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90_HB3539
720 ILCS 5/12-21.7 new
720 ILCS 5/12-22
Amends the Criminal Code of 1961. Creates the offense of
criminal child neglect. Provides that a caretaker who
neglects a child under 13 years of age commits the offense.
Establishes factors to be considered by the trier of fact in
determining whether a person committed the offense. Penalty
is a Class B misdemeanor. A second or subsequent offense is
a Class 4 felony. If death or great bodily harm to the child
occurs, the offense is a Class 4 felony. Permits the court to
impose the one time special probation disposition and to
dismiss proceedings without adjudication of guilt upon
fulfillment by the defendant of terms and conditions imposed
by the court if the child survives injuries due to the
neglect.
LRB9007815RCksA
LRB9007815RCksA
1 AN ACT to amend the Criminal Code of 1961 by changing
2 Section 12-22 and adding Section 12-21.7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Criminal Code of 1961 is amended by
6 changing Section 12-22 and adding Section 12-21.7 as follows:
7 (720 ILCS 5/12-21.7 new)
8 Sec. 12-21.7. Criminal child neglect.
9 (a) A person commits the offense of criminal child
10 neglect when he or she is a caretaker and neglects a child.
11 (b) Sentence. Criminal child neglect is a Class B
12 misdemeanor. A second or subsequent violation of this Section
13 is a Class 4 felony. A violation of this Section that results
14 in death or great bodily harm to a child is a Class 4 felony.
15 (c) Factors. In determining whether a person committed
16 the offense of criminal child neglect, the trier of fact
17 shall consider the following factors:
18 (1) the age of the minor;
19 (2) the number of minors left at the location;
20 (3) special needs of the minor, including whether
21 the minor is physically or mentally handicapped, or
22 otherwise in need of ongoing prescribed medical treatment
23 such as periodic doses of insulin or other medications;
24 (4) the duration of time in which the minor was
25 left without supervision;
26 (5) the condition and location of the place where
27 the minor was left without supervision;
28 (6) the time of day or night when the minor was
29 left without supervision;
30 (7) the weather conditions, including whether the
31 minor was left in a location with adequate protection
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1 from the natural elements such as adequate heat or light;
2 (8) the location of the parent or guardian at the
3 time the minor was left without supervision and the
4 physical distance the minor was from the parent or
5 guardian at the time the minor was without supervision;
6 (9) whether the minor's movement was restricted or
7 the minor was otherwise locked within a room or other
8 structure;
9 (10) whether the minor was given a phone number of
10 a person or location to call in the event of an emergency
11 and whether the minor was capable of making an emergency
12 call;
13 (11) whether there was food and other provisions
14 left for the minor;
15 (12) whether any of the conduct is attributable to
16 economic hardship or illness and the parent, guardian or
17 other person having physical custody or control of the
18 child made a good faith effort to provide for the health
19 and safety of the minor;
20 (13) the age and physical and mental capabilities
21 of the person or persons who provided supervision for the
22 minor;
23 (14) whether the minor was left under the
24 supervision of another person;
25 (15) any other factor that would endanger the life
26 or health of that particular minor.
27 (d) Definitions.
28 (1) "Caretaker" means a person who has a duty to
29 provide for a child's personal care.
30 "Caretaker" includes a parent, step-parent, or other
31 adult household member, or a person who agrees to serve
32 as caretaker with or without compensation.
33 Nothing in this Section shall be construed to impose
34 criminal liability on a person who has made a good faith
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1 effort to provide for the safety and care of a child, but
2 through no fault of his or her own has been unable to
3 provide for that safety.
4 (2) "Child" means a person under the age of 13
5 years.
6 (3) "Neglect" means any of the following:
7 (i) negligently performing acts that cause the
8 child's life or health to be endangered;
9 (ii) failing to perform acts that he or she
10 knows or reasonably should know are necessary to
11 preserve the life or health of the child and that
12 failure causes the child's life or health to be
13 endangered;
14 (iii) negligently failing to provide adequate
15 medical or personal care or maintenance, which
16 failure causes the child's life or health to be
17 endangered;
18 (iv) negligently leaving the minor without
19 supervision by a responsible person over the age of
20 14 years of age for an unreasonable period of time
21 that causes the child's life or health to be
22 endangered.
23 (720 ILCS 5/12-22)
24 Sec. 12-22. Probation.
25 (a) Whenever a parent of a child as determined by the
26 court on the facts before it, pleads guilty to or is found
27 guilty of, with respect to his or her child, child
28 abandonment under Section 12-21.5 of this the Criminal Code,
29 of 1961 or endangering the life or health of a child under
30 Section 12-21.6 of this the Criminal Code of 1961, or
31 criminal child neglect under Section 12-21.7 of this Code,
32 the court may, without entering a judgment of guilt and with
33 the consent of the person, defer further proceedings and
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1 place the person upon probation upon the reasonable terms and
2 conditions as the court may require. At least one term of
3 the probation shall require the person to cooperate with the
4 Department of Children and Family Services at the times and
5 in the programs that the Department of Children and Family
6 Services may require.
7 (b) Upon fulfillment of the terms and conditions imposed
8 under subsection (a), the court may shall discharge the
9 person and dismiss the proceedings. Discharge and dismissal
10 under this Section shall be without court adjudication of
11 guilt and shall not be considered a conviction for purposes
12 of disqualification or disabilities imposed by law upon
13 conviction of a crime. However, a record of the disposition
14 shall be reported by the clerk of the circuit court to the
15 Department of State Police under Section 2.1 of the Criminal
16 Identification Act, and the record shall be maintained and
17 provided to any civil authority in connection with a
18 determination of whether the person is an acceptable
19 candidate for the care, custody and supervision of children.
20 (c) Discharge and dismissal under this Section may occur
21 only once.
22 (d) Probation under this Section may not be for a period
23 of less than 2 years.
24 (e) If the child dies of the injuries alleged, this
25 Section shall be inapplicable.
26 (Source: P.A. 88-479.)