State of Illinois
92nd General Assembly
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92_HB5623

 
                                               LRB9214786RCcd

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Criminal  Code  of  1961  is  amended  by
 5    changing Section 12-21.6 as follows:

 6        (720 ILCS 5/12-21.6)
 7        (Text of Section before amendment by P.A. 92-515)
 8        Sec. 12-21.6.  Endangering the life or health of a child.
 9        (a)  It  is  unlawful for a any person to willfully cause
10    or permit the life or health of a child under the age  of  18
11    to  be  endangered or to willfully cause or permit a child to
12    be placed in circumstances that endanger the child's life  or
13    health,  except  that  it  is  not  unlawful  for a person to
14    relinquish a child in accordance with the  Abandoned  Newborn
15    Infant Protection Act.
16        (b)  A   violation   of   this   Section  is  a  Class  A
17    misdemeanor.   A  second  or  subsequent  violation  of  this
18    Section is a Class 3 felony.  A  violation  of  this  Section
19    that  is  a  proximate  cause  of the death of the child is a
20    Class 3 felony for which a person, if sentenced to a term  of
21    imprisonment, shall be sentenced to a term of not less than 2
22    years and not more than 10 years.
23    (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)

24        (Text of Section after amendment by P.A. 92-515)
25        Sec. 12-21.6.  Endangering the life or health of a child.
26        (a)  It  is  unlawful for a any person to willfully cause
27    or permit the life or health of a child under the age  of  18
28    to  be  endangered or to willfully cause or permit a child to
29    be placed in circumstances that endanger the child's life  or
30    health,  except  that  it  is  not  unlawful  for a person to
31    relinquish a child in accordance with the  Abandoned  Newborn
 
                            -2-                LRB9214786RCcd
 1    Infant Protection Act.
 2        (b)  There  is  a  rebuttable  presumption  that a person
 3    committed the offense if he or she left a child  6  years  of
 4    age or younger unattended in a motor vehicle for more than 10
 5    minutes.
 6        (c)  "Unattended"  means either: (i) not accompanied by a
 7    person 14 years of age or older; or (ii) if accompanied by  a
 8    person 14 years of age or older, out of sight of that person.
 9        (d)  A   violation   of   this   Section  is  a  Class  A
10    misdemeanor.   A  second  or  subsequent  violation  of  this
11    Section is a Class 3 felony.  A  violation  of  this  Section
12    that  is  a  proximate  cause  of the death of the child is a
13    Class 3 felony for which a person, if sentenced to a term  of
14    imprisonment, shall be sentenced to a term of not less than 2
15    years and not more than 10 years.
16    (Source:  P.A.  92-408,  eff.  8-17-01; 92-432, eff. 8-17-01;
17    92-515, eff. 6-1-02; revised 1-7-02.)

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