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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 aanyperson 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 aanyperson 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.)