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92_SB0028gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 17, 2001
To the Honorable Members of
The Illinois Senate
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex rel.
Klinger v. Howlett, 50 Ill.2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill.2d 387
(1979), People ex rel. City of Canton v. Crouch, 79 Ill.2d
356 (1980), and County of Kane v. Carlson, 116 Ill.2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return Senate Bill 28, entitled "AN ACT concerning criminal
law," with my specific recommendations for change.
Senate Bill 28 amends the Criminal Code to add to the
offense of endangering the life or health of a child by
creating the offense of leaving a child unattended in a motor
vehicle. A person commits the offense of endangering the
life or health of a child if he or she leaves a child six
years of age or younger unattended in a motor vehicle. The
bill also provides that there is a rebuttable presumption
that a person committed the offense if he or she left a child
six years of age or younger unattended in a motor vehicle for
more than 10 minutes.
At the request of Senate Bill 28's chief sponsor and the
Chairman of the Senate Judiciary Committee, I am proposing a
technical change to Senate Bill 28. The purpose of the bill
was to establish a rebuttable presumption in the existing
statute without creating a new offense. The new language in
Senate Bill 28, however, does appear to create a new offense
of leaving a child under the age of six unattended in a
vehicle. The penalties for the offenses outlined in the bill
and current law shall remain the same and the changes
proposed below should help to clarify the bill and create a
more appropriate criminal law.
For these reasons, I return Senate Bill 28 with the
following recommendations for change:
on page 1, delete lines 13-16; and
on page 1, line 17, renumber (1) with (b) and line 21
renumber (2) with (c); and
on page 1, line 25, replace (b) with (d).
With these specific recommendations for change, Senate
Bill 28 will have my approval. I respectfully request your
concurrence.
Sincerely,
George H. Ryan
GOVERNOR