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92_SB0028ham002 LRB9201184ARsbam04 1 AMENDMENT TO SENATE BILL 28 2 AMENDMENT NO. . Amend Senate Bill 28 as follows: 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Criminal Code of 1961 is amended by 6 changing Section 12-21.6 as follows: 7 (720 ILCS 5/12-21.6) 8 Sec. 12-21.6. Endangering the life or health of a child. 9 (a) It is unlawful for any person to willfully cause or 10 permit the life or health of a child under the age of 18 to 11 be endangered or to willfully cause or permit a child to be 12 placed in circumstances that endanger the child's life or 13 health. 14 (a-5) A person commits the offense of endangering the 15 life or health of a child if he or she leaves a child 6 years 16 of age or younger unattended in a motor vehicle. For 17 purposes of this subsection: 18 (1) There is a rebuttable presumption that a person 19 committed the offense if he or she left a child 6 years 20 of age or younger unattended in a motor vehicle for more 21 than 10 minutes. 22 (2) "Unattended" means either: (i) not accompanied -2- LRB9201184ARsbam04 1 by a person 14 years of age or older; or (ii) if 2 accompanied by a person 14 years of age or older, out of 3 sight of that person. 4 (b) A violation of this Section is a Class A 5 misdemeanor. A second or subsequent violation of this 6 Section is a Class 3 felony. A violation of this Section 7 that is a proximate cause of the death of the child is a 8 Class 3 felony for which a person, if sentenced to a term of 9 imprisonment, shall be sentenced to a term of not less than 2 10 years and not more than 10 years. 11 (Source: P.A. 90-687, eff. 7-31-98.)".