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92_SB0028sam001 LRB9201184ARsbam02 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 16 unattended in a motor vehicle. For purposes of this 17 subsection: 18 (1) There is a rebuttable presumption that a person 19 committed the offense if he or left a child unattended in 20 a motor vehicle for more than 10 minutes. 21 (2) "Unattended" means either: (i) not accompanied 22 by a person 14 years of age or older; or (ii) if -2- LRB9201184ARsbam02 1 accompanied by a person 14 years of age or older, out of 2 sight of that person. 3 (b) A violation of this Section is a Class A 4 misdemeanor. A second or subsequent violation of this 5 Section is a Class 3 felony. A violation of this Section 6 that is a proximate cause of the death of the child is a 7 Class 3 felony for which a person, if sentenced to a term of 8 imprisonment, shall be sentenced to a term of not less than 2 9 years and not more than 10 years. 10 (Source: P.A. 90-687, eff. 7-31-98.)".