Bill Amendment: IL HB4874 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: CRIMINAL LAW-TECH

Status: 2016-04-22 - House Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee [HB4874 Detail]

Download: Illinois-2015-HB4874-House_Amendment_001.html

---

Rep. John D. Anthony

Filed: 4/6/2016

09900HB4874ham001 LRB099 18057 RLC 46942 a
AMENDMENT TO HOUSE BILL 4874
AMENDMENT NO. ______. Amend House Bill 4874 by replacing
everything after the enacting clause with the following:
"Section 5. The Criminal Code of 2012 is amended by
changing Sections 12C-5 and 12C-10 as follows:
(720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)
Sec. 12C-5. Endangering the life or health of a child.
(a) A person commits endangering the life or health of a
child when he or she knowingly: (1) causes or permits the life
or health of a child under the age of 18 to be endangered; or
(2) causes or permits a child to be placed in circumstances
that endanger the child's life or health. It is not a violation
of this Section for a person to relinquish a child in
accordance with the Abandoned Newborn Infant Protection Act.
(b) A trier of fact may infer that a child 6 years of age or
younger is unattended if that child is left in a motor vehicle

09900HB4874ham001 - 2 - LRB099 18057 RLC 46942 a
for more than 10 minutes.
(c) "Unattended" means either: (i) not accompanied by a
person 12 14 years of age or older; or (ii) if accompanied by a
person 12 14 years of age or older, out of sight of that
person.
(d) Sentence. A violation of this Section is a Class A
misdemeanor. A second or subsequent violation of this Section
is a Class 3 felony. A violation of this Section that is a
proximate cause of the death of the child is a Class 3 felony
for which a person, if sentenced to a term of imprisonment,
shall be sentenced to a term of not less than 2 years and not
more than 10 years. A parent, who is found to be in violation
of this Section with respect to his or her child, may be
sentenced to probation for this offense pursuant to Section
12C-15.
(Source: P.A. 97-1109, eff. 1-1-13.)
(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
Sec. 12C-10. Child abandonment.
(a) A person commits child abandonment when he or she, as a
parent, guardian, or other person having physical custody or
control of a child, without regard for the mental or physical
health, safety, or welfare of that child, knowingly leaves that
child who is under the age of 11 13 without supervision by a
responsible person over the age of 12 14 for a period of 24
hours or more. It is not a violation of this Section for a

09900HB4874ham001 - 3 - LRB099 18057 RLC 46942 a
person to relinquish a child in accordance with the Abandoned
Newborn Infant Protection Act.
(b) For the purposes of determining whether the child was
left without regard for the mental or physical health, safety,
or welfare of that child, the trier of fact shall consider the
following factors:
(1) the age of the child;
(2) the number of children left at the location;
(3) special needs of the child, including whether the
child is a person with a physical or mental disability, or
otherwise in need of ongoing prescribed medical treatment
such as periodic doses of insulin or other medications;
(4) the duration of time in which the child was left
without supervision;
(5) the condition and location of the place where the
child was left without supervision;
(6) the time of day or night when the child was left
without supervision;
(7) the weather conditions, including whether the
child was left in a location with adequate protection from
the natural elements such as adequate heat or light;
(8) the location of the parent, guardian, or other
person having physical custody or control of the child at
the time the child was left without supervision, the
physical distance the child was from the parent, guardian,
or other person having physical custody or control of the

09900HB4874ham001 - 4 - LRB099 18057 RLC 46942 a
child at the time the child was without supervision;
(9) whether the child's movement was restricted, or the
child was otherwise locked within a room or other
structure;
(10) whether the child was given a phone number of a
person or location to call in the event of an emergency and
whether the child was capable of making an emergency call;
(11) whether there was food and other provision left
for the child;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent, guardian or
other person having physical custody or control of the
child made a good faith effort to provide for the health
and safety of the child;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
child;
(14) any other factor that would endanger the health or
safety of that particular child;
(15) whether the child was left under the supervision
of another person.
(c) Child abandonment is a Class 4 felony. A second or
subsequent offense after a prior conviction is a Class 3
felony. A parent, who is found to be in violation of this
Section with respect to his or her child, may be sentenced to
probation for this offense pursuant to Section 12C-15.

09900HB4874ham001 - 5 - LRB099 18057 RLC 46942 a
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)".