Bill Text: IL HB3357 | 2013-2014 | 98th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Criminal Code of 2012. Creates the offense of abandoning a disabled adult. Provides that a parent or legal guardian of a person who at the time of the offense was a severely or profoundly intellectually disabled person at least 18 years of age commits abandoning a disabled adult when he or she without regard for the mental or physical health, safety, or welfare of the person knowingly leaves the severely or profoundly intellectually disabled person without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Establishes factors the trier of fact shall consider for the purposes of determining whether the severely or profoundly intellectually disabled person was left without regard for the mental or physical health, safety, or welfare of that severely or profoundly intellectually disabled person. Provides that abandoning a disabled adult is a Class 4 felony. Provides that a second or subsequent offense after a prior conviction is a Class 3 felony.

Spectrum: Slight Partisan Bill (Republican 8-5)

Status: (Failed) 2014-12-03 - Session Sine Die [HB3357 Detail]

Download: Illinois-2013-HB3357-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB3357 Introduced , by Rep. Michael W. Tryon SYNOPSIS AS INTRODUCED:
720 ILCS 5/12-4.4b new
Amends the Criminal Code of 2012. Creates the offense of abandoning a disabled adult. Provides that a parent or legal guardian of a person who at the time of the offense was a severely or profoundly intellectually disabled person at least 18 years of age commits abandoning a disabled adult when he or she without regard for the mental or physical health, safety, or welfare of the person knowingly leaves the severely or profoundly intellectually disabled person without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Establishes factors the trier of fact shall consider for the purposes of determining whether the severely or profoundly intellectually disabled person was left without regard for the mental or physical health, safety, or welfare of that severely or profoundly intellectually disabled person. Provides that abandoning a disabled adult is a Class 4 felony. Provides that a second or subsequent offense after a prior conviction is a Class 3 felony.
LRB098 07868 RLC 37952 b
CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by adding
Section 12-4.4b as follows:
(720 ILCS 5/12-4.4b new)
Sec. 12-4.4b. Abandoning a disabled adult.
(a) A parent or legal guardian of a person who at the time
of the offense was a severely or profoundly intellectually
disabled person at least 18 years of age commits abandoning a
disabled adult when he or she without regard for the mental or
physical health, safety, or welfare of the person knowingly
leaves the severely or profoundly intellectually disabled
person without supervision by a responsible person over the age
of 14 for a period of 24 hours or more.
(b) For the purposes of determining whether the severely or
profoundly intellectually disabled person was left without
regard for the mental or physical health, safety, or welfare of
that severely or profoundly intellectually disabled person,
the trier of fact shall consider the following factors:
(1) the age of the severely or profoundly
intellectually disabled person;
(2) the number of severely or profoundly

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intellectually disabled persons left at the location;
(3) special needs of the severely or profoundly
intellectually disabled person, including whether the
severely or profoundly intellectually disabled person is
physically handicapped, 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 severely or
profoundly intellectually disabled person was left without
supervision;
(5) the condition and location of the place where the
severely or profoundly intellectually disabled person was
left without supervision;
(6) the time of day or night when the severely or
profoundly intellectually disabled person was left without
supervision;
(7) the weather conditions, including whether the
severely or profoundly intellectually disabled person was
left in a location with adequate protection from the
natural elements such as adequate heat or light;
(8) the location of the parent or legal guardian at the
time the severely or profoundly intellectually disabled
person was left without supervision, the physical distance
the severely or profoundly intellectually disabled person
was from the parent or legal guardian at the time the
severely or profoundly intellectually disabled person was

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without supervision;
(9) whether the severely or profoundly intellectually
disabled person's movement was restricted, or the severely
or profoundly intellectually disabled person was otherwise
locked within a room or other structure;
(10) whether the severely or profoundly intellectually
disabled person was given a phone number of a person or
location to call in the event of an emergency and whether
the severely or profoundly intellectually disabled person
was capable of making an emergency call;
(11) whether there was food and other provision left
for the severely or profoundly intellectually disabled
person;
(12) whether any of the conduct is attributable to
economic hardship or illness and the parent or legal
guardian made a good faith effort to provide for the health
and safety of the severely or profoundly intellectually
disabled person;
(13) the age and physical and mental capabilities of
the person or persons who provided supervision for the
severely or profoundly intellectually disabled person;
(14) any other factor that would endanger the health or
safety of that particular severely or profoundly
intellectually disabled person; and
(15) whether the severely or profoundly intellectually
disabled person was left under the supervision of another

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person.
(c) It is a defense to a violation of this Section that, at
the time of the offense, the defendant was not legal guardian
of the severely or profoundly intellectually disabled person or
that guardianship was transferred by court order from the
parent or legal guardian to another legal guardian.
(d) Sentence. Abandoning a disabled adult is a Class 4
felony. A second or subsequent offense after a prior conviction
is a Class 3 felony.