Bill Text: IL SB0414 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Amends the Criminal Code of 2012. Provides that a person commits aggravated endangering the life or health of a child when he or she knowingly and willfully deprives a child under the age of 18 of necessary food, shelter, health care, or supervision appropriate to the age of the child, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child's physical, mental, or emotional health. Provides that the failure to provide specific medical treatment shall not alone be considered willful deprivation of health care if the person can show that the treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. Provides that the exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child. Provides that this offense is a Class 4 felony.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB0414 Detail]

Download: Illinois-2019-SB0414-Engrossed.html

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SB0414 Engrossed LRB101 04188 SLF 49196 b
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 changing
Section 12C-5 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.
(a-5) A person commits aggravated endangering the life or
health of a child when he or she knowingly and willfully
deprives a child under the age of 18 of necessary food,
shelter, health care, or supervision appropriate to the age of
the child, when the person is reasonably able to make the
necessary provisions and which deprivation substantially harms
the child's physical, mental, or emotional health. In this
subsection (a-5), the failure to provide specific medical
treatment shall not alone be considered willful deprivation of

SB0414 Engrossed - 2 - LRB101 04188 SLF 49196 b
health care if the person can show that the treatment would
conflict with the tenets and practice of a recognized religious
denomination of which the person is an adherent or member. This
exception does not in any manner restrict the right of an
interested party to petition the court on behalf of the best
interest of the child.
(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
for more than 10 minutes.
(c) "Unattended" means either: (i) not accompanied by a
person 14 years of age or older; or (ii) if accompanied by a
person 14 years of age or older, out of sight of that person.
(d) Sentence. A violation of subsection (a) this Section is
a Class A misdemeanor. A second or subsequent violation of
subsection (a) this Section is a Class 3 felony. A violation of
subsection (a) 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
violation of subsection (a-5) is a Class 4 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.
(Source: P.A. 97-1109, eff. 1-1-13.)