Sen. Debbie DeFrancesco Halvorson

Filed: 2/24/2004

 

 


 

 


 
09300SB3140sam001 LRB093 21207 RLC 48010 a

1
AMENDMENT TO SENATE BILL 3140

2     AMENDMENT NO. ______. Amend Senate Bill 3140 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-21.6 as follows:
 
6     (720 ILCS 5/12-21.6)
7     Sec. 12-21.6. Endangering the life or health of a child.
8     (a) It is unlawful for any person to willfully cause or
9 permit the life or health of a child under the age of 18 to be
10 endangered or to willfully cause or permit a child to be placed
11 in circumstances that endanger the child's life or health,
12 except that it is not unlawful for a person to relinquish a
13 child in accordance with the Abandoned Newborn Infant
14 Protection Act.
15     (b) There is a rebuttable presumption that a person
16 committed the offense if he or she left a child 6 years of age
17 or younger unattended in a motor vehicle for more than 10
18 minutes.
19     (b-5) There is a rebuttable presumption that a person
20 committed the offense if he or she permits a child of which
21 that person is the parent or legal guardian, or a child that he
22 or she is caring for with the permission of the parent or legal
23 guardian of that child, to be present or remain at a location
24 where any act takes place that is chargeable as a Class 2

 

 

09300SB3140sam001 - 2 - LRB093 21207 RLC 48010 a

1 felony or greater under the Illinois Controlled Substances Act
2 or the Cannabis Control Act.
3     (c) "Unattended" means either: (i) not accompanied by a
4 person 14 years of age or older; or (ii) if accompanied by a
5 person 14 years of age or older, out of sight of that person.
6     (d) A violation of this Section is a Class A misdemeanor,
7 except that a violation of this Section is a Class 4 felony if
8 the conditions described in subsection (b-5) are present. A
9 second or subsequent violation of this Section is a Class 3
10 felony. A violation of this Section that is a proximate cause
11 of the death of the child is a Class 3 felony for which a
12 person, if sentenced to a term of imprisonment, shall be
13 sentenced to a term of not less than 2 years and not more than
14 10 years.
15 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
16 92-515, eff. 6-1-02; 92-651, eff. 7-11-02.)".