093_SB0288

 
                                     LRB093 03813 RLC 03848 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 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 a any person to willfully cause
 9    or permit the life or health of a child under the age  of  18
10    to  be  endangered or to willfully cause or permit a child to
11    be placed in circumstances that endanger the child's life  or
12    health,  except  that  it  is  not  unlawful  for a person to
13    relinquish a child in accordance with the  Abandoned  Newborn
14    Infant 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
17    age or younger unattended in a motor vehicle for more than 10
18    minutes.
19        (c)  "Unattended"  means either: (i) not accompanied by a
20    person 14 years of age or older; or (ii) if accompanied by  a
21    person 14 years of age or older, out of sight of that person.
22        (d)  A   violation   of   this   Section  is  a  Class  A
23    misdemeanor.   A  second  or  subsequent  violation  of  this
24    Section is a Class 3 felony.  A  violation  of  this  Section
25    that  is  a  proximate  cause  of the death of the child is a
26    Class 3 felony for which a person, if sentenced to a term  of
27    imprisonment, shall be sentenced to a term of not less than 2
28    years and not more than 10 years.
29    (Source:  P.A.  92-408,  eff.  8-17-01; 92-432, eff. 8-17-01;
30    92-515, eff. 6-1-02; 92-651, eff. 7-11-02.)