SB3140sam001 93RD GENERAL ASSEMBLY

Sen. Debbie DeFrancesco Halvorson

Filed: 2/24/2004

09300SB3140sam001 LRB093 21207 RLC 48010 a

AMENDMENT TO SENATE BILL 3140

AMENDMENT NO. ______. Amend Senate Bill 3140 by replacing everything after the enacting clause with the following:

"Section 5. The Criminal Code of 1961 is amended by changing Section 12-21.6 as follows:

(720 ILCS 5/12-21.6)

Sec. 12-21.6. Endangering the life or health of a child.

(a) It is unlawful for any person to willfully cause or permit the life or health of a child under the age of 18 to be endangered or to willfully cause or permit a child to be placed in circumstances that endanger the child's life or health, except that it is not unlawful for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.

(b) There is a rebuttable presumption that a person committed the offense if he or she left a child 6 years of age or younger unattended in a motor vehicle for more than 10 minutes.

(b-5) There is a rebuttable presumption that a person committed the offense if he or she permits a child of which that person is the parent or legal guardian, or a child that he or she is caring for with the permission of the parent or legal guardian of that child, to be present or remain at a location where any act takes place that is chargeable as a Class 2 felony or greater under the Illinois Controlled Substances Act or the Cannabis Control Act.

(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) A violation of this Section is a Class A misdemeanor, except that a violation of this Section is a Class 4 felony if the conditions described in subsection (b-5) are present. 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.

(Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01; 92-515, eff. 6-1-02; 92-651, eff. 7-11-02.)".