SB0414 EngrossedLRB101 04188 SLF 49196 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 12C-5 as follows:
 
6    (720 ILCS 5/12C-5)   (was 720 ILCS 5/12-21.6)
7    Sec. 12C-5. Endangering the life or health of a child.
8    (a) A person commits endangering the life or health of a
9child when he or she knowingly: (1) causes or permits the life
10or health of a child under the age of 18 to be endangered; or
11(2) causes or permits a child to be placed in circumstances
12that endanger the child's life or health. It is not a violation
13of this Section for a person to relinquish a child in
14accordance with the Abandoned Newborn Infant Protection Act.
15    (a-5) A person commits aggravated endangering the life or
16health of a child when he or she knowingly and willfully
17deprives a child under the age of 18 of necessary food,
18shelter, health care, or supervision appropriate to the age of
19the child, when the person is reasonably able to make the
20necessary provisions and which deprivation substantially harms
21the child's physical, mental, or emotional health. In this
22subsection (a-5), the failure to provide specific medical
23treatment shall not alone be considered willful deprivation of

 

 

SB0414 Engrossed- 2 -LRB101 04188 SLF 49196 b

1health care if the person can show that the treatment would
2conflict with the tenets and practice of a recognized religious
3denomination of which the person is an adherent or member. This
4exception does not in any manner restrict the right of an
5interested party to petition the court on behalf of the best
6interest of the child.
7    (b) A trier of fact may infer that a child 6 years of age or
8younger is unattended if that child is left in a motor vehicle
9for more than 10 minutes.
10    (c) "Unattended" means either: (i) not accompanied by a
11person 14 years of age or older; or (ii) if accompanied by a
12person 14 years of age or older, out of sight of that person.
13    (d) Sentence. A violation of subsection (a) this Section is
14a Class A misdemeanor. A second or subsequent violation of
15subsection (a) this Section is a Class 3 felony. A violation of
16subsection (a) this Section that is a proximate cause of the
17death of the child is a Class 3 felony for which a person, if
18sentenced to a term of imprisonment, shall be sentenced to a
19term of not less than 2 years and not more than 10 years. A
20violation of subsection (a-5) is a Class 4 felony. A parent,
21who is found to be in violation of this Section with respect to
22his or her child, may be sentenced to probation for this
23offense pursuant to Section 12C-15.
24(Source: P.A. 97-1109, eff. 1-1-13.)