103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4310
 
Introduced 1/16/2024, by Rep. Travis Weaver
 
SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12C-5  was 720 ILCS 5/12-21.6
    Amends the Criminal Code of 2012. Provides that a person commits endangering the life or health of a child when he or she knowingly permits a child to possess an imitation firearm that has had a federally required marking altered, changed, removed, or obliterated. Provides that a violation is a Class A misdemeanor. Defines "imitation firearm".


LRB103 35106 RLC 65063 b

 
 
A BILL FOR
 
HB4310LRB103 35106 RLC 65063 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 
5changing Section 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 endangering the life or health of a 
16child when he or she knowingly permits a child to possess an 
17imitation firearm that has had a marking that is required 
18under Section 5001 of Title 15 of the United States Code 
19altered, changed, removed, or obliterated. 
20    (b) A trier of fact may infer that a child 6 years of age 
21or younger is unattended if that child is left in a motor 
22vehicle for more than 10 minutes.
23    (c) As used in this Section: 
 
 
HB4310- 2 -LRB103 35106 RLC 65063 b

1    "Imitation firearm" means any one or more of the following 
2that is an imitation of an original firearm and capable of 
3firing a nonmetallic projectile: a toy gun, a water gun, a 
4replica nongun, or an airsoft gun. 
5    "Unattended" means either: (i) not accompanied by a person 
614 years of age or older; or (ii) if accompanied by a person 14 
7years of age or older, out of sight of that person.
8    (d) Sentence. A violation of subsection (a) this Section 
9is a Class A misdemeanor. A second or subsequent violation of 
10subsection (a) this Section is a Class 3 felony. A violation of 
11subsection (a) this Section that is a proximate cause of the 
12death of the child is a Class 3 felony for which a person, if 
13sentenced to a term of imprisonment, shall be sentenced to a 
14term of not less than 2 years and not more than 10 years. A 
15parent, who is found to be in violation of subsection (a) this 
16Section with respect to his or her child, may be sentenced to 
17probation for this offense pursuant to Section 12C-15. A 
18violation of subsection (a-5) is a Class A misdemeanor. 
19(Source: P.A. 97-1109, eff. 1-1-13.)