Full Text of HB3800 97th General Assembly
HB3800 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3800 Introduced 10/5/2011, by Rep. Jim Sacia - Chris Nybo - Dwight Kay - Kay Hatcher - David Reis, et al. SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/12-21.5 |
| 720 ILCS 5/12-21.5-1 new | |
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Amends the Criminal Code of 1961. Provides that, in addition to other elements of the offense, a person commits the offense of child abandonment when he or
she, as a parent, guardian, or other person having physical custody or control
of a child under 13 years of age, willfully or by culpable negligence fails to make contact with or otherwise verify the whereabouts and safety of that child for a period of 24 hours and to immediately report the child as missing to a law enforcement agency after this 24-hour period expires without contact. Creates the offense of failure to report the death of a child. Provides that a person commits the offense when he or
she, as a parent, guardian, or other person having physical custody or control
of a child under 18 years of age reasonably believes that the child has died and fails within one hour of forming that reasonable belief, or as soon thereafter as reasonably practicable if compliance within one hour is impracticable, to: (1) notify a law enforcement agency of the child's apparent death and the location of the child; or (2) seek medical attention on the child's behalf. Provides that failure to report the death of a child is a Class 4 felony.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning 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 changing | 5 | | Section 12-21.5 and by adding Section 12-21.5-1 as follows:
| 6 | | (720 ILCS 5/12-21.5)
| 7 | | Sec. 12-21.5. Child Abandonment.
| 8 | | (a) A person commits the offense of child abandonment when | 9 | | he or
she, as a parent, guardian, or other person having | 10 | | physical custody or control
of a child, without regard for the | 11 | | mental or physical health, safety, or
welfare of that child, | 12 | | knowingly leaves that child who is under the age of 13
without | 13 | | supervision by a responsible person over the age of 14 for a | 14 | | period of
24 hours or more, except that a person does not | 15 | | commit the offense of child
abandonment when he or she | 16 | | relinquishes a child in accordance with the
Abandoned Newborn | 17 | | Infant Protection Act.
| 18 | | (a-5) A person commits the offense of child abandonment | 19 | | when he or
she, as a parent, guardian, or other person having | 20 | | physical custody or control
of a child under 13 years of age, | 21 | | willfully or by culpable negligence fails to make contact with | 22 | | or otherwise verify the whereabouts and safety of that child | 23 | | for a period of 24 hours and to immediately report the child as |
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| 1 | | missing to a law enforcement agency after this 24-hour period | 2 | | expires without contact. | 3 | | (b) For the purposes of determining whether the child was | 4 | | left without
regard for the mental or physical health, safety, | 5 | | or welfare of that child, the
trier of fact shall consider the | 6 | | following factors:
| 7 | | (1) the age of the child;
| 8 | | (2) the number of children left at the location;
| 9 | | (3) special needs of the child, including whether the | 10 | | child is physically
or mentally handicapped, or otherwise | 11 | | in need of ongoing prescribed medical
treatment such as | 12 | | periodic doses of insulin or other medications;
| 13 | | (4) the duration of time in which the child was left | 14 | | without supervision;
| 15 | | (5) the condition and location of the place where the | 16 | | child was left
without supervision;
| 17 | | (6) the time of day or night when the child was left | 18 | | without supervision;
| 19 | | (7) the weather conditions, including whether the | 20 | | child was left in a
location with adequate protection from | 21 | | the natural elements such as adequate
heat or light;
| 22 | | (8) the location of the parent, guardian, or other | 23 | | person having physical
custody or control of the child at | 24 | | the time the child was left without
supervision, the | 25 | | physical distance the child was from the parent, guardian, | 26 | | or
other person having physical custody or control of the |
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| 1 | | child at the time the
child was without supervision;
| 2 | | (9) whether the child's movement was restricted, or the | 3 | | child was
otherwise locked within a room or other | 4 | | structure;
| 5 | | (10) whether the child was given a phone number of a | 6 | | person
or location to call in the event of an emergency and | 7 | | whether the child was
capable of making an emergency call;
| 8 | | (11) whether there was food and other provision left | 9 | | for the child;
| 10 | | (12) whether any of the conduct is attributable to | 11 | | economic hardship or
illness and the parent, guardian or | 12 | | other person having physical custody or
control of the | 13 | | child made a good faith effort to provide for the health | 14 | | and
safety of the child;
| 15 | | (13) the age and physical and mental capabilities of | 16 | | the person or persons
who provided supervision for the | 17 | | child;
| 18 | | (14) any other factor that would endanger the health or | 19 | | safety of that
particular child;
| 20 | | (15) whether the child was left under the supervision | 21 | | of another person.
| 22 | | (d) Child abandonment is a Class 4 felony. A second or | 23 | | subsequent offense
after a prior conviction is a Class 3 | 24 | | felony.
| 25 | | (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
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| 1 | | (720 ILCS 5/12-21.5-1 new) | 2 | | Sec. 12-21.5-1. Failure to report the death of a child. | 3 | | (a) A person commits the offense of failure to report the | 4 | | death of a child when he or
she, as a parent, guardian, or | 5 | | other person having physical custody or control
of a child | 6 | | under 18 years of age, reasonably believes that the child has | 7 | | died and fails within one hour of forming that reasonable | 8 | | belief, or as soon thereafter as reasonably practicable if | 9 | | compliance within one hour is impracticable, to: | 10 | | (1) notify a law enforcement agency of the child's | 11 | | apparent death and the location of the child; or | 12 | | (2) seek medical attention on the child's behalf. | 13 | | (b) Sentence. Failure to report the death of a child is a | 14 | | Class 4 felony.
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