SB1666 97TH GENERAL ASSEMBLY

LRB097 07910 RLC 48025 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1666

Introduced 2/9/2011, by Sen. Jacqueline Y. Collins

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-21.6

Amends the Criminal Code of 1961. Adds, to the circumstances under which endangering the life or health of a child is a Class 3 felony for which the 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, the following: that the violation is the proximate cause of great bodily harm or permanent disability or disfigurement of the child; or that the violation occurs while the person is committing or attempting to commit another offense that is a felony or a Class A misdemeanor. Effective immediately.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

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.

(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. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that:(i) is a proximate cause of the death, great bodily harm, or permanent disability or disfigurement of the child, or (ii) occurs while the person is committing or attempting to commit another offense that is a felony or a Class A misdemeanor, 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.)

Section 99. Effective date. This Act takes effect upon becoming law.