SB0414eng 101ST GENERAL ASSEMBLY

SB0414 Engrossed LRB101 04188 SLF 49196 b

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 2012 is amended by changing Section 12C-5 as follows:

(720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)

Sec. 12C-5. Endangering the life or health of a child.

(a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.

(a-5) A person commits aggravated endangering the life or health of a child when he or she knowingly and willfully deprives a child under the age of 18 of necessary food, shelter, health care, or supervision appropriate to the age of the child, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child's physical, mental, or emotional health. In this subsection (a-5), the failure to provide specific medical treatment shall not alone be considered willful deprivation of health care if the person can show that the treatment would conflict with the tenets and practice of a recognized religious denomination of which the person is an adherent or member. This exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child.

(b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left 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) Sentence. A violation of subsection (a) this Section is a Class A misdemeanor. A second or subsequent violation of subsection (a) this Section is a Class 3 felony. A violation of subsection (a) 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. A violation of subsection (a-5) is a Class 4 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.

(Source: P.A. 97-1109, eff. 1-1-13.)