Full Text of HB0151 102nd General Assembly
HB0151ham001 102ND GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 3/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 151
| 2 | | AMENDMENT NO. ______. Amend House Bill 151 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 2-3 as follows: | 6 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 7 | | Sec. 2-3. Neglected or abused minor. | 8 | | (1) Those who are neglected include: | 9 | | (a) any minor under 18 years of age or a minor 18 years | 10 | | of age or older for whom the court has made a finding of | 11 | | probable cause to believe that the minor is abused, | 12 | | neglected, or dependent under subsection (1) of Section | 13 | | 2-10 prior to the minor's 18th birthday who is not | 14 | | receiving
the proper or necessary support, education as
| 15 | | required by law, or medical or other remedial care | 16 | | recognized under
State law as necessary for a minor's |
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| 1 | | well-being, or other care necessary
for his or her | 2 | | well-being, including adequate food, clothing and shelter,
| 3 | | or who is abandoned by his or her parent or parents or | 4 | | other person or persons responsible for
the minor's | 5 | | welfare, except that a minor shall not be considered | 6 | | neglected
for the sole reason that the minor's parent or | 7 | | parents or other person or persons responsible for the
| 8 | | minor's welfare have left the minor in the care of an adult | 9 | | relative for any
period of time, who the parent or parents | 10 | | or other person responsible for the minor's welfare know | 11 | | is both a mentally capable adult relative and physically | 12 | | capable adult relative, as defined by this Act; or | 13 | | (b) any minor under 18 years of age or a minor 18 years | 14 | | of age or older for whom the court has made a finding of | 15 | | probable cause to believe that the minor is abused, | 16 | | neglected, or dependent under subsection (1) of Section | 17 | | 2-10 prior to the minor's 18th birthday whose environment | 18 | | is injurious
to his or her welfare; or | 19 | | (c) any newborn infant whose blood, urine, or meconium
| 20 | | contains any amount of a
controlled substance as defined | 21 | | in subsection (f) of Section 102 of the
Illinois | 22 | | Controlled Substances Act, as now or hereafter amended, or | 23 | | a
metabolite of a controlled substance, with the exception | 24 | | of controlled
substances or metabolites of such | 25 | | substances, the presence of which in the
newborn infant is | 26 | | the result of medical treatment administered to the
mother |
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| 1 | | or the newborn infant; or | 2 | | (d) any minor under the age of 12 14 years whose parent | 3 | | or other person
responsible for the minor's welfare leaves | 4 | | the minor without
supervision for an unreasonable period | 5 | | of time without regard for the mental or
physical health, | 6 | | safety, or welfare of that minor; or | 7 | | (e) any minor who has been provided with interim | 8 | | crisis intervention
services under Section 3-5 of this Act | 9 | | and whose parent, guardian, or custodian
refuses to permit | 10 | | the minor to return home unless the minor is an immediate | 11 | | physical danger to himself, herself, or others living in | 12 | | the home.
| 13 | | Whether the minor was left without regard for the | 14 | | mental or physical health,
safety, or welfare of that | 15 | | minor or the period of time was unreasonable shall
be | 16 | | determined by considering the following factors, including | 17 | | but not limited
to: | 18 | | (1) the age of the minor; | 19 | | (2) the number of minors left at the location; | 20 | | (3) special needs of the minor, including whether | 21 | | the minor is a person with a physical or mental | 22 | | disability, or otherwise in need of ongoing prescribed | 23 | | medical
treatment such as periodic doses of insulin or | 24 | | other medications; | 25 | | (4) the duration of time in which the minor was | 26 | | left without supervision; |
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| 1 | | (5) the condition and location of the place where | 2 | | the minor was left
without supervision; | 3 | | (6) the time of day or night when the minor was | 4 | | left without supervision; | 5 | | (7) the weather conditions, including whether the | 6 | | minor was left in a
location with adequate protection | 7 | | from the natural elements such as adequate
heat or | 8 | | light; | 9 | | (8) the location of the parent or guardian at the | 10 | | time the minor was left
without supervision, the | 11 | | physical distance the minor was from the parent or
| 12 | | guardian at the time the minor was without | 13 | | supervision; | 14 | | (9) whether the minor's movement was restricted, | 15 | | or the minor was
otherwise locked within a room or | 16 | | other structure; | 17 | | (10) whether the minor was given a phone number of | 18 | | a person or location to
call in the event of an | 19 | | emergency and whether the minor was capable of making
| 20 | | an emergency call; | 21 | | (11) whether there was food and other provision | 22 | | left for the minor; | 23 | | (12) whether any of the conduct is attributable to | 24 | | economic hardship or
illness and the parent, guardian | 25 | | or other person having physical custody or
control of | 26 | | the child made a good faith effort to provide for the |
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| 1 | | health and
safety of the minor; | 2 | | (13) the age and physical and mental capabilities | 3 | | of the person or persons
who provided supervision for | 4 | | the minor; | 5 | | (14) whether the minor was left under the | 6 | | supervision of another person; | 7 | | (15) any other factor that would endanger the | 8 | | health and safety of that
particular minor. | 9 | | A minor shall not be considered neglected for the sole | 10 | | reason that the
minor has been relinquished in accordance with | 11 | | the Abandoned Newborn Infant
Protection Act. | 12 | | (1.5) Neglect does not include permitting a child, whose | 13 | | basic needs are met and who is of sufficient age and maturity | 14 | | to avoid harm or unreasonable risk of harm, to engage in | 15 | | independent activities, including: | 16 | | (a) traveling to and from school, including by | 17 | | walking, running, or bicycling; | 18 | | (b) traveling to and from nearby commercial or | 19 | | recreational activities; | 20 | | (c) engaging in outdoor play; | 21 | | (d) remaining in a vehicle unattended, except as | 22 | | otherwise provided by law; | 23 | | (e) remaining at home unattended; or | 24 | | (f) engaging in a similar independent activity. | 25 | | Whether the minor's basic needs are met and the minor is of | 26 | | sufficient age and maturity level to avoid harm and |
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| 1 | | unreasonable risk of harm shall be determined by considering | 2 | | the factors (1) through (15) listed in paragraph (e) of | 3 | | subsection (1) of this Section in addition to any other | 4 | | relevant considerations. | 5 | | (2) Those who are abused include any minor under 18 years | 6 | | of age or a minor 18 years of age or older for whom the court | 7 | | has made a finding of probable cause to believe that the minor | 8 | | is abused, neglected, or dependent under subsection (1) of | 9 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 10 | | or immediate family member, or any person responsible
for the | 11 | | minor's welfare, or any person who is in the same family or | 12 | | household
as the minor, or any individual residing in the same | 13 | | home as the minor, or
a paramour of the minor's parent: | 14 | | (i) inflicts, causes to be inflicted, or allows to be | 15 | | inflicted upon
such minor physical injury, by other than | 16 | | accidental means, which causes death,
disfigurement, | 17 | | impairment of physical or emotional health, or loss or
| 18 | | impairment of any bodily function; | 19 | | (ii) creates a substantial risk of physical injury to | 20 | | such minor by
other than accidental means which would be | 21 | | likely to cause death,
disfigurement, impairment of | 22 | | emotional health, or loss or impairment of any
bodily | 23 | | function; | 24 | | (iii) commits or allows to be committed any sex | 25 | | offense against such
minor, as such sex offenses are | 26 | | defined in the Criminal Code of 1961 or the Criminal Code |
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| 1 | | of 2012, or in the Wrongs to Children Act, and extending | 2 | | those definitions of sex offenses to include minors
under | 3 | | 18 years of age; | 4 | | (iv) commits or allows to be committed an act or acts | 5 | | of torture upon
such minor; | 6 | | (v) inflicts excessive corporal punishment; | 7 | | (vi) commits or allows to be committed the offense of | 8 | | involuntary servitude, involuntary sexual servitude of a | 9 | | minor, or trafficking in persons as defined in Section | 10 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 11 | | 2012, upon such minor; or | 12 | | (vii) allows, encourages or requires a minor to commit | 13 | | any act of prostitution, as defined in the Criminal Code | 14 | | of 1961 or the Criminal Code of 2012, and extending those | 15 | | definitions to include minors under 18 years of age. | 16 | | A minor shall not be considered abused for the sole reason | 17 | | that the minor
has been relinquished in accordance with the | 18 | | Abandoned Newborn Infant
Protection Act. | 19 | | (3) This Section does not apply to a minor who would be | 20 | | included
herein solely for the purpose of qualifying for | 21 | | financial assistance for
himself, his parents, guardian or | 22 | | custodian. | 23 | | (4) The changes made by this amendatory Act of the 101st | 24 | | General Assembly apply to a case that is pending on or after | 25 | | July 12, 2019 ( the effective date of P.A. 101-79) this | 26 | | amendatory Act of the 101st General Assembly . |
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| 1 | | (Source: P.A. 101-79, eff. 7-12-19.)
| 2 | | Section 10. The Criminal Code of 2012 is amended by | 3 | | changing Section 12C-10 as follows:
| 4 | | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| 5 | | Sec. 12C-10. Child abandonment.
| 6 | | (a) A person commits child abandonment when he or
she, as a | 7 | | parent, guardian, or other person having physical custody or | 8 | | control
of a child, without regard for the mental or physical | 9 | | health, safety, or
welfare of that child, knowingly leaves | 10 | | that child who is under the age of 12 13
without supervision by | 11 | | a responsible person over the age of 14 for a period of
24 | 12 | | hours or more. It is not a violation of this Section for a | 13 | | person to relinquish a child in accordance with the
Abandoned | 14 | | Newborn Infant Protection Act.
| 15 | | (b) For the purposes of determining whether the child was | 16 | | left without
regard for the mental or physical health, safety, | 17 | | or welfare of that child, the
trier of fact shall consider the | 18 | | following factors:
| 19 | | (1) the age of the child;
| 20 | | (2) the number of children left at the location;
| 21 | | (3) special needs of the child, including whether the | 22 | | child is a person with a physical or mental disability, or | 23 | | otherwise in need of ongoing prescribed medical
treatment | 24 | | such as periodic doses of insulin or other medications;
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| 1 | | (4) the duration of time in which the child was left | 2 | | without supervision;
| 3 | | (5) the condition and location of the place where the | 4 | | child was left
without supervision;
| 5 | | (6) the time of day or night when the child was left | 6 | | without supervision;
| 7 | | (7) the weather conditions, including whether the | 8 | | child was left in a
location with adequate protection from | 9 | | the natural elements such as adequate
heat or light;
| 10 | | (8) the location of the parent, guardian, or other | 11 | | person having physical
custody or control of the child at | 12 | | the time the child was left without
supervision, the | 13 | | physical distance the child was from the parent, guardian, | 14 | | or
other person having physical custody or control of the | 15 | | child at the time the
child was without supervision;
| 16 | | (9) whether the child's movement was restricted, or | 17 | | the child was
otherwise locked within a room or other | 18 | | structure;
| 19 | | (10) whether the child was given a phone number of a | 20 | | person
or location to call in the event of an emergency and | 21 | | whether the child was
capable of making an emergency call;
| 22 | | (11) whether there was food and other provision left | 23 | | for the child;
| 24 | | (12) whether any of the conduct is attributable to | 25 | | economic hardship or
illness and the parent, guardian or | 26 | | other person having physical custody or
control of the |
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| 1 | | child made a good faith effort to provide for the health | 2 | | and
safety of the child;
| 3 | | (13) the age and physical and mental capabilities of | 4 | | the person or persons
who provided supervision for the | 5 | | child;
| 6 | | (14) any other factor that would endanger the health | 7 | | or safety of that
particular child;
| 8 | | (15) whether the child was left under the supervision | 9 | | of another person.
| 10 | | (c) Child abandonment is a Class 4 felony. A second or | 11 | | subsequent offense
after a prior conviction is a Class 3 | 12 | | felony. A parent, who is found to be in violation of this | 13 | | Section with respect to his or her child, may be sentenced to | 14 | | probation for this offense pursuant to Section 12C-15.
| 15 | | (Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)".
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