Public Act 93-0340

HB2844 Enrolled                      LRB093 06699 RLC 06833 b

    AN ACT in relation to 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 adding
Sections 12-4.10 and 12-4.11 as follows:

    (720 ILCS 5/12-4.10 new)
    Sec. 12-4.10. Drug related child endangerment.
    (a)  A  person  commits the offense of drug related child
endangerment when he or she endangers the life and health  of
a child by knowingly exposing the child to a clandestine drug
laboratory  environment  by  performing  any of the following
acts:
         (1)  producing,  manufacturing,   or   preparing   a
    controlled substance; or
         (2)  producing,   manufacturing,   or  preparing  an
    ingredient   required   to   manufacture   a   controlled
    substance; or
         (3)  storing  chemicals  used  in   the   controlled
    substance  manufacturing  process in a structure to which
    the child has access; or
         (4)  storing  contaminated  apparatus  used  in  the
    controlled substance manufacturing process in a structure
    to which the child has access; or
         (5)  storing chemical waste  and  other  by-products
    created  during  the  controlled  substance manufacturing
    process in a structure to which the child has access; or
         (6)  storing any device used for  the  ingestion  of
    controlled  substances  in a structure to which the child
    has access.
    (b)  In this Section:
    "Child" means a person under the age of 18 years.
    "Structure" means any house,  apartment  building,  shop,
barn,   warehouse,  building,  vessel,  railroad  car,  cargo
container, motor vehicle, house car, trailer, trailer  coach,
camper,   mine,  floating  home,  watercraft,  any  structure
capable of holding  a  clandestine  laboratory  or  any  real
property.
    (c)  Sentence.  A  person convicted of drug related child
endangerment is guilty of a Class 2 felony.

    (720 ILCS 5/12-4.11 new)
    Sec. 12-4.11. Aggravated drug related child endangerment.
    (a)  A person commits  the  offense  of  aggravated  drug
related child endangerment when he or she:
         (1)  commits  a  violation  of  drug  related  child
    endangerment; and
         (2)  the child experiences death, great bodily harm,
    disability  or  disfigurement  as  a  result  of the drug
    related child endangerment.
    (b)  Sentence. Aggravated drug related child endangerment
is a Class X felony.

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