100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4195

 

Introduced , by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/12C-5  was 720 ILCS 5/12-21.6

    Amends the Criminal Code of 2012. Provides that endangering the life or health of a child that is a proximate cause of bodily harm to the child is a Class 4 felony (rather than a Class A misdemeanor).


LRB100 15651 RLC 30752 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4195LRB100 15651 RLC 30752 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 12C-5 as follows:
 
6    (720 ILCS 5/12C-5)   (was 720 ILCS 5/12-21.6)
7    Sec. 12C-5. Endangering the life or health of a child.
8    (a) A person commits endangering the life or health of a
9child when he or she knowingly: (1) causes or permits the life
10or health of a child under the age of 18 to be endangered; or
11(2) causes or permits a child to be placed in circumstances
12that endanger the child's life or health. It is not a violation
13of this Section for a person to relinquish a child in
14accordance with the Abandoned Newborn Infant Protection Act.
15    (b) A trier of fact may infer that a child 6 years of age or
16younger is unattended if that child is left in a motor vehicle
17for more than 10 minutes.
18    (c) "Unattended" means either: (i) not accompanied by a
19person 14 years of age or older; or (ii) if accompanied by a
20person 14 years of age or older, out of sight of that person.
21    (d) Sentence. A violation of this Section is a Class A
22misdemeanor. A second or subsequent violation of this Section
23is a Class 3 felony. A violation of this Section that is a

 

 

HB4195- 2 -LRB100 15651 RLC 30752 b

1proximate cause of bodily harm to the child is a Class 4
2felony. A violation of this Section that is a proximate cause
3of the death of the child is a Class 3 felony for which a
4person, if sentenced to a term of imprisonment, shall be
5sentenced to a term of not less than 2 years and not more than
610 years. A parent, who is found to be in violation of this
7Section with respect to his or her child, may be sentenced to
8probation for this offense pursuant to Section 12C-15.
9(Source: P.A. 97-1109, eff. 1-1-13.)