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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Criminal Code of 2012 is amended by changing | ||||||
| 5 | Section 12C-5 as follows:
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| 6 | (720 ILCS 5/12C-5)
(was 720 ILCS 5/12-21.6)
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| 7 | Sec. 12C-5. Endangering the life or health of a child.
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| 8 | (a) A person commits endangering the life or health of a | ||||||
| 9 | child when he or she knowingly: (1) causes or permits the life | ||||||
| 10 | or
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 | ||||||
| 12 | that endanger the child's life
or health. It is not a violation | ||||||
| 13 | of this Section for a person to relinquish a child
in | ||||||
| 14 | accordance with the Abandoned Newborn Infant Protection Act.
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| 15 | (a-5) A person commits aggravated endangering the life or | ||||||
| 16 | health of a child when he or she knowingly and willfully | ||||||
| 17 | deprives a child under the age of 18 of necessary food, | ||||||
| 18 | shelter, health care, or supervision appropriate to the age of | ||||||
| 19 | the child, when the person is reasonably able to make the | ||||||
| 20 | necessary provisions and which deprivation substantially harms | ||||||
| 21 | the child's physical, mental, or emotional health. In this | ||||||
| 22 | subsection (a-5), the failure to provide specific medical | ||||||
| 23 | treatment shall not alone be considered willful deprivation of | ||||||
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| 1 | health care if the person can show that the treatment would | ||||||
| 2 | conflict with the tenets and practice of a recognized religious | ||||||
| 3 | denomination of which the person is an adherent or member. This | ||||||
| 4 | exception does not in any manner restrict the right of an | ||||||
| 5 | interested party to petition the court on behalf of the best | ||||||
| 6 | interest of the child. | ||||||
| 7 | (b) A trier of fact may infer that a child 6 years of age or | ||||||
| 8 | younger is unattended if that child is left in a motor
vehicle | ||||||
| 9 | for more than 10 minutes.
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| 10 | (c) "Unattended" means either: (i) not accompanied by a | ||||||
| 11 | person 14 years
of age or older; or (ii) if accompanied by a | ||||||
| 12 | person 14 years of age or older,
out of sight of that person.
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| 13 | (d) Sentence. A violation of subsection (a) this Section is | ||||||
| 14 | a Class A misdemeanor. A second or
subsequent violation of | ||||||
| 15 | subsection (a) this Section is a Class 3 felony. A violation of
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| 16 | subsection (a) this Section that is a proximate cause of the | ||||||
| 17 | death of the child is a Class
3 felony for which a person, if | ||||||
| 18 | sentenced to a term of imprisonment, shall
be sentenced to a | ||||||
| 19 | term of not less than 2 years and not more than 10 years. A | ||||||
| 20 | violation of subsection (a-5) is a Class 4 felony. A parent, | ||||||
| 21 | who is found to be in violation of this Section with respect to | ||||||
| 22 | his or her child, may be sentenced to probation for this | ||||||
| 23 | offense pursuant to Section 12C-15.
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| 24 | (Source: P.A. 97-1109, eff. 1-1-13.)
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