Bill Status of HB 4305   102nd General Assembly

Short Description:  JUV CT&CRIM CD-NEGLECTED MINOR

House Sponsors
Rep. Sue Scherer-Dave Vella-Michael J. Zalewski-Kelly M. Cassidy-Joe Sosnowski, Maurice A. West, II, Will Guzzardi, Maura Hirschauer and Anne Stava-Murray

Senate Sponsors
(Sen. Elgie R. Sims, Jr.-Dan McConchie)


Last Action  View All Actions

DateChamber Action
  1/10/2023HouseSession Sine Die

Statutes Amended In Order of Appearance
705 ILCS 405/2-3from Ch. 37, par. 802-3
720 ILCS 5/12C-10was 720 ILCS 5/12-21.5

Synopsis As Introduced
Amends the Juvenile Court Act of 1987. Provides that a neglected minor includes any minor under the age of 12 (rather than 14) years whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that neglect does not include permitting a child, whose basic needs are met and who is of sufficient age and maturity to avoid harm or unreasonable risk of harm, to engage in independent activities, including: (1) traveling to and from school, including by walking, running, or bicycling; (2) traveling to and from nearby commercial or recreational activities; (3) engaging in outdoor play; (4) remaining in a vehicle unattended, except as otherwise provided by law; (5) remaining at home unattended; or (6) engaging in a similar independent activity. Amends the Criminal Code of 2012. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 12 (rather than 13) without supervision by a responsible person over the age of 14 for a period of 24 hours or more.

House Floor Amendment No. 2
Replaces everything after the enacting clause with the provisions of the introduced bill, and makes the following changes: Changes the legislative findings. Provides that a neglected minor includes any minor (rather than a minor under 14 years) whose parent or other person responsible for the minor's welfare leaves the minor without supervision for an unreasonable period of time without regard for the mental or physical health, safety, or welfare of that minor. Provides that a minor shall not be considered neglected for the sole reason that the minor was engaged in independent activities, except if the person responsible for the minor's health, safety, or welfare willfully disregards danger that the independent activity poses to the physical or mental health of the minor under circumstances when the danger is sufficiently obvious that no reasonable person would cause or permit the minor to be unsupervised in such a situation given the minor's level of maturity, physical condition, or mental abilities. Provides that factors considered in determining if a minor's needs can be sufficiently met during an independent activity are whether the activity is generally accepted as suitable for minors of the same age or level of maturity, or are developmentally appropriate for a minor based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for the minor's age or age group. Provides that the determination for a specific minor shall also take into account the developmental stage of that minor's cognitive, emotional, and physical development and the minor's behavioral capacities. Amends the Criminal Code of 2012 to change the child abandonment statute. Provides that a person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly permits a child to engage in independent activities that were unreasonable under the circumstances or for an unreasonable period of time without regard for the minor's mental or physical health, safety or well-being. Provides that for the purposes of this provision, no specific age shall be determinative of reasonableness. Provides that reasonableness shall be determined by the maturity of each individual child (rather than leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more).

Actions 
DateChamber Action
  12/22/2021HouseFiled with the Clerk by Rep. Sue Scherer
  1/5/2022HouseFirst Reading
  1/5/2022HouseReferred to Rules Committee
  1/11/2022HouseAssigned to Judiciary - Criminal Committee
  2/14/2022HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Sue Scherer
  2/14/2022HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/15/2022HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  2/17/2022HouseDo Pass / Short Debate Judiciary - Criminal Committee; 019-000-000
  2/17/2022HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  2/18/2022HousePlaced on Calendar 2nd Reading - Short Debate
  2/18/2022HouseAdded Chief Co-Sponsor Rep. Dave Vella
  2/18/2022HouseAdded Chief Co-Sponsor Rep. Michael J. Zalewski
  2/18/2022HouseAdded Co-Sponsor Rep. Maurice A. West, II
  2/18/2022HouseAdded Co-Sponsor Rep. Will Guzzardi
  2/22/2022HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Sue Scherer
  2/22/2022HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  2/22/2022HouseSecond Reading - Short Debate
  2/22/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  2/22/2022HouseRecalled to Second Reading - Short Debate
  2/22/2022HouseHeld on Calendar Order of Second Reading - Short Debate
  2/24/2022HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  2/24/2022HouseAdded Chief Co-Sponsor Rep. Kelly M. Cassidy
  2/24/2022HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 019-000-000
  2/25/2022HouseAdded Chief Co-Sponsor Rep. Joe Sosnowski
  3/1/2022HouseHouse Floor Amendment No. 2 Adopted
  3/1/2022HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/2/2022HouseThird Reading - Short Debate - Passed 112-000-000
  3/2/2022HouseAdded Co-Sponsor Rep. Maura Hirschauer
  3/2/2022HouseAdded Co-Sponsor Rep. Anne Stava-Murray
  3/4/2022SenateArrive in Senate
  3/4/2022SenatePlaced on Calendar Order of First Reading
  3/4/2022SenateChief Senate Sponsor Sen. Dan McConchie
  3/4/2022SenateFirst Reading
  3/4/2022SenateReferred to Assignments
  3/16/2022SenateAssigned to Executive
  3/22/2022SenateAlternate Chief Sponsor Changed to Sen. Elgie R. Sims, Jr.
  3/22/2022SenateAdded as Alternate Chief Co-Sponsor Sen. Dan McConchie
  3/23/2022SenatePostponed - Executive
  3/25/2022SenateRule 3-9(a) / Re-referred to Assignments
  1/10/2023HouseSession Sine Die

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