102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1926
 
Introduced 2/26/2021, by Sen. Rachelle Crowe
 
SYNOPSIS AS INTRODUCED:
 

 
  
720 ILCS 5/12C-5  was 720 ILCS 5/12-21.6

     Amends the Criminal Code of 2012. Provides that a person commits aggravated endangering the life or health of a child when he or she knowingly and willfully deprives a child under the age of 18 of necessary food, shelter, health care, or supervision appropriate to the age of the child, when the person is reasonably able to make the necessary provisions and which deprivation substantially harms the child's physical, mental, or emotional health. Provides a religious exception. Provides that this exception does not in any manner restrict the right of an interested party to petition the court on behalf of the best interest of the child. Provides that a violation is a Class 4 felony. 
  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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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 
5changing Section 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    (a-5) A person commits aggravated endangering the life or 
16health of a child when he or she knowingly and willfully 
17deprives a child under the age of 18 of necessary food, 
18shelter, health care, or supervision appropriate to the age of 
19the child, when the person is reasonably able to make the 
20necessary provisions and which deprivation substantially harms 
21the child's physical, mental, or emotional health. In this 
22subsection (a-5), the failure to provide specific medical 
23treatment shall not alone be considered willful deprivation of 
 
 
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1health care if the person can show that the treatment would 
2conflict with the tenets and practice of a recognized 
3religious denomination of which the person is an adherent or 
4member. This exception does not in any manner restrict the 
5right of an interested party to petition the court on behalf of 
6the best interest of the child. 
7    (b) A trier of fact may infer that a child 6 years of age 
8or younger is unattended if that child is left in a motor

9vehicle for more than 10 minutes.

10    (c) "Unattended" means either: (i) not accompanied by a 
11person 14 years
of age or older; or (ii) if accompanied by a 
12person 14 years of age or older,
out of sight of that person.

13    (d) Sentence. A violation of subsection (a) this Section 
14is a Class A misdemeanor.  A second or
subsequent violation of 
15subsection (a) this Section is a Class 3 felony.   A violation of

16subsection (a) this Section that is a proximate cause of the 
17death of the child is a Class
3 felony for which a person, if 
18sentenced to a term of imprisonment, shall
be sentenced to a 
19term of not less than 2 years and not more than 10 years. A 
20violation of subsection (a-5) is a Class 4 felony. A parent, 
21who is found to be in violation of this Section with respect to 
22his or her child,  may be sentenced to probation for this 
23offense pursuant to Section 12C-15. 

24(Source: P.A. 97-1109, eff. 1-1-13.)