103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1253

 

Introduced 1/31/2023, by Rep. Joe C. Sosnowski and Travis Weaver

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/2-3  from Ch. 37, par. 802-3
720 ILCS 5/12C-10  was 720 ILCS 5/12-21.5

    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. Provides that whether the minor's basic needs are met and the minor is of sufficient age and maturity level to avoid harm and unreasonable risk of harm shall be determined by considering specified factors in addition to any other relevant considerations. 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.


LRB103 05211 RJT 50227 b

 

 

A BILL FOR

 

HB1253LRB103 05211 RJT 50227 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 2-3 as follows:
 
6    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
7    Sec. 2-3. Neglected or abused minor.
8    (1) Those who are neglected include:
9        (a) any minor under 18 years of age or a minor 18 years
10    of age or older for whom the court has made a finding of
11    probable cause to believe that the minor is abused,
12    neglected, or dependent under subsection (1) of Section
13    2-10 prior to the minor's 18th birthday who is not
14    receiving the proper or necessary support, education as
15    required by law, or medical or other remedial care
16    recognized under State law as necessary for a minor's
17    well-being, or other care necessary for his or her
18    well-being, including adequate food, clothing and shelter,
19    or who is abandoned by his or her parent or parents or
20    other person or persons responsible for the minor's
21    welfare, except that a minor shall not be considered
22    neglected for the sole reason that the minor's parent or
23    parents or other person or persons responsible for the

 

 

HB1253- 2 -LRB103 05211 RJT 50227 b

1    minor's welfare have left the minor in the care of an adult
2    relative for any period of time, who the parent or parents
3    or other person responsible for the minor's welfare know
4    is both a mentally capable adult relative and physically
5    capable adult relative, as defined by this Act; or
6        (b) any minor under 18 years of age or a minor 18 years
7    of age or older for whom the court has made a finding of
8    probable cause to believe that the minor is abused,
9    neglected, or dependent under subsection (1) of Section
10    2-10 prior to the minor's 18th birthday whose environment
11    is injurious to his or her welfare; or
12        (c) any newborn infant whose blood, urine, or meconium
13    contains any amount of a controlled substance as defined
14    in subsection (f) of Section 102 of the Illinois
15    Controlled Substances Act, as now or hereafter amended, or
16    a metabolite of a controlled substance, with the exception
17    of controlled substances or metabolites of such
18    substances, the presence of which in the newborn infant is
19    the result of medical treatment administered to the mother
20    or the newborn infant; or
21        (d) any minor under the age of 12 14 years whose parent
22    or other person responsible for the minor's welfare leaves
23    the minor without supervision for an unreasonable period
24    of time without regard for the mental or physical health,
25    safety, or welfare of that minor; or
26        (e) any minor who has been provided with interim

 

 

HB1253- 3 -LRB103 05211 RJT 50227 b

1    crisis intervention services under Section 3-5 of this Act
2    and whose parent, guardian, or custodian refuses to permit
3    the minor to return home unless the minor is an immediate
4    physical danger to himself, herself, or others living in
5    the home.
6        Whether the minor was left without regard for the
7    mental or physical health, safety, or welfare of that
8    minor or the period of time was unreasonable shall be
9    determined by considering the following factors, including
10    but not limited to:
11            (1) the age of the minor;
12            (2) the number of minors left at the location;
13            (3) special needs of the minor, including whether
14        the minor is a person with a physical or mental
15        disability, or otherwise in need of ongoing prescribed
16        medical treatment such as periodic doses of insulin or
17        other medications;
18            (4) the duration of time in which the minor was
19        left without supervision;
20            (5) the condition and location of the place where
21        the minor was left without supervision;
22            (6) the time of day or night when the minor was
23        left without supervision;
24            (7) the weather conditions, including whether the
25        minor was left in a location with adequate protection
26        from the natural elements such as adequate heat or

 

 

HB1253- 4 -LRB103 05211 RJT 50227 b

1        light;
2            (8) the location of the parent or guardian at the
3        time the minor was left without supervision, the
4        physical distance the minor was from the parent or
5        guardian at the time the minor was without
6        supervision;
7            (9) whether the minor's movement was restricted,
8        or the minor was otherwise locked within a room or
9        other structure;
10            (10) whether the minor was given a phone number of
11        a person or location to call in the event of an
12        emergency and whether the minor was capable of making
13        an emergency call;
14            (11) whether there was food and other provision
15        left for the minor;
16            (12) whether any of the conduct is attributable to
17        economic hardship or illness and the parent, guardian
18        or other person having physical custody or control of
19        the child made a good faith effort to provide for the
20        health and safety of the minor;
21            (13) the age and physical and mental capabilities
22        of the person or persons who provided supervision for
23        the minor;
24            (14) whether the minor was left under the
25        supervision of another person;
26            (15) any other factor that would endanger the

 

 

HB1253- 5 -LRB103 05211 RJT 50227 b

1        health and safety of that particular minor.
2    A minor shall not be considered neglected for the sole
3reason that the minor has been relinquished in accordance with
4the Abandoned Newborn Infant Protection Act.
5    (1.5) Neglect does not include permitting a child, whose
6basic needs are met and who is of sufficient age and maturity
7to avoid harm or unreasonable risk of harm, to engage in
8independent activities, including:
9        (a) traveling to and from school, including by
10    walking, running, or bicycling;
11        (b) traveling to and from nearby commercial or
12    recreational activities;
13        (c) engaging in outdoor play;
14        (d) remaining in a vehicle unattended, except as
15    otherwise provided by law;
16        (e) remaining at home unattended; or
17        (f) engaging in a similar independent activity.
18    Whether the minor's basic needs are met and the minor is of
19sufficient age and maturity level to avoid harm and
20unreasonable risk of harm shall be determined by considering
21the factors (1) through (15) listed in paragraph (e) of
22subsection (1) of this Section in addition to any other
23relevant considerations.
24    (2) Those who are abused include any minor under 18 years
25of age or a minor 18 years of age or older for whom the court
26has made a finding of probable cause to believe that the minor

 

 

HB1253- 6 -LRB103 05211 RJT 50227 b

1is abused, neglected, or dependent under subsection (1) of
2Section 2-10 prior to the minor's 18th birthday whose parent
3or immediate family member, or any person responsible for the
4minor's welfare, or any person who is in the same family or
5household as the minor, or any individual residing in the same
6home as the minor, or a paramour of the minor's parent:
7        (i) inflicts, causes to be inflicted, or allows to be
8    inflicted upon such minor physical injury, by other than
9    accidental means, which causes death, disfigurement,
10    impairment of physical or emotional health, or loss or
11    impairment of any bodily function;
12        (ii) creates a substantial risk of physical injury to
13    such minor by other than accidental means which would be
14    likely to cause death, disfigurement, impairment of
15    emotional health, or loss or impairment of any bodily
16    function;
17        (iii) commits or allows to be committed any sex
18    offense against such minor, as such sex offenses are
19    defined in the Criminal Code of 1961 or the Criminal Code
20    of 2012, or in the Wrongs to Children Act, and extending
21    those definitions of sex offenses to include minors under
22    18 years of age;
23        (iv) commits or allows to be committed an act or acts
24    of torture upon such minor;
25        (v) inflicts excessive corporal punishment;
26        (vi) commits or allows to be committed the offense of

 

 

HB1253- 7 -LRB103 05211 RJT 50227 b

1    involuntary servitude, involuntary sexual servitude of a
2    minor, or trafficking in persons as defined in Section
3    10-9 of the Criminal Code of 1961 or the Criminal Code of
4    2012, upon such minor; or
5        (vii) allows, encourages or requires a minor to commit
6    any act of prostitution, as defined in the Criminal Code
7    of 1961 or the Criminal Code of 2012, and extending those
8    definitions to include minors under 18 years of age.
9    A minor shall not be considered abused for the sole reason
10that the minor has been relinquished in accordance with the
11Abandoned Newborn Infant Protection Act.
12    (3) This Section does not apply to a minor who would be
13included herein solely for the purpose of qualifying for
14financial assistance for himself, his parents, guardian or
15custodian.
16    (4) The changes made by Public Act 101-79 this amendatory
17Act of the 101st General Assembly apply to a case that is
18pending on or after July 12, 2019 (the effective date of Public
19Act 101-79) this amendatory Act of the 101st General Assembly.
20(Source: P.A. 101-79, eff. 7-12-19.)
 
21    Section 10. The Criminal Code of 2012 is amended by
22changing Section 12C-10 as follows:
 
23    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
24    Sec. 12C-10. Child abandonment.

 

 

HB1253- 8 -LRB103 05211 RJT 50227 b

1    (a) A person commits child abandonment when he or she, as a
2parent, guardian, or other person having physical custody or
3control of a child, without regard for the mental or physical
4health, safety, or welfare of that child, knowingly leaves
5that child who is under the age of 12 13 without supervision by
6a responsible person over the age of 14 for a period of 24
7hours or more. It is not a violation of this Section for a
8person to relinquish a child in accordance with the Abandoned
9Newborn Infant Protection Act.
10    (b) For the purposes of determining whether the child was
11left without regard for the mental or physical health, safety,
12or welfare of that child, the trier of fact shall consider the
13following factors:
14        (1) the age of the child;
15        (2) the number of children left at the location;
16        (3) special needs of the child, including whether the
17    child is a person with a physical or mental disability, or
18    otherwise in need of ongoing prescribed medical treatment
19    such as periodic doses of insulin or other medications;
20        (4) the duration of time in which the child was left
21    without supervision;
22        (5) the condition and location of the place where the
23    child was left without supervision;
24        (6) the time of day or night when the child was left
25    without supervision;
26        (7) the weather conditions, including whether the

 

 

HB1253- 9 -LRB103 05211 RJT 50227 b

1    child was left in a location with adequate protection from
2    the natural elements such as adequate heat or light;
3        (8) the location of the parent, guardian, or other
4    person having physical custody or control of the child at
5    the time the child was left without supervision, the
6    physical distance the child was from the parent, guardian,
7    or other person having physical custody or control of the
8    child at the time the child was without supervision;
9        (9) whether the child's movement was restricted, or
10    the child was otherwise locked within a room or other
11    structure;
12        (10) whether the child was given a phone number of a
13    person or location to call in the event of an emergency and
14    whether the child was capable of making an emergency call;
15        (11) whether there was food and other provision left
16    for the child;
17        (12) whether any of the conduct is attributable to
18    economic hardship or illness and the parent, guardian or
19    other person having physical custody or control of the
20    child made a good faith effort to provide for the health
21    and safety of the child;
22        (13) the age and physical and mental capabilities of
23    the person or persons who provided supervision for the
24    child;
25        (14) any other factor that would endanger the health
26    or safety of that particular child;

 

 

HB1253- 10 -LRB103 05211 RJT 50227 b

1        (15) whether the child was left under the supervision
2    of another person.
3    (c) Child abandonment is a Class 4 felony. A second or
4subsequent offense after a prior conviction is a Class 3
5felony. A parent, who is found to be in violation of this
6Section with respect to his or her child, may be sentenced to
7probation for this offense pursuant to Section 12C-15.
8(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)