98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1618
 
Introduced 2/13/2013, by Sen. Ira I. Silverstein
 
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 also commits endangering the life or health of a child if the person witnesses and fails to notify law
enforcement within 24 hours after witnessing the offense that a child under the age of 18  is the victim of an offense classified as a
Class A misdemeanor or higher. Establishes penalties.  Provides that the statute of limitations for the offense is the same as the statute of limitations
for the offense committed against the child under the age of 18 that the
offender failed to report.  Effective immediately.
  


LRB098 08507 RLC 38618 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
SB1618LRB098 08507 RLC 38618 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    (a-5)  A person commits endangering the life or health of a 
16child if the person witnesses and fails to notify law

17enforcement within 24 hours after witnessing the offense that a 
18child under the age of 18  is the victim of an offense 
19classified as a
Class A misdemeanor or higher. 
20    (b) A trier of fact may infer that a child 6 years of age or 
21younger is unattended if that child is left in a motor
vehicle 
22for more than 10 minutes.

23    (c) "Unattended" means either: (i) not accompanied by a 
 
 
SB1618- 2 -LRB098 08507 RLC 38618 b

1person 14 years
of age or older; or (ii) if accompanied by a 
2person 14 years of age or older,
out of sight of that person.

3    (d) Sentence.
4        (1) A violation of subsection (a) of this Section is a 
5    Class A misdemeanor.  A second or
subsequent violation of 
6    subsection (a) of this Section is a Class 3 felony.  A 
7    violation of
subsection (a) of this Section that is a 
8    proximate cause of the death of the child is a Class
3 
9    felony for which a person, if sentenced to a term of 
10    imprisonment, shall
be sentenced to a term of not less than 
11    2 years and not more than 10 years. A parent, who is found 
12    to be in violation of subsection (a) of this Section with 
13    respect to his or her child,  may be sentenced to probation 
14    for this offense pursuant to Section 12C-15. 
15        (2) The penalties for a  violation of subsection (a-5) 
16    of this Section are as follows:
17            (A)  If the conduct observed constitutes a Class 2 
18        felony or higher the penalty shall be the same as the

19        penalty for the conduct observed.
20            (B)  An offense under subsection (a-5) of this 
21        Section is a
Class 3 felony in all other cases. 

22    (e)  The statute of limitations for an offense under 
23subsection (a-5) is the same as the statute of limitations
for 
24the offense committed against the child under the age of 18 
25that the
offender failed to report. 
26(Source: P.A. 97-1109, eff. 1-1-13.)

 
 
 
 
SB1618- 3 -LRB098 08507 RLC 38618 b

1    Section 99. Effective date. This Act takes effect upon 
2becoming law.