Illinois General Assembly - Full Text of SB1926
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Full Text of SB1926  102nd General Assembly

SB1926 102ND GENERAL ASSEMBLY

  
  

 


 
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.


LRB102 15343 KMF 20702 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1926LRB102 15343 KMF 20702 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
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

 

 

SB1926- 2 -LRB102 15343 KMF 20702 b

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.)