Illinois General Assembly - Full Text of HB4305
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Full Text of HB4305  102nd General Assembly

HB4305 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4305

 

Introduced 1/5/2022, by Rep. Sue Scherer

 

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. 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.


LRB102 22342 RLC 31479 b

 

 

A BILL FOR

 

HB4305LRB102 22342 RLC 31479 b

1    AN ACT concerning minors.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Legislative findings.
5    (a) The General Assembly finds that:
6        (1) The number of latchkey kids is growing
7    significantly due to 2 income parents and single parents
8    and guardians.
9        (2) Of the states with laws governing the minimum age
10    at which a child may be left alone, Illinois' age of 14 is
11    higher than other states.
12        (3) Some states permit children as young as 10 years
13    of age to be left unsupervised.
14    (b) It is the intent of the General Assembly to lower from
1514 years of age to 12 years of age the minimum age at which a
16child may be left unsupervised without the parent being liable
17for child neglect and from 13 years of age to 12 years of age
18without the parents being liable for child abandonment.
 
19    Section 5. The Juvenile Court Act of 1987 is amended by
20changing Section 2-3 as follows:
 
21    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
22    Sec. 2-3. Neglected or abused minor.

 

 

HB4305- 2 -LRB102 22342 RLC 31479 b

1    (1) Those who are neglected include:
2        (a) any minor under 18 years of age or a minor 18 years
3    of age or older for whom the court has made a finding of
4    probable cause to believe that the minor is abused,
5    neglected, or dependent under subsection (1) of Section
6    2-10 prior to the minor's 18th birthday who is not
7    receiving the proper or necessary support, education as
8    required by law, or medical or other remedial care
9    recognized under State law as necessary for a minor's
10    well-being, or other care necessary for his or her
11    well-being, including adequate food, clothing and shelter,
12    or who is abandoned by his or her parent or parents or
13    other person or persons responsible for the minor's
14    welfare, except that a minor shall not be considered
15    neglected for the sole reason that the minor's parent or
16    parents or other person or persons responsible for the
17    minor's welfare have left the minor in the care of an adult
18    relative for any period of time, who the parent or parents
19    or other person responsible for the minor's welfare know
20    is both a mentally capable adult relative and physically
21    capable adult relative, as defined by this Act; or
22        (b) any minor under 18 years of age or a minor 18 years
23    of age or older for whom the court has made a finding of
24    probable cause to believe that the minor is abused,
25    neglected, or dependent under subsection (1) of Section
26    2-10 prior to the minor's 18th birthday whose environment

 

 

HB4305- 3 -LRB102 22342 RLC 31479 b

1    is injurious to his or her welfare; or
2        (c) any newborn infant whose blood, urine, or meconium
3    contains any amount of a controlled substance as defined
4    in subsection (f) of Section 102 of the Illinois
5    Controlled Substances Act, as now or hereafter amended, or
6    a metabolite of a controlled substance, with the exception
7    of controlled substances or metabolites of such
8    substances, the presence of which in the newborn infant is
9    the result of medical treatment administered to the mother
10    or the newborn infant; or
11        (d) any minor under the age of 12 14 years whose parent
12    or other person responsible for the minor's welfare leaves
13    the minor without supervision for an unreasonable period
14    of time without regard for the mental or physical health,
15    safety, or welfare of that minor; or
16        (e) any minor who has been provided with interim
17    crisis intervention services under Section 3-5 of this Act
18    and whose parent, guardian, or custodian refuses to permit
19    the minor to return home unless the minor is an immediate
20    physical danger to himself, herself, or others living in
21    the home.
22    Whether the minor was left without regard for the mental
23or physical health, safety, or welfare of that minor or the
24period of time was unreasonable shall be determined by
25considering the following factors, including but not limited
26to:

 

 

HB4305- 4 -LRB102 22342 RLC 31479 b

1        (1) the age of the minor;
2        (2) the number of minors left at the location;
3        (3) special needs of the minor, including whether the
4    minor is a person with a physical or mental disability, or
5    otherwise in need of ongoing prescribed medical treatment
6    such as periodic doses of insulin or other medications;
7        (4) the duration of time in which the minor was left
8    without supervision;
9        (5) the condition and location of the place where the
10    minor was left without supervision;
11        (6) the time of day or night when the minor was left
12    without supervision;
13        (7) the weather conditions, including whether the
14    minor was left in a location with adequate protection from
15    the natural elements such as adequate heat or light;
16        (8) the location of the parent or guardian at the time
17    the minor was left without supervision, the physical
18    distance the minor was from the parent or guardian at the
19    time the minor was without supervision;
20        (9) whether the minor's movement was restricted, or
21    the minor was otherwise locked within a room or other
22    structure;
23        (10) whether the minor was given a phone number of a
24    person or location to call in the event of an emergency and
25    whether the minor was capable of making an emergency call;
26        (11) whether there was food and other provision left

 

 

HB4305- 5 -LRB102 22342 RLC 31479 b

1    for the minor;
2        (12) whether any of the conduct is attributable to
3    economic hardship or illness and the parent, guardian or
4    other person having physical custody or control of the
5    child made a good faith effort to provide for the health
6    and safety of the minor;
7        (13) the age and physical and mental capabilities of
8    the person or persons who provided supervision for the
9    minor;
10        (14) whether the minor was left under the supervision
11    of another person;
12        (15) any other factor that would endanger the health
13    and safety of that particular minor.
14    A minor shall not be considered neglected for the sole
15reason that the minor has been relinquished in accordance with
16the Abandoned Newborn Infant Protection Act.
17    (1.5) Neglect does not include permitting a child, whose
18basic needs are met and who is of sufficient age and maturity
19to avoid harm or unreasonable risk of harm, to engage in
20independent activities, including:
21        (a) traveling to and from school, including by
22    walking, running, or bicycling;
23        (b) traveling to and from nearby commercial or
24    recreational activities;
25        (c) engaging in outdoor play;
26        (d) remaining in a vehicle unattended, except as

 

 

HB4305- 6 -LRB102 22342 RLC 31479 b

1    otherwise provided by law;
2        (e) remaining at home unattended; or
3        (f) engaging in a similar independent activity.
4    (2) Those who are abused include any minor under 18 years
5of age or a minor 18 years of age or older for whom the court
6has made a finding of probable cause to believe that the minor
7is abused, neglected, or dependent under subsection (1) of
8Section 2-10 prior to the minor's 18th birthday whose parent
9or immediate family member, or any person responsible for the
10minor's welfare, or any person who is in the same family or
11household as the minor, or any individual residing in the same
12home as the minor, or a paramour of the minor's parent:
13        (i) inflicts, causes to be inflicted, or allows to be
14    inflicted upon such minor physical injury, by other than
15    accidental means, which causes death, disfigurement,
16    impairment of physical or emotional health, or loss or
17    impairment of any bodily function;
18        (ii) creates a substantial risk of physical injury to
19    such minor by other than accidental means which would be
20    likely to cause death, disfigurement, impairment of
21    emotional health, or loss or impairment of any bodily
22    function;
23        (iii) commits or allows to be committed any sex
24    offense against such minor, as such sex offenses are
25    defined in the Criminal Code of 1961 or the Criminal Code
26    of 2012, or in the Wrongs to Children Act, and extending

 

 

HB4305- 7 -LRB102 22342 RLC 31479 b

1    those definitions of sex offenses to include minors under
2    18 years of age;
3        (iv) commits or allows to be committed an act or acts
4    of torture upon such minor;
5        (v) inflicts excessive corporal punishment;
6        (vi) commits or allows to be committed the offense of
7    involuntary servitude, involuntary sexual servitude of a
8    minor, or trafficking in persons as defined in Section
9    10-9 of the Criminal Code of 1961 or the Criminal Code of
10    2012, upon such minor; or
11        (vii) allows, encourages or requires a minor to commit
12    any act of prostitution, as defined in the Criminal Code
13    of 1961 or the Criminal Code of 2012, and extending those
14    definitions to include minors under 18 years of age.
15    A minor shall not be considered abused for the sole reason
16that the minor has been relinquished in accordance with the
17Abandoned Newborn Infant Protection Act.
18    (3) This Section does not apply to a minor who would be
19included herein solely for the purpose of qualifying for
20financial assistance for himself, his parents, guardian or
21custodian.
22    (4) The changes made by this amendatory Act of the 101st
23General Assembly apply to a case that is pending on or after
24the effective date of this amendatory Act of the 101st General
25Assembly.
26(Source: P.A. 101-79, eff. 7-12-19.)
 

 

 

HB4305- 8 -LRB102 22342 RLC 31479 b

1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 12C-10 as follows:
 
3    (720 ILCS 5/12C-10)   (was 720 ILCS 5/12-21.5)
4    Sec. 12C-10. Child abandonment.
5    (a) A person commits child abandonment when he or she, as a
6parent, guardian, or other person having physical custody or
7control of a child, without regard for the mental or physical
8health, safety, or welfare of that child, knowingly leaves
9that child who is under the age of 12 13 without supervision by
10a responsible person over the age of 14 for a period of 24
11hours or more. It is not a violation of this Section for a
12person to relinquish a child in accordance with the Abandoned
13Newborn Infant Protection Act.
14    (b) For the purposes of determining whether the child was
15left without regard for the mental or physical health, safety,
16or welfare of that child, the trier of fact shall consider the
17following factors:
18        (1) the age of the child;
19        (2) the number of children left at the location;
20        (3) special needs of the child, including whether the
21    child is a person with a physical or mental disability, or
22    otherwise in need of ongoing prescribed medical treatment
23    such as periodic doses of insulin or other medications;
24        (4) the duration of time in which the child was left

 

 

HB4305- 9 -LRB102 22342 RLC 31479 b

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

 

 

HB4305- 10 -LRB102 22342 RLC 31479 b

1    and safety of the child;
2        (13) the age and physical and mental capabilities of
3    the person or persons who provided supervision for the
4    child;
5        (14) any other factor that would endanger the health
6    or safety of that particular child;
7        (15) whether the child was left under the supervision
8    of another person.
9    (c) Child abandonment is a Class 4 felony. A second or
10subsequent offense after a prior conviction is a Class 3
11felony. A parent, who is found to be in violation of this
12Section with respect to his or her child, may be sentenced to
13probation for this offense pursuant to Section 12C-15.
14(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)