Full Text of SB1834 103rd General Assembly
SB1834eng 103RD GENERAL ASSEMBLY |
| | SB1834 Engrossed | | LRB103 06072 RLC 51103 b |
|
| 1 | | AN ACT concerning minors.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Legislative findings. The General Assembly | 5 | | finds that: | 6 | | (1) There has been a longstanding misinterpretation of | 7 | | Illinois law regarding when and under what conditions children | 8 | | left home alone may be considered to be neglected pursuant to | 9 | | the Juvenile Court Act of 1987 and regarding the conditions | 10 | | under which parents and guardians may be charged criminally | 11 | | with abandonment. | 12 | | (2) Illinois law has been widely misinterpreted as stating | 13 | | that children cannot be left home alone, under any | 14 | | circumstances, unless the children are at least 14 years old. | 15 | | This interpretation is inaccurate. | 16 | | (3) Whether a child is sufficiently mature to be safely | 17 | | left home alone varies based on the circumstances and many | 18 | | factors, including, but not limited to, the age of the child, | 19 | | the child's individual developmental capacity, the length of | 20 | | time the child will be alone, and the safety conditions of the | 21 | | home. | 22 | | Section 5. The Juvenile Court Act of 1987 is amended by | 23 | | changing Section 2-3 as follows: |
| | | SB1834 Engrossed | - 2 - | LRB103 06072 RLC 51103 b |
|
| 1 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | 2 | | Sec. 2-3. Neglected or abused minor. | 3 | | (1) Those who are neglected include any minor under 18 | 4 | | years of age or a minor 18 years
of age or older for whom the | 5 | | court has made a finding of
probable cause to believe that the | 6 | | minor is abused,
neglected, or dependent under subsection (1) | 7 | | of Section
2-10 prior to the minor's 18th birthday : | 8 | | (a) any minor under 18 years of age or a minor 18 years | 9 | | of age or older for whom the court has made a finding of | 10 | | probable cause to believe that the minor is abused, | 11 | | neglected, or dependent under subsection (1) of Section | 12 | | 2-10 prior to the minor's 18th birthday who is not | 13 | | receiving
the proper or necessary support, education as
| 14 | | required by law, or medical or other remedial care | 15 | | recognized under
State law as necessary for a minor's | 16 | | well-being, or other care necessary
for his or her | 17 | | well-being, including adequate food, clothing and shelter,
| 18 | | or who is abandoned by his or her parent or parents or | 19 | | other person or persons responsible for
the minor's | 20 | | welfare, except that a minor shall not be considered | 21 | | neglected
for the sole reason that the minor's parent or | 22 | | parents or other person or persons responsible for the
| 23 | | minor's welfare have left the minor in the care of an adult | 24 | | relative for any
period of time, who the parent or parents | 25 | | or other person responsible for the minor's welfare know |
| | | SB1834 Engrossed | - 3 - | LRB103 06072 RLC 51103 b |
|
| 1 | | is both a mentally capable adult relative and physically | 2 | | capable adult relative, as defined by this Act; or | 3 | | (b) any minor under 18 years of age or a minor 18 years | 4 | | of age or older for whom the court has made a finding of | 5 | | probable cause to believe that the minor is abused, | 6 | | neglected, or dependent under subsection (1) of Section | 7 | | 2-10 prior to the minor's 18th birthday whose environment | 8 | | is injurious
to his or her welfare; or | 9 | | (c) any newborn infant whose blood, urine, or meconium
| 10 | | contains any amount of a
controlled substance as defined | 11 | | in subsection (f) of Section 102 of the
Illinois | 12 | | Controlled Substances Act, as now or hereafter amended, or | 13 | | a
metabolite of a controlled substance, with the exception | 14 | | of controlled
substances or metabolites of such | 15 | | substances, the presence of which in the
newborn infant is | 16 | | the result of medical treatment administered to the
mother | 17 | | or the newborn infant; or | 18 | | (d) any minor under the age of 14 years whose parent or | 19 | | other person
responsible for the minor's welfare leaves | 20 | | the minor without
supervision for an unreasonable period | 21 | | of time without regard for the mental or
physical health, | 22 | | safety, or welfare of that minor . Whether the minor was | 23 | | left without regard for the mental or physical health,
| 24 | | safety, or welfare of that minor or the period of time was | 25 | | unreasonable shall
be determined by considering the | 26 | | following factors, including, but not limited
to: |
| | | SB1834 Engrossed | - 4 - | LRB103 06072 RLC 51103 b |
|
| 1 | | (1) the age of the minor; | 2 | | (2) the number of minors left at the location; ; or | 3 | | (3) special needs of the minor, including whether | 4 | | the minor is a person with a physical or mental | 5 | | disability, or otherwise in need of ongoing prescribed | 6 | | medical
treatment such as periodic doses of insulin or | 7 | | other medications; | 8 | | (4) the duration of time in which the minor was | 9 | | left without supervision; | 10 | | (5) the condition and location of the place where | 11 | | the minor was left
without supervision; | 12 | | (6) the time of day or night when the minor was | 13 | | left without supervision; | 14 | | (7) the weather conditions, including whether the | 15 | | minor was left in a
location with adequate protection | 16 | | from the natural elements such as adequate
heat or | 17 | | light; | 18 | | (8) the location of the parent or guardian at the | 19 | | time the minor was left
without supervision, the | 20 | | physical distance the minor was from the parent or
| 21 | | guardian at the time the minor was without | 22 | | supervision; | 23 | | (9) whether the minor's movement was restricted, | 24 | | or the minor was
otherwise locked within a room or | 25 | | other structure; | 26 | | (10) whether the minor was given a phone number of |
| | | SB1834 Engrossed | - 5 - | LRB103 06072 RLC 51103 b |
|
| 1 | | a person or location to
call in the event of an | 2 | | emergency and whether the minor was capable of making
| 3 | | an emergency call; | 4 | | (11) whether there was food and other provision | 5 | | left for the minor; | 6 | | (12) whether any of the conduct is attributable to | 7 | | economic hardship or
illness and the parent, guardian | 8 | | or other person having physical custody or
control of | 9 | | the child made a good faith effort to provide for the | 10 | | health and
safety of the minor; | 11 | | (13) the age and physical and mental capabilities | 12 | | of the person or persons
who provided supervision for | 13 | | the minor; | 14 | | (14) whether the minor was left under the | 15 | | supervision of another person; | 16 | | (15) any other factor that would endanger the | 17 | | health and safety of that
particular minor; or | 18 | | (e) any minor who has been provided with interim | 19 | | crisis intervention
services under Section 3-5 of this Act | 20 | | and whose parent, guardian, or custodian
refuses to permit | 21 | | the minor to return home unless the minor is an immediate | 22 | | physical danger to himself, herself, or others living in | 23 | | the home.
| 24 | | Whether the minor was left without regard for the mental | 25 | | or physical health,
safety, or welfare of that minor or the | 26 | | period of time was unreasonable shall
be determined by |
| | | SB1834 Engrossed | - 6 - | LRB103 06072 RLC 51103 b |
|
| 1 | | considering the following factors, including but not limited
| 2 | | to: | 3 | | (1) the age of the minor; | 4 | | (2) the number of minors left at the location; | 5 | | (3) special needs of the minor, including whether the | 6 | | minor is a person with a physical or mental disability, or | 7 | | otherwise in need of ongoing prescribed medical
treatment | 8 | | such as periodic doses of insulin or other medications; | 9 | | (4) the duration of time in which the minor was left | 10 | | without supervision; | 11 | | (5) the condition and location of the place where the | 12 | | minor was left
without supervision; | 13 | | (6) the time of day or night when the minor was left | 14 | | without supervision; | 15 | | (7) the weather conditions, including whether the | 16 | | minor was left in a
location with adequate protection from | 17 | | the natural elements such as adequate
heat or light; | 18 | | (8) the location of the parent or guardian at the time | 19 | | the minor was left
without supervision, the physical | 20 | | distance the minor was from the parent or
guardian at the | 21 | | time the minor was without supervision; | 22 | | (9) whether the minor's movement was restricted, or | 23 | | the minor was
otherwise locked within a room or other | 24 | | structure; | 25 | | (10) whether the minor was given a phone number of a | 26 | | person or location to
call in the event of an emergency and |
| | | SB1834 Engrossed | - 7 - | LRB103 06072 RLC 51103 b |
|
| 1 | | whether the minor was capable of making
an emergency call; | 2 | | (11) whether there was food and other provision left | 3 | | for the minor; | 4 | | (12) whether any of the conduct is attributable to | 5 | | economic hardship or
illness and the parent, guardian or | 6 | | other person having physical custody or
control of the | 7 | | child made a good faith effort to provide for the health | 8 | | and
safety of the minor; | 9 | | (13) the age and physical and mental capabilities of | 10 | | the person or persons
who provided supervision for the | 11 | | minor; | 12 | | (14) whether the minor was left under the supervision | 13 | | of another person; | 14 | | (15) any other factor that would endanger the health | 15 | | and safety of that
particular minor. | 16 | | A minor shall not be considered neglected for the sole | 17 | | reason that the
minor has been relinquished in accordance with | 18 | | the Abandoned Newborn Infant
Protection Act. | 19 | | (1.5) A minor shall not be considered neglected for the | 20 | | sole reason that the minor's parent or
other person | 21 | | responsible for the minor's welfare permits the minor to | 22 | | engage in independent activities
unless the minor was | 23 | | permitted to engage in independent activities under | 24 | | circumstances presenting
unreasonable risk of harm to the | 25 | | minor's mental or physical health, safety, or well-being. | 26 | | "Independent
activities" includes, but is not limited to: |
| | | SB1834 Engrossed | - 8 - | LRB103 06072 RLC 51103 b |
|
| 1 | | (a) traveling to and from school including by walking, | 2 | | running, or bicycling; | 3 | | (b) traveling to and from nearby commercial or | 4 | | recreational facilities; | 5 | | (c) engaging in outdoor play; | 6 | | (d) remaining in a vehicle unattended, except as | 7 | | otherwise provided by law; | 8 | | (e) remaining at home or at a similarly appropriate | 9 | | location unattended; or | 10 | | (f) engaging in a similar independent activity alone | 11 | | or with other children. | 12 | | In determining whether an independent activity presented | 13 | | unreasonable risk of harm, the court
shall consider: | 14 | | (1) whether the activity is accepted as suitable for | 15 | | minors of the same age,
maturity level, and developmental | 16 | | capacity as the involved minor; | 17 | | (2) the factors listed in items (1)
through (15) of | 18 | | paragraph (d) of subsection (1); and | 19 | | (3) any other factor the court deems relevant. | 20 | | (2) Those who are abused include any minor under 18 years | 21 | | of age or a minor 18 years of age or older for whom the court | 22 | | has made a finding of probable cause to believe that the minor | 23 | | is abused, neglected, or dependent under subsection (1) of | 24 | | Section 2-10 prior to the minor's 18th birthday whose
parent | 25 | | or immediate family member, or any person responsible
for the | 26 | | minor's welfare, or any person who is in the same family or |
| | | SB1834 Engrossed | - 9 - | LRB103 06072 RLC 51103 b |
|
| 1 | | household
as the minor, or any individual residing in the same | 2 | | home as the minor, or
a paramour of the minor's parent: | 3 | | (i) inflicts, causes to be inflicted, or allows to be | 4 | | inflicted upon
such minor physical injury, by other than | 5 | | accidental means, which causes death,
disfigurement, | 6 | | impairment of physical or emotional health, or loss or
| 7 | | impairment of any bodily function; | 8 | | (ii) creates a substantial risk of physical injury to | 9 | | such minor by
other than accidental means which would be | 10 | | likely to cause death,
disfigurement, impairment of | 11 | | emotional health, or loss or impairment of any
bodily | 12 | | function; | 13 | | (iii) commits or allows to be committed any sex | 14 | | offense against such
minor, as such sex offenses are | 15 | | defined in the Criminal Code of 1961 or the Criminal Code | 16 | | of 2012, or in the Wrongs to Children Act, and extending | 17 | | those definitions of sex offenses to include minors
under | 18 | | 18 years of age; | 19 | | (iv) commits or allows to be committed an act or acts | 20 | | of torture upon
such minor; | 21 | | (v) inflicts excessive corporal punishment; | 22 | | (vi) commits or allows to be committed the offense of | 23 | | involuntary servitude, involuntary sexual servitude of a | 24 | | minor, or trafficking in persons as defined in Section | 25 | | 10-9 of the Criminal Code of 1961 or the Criminal Code of | 26 | | 2012, upon such minor; or |
| | | SB1834 Engrossed | - 10 - | LRB103 06072 RLC 51103 b |
|
| 1 | | (vii) allows, encourages or requires a minor to commit | 2 | | any act of prostitution, as defined in the Criminal Code | 3 | | of 1961 or the Criminal Code of 2012, and extending those | 4 | | definitions to include minors under 18 years of age. | 5 | | A minor shall not be considered abused for the sole reason | 6 | | that the minor
has been relinquished in accordance with the | 7 | | Abandoned Newborn Infant
Protection Act. | 8 | | (3) This Section does not apply to a minor who would be | 9 | | included
herein solely for the purpose of qualifying for | 10 | | financial assistance for
himself, his parents, guardian or | 11 | | custodian. | 12 | | (4) The changes made by this amendatory Act of the 101st | 13 | | General Assembly apply to a case that is pending on or after | 14 | | the effective date of this amendatory Act of the 101st General | 15 | | Assembly. | 16 | | (Source: P.A. 101-79, eff. 7-12-19.) | 17 | | Section 10. The Criminal Code of 2012 is amended by | 18 | | changing Section 12C-10 as follows:
| 19 | | (720 ILCS 5/12C-10)
(was 720 ILCS 5/12-21.5)
| 20 | | Sec. 12C-10. Child abandonment.
| 21 | | (a) A person commits child abandonment when he or
she, as a | 22 | | parent, guardian, or other person having physical custody or | 23 | | control
of a child, without regard for the mental or physical | 24 | | health, safety, or
welfare of that child, knowingly permits a |
| | | SB1834 Engrossed | - 11 - | LRB103 06072 RLC 51103 b |
|
| 1 | | child to engage in independent activities that
were | 2 | | unreasonable under the circumstances or for an unreasonable | 3 | | period of time without regard for
the minor's mental or | 4 | | physical health, safety, or well-being. For the purposes of | 5 | | this Section, no specific
age shall be determinative of | 6 | | reasonableness. Reasonableness shall be determined by the | 7 | | maturity of each
individual child leaves that child who is | 8 | | under the age of 13
without supervision by a responsible | 9 | | person over the age of 14 for a period of
24 hours or more . It | 10 | | is not a violation of this Section for a person to relinquish a | 11 | | child in accordance with the
Abandoned Newborn Infant | 12 | | Protection Act.
| 13 | | (b) For the purposes of determining whether the child was | 14 | | left without
regard for the mental or physical health, safety, | 15 | | or welfare of that child, the
trier of fact shall consider the | 16 | | following factors:
| 17 | | (1) the age of the child;
| 18 | | (2) the number of children left at the location;
| 19 | | (3) special needs of the child, including whether the | 20 | | child is a person with a physical or mental disability, or | 21 | | otherwise in need of ongoing prescribed medical
treatment | 22 | | such as periodic doses of insulin or other medications;
| 23 | | (4) the duration of time in which the child was left | 24 | | without supervision;
| 25 | | (5) the condition and location of the place where the | 26 | | child was left
without supervision;
|
| | | SB1834 Engrossed | - 12 - | LRB103 06072 RLC 51103 b |
|
| 1 | | (6) the time of day or night when the child was left | 2 | | without supervision;
| 3 | | (7) the weather conditions, including whether the | 4 | | child was left in a
location with adequate protection from | 5 | | the natural elements such as adequate
heat or light;
| 6 | | (8) the location of the parent, guardian, or other | 7 | | person having physical
custody or control of the child at | 8 | | the time the child was left without
supervision, the | 9 | | physical distance the child was from the parent, guardian, | 10 | | or
other person having physical custody or control of the | 11 | | child at the time the
child was without supervision;
| 12 | | (9) whether the child's movement was restricted, or | 13 | | the child was
otherwise locked within a room or other | 14 | | structure;
| 15 | | (10) whether the child was given a phone number of a | 16 | | person
or location to call in the event of an emergency and | 17 | | whether the child was
capable of making an emergency call;
| 18 | | (11) whether there was food and other provision left | 19 | | for the child;
| 20 | | (12) whether any of the conduct is attributable to | 21 | | economic hardship or
illness and the parent, guardian or | 22 | | other person having physical custody or
control of the | 23 | | child made a good faith effort to provide for the health | 24 | | and
safety of the child;
| 25 | | (13) the age and physical and mental capabilities of | 26 | | the person or persons
who provided supervision for the |
| | | SB1834 Engrossed | - 13 - | LRB103 06072 RLC 51103 b |
|
| 1 | | child;
| 2 | | (14) any other factor that would endanger the health | 3 | | or safety of that
particular child;
| 4 | | (15) whether the child was left under the supervision | 5 | | of another person.
| 6 | | (c) Child abandonment is a Class 4 felony. A second or | 7 | | subsequent offense
after a prior conviction is a Class 3 | 8 | | felony. A parent, who is found to be in violation of this | 9 | | Section with respect to his or her child, may be sentenced to | 10 | | probation for this offense pursuant to Section 12C-15.
| 11 | | (Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law. | | | | SB1834 Engrossed | - 14 - | LRB103 06072 RLC 51103 b |
|
| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 705 ILCS 405/2-3 | from Ch. 37, par. 802-3 | | 4 | | 720 ILCS 5/12C-10 | was 720 ILCS 5/12-21.5 |
| |
|