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92_HB5623
LRB9214786RCcd
1 AN ACT in relation to criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 1961 is amended by
5 changing Section 12-21.6 as follows:
6 (720 ILCS 5/12-21.6)
7 (Text of Section before amendment by P.A. 92-515)
8 Sec. 12-21.6. Endangering the life or health of a child.
9 (a) It is unlawful for a any person to willfully cause
10 or permit the life or health of a child under the age of 18
11 to be endangered or to willfully cause or permit a child to
12 be placed in circumstances that endanger the child's life or
13 health, except that it is not unlawful for a person to
14 relinquish a child in accordance with the Abandoned Newborn
15 Infant Protection Act.
16 (b) A violation of this Section is a Class A
17 misdemeanor. A second or subsequent violation of this
18 Section is a Class 3 felony. A violation of this Section
19 that is a proximate cause of the death of the child is a
20 Class 3 felony for which a person, if sentenced to a term of
21 imprisonment, shall be sentenced to a term of not less than 2
22 years and not more than 10 years.
23 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01.)
24 (Text of Section after amendment by P.A. 92-515)
25 Sec. 12-21.6. Endangering the life or health of a child.
26 (a) It is unlawful for a any person to willfully cause
27 or permit the life or health of a child under the age of 18
28 to be endangered or to willfully cause or permit a child to
29 be placed in circumstances that endanger the child's life or
30 health, except that it is not unlawful for a person to
31 relinquish a child in accordance with the Abandoned Newborn
-2- LRB9214786RCcd
1 Infant Protection Act.
2 (b) There is a rebuttable presumption that a person
3 committed the offense if he or she left a child 6 years of
4 age or younger unattended in a motor vehicle for more than 10
5 minutes.
6 (c) "Unattended" means either: (i) not accompanied by a
7 person 14 years of age or older; or (ii) if accompanied by a
8 person 14 years of age or older, out of sight of that person.
9 (d) A violation of this Section is a Class A
10 misdemeanor. A second or subsequent violation of this
11 Section is a Class 3 felony. A violation of this Section
12 that is a proximate cause of the death of the child is a
13 Class 3 felony for which a person, if sentenced to a term of
14 imprisonment, shall be sentenced to a term of not less than 2
15 years and not more than 10 years.
16 (Source: P.A. 92-408, eff. 8-17-01; 92-432, eff. 8-17-01;
17 92-515, eff. 6-1-02; revised 1-7-02.)