State of Illinois
92nd General Assembly
Legislation

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92_SB0028ham002

 










                                           LRB9201184ARsbam04

 1                     AMENDMENT TO SENATE BILL 28

 2        AMENDMENT NO.     .  Amend Senate Bill 28 as follows:
 3    by replacing everything after the enacting  clause  with  the
 4    following:

 5        "Section  5.  The  Criminal  Code  of  1961 is amended by
 6    changing Section 12-21.6 as follows:

 7        (720 ILCS 5/12-21.6)
 8        Sec. 12-21.6.  Endangering the life or health of a child.
 9        (a)  It is unlawful for any person to willfully cause  or
10    permit  the  life or health of a child under the age of 18 to
11    be endangered or to willfully cause or permit a child  to  be
12    placed  in  circumstances  that  endanger the child's life or
13    health.
14        (a-5)  A person commits the offense  of  endangering  the
15    life or health of a child if he or she leaves a child 6 years
16    of  age  or  younger  unattended  in  a  motor  vehicle.  For
17    purposes of this subsection:
18             (1)  There is a rebuttable presumption that a person
19        committed the offense if he or she left a child  6  years
20        of  age or younger unattended in a motor vehicle for more
21        than 10 minutes.
22             (2)  "Unattended" means either: (i) not  accompanied
 
                            -2-            LRB9201184ARsbam04
 1        by  a  person  14  years  of  age  or  older;  or (ii) if
 2        accompanied by a person 14 years of age or older, out  of
 3        sight of that person.
 4        (b)  A   violation   of   this   Section  is  a  Class  A
 5    misdemeanor.   A  second  or  subsequent  violation  of  this
 6    Section is a Class 3 felony.  A  violation  of  this  Section
 7    that  is  a  proximate  cause  of the death of the child is a
 8    Class 3 felony for which a person, if sentenced to a term  of
 9    imprisonment, shall be sentenced to a term of not less than 2
10    years and not more than 10 years.
11    (Source: P.A. 90-687, eff. 7-31-98.)".

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