HB5437 100TH GENERAL ASSEMBLY

LRB100 19943 RLC 35224 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5437

Introduced , by Rep. C.D. Davidsmeyer - Avery Bourne - John M. Cabello

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12C-5

was 720 ILCS 5/12-21.6

Amends the Criminal Code of 2012. Provides that a woman commits endangering the life or health of a child when she gives birth to a newborn infant who is born with fetal alcohol syndrome or fetal alcohol effects or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance as defined in the Illinois Controlled Substances Act or a metabolite of a controlled substance, with the exception of a controlled substance or metabolite of a controlled substance whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. Provides that a first offense is a Class A misdemeanor and a second or subsequent offense is a Class 4 felony. Provides that a parent, who is found to be in violation with respect to her child, shall be sentenced to mandatory drug or alcohol treatment as ordered by the court. Defines "controlled substance".

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 12C-5 as follows:

(720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)

Sec. 12C-5. Endangering the life or health of a child.

(a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.

(a-5) A woman commits endangering the life or health of a child when she gives birth to a newborn infant who is born with fetal alcohol syndrome or fetal alcohol effects or who is a newborn infant whose blood, urine, or meconium contains any amount of a controlled substance or a metabolite of a controlled substance, with the exception of a controlled substance or metabolite of a controlled substance whose presence in the newborn infant is the result of medical treatment administered to the mother or the newborn infant. For purposes of this subsection (a-5), "controlled substance" has the meaning ascribed to it in Section 102 of the Illinois Controlled Substances Act.

(b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left in a motor vehicle for more than 10 minutes.

(c) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person.

(d) Sentence. A violation of subsection (a) or (a-5) of this Section is a Class A misdemeanor. A second or subsequent violation of subsection (a-5) of this Section is a Class 4 felony. A second or subsequent violation of subsection (a) of this Section is a Class 3 felony. A violation of subsection (a) of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of subsection (a) of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15. A parent, who is found to be in violation of subsection (a-5) of this Section with respect to her child, shall be sentenced to mandatory drug or alcohol treatment as ordered by the court.

(Source: P.A. 97-1109, eff. 1-1-13.)