HB3357 98TH GENERAL ASSEMBLY

LRB098 07868 RLC 37952 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3357

Introduced , by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-4.4b new

Amends the Criminal Code of 2012. Creates the offense of abandoning a disabled adult. Provides that a parent or legal guardian of a person who at the time of the offense was a severely or profoundly intellectually disabled person at least 18 years of age commits abandoning a disabled adult when he or she without regard for the mental or physical health, safety, or welfare of the person knowingly leaves the severely or profoundly intellectually disabled person without supervision by a responsible person over the age of 14 for a period of 24 hours or more. Establishes factors the trier of fact shall consider for the purposes of determining whether the severely or profoundly intellectually disabled person was left without regard for the mental or physical health, safety, or welfare of that severely or profoundly intellectually disabled person. Provides that abandoning a disabled adult is a Class 4 felony. Provides that a second or subsequent offense after a prior conviction is a Class 3 felony.

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 adding Section 12-4.4b as follows:

(720 ILCS 5/12-4.4b new)

Sec. 12-4.4b. Abandoning a disabled adult.

(a) A parent or legal guardian of a person who at the time of the offense was a severely or profoundly intellectually disabled person at least 18 years of age commits abandoning a disabled adult when he or she without regard for the mental or physical health, safety, or welfare of the person knowingly leaves the severely or profoundly intellectually disabled person without supervision by a responsible person over the age of 14 for a period of 24 hours or more.

(b) For the purposes of determining whether the severely or profoundly intellectually disabled person was left without regard for the mental or physical health, safety, or welfare of that severely or profoundly intellectually disabled person, the trier of fact shall consider the following factors:

(1) the age of the severely or profoundly intellectually disabled person;

(2) the number of severely or profoundly intellectually disabled persons left at the location;

(3) special needs of the severely or profoundly intellectually disabled person, including whether the severely or profoundly intellectually disabled person is physically handicapped, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;

(4) the duration of time in which the severely or profoundly intellectually disabled person was left without supervision;

(5) the condition and location of the place where the severely or profoundly intellectually disabled person was left without supervision;

(6) the time of day or night when the severely or profoundly intellectually disabled person was left without supervision;

(7) the weather conditions, including whether the severely or profoundly intellectually disabled person was left in a location with adequate protection from the natural elements such as adequate heat or light;

(8) the location of the parent or legal guardian at the time the severely or profoundly intellectually disabled person was left without supervision, the physical distance the severely or profoundly intellectually disabled person was from the parent or legal guardian at the time the severely or profoundly intellectually disabled person was without supervision;

(9) whether the severely or profoundly intellectually disabled person's movement was restricted, or the severely or profoundly intellectually disabled person was otherwise locked within a room or other structure;

(10) whether the severely or profoundly intellectually disabled person was given a phone number of a person or location to call in the event of an emergency and whether the severely or profoundly intellectually disabled person was capable of making an emergency call;

(11) whether there was food and other provision left for the severely or profoundly intellectually disabled person;

(12) whether any of the conduct is attributable to economic hardship or illness and the parent or legal guardian made a good faith effort to provide for the health and safety of the severely or profoundly intellectually disabled person;

(13) the age and physical and mental capabilities of the person or persons who provided supervision for the severely or profoundly intellectually disabled person;

(14) any other factor that would endanger the health or safety of that particular severely or profoundly intellectually disabled person; and

(15) whether the severely or profoundly intellectually disabled person was left under the supervision of another person.

(c) It is a defense to a violation of this Section that, at the time of the offense, the defendant was not legal guardian of the severely or profoundly intellectually disabled person or that guardianship was transferred by court order from the parent or legal guardian to another legal guardian.

(d) Sentence. Abandoning a disabled adult is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony.