HB2334 Engrossed LRB101 04660 SLF 49669 b
1		AN ACT concerning courts.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Juvenile Court Act of 1987 is amended by
5		changing Section 2-3 as follows:
6		(705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
7		Sec. 2-3. Neglected or abused minor.
8		(1) Those who are neglected include:
9		(a) any minor under 18 years of age who is not
10		receiving the proper or necessary support, education as
11		required by law, or medical or other remedial care
12		recognized under State law as necessary for a minor's
13		well-being, or other care necessary for his or her
14		well-being, including adequate food, clothing and shelter,
15		or who is abandoned by his or her parent or parents or
16		other person or persons responsible for the minor's
17		welfare, except that a minor shall not be considered
18		neglected for the sole reason that the minor's parent or
19		parents or other person or persons responsible for the
20		minor's welfare have left the minor in the care of an adult
21		relative for any period of time, who the parent or parents
22		or other person responsible for the minor's welfare know is
23		both a mentally capable adult relative and physically

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1		capable adult relative, as defined by this Act; or
2		(b) any minor under 18 years of age whose environment
3		is injurious to his or her welfare; or
4		(c) any newborn infant whose blood, urine, or meconium
5		contains any amount of a controlled substance as defined in
6		subsection (f) of Section 102 of the Illinois Controlled
7		Substances Act, as now or hereafter amended, or a
8		metabolite of a controlled substance, with the exception of
9		controlled substances or metabolites of such substances,
10		the presence of which in the newborn infant is the result
11		of medical treatment administered to the mother or the
12		newborn infant; or
13		(d) any minor under the age of 12 14 years whose parent
14		or other person responsible for the minor's welfare leaves
15		the minor without supervision for an unreasonable period of
16		time without regard for the mental or physical health,
17		safety, or welfare of that minor; or
18		(e) any minor who has been provided with interim crisis
19		intervention services under Section 3-5 of this Act and
20		whose parent, guardian, or custodian refuses to permit the
21		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 or
25		physical health, safety, or welfare of that minor or the period
26		of time was unreasonable shall be determined by considering the

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1		following factors, including but not limited to:
2		(1) the age of the minor;
3		(2) the number of minors left at the location;
4		(3) special needs of the minor, including whether the
5		minor is a person with a physical or mental disability, or
6		otherwise in need of ongoing prescribed medical treatment
7		such as periodic doses of insulin or other medications;
8		(4) the duration of time in which the minor was left
9		without supervision;
10		(5) the condition and location of the place where the
11		minor was left without supervision;
12		(6) the time of day or night when the minor was left
13		without supervision;
14		(7) the weather conditions, including whether the
15		minor was left in a location with adequate protection from
16		the natural elements such as adequate heat or light;
17		(8) the location of the parent or guardian at the time
18		the minor was left without supervision, the physical
19		distance the minor was from the parent or guardian at the
20		time the minor was without supervision;
21		(9) whether the minor's movement was restricted, or the
22		minor was otherwise locked within a room or other
23		structure;
24		(10) whether the minor was given a phone number of a
25		person or location to call in the event of an emergency and
26		whether the minor was capable of making an emergency call;

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1		(11) whether there was food and other provision left
2		for the minor;
3		(12) whether any of the conduct is attributable to
4		economic hardship or illness and the parent, guardian or
5		other person having physical custody or control of the
6		child made a good faith effort to provide for the health
7		and safety of the minor;
8		(13) the age and physical and mental capabilities of
9		the person or persons who provided supervision for the
10		minor;
11		(14) whether the minor was left under the supervision
12		of another person;
13		(15) any other factor that would endanger the health
14		and safety of that particular minor.
15		A minor shall not be considered neglected for the sole
16		reason that the minor has been relinquished in accordance with
17		the Abandoned Newborn Infant Protection Act.
18		(1.5) Neglect does not include permitting a child, whose
19		basic needs are met and who is of sufficient age and maturity
20		to avoid harm or unreasonable risk of harm, to engage in
21		independent activities, including:
22		(a) traveling to and from school, including by walking,
23		running, or bicycling;
24		(b) traveling to and from nearby commercial or
25		recreational activities;
26		(c) engaging in outdoor play;

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1		(d) remaining in a vehicle unattended, except as
2		otherwise provided by law;
3		(e) remaining at home unattended; or
4		(f) engaging in a similar independent activity.
5		(2) Those who are abused include any minor under 18 years
6		of age whose parent or immediate family member, or any person
7		responsible for the minor's welfare, or any person who is in
8		the same family or household as the minor, or any individual
9		residing in the same home as the minor, or a paramour of the
10		minor's parent:
11		(i) inflicts, causes to be inflicted, or allows to be
12		inflicted upon such minor physical injury, by other than
13		accidental means, which causes death, disfigurement,
14		impairment of physical or emotional health, or loss or
15		impairment of any bodily function;
16		(ii) creates a substantial risk of physical injury to
17		such minor by other than accidental means which would be
18		likely to cause death, disfigurement, impairment of
19		emotional health, or loss or impairment of any bodily
20		function;
21		(iii) commits or allows to be committed any sex offense
22		against such minor, as such sex offenses are defined in the
23		Criminal Code of 1961 or the Criminal Code of 2012, or in
24		the Wrongs to Children Act, and extending those definitions
25		of sex offenses to include minors under 18 years of age;
26		(iv) commits or allows to be committed an act or acts

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1		of torture upon such minor;
2		(v) inflicts excessive corporal punishment;
3		(vi) commits or allows to be committed the offense of
4		involuntary servitude, involuntary sexual servitude of a
5		minor, or trafficking in persons as defined in Section 10-9
6		of the Criminal Code of 1961 or the Criminal Code of 2012,
7		upon such minor; or
8		(vii) allows, encourages or requires a minor to commit
9		any act of prostitution, as defined in the Criminal Code of
10		1961 or the Criminal Code of 2012, and extending those
11		definitions to include minors under 18 years of age.
12		A minor shall not be considered abused for the sole reason
13		that the minor has been relinquished in accordance with the
14		Abandoned Newborn Infant Protection Act.
15		(3) This Section does not apply to a minor who would be
16		included herein solely for the purpose of qualifying for
17		financial assistance for himself, his parents, guardian or
18		custodian.
19		(Source: P.A. 99-143, eff. 7-27-15.)
20		Section 10. The Criminal Code of 2012 is amended by
21		changing Section 12C-10 as follows:
22		(720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
23		Sec. 12C-10. Child abandonment.
24		(a) A person commits child abandonment when he or she, as a

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1		parent, guardian, or other person having physical custody or
2		control of a child, without regard for the mental or physical
3		health, safety, or welfare of that child, knowingly leaves that
4		child who is under the age of 12 13 without supervision by a
5		responsible person over the age of 14 for a period of 24 hours
6		or more. It is not a violation of this Section for a person to
7		relinquish a child in accordance with the Abandoned Newborn
8		Infant Protection Act.
9		(b) For the purposes of determining whether the child was
10		left without regard for the mental or physical health, safety,
11		or welfare of that child, the trier of fact shall consider the
12		following factors:
13		(1) the age of the child;
14		(2) the number of children left at the location;
15		(3) special needs of the child, including whether the
16		child is a person with a physical or mental disability, or
17		otherwise in need of ongoing prescribed medical treatment
18		such as periodic doses of insulin or other medications;
19		(4) the duration of time in which the child was left
20		without supervision;
21		(5) the condition and location of the place where the
22		child was left without supervision;
23		(6) the time of day or night when the child was left
24		without supervision;
25		(7) the weather conditions, including whether the
26		child was left in a location with adequate protection from

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1		the natural elements such as adequate heat or light;
2		(8) the location of the parent, guardian, or other
3		person having physical custody or control of the child at
4		the time the child was left without supervision, the
5		physical distance the child was from the parent, guardian,
6		or other person having physical custody or control of the
7		child at the time the child was without supervision;
8		(9) whether the child's movement was restricted, or the
9		child was otherwise locked within a room or other
10		structure;
11		(10) whether the child was given a phone number of a
12		person or location to call in the event of an emergency and
13		whether the child was capable of making an emergency call;
14		(11) whether there was food and other provision left
15		for the child;
16		(12) whether any of the conduct is attributable to
17		economic hardship or illness and the parent, guardian or
18		other person having physical custody or control of the
19		child made a good faith effort to provide for the health
20		and safety of the child;
21		(13) the age and physical and mental capabilities of
22		the person or persons who provided supervision for the
23		child;
24		(14) any other factor that would endanger the health or
25		safety of that particular child;
26		(15) whether the child was left under the supervision

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1		of another person.
2		(c) Child abandonment is a Class 4 felony. A second or
3		subsequent offense after a prior conviction is a Class 3
4		felony. A parent, who is found to be in violation of this
5		Section with respect to his or her child, may be sentenced to
6		probation for this offense pursuant to Section 12C-15.
7		(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)