WeVote
Log In

Bill

Bill

HB 3448

CRIM CD-ENDANGERING CHILD

104th Regular Session Introduced by Maurice West

Adds a permissible inference that pool owners who neglect barriers may be liable if a child is injured or dies in the pool.

Rule 19(a) / Re-referred to Rules Committee
0
WeVote Research Nonpartisan
Bill Summary · HB 3448

HB 3448 — CRIM CD — Endangering the Life or Health of a Child

Bill citation: amends 720 ILCS 5/12C-5 (was 720 ILCS 5/12-21.6)
Introduced: February 18, 2025 (filed Feb 26, 2025) — Primary sponsor: Rep. Maurice A. West, II
Companion: SB 1251

Summary / Purpose

HB 3448 adds a new evidentiary inference to Illinois’s child endangerment statute. The bill allows a trier of fact (judge or jury) to infer that the life or health of a child under 18 was endangered when a person who owns a swimming pool negligently maintains or demonstrates neglect of the pool barrier in a way that would reasonably attract a child and permit the child to fall into the pool, and a child under 18 subsequently is injured or dies in that pool. The provision defines “swimming pool.”

Key provisions

  • Adds subsection (b-1) to 720 ILCS 5/12C-5 enabling an inference that a child under 18’s life or health was endangered when:
    • the defendant owns a swimming pool; and
    • the defendant demonstrates neglect of the barrier surrounding the pool in a manner a reasonable person could believe would attract a child and allow the child to fall into the pool; and
    • a child under 18 dies or is injured in that pool.
  • Defines “swimming pool” as any artificial basin of water modified, improved, constructed, or installed for the purpose of swimming, wading, floating, or diving.
  • Leaves existing statutory text intact, including:
    • subsection (a) defining the offense of endangering the life or health of a child (knowingly causing or permitting life/health to be endangered or placing child in dangerous circumstances);
    • subsection (b) (existing) permitting inference that a child 6 or younger is unattended if left in a motor vehicle for more than 10 minutes;
    • subsection (c) defining “unattended”;
    • subsection (d) sentencing structure (Class A misdemeanor for first violation; Class 3 felony for second/subsequent; Class 3 felony with 2–10 year sentencing floor if violation is proximate cause of child’s death; parents may be eligible for probation under Section 12C-15).

Who would be affected

  • Owners of swimming pools: private homeowners, landlords, businesses, property managers, and operators of pools (public or private) could face criminal liability under the endangerment statute if prosecutors rely on the new inference and the other statutory elements are met.
  • Children under 18 who are injured or die in swimming pools would be the focal victims referenced by the inference.
  • Prosecutors and defense counsel: changes evidentiary dynamics in cases involving child injuries or deaths in pools.

Procedural status / timeline (selected)

  • 02/18/2025: First reading in House
  • 03/11/2025: Assigned to Judiciary — Criminal Committee
  • 03/31/2025: Subcommittee public hearing; left pending initially
  • 04/16/2025: Recalled from subcommittee; reported favorably as substituted
  • 04/30/2025: Committee report distributed and sent to Calendars
  • 05/12–05/15/2025: Placed on General State Calendar; read 2nd time and postponed
  • 03/21/2025: Rule 19(a) / Re-referred to Rules Committee (current listed status)

Potential impact and considerations

  • Evidentiary effect: the bill creates a permissible inference (not a conclusive presumption), making it easier for prosecutors to argue that a child’s life or health was endangered when a pool owner’s inadequate barrier contributed to an injury or death.
  • Scope of “owner”: because the language refers to a person who “owns a swimming pool,” liability could extend beyond parents to any legal owner or person exercising control over the pool/property.
  • Defenses may include compliance with relevant barrier/ safety codes, lack of control/ownership, unforeseeable trespass by the child, or proof that the injury/death was unrelated to barrier condition.
  • The bill does not change penalties or age definitions elsewhere in the section beyond adding the inference and defining “swimming pool.”

For further tracking: companion bill SB 1251.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.