ENDANGERING CHILD & EVIDENCE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4578

Introduced 2/3/2026, by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 2012. Provides that a second or subsequent
violation of endangering the life or health of a child or a similar statute
of this State or any other state of an offense that is substantially
equivalent to the offense of endangering the life or health of a child is a
Class 3 felony. Provides that in addition to any other penalty provided by
law, upon conviction for endangering the life or health of a child, the
court may order the convicted person to undergo a psychological or
psychiatric evaluation and to undergo any treatment at the convicted
person's expense that the court determines to be appropriate after due
consideration of the evaluation. Provides that the special probation
provisions are not applicable to a person convicted of a second or
subsequent violation of endangering the life or health of a child or child
abandonment or similar statutes of other states. Amends the Code of
Criminal Procedure of 1963. Provides that in a prosecution for a physical
or sexual act perpetrated upon or against a youth who is a victim of
trafficking in persons, involuntary servitude, and related offenses,
provides for the admission of certain evidence as an exception to the
hearsay rule. Amends the Bill of Rights for Children. Provides that a child
reported to the Department of Children and Family Services or law
enforcement to be a victim of a physical act or a youth who is a victim of
trafficking in persons, involuntary servitude, and related offenses, whose
case is accepted by either agency for investigation has the right to have
that child's forensic interview conducted by a forensic interviewer from a
children's advocacy center accredited according to the Children's Advocacy
Center Act and serving the child's area or jurisdiction where the incident
occurred, when such service is accessible based on the children's advocacy
center's available resources. Amends the Privacy of Child Victims of
Criminal Sexual Offenses Act. In a prosecution or investigation of sexual
abuse against children under 18 years of age, permits disclosure to a
multidisciplinary team member, as defined in the Children's Advocacy
Center Act, and to a nonoffending parent or guardian of the identity of any
child who is a victim of such criminal sexual offense or alleged criminal
sexual offense. Defines "child" and "youth".
LRB104 17777 RLC 31209 b

A BILL FOR

HB4578
LRB104 17777 RLC 31209 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Sections 12C-5 and 12C-15 as follows:

6

(720 ILCS 5/12C-5)

(was 720 ILCS 5/12-21.6)
7

Sec. 12C-5.
Endangering the life or health of a child.
8

(a) A person commits endangering the life or health of a
9
child when he or she knowingly: (1) causes or permits the life
10
or health of a child under the age of 18 to be endangered; or
11
(2) causes or permits a child to be placed in circumstances
12
that endanger the child's life or health. It is not a violation
13
of this Section for a person to relinquish a child in
14
accordance with the Abandoned Newborn Infant Protection Act.
15

(b) A trier of fact may infer that a child 6 years of age
16
or younger is unattended if that child is left in a motor
17
vehicle for more than 10 minutes.
18

(c) "Unattended" means either: (i) not accompanied by a
19
person 14 years of age or older; or (ii) if accompanied by a
20
person 14 years of age or older, out of sight of that person.
21

(d) Sentence. A violation of this Section is a Class A
22
misdemeanor. A second or subsequent violation of this Section
23
or a similar statute of this State or any other state of an

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1
offense that is substantially equivalent to the offense of
2
endangering the life or health of a child
is a Class 3 felony.
3
In addition to any other penalty provided by law, upon
4
conviction for violating subsection (a) of this Section, the
5
court may order the convicted person to undergo a
6
psychological or psychiatric evaluation and to undergo any
7
treatment at the convicted person's expense that the court
8
determines to be appropriate after due consideration of the
9
evaluation.
A violation of this Section that is a proximate
10
cause of the death of the child is a Class 3 felony for which a
11
person, if sentenced to a term of imprisonment, shall be
12
sentenced to a term of not less than 2 years and not more than
13
10 years. A parent, who is found to be in violation of this
14
Section with respect to his or her child, may be sentenced to
15
probation for this offense pursuant to Section 12C-15.
16
(Source:
P.A. 97-1109, eff. 1-1-13.)

17

(720 ILCS 5/12C-15)

(was 720 ILCS 5/12-22)
18

Sec. 12C-15.
Child abandonment or endangerment; probation.
19

(a) Whenever a parent of a child as determined by the court
20
on the facts before it, pleads guilty to or is found guilty of,
21
with respect to his or her child, child abandonment under
22
Section 12C-10 of this Article or endangering the life or
23
health of a child under Section 12C-5 of this Article, the
24
court may, without entering a judgment of guilt and with the
25
consent of the person, defer further proceedings and place the

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LRB104 17777 RLC 31209 b
1
person upon probation upon the reasonable terms and conditions
2
as the court may require. At least one term of the probation
3
shall require the person to cooperate with the Department of
4
Children and Family Services at the times and in the programs
5
that the Department of Children and Family Services may
6
require.
7

(b) Upon fulfillment of the terms and conditions imposed
8
under subsection (a), the court shall discharge the person and
9
dismiss the proceedings. Discharge and dismissal under this
10
Section shall be without court adjudication of guilt and shall
11
not be considered a conviction for purposes of
12
disqualification or disabilities imposed by law upon
13
conviction of a crime. However, a record of the disposition
14
shall be reported by the clerk of the circuit court to the
15
Illinois State Police under Section 2.1 of the Criminal
16
Identification Act, and the record shall be maintained and
17
provided to any civil authority in connection with a
18
determination of whether the person is an acceptable candidate
19
for the care, custody and supervision of children.
20

(c) Discharge and dismissal under this Section may occur
21
only once.
22

(d) Probation under this Section may not be for a period of
23
less than 2 years.
24

(e) If the child dies of the injuries alleged, this
25
Section shall be inapplicable.
26

(f) This Section is inapplicable to a second or subsequent

HB4578
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LRB104 17777 RLC 31209 b
1
violation of this Section or a similar statute of this State or
2
any other state of an offense that is substantially equivalent
3
to the offense of endangering the life or health of a child.

4
(Source: P.A. 102-538, eff. 8-20-21.)

5

Section 10.
The Code of Criminal Procedure of 1963 is
6
amended by changing Section 115-10 as follows:

7

(725 ILCS 5/115-10)

(from Ch. 38, par. 115-10)
8

Sec. 115-10.
Certain hearsay exceptions.
9

(a) In a prosecution for a physical or sexual act
10
perpetrated upon or against a child
or youth who is a victim of
11
trafficking in persons, involuntary servitude, and related
12
offenses

under the age of 13
, a person with an intellectual
13
disability, a person with a cognitive impairment, or a person
14
with a developmental disability, including, but not limited
15
to, prosecutions for violations of Sections 11-1.20 through
16
11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or
17
the Criminal Code of 2012 and prosecutions for violations of
18
Sections 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3
19
(unlawful restraint), 10-3.1 (aggravated unlawful restraint),
20
10-4 (forcible detention), 10-5 (child abduction), 10-6
21
(harboring a runaway), 10-7 (aiding or abetting child
22
abduction), 10-9 (trafficking in persons, involuntary
23
servitude, and related offenses), 11-9 (public indecency),
24
11-11 (sexual relations within families), 11-21 (harmful

HB4578
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LRB104 17777 RLC 31209 b
1
material), 12-1 (assault), 12-2 (aggravated assault), 12-3
2
(battery), 12-3.2 (domestic battery), 12-3.3 (aggravated
3
domestic battery), 12-3.05 or 12-4 (aggravated battery),
4
12-4.1 (heinous battery), 12-4.2 (aggravated battery with a
5
firearm), 12-4.3 (aggravated battery of a child), 12-4.7 (drug
6
induced infliction of great bodily harm), 12-5 (reckless
7
conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
8
organization membership of persons), 12-7.1 (hate crime),
9
12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10 or
10
12C-35 (tattooing the body of a minor), 12-11 or 19-6 (home
11
invasion), 12-21.5 or 12C-10 (child abandonment), 12-21.6 or
12
12C-5 (endangering the life or health of a child) or 12-32
13
(ritual mutilation) of the Criminal Code of 1961 or the
14
Criminal Code of 2012 or any sex offense as defined in
15
subsection (B) of Section 2 of the Sex Offender Registration
16
Act, the following evidence shall be admitted as an exception
17
to the hearsay rule:
18

(1) testimony by the victim
or qualified witness
of an
19

out of court statement made by
that person

the victim
that
20

he or she complained of
a qualified

such
act to another;
21

and
22

(2) testimony of an out of court statement made by the
23

victim
or qualified witness
describing any complaint of
24

such act or matter or detail pertaining to any act which is
25

an element of an offense which is the subject of a
26

prosecution for a sexual or physical act against
the

that

HB4578
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LRB104 17777 RLC 31209 b
1

victim.
2

(b) Such testimony shall only be admitted if:
3

(1) The court finds in a hearing conducted outside the
4

presence of the jury that the time, content, and
5

circumstances of the statement provide sufficient
6

safeguards of reliability; and
7

(2) The
victim or qualified witness

child or person
8

with an intellectual disability, a cognitive impairment,
9

or developmental disability
either:
10

(A) testifies at the proceeding; or
11

(B) is unavailable as a witness and there is
12

corroborative evidence of the act which is the subject
13

of the statement; and
14

(3) In a case
in which the victim or qualified witness
15

is

involving an offense perpetrated against
a child under
16

the age of
18

13
,
where
the out of court statement was made
17

before the victim attained
18

13
years of age or within 3
18

months after the commission of the offense, whichever
19

occurs later,
such

but the
statement may be admitted
20

regardless of the age of the victim
or qualified witness

21

at the time of the proceeding.
22

(c) If a statement is admitted pursuant to this Section,
23
the court shall instruct the jury that it is for the jury to
24
determine the weight and credibility to be given the statement
25
and that, in making the determination, it shall consider the
26
age and maturity of the child, or the intellectual

HB4578
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LRB104 17777 RLC 31209 b
1
capabilities of the person with an intellectual disability, a
2
cognitive impairment, or developmental disability, the nature
3
of the statement, the circumstances under which the statement
4
was made, and any other relevant factor.
5

(d) The proponent of the statement shall give the adverse
6
party reasonable notice of his intention to offer the
7
statement and the particulars of the statement.
8

(e) Statements described in paragraphs (1) and (2) of
9
subsection (a) shall not be excluded on the basis that they
10
were obtained as a result of interviews conducted pursuant to
11
a protocol adopted by a Child Advocacy Advisory Board as set
12
forth in subsections (c), (d), and (e) of Section 3 of the
13
Children's Advocacy Center Act or that an interviewer or
14
witness to the interview was or is an employee, agent, or
15
investigator of a State's Attorney's office.
16

(f) For the purposes of this Section:
17

"Child" means a person under 18 years of age.
18

"Youth" means a victim of trafficking in persons,
19
involuntary servitude, and related offenses.
20

"Qualified act" means an act of the defendant, or one for
21
whose conduct the defendant is legally responsible, deemed
22
admissible by the court under Illinois Rules of Evidence
23
404(b) or 413, or both, or under any of Sections 115-7.3,
24
115-7.4, or 115-20 of this Code, or a combination of any of
25
these Sections.
26

"Qualified witness" means a witness who is a child under

HB4578
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LRB104 17777 RLC 31209 b
1
18 years of age, a person with an intellectual disability, a
2
person with a cognitive impairment, or a person with a
3
developmental disability.

4

"Person with a cognitive impairment" means a person with a
5
significant impairment of cognition or memory that represents
6
a marked deterioration from a previous level of function.
7
Cognitive impairment includes, but is not limited to,
8
dementia, amnesia, delirium, or a traumatic brain injury.
9

"Person with a developmental disability" means a person
10
with a disability that is attributable to (1) an intellectual
11
disability, cerebral palsy, epilepsy, or autism, or (2) any
12
other condition that results in an impairment similar to that
13
caused by an intellectual disability and requires services
14
similar to those required by a person with an intellectual
15
disability.
16

"Person with an intellectual disability" means a person
17
with significantly subaverage general intellectual functioning
18
which exists concurrently with an impairment in adaptive
19
behavior.
20
(Source:
P.A. 104-159, eff. 1-1-26
.)

21

Section 15.
The Bill of Rights for Children is amended by
22
changing Section 3.5 as follows:

23

(725 ILCS 115/3.5)
24

Sec. 3.5.
Right to forensic interview with children's

HB4578
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LRB104 17777 RLC 31209 b
1
advocacy center.
Every child reported to the Department of
2
Children and Family Services or law enforcement to be a victim
3
of sexual assault or sexual abuse
, a physical act, or youth who
4
is a victim of trafficking in persons, involuntary servitude,
5
and related offenses,
whose case is accepted by either agency
6
for investigation has the right to have that child's forensic
7
interview conducted by a forensic interviewer from a
8
children's advocacy center accredited according to the
9
Children's Advocacy Center Act and serving the child's area or
10
jurisdiction where the incident(s) occurred, when such service
11
is accessible based on the CAC's available resources.
Notice
12
of the right to a forensic interview and the trauma-informed
13
services provided by a children's advocacy center must be
14
given by the investigative personnel and

This right
may be
15
asserted by the child or the child's parent or guardian
16
informing the investigating personnel at the Department of
17
Children and Family Services or the law enforcement agency
18
that the parent or guardian wants the child to have the child's
19
interview conducted by the children's advocacy center. Each
20
local CAC protocol will outline a process to address
21
situations in which it is deemed not possible for a forensic
22
interview to occur, to ensure a trauma-informed response with
23
follow up services from the CAC.
In this Section:
24

"Child" or "children" means a person or persons under 18
25
years of age.
26

"Youth" means persons at least 18 years of age and under 24

HB4578
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LRB104 17777 RLC 31209 b
1
years of age.

2
(Source: P.A. 102-477, eff. 1-1-22
.)

3

Section 20.
The Privacy of Child Victims of Criminal
4
Sexual Offenses Act is amended by changing Section 3 as
5
follows:

6

(725 ILCS 190/3)

(from Ch. 38, par. 1453)
7

Sec. 3.
Confidentiality of law enforcement and court
8
records.
Notwithstanding any other law to the contrary,
9
inspection and copying of law enforcement records maintained
10
by any law enforcement agency or all circuit court records
11
maintained by any circuit clerk relating to any investigation
12
or proceeding pertaining to a criminal sexual offense, by any
13
person, except a judge, state's attorney, assistant state's
14
attorney, Attorney General, Assistant Attorney General,
15
psychologist, psychiatrist, social worker, doctor,
16
nonoffending
parent
or guardian
, parole agent, aftercare
17
specialist, probation officer,
multidisciplinary team member
18
(MDT) (as defined in the Children's Advocacy Center Act),

19
defendant, defendant's attorney, advocate, or victim's
20
attorney (as defined in Section 3 of the Rights of Crime
21
Victims and Witnesses Act) in any criminal proceeding or
22
investigation related thereto, shall be restricted to exclude
23
the identity of any child who is a victim of such criminal
24
sexual offense or alleged criminal sexual offense unless a

HB4578
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LRB104 17777 RLC 31209 b
1
court order is issued authorizing the removal of such
2
restriction as provided under this Section of a particular
3
case record or particular records of cases maintained by any
4
circuit court clerk. A court may, for the child's protection
5
and for good cause shown, prohibit any person or agency
6
present in court from further disclosing the child's identity.
7

A court may prohibit such disclosure only after giving
8
notice and a hearing to all affected parties. In determining
9
whether to prohibit disclosure of the minor's identity, the
10
court shall consider:
11

(1) the best interest of the child; and
12

(2) whether such nondisclosure would further a
13

compelling State interest.
14

When a criminal sexual offense is committed or alleged to
15
have been committed by a school district employee or any
16
individual contractually employed by a school district, a copy
17
of the criminal history record information relating to the
18
investigation of the offense or alleged offense shall be
19
transmitted to the superintendent of schools of the district
20
immediately upon request or if the law enforcement agency
21
knows that a school district employee or any individual
22
contractually employed by a school district has committed or
23
is alleged to have committed a criminal sexual offense, the
24
superintendent of schools of the district shall be immediately
25
provided a copy of the criminal history record information.
26
The copy of the criminal history record information to be

HB4578
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LRB104 17777 RLC 31209 b
1
provided under this Section shall exclude the identity of the
2
child victim. The superintendent shall be restricted from
3
revealing the identity of the victim. Nothing in this Article
4
precludes or may be used to preclude a mandated reporter from
5
reporting child abuse or child neglect as required under the
6
Abused and Neglected Child Reporting Act.
7

For the purposes of this Act, "criminal history record
8
information" means:
9

(i) chronologically maintained arrest information,
10

such as traditional arrest logs or blotters;
11

(ii) the name of a person in the custody of a law
12

enforcement agency and the charges for which that person
13

is being held;
14

(iii) court records that are public, as defined in
15

paragraph (1) of subsection (b) of Section 5 of the Court
16

Record and Document Accessibility Act;
17

(iv) records that are otherwise available under State
18

or local law; or
19

(v) records in which the requesting party is the
20

individual identified, except as provided under part (vii)
21

of paragraph (c) of subsection (1) of Section 7 of the
22

Freedom of Information Act.
23
(Source: P.A. 102-651, eff. 1-1-22; 102-813, eff. 5-13-22;
24
103-166, eff. 1-1-24
.)

HB4578
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LRB104 17777 RLC 31209 b
1

INDEX

2

Statutes amended in order of appearance

3

720 ILCS 5/12C-5
was 720 ILCS 5/12-21.6
4

720 ILCS 5/12C-15
was 720 ILCS 5/12-22
5

725 ILCS 5/115-10
from Ch. 38, par. 115-10
6

725 ILCS 115/3.5
7

725 ILCS 190/3
from Ch. 38, par. 1453

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