Illinois 2025-2026 Regular Session

Illinois House Bill HB3291 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3291 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-3 from Ch. 37, par. 802-3720 ILCS 150/1 from Ch. 23, par. 2351720 ILCS 150/5 from Ch. 23, par. 2355 Amends the Juvenile Court Act of 1987. Provides that an abused minor includes a minor whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent who allows, encourages, or requires a minor to engage in panhandling with a person 18 years of age or older. Amends the Wrongs to Children Act. Provides that it is unlawful for a child under 18 years of age to engage in panhandling. Provides that a person 18 years of age or older who engages in panhandling with a person under 18 years of age shall be issued a citation by the peace officer who witnesses the violation. Provides that the officer's local law enforcement agency shall send a written or electronic notice to the Department of Children and Family Services that the person under 18 years of age is endangered by engaging in panhandling with a person 18 years years of age or older. Provides that any person 18 years of age or older who engages in panhandling with a person under 18 years of age is guilty of a Class B misdemeanor. Defines "citation" and "panhandling". LRB104 10016 RLC 20087 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3291 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED: 705 ILCS 405/2-3 from Ch. 37, par. 802-3720 ILCS 150/1 from Ch. 23, par. 2351720 ILCS 150/5 from Ch. 23, par. 2355 705 ILCS 405/2-3 from Ch. 37, par. 802-3 720 ILCS 150/1 from Ch. 23, par. 2351 720 ILCS 150/5 from Ch. 23, par. 2355 Amends the Juvenile Court Act of 1987. Provides that an abused minor includes a minor whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent who allows, encourages, or requires a minor to engage in panhandling with a person 18 years of age or older. Amends the Wrongs to Children Act. Provides that it is unlawful for a child under 18 years of age to engage in panhandling. Provides that a person 18 years of age or older who engages in panhandling with a person under 18 years of age shall be issued a citation by the peace officer who witnesses the violation. Provides that the officer's local law enforcement agency shall send a written or electronic notice to the Department of Children and Family Services that the person under 18 years of age is endangered by engaging in panhandling with a person 18 years years of age or older. Provides that any person 18 years of age or older who engages in panhandling with a person under 18 years of age is guilty of a Class B misdemeanor. Defines "citation" and "panhandling". LRB104 10016 RLC 20087 b LRB104 10016 RLC 20087 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3291 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
3	3	705 ILCS 405/2-3 from Ch. 37, par. 802-3720 ILCS 150/1 from Ch. 23, par. 2351720 ILCS 150/5 from Ch. 23, par. 2355 705 ILCS 405/2-3 from Ch. 37, par. 802-3 720 ILCS 150/1 from Ch. 23, par. 2351 720 ILCS 150/5 from Ch. 23, par. 2355
4	4	705 ILCS 405/2-3 from Ch. 37, par. 802-3
5	5	720 ILCS 150/1 from Ch. 23, par. 2351
6	6	720 ILCS 150/5 from Ch. 23, par. 2355
7	7	Amends the Juvenile Court Act of 1987. Provides that an abused minor includes a minor whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent who allows, encourages, or requires a minor to engage in panhandling with a person 18 years of age or older. Amends the Wrongs to Children Act. Provides that it is unlawful for a child under 18 years of age to engage in panhandling. Provides that a person 18 years of age or older who engages in panhandling with a person under 18 years of age shall be issued a citation by the peace officer who witnesses the violation. Provides that the officer's local law enforcement agency shall send a written or electronic notice to the Department of Children and Family Services that the person under 18 years of age is endangered by engaging in panhandling with a person 18 years years of age or older. Provides that any person 18 years of age or older who engages in panhandling with a person under 18 years of age is guilty of a Class B misdemeanor. Defines "citation" and "panhandling".
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13	13	1 AN ACT concerning criminal law.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Juvenile Court Act of 1987 is amended by
17	17	5 changing Section 2-3 as follows:
18	18	6 (705 ILCS 405/2-3) (from Ch. 37, par. 802-3)
19	19	7 Sec. 2-3. Neglected or abused minor.
20	20	8 (1) Those who are neglected include any minor under 18
21	21	9 years of age or a minor 18 years of age or older for whom the
22	22	10 court has made a finding of probable cause to believe that the
23	23	11 minor is abused, neglected, or dependent under subsection (1)
24	24	12 of Section 2-10 prior to the minor's 18th birthday:
25	25	13 (a) who is not receiving the proper or necessary
26	26	14 support, education as required by law, or medical or other
27	27	15 remedial care recognized under State law as necessary for
28	28	16 a minor's well-being, or other care necessary for the
29	29	17 minor's well-being, including adequate food, clothing, and
30	30	18 shelter, or who is abandoned by the minor's parent or
31	31	19 parents or other person or persons responsible for the
32	32	20 minor's welfare, except that a minor shall not be
33	33	21 considered neglected for the sole reason that the minor's
34	34	22 parent or parents or other person or persons responsible
35	35	23 for the minor's welfare have left the minor in the care of
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39	39	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3291 Introduced , by Rep. Angelica Guerrero-Cuellar SYNOPSIS AS INTRODUCED:
40	40	705 ILCS 405/2-3 from Ch. 37, par. 802-3720 ILCS 150/1 from Ch. 23, par. 2351720 ILCS 150/5 from Ch. 23, par. 2355 705 ILCS 405/2-3 from Ch. 37, par. 802-3 720 ILCS 150/1 from Ch. 23, par. 2351 720 ILCS 150/5 from Ch. 23, par. 2355
41	41	705 ILCS 405/2-3 from Ch. 37, par. 802-3
42	42	720 ILCS 150/1 from Ch. 23, par. 2351
43	43	720 ILCS 150/5 from Ch. 23, par. 2355
44	44	Amends the Juvenile Court Act of 1987. Provides that an abused minor includes a minor whose parent or immediate family member, or any person responsible for the minor's welfare, or any person who is in the same family or household as the minor, or any individual residing in the same home as the minor, or a paramour of the minor's parent who allows, encourages, or requires a minor to engage in panhandling with a person 18 years of age or older. Amends the Wrongs to Children Act. Provides that it is unlawful for a child under 18 years of age to engage in panhandling. Provides that a person 18 years of age or older who engages in panhandling with a person under 18 years of age shall be issued a citation by the peace officer who witnesses the violation. Provides that the officer's local law enforcement agency shall send a written or electronic notice to the Department of Children and Family Services that the person under 18 years of age is endangered by engaging in panhandling with a person 18 years years of age or older. Provides that any person 18 years of age or older who engages in panhandling with a person under 18 years of age is guilty of a Class B misdemeanor. Defines "citation" and "panhandling".
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47	47	A BILL FOR
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53	53	705 ILCS 405/2-3 from Ch. 37, par. 802-3
54	54	720 ILCS 150/1 from Ch. 23, par. 2351
55	55	720 ILCS 150/5 from Ch. 23, par. 2355
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74	74	1 an adult relative for any period of time, who the parent or
75	75	2 parents or other person responsible for the minor's
76	76	3 welfare know is both a mentally capable adult relative and
77	77	4 physically capable adult relative, as defined by this Act;
78	78	5 or
79	79	6 (b) whose environment is injurious to the minor's
80	80	7 welfare; or
81	81	8 (c) who is a newborn infant whose blood, urine, or
82	82	9 meconium contains any amount of a controlled substance as
83	83	10 defined in subsection (f) of Section 102 of the Illinois
84	84	11 Controlled Substances Act or a metabolite of a controlled
85	85	12 substance, with the exception of controlled substances or
86	86	13 metabolites of such substances, the presence of which in
87	87	14 the newborn infant is the result of medical treatment
88	88	15 administered to the person who gave birth or the newborn
89	89	16 infant; or
90	90	17 (d) whose parent or other person responsible for the
91	91	18 minor's welfare leaves the minor without supervision for
92	92	19 an unreasonable period of time without regard for the
93	93	20 mental or physical health, safety, or welfare of that
94	94	21 minor. Whether the minor was left without regard for the
95	95	22 mental or physical health, safety, or welfare of that
96	96	23 minor or the period of time was unreasonable shall be
97	97	24 determined by considering factors including, but not
98	98	25 limited to, the following:
99	99	26 (1) the age of the minor;
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110	110	1 (2) the number of minors left at the location;
111	111	2 (3) the special needs of the minor, including
112	112	3 whether the minor is a person with a physical or mental
113	113	4 disability or is otherwise in need of ongoing
114	114	5 prescribed medical treatment, such as periodic doses
115	115	6 of insulin or other medications;
116	116	7 (4) the duration of time in which the minor was
117	117	8 left without supervision;
118	118	9 (5) the condition and location of the place where
119	119	10 the minor was left without supervision;
120	120	11 (6) the time of day or night when the minor was
121	121	12 left without supervision;
122	122	13 (7) the weather conditions, including whether the
123	123	14 minor was left in a location with adequate protection
124	124	15 from the natural elements, such as adequate heat or
125	125	16 light;
126	126	17 (8) the location of the parent or guardian at the
127	127	18 time the minor was left without supervision and the
128	128	19 physical distance the minor was from the parent or
129	129	20 guardian at the time the minor was without
130	130	21 supervision;
131	131	22 (9) whether the minor's movement was restricted or
132	132	23 the minor was otherwise locked within a room or other
133	133	24 structure;
134	134	25 (10) whether the minor was given a phone number of
135	135	26 a person or location to call in the event of an
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146	146	1 emergency and whether the minor was capable of making
147	147	2 an emergency call;
148	148	3 (11) whether there was food and other provision
149	149	4 left for the minor;
150	150	5 (12) whether any of the conduct is attributable to
151	151	6 economic hardship or illness and the parent, guardian,
152	152	7 or other person having physical custody or control of
153	153	8 the child made a good faith effort to provide for the
154	154	9 health and safety of the minor;
155	155	10 (13) the age and physical and mental capabilities
156	156	11 of the person or persons who provided supervision for
157	157	12 the minor;
158	158	13 (14) whether the minor was left under the
159	159	14 supervision of another person;
160	160	15 (15) any other factor that would endanger the
161	161	16 health and safety of that particular minor; or
162	162	17 (e) who has been provided with interim crisis
163	163	18 intervention services under Section 3-5 of this Act and
164	164	19 whose parent, guardian, or custodian refuses to permit the
165	165	20 minor to return home unless the minor is an immediate
166	166	21 physical danger to the minor or others living in the home.
167	167	22 A minor shall not be considered neglected for the sole
168	168	23 reason that the minor has been relinquished in accordance with
169	169	24 the Abandoned Newborn Infant Protection Act.
170	170	25 (1.5) A minor shall not be considered neglected for the
171	171	26 sole reason that the minor's parent or other person
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182	182	1 responsible for the minor's welfare permits the minor to
183	183	2 engage in independent activities unless the minor was
184	184	3 permitted to engage in independent activities under
185	185	4 circumstances presenting unreasonable risk of harm to the
186	186	5 minor's mental or physical health, safety, or well-being.
187	187	6 "Independent activities" includes, but is not limited to:
188	188	7 (a) traveling to and from school, including by
189	189	8 walking, running, or bicycling;
190	190	9 (b) traveling to and from nearby commercial or
191	191	10 recreational facilities;
192	192	11 (c) engaging in outdoor play;
193	193	12 (d) remaining in a vehicle unattended, except as
194	194	13 otherwise provided by law;
195	195	14 (e) remaining at home or at a similarly appropriate
196	196	15 location unattended; or
197	197	16 (f) engaging in a similar independent activity alone
198	198	17 or with other children.
199	199	18 In determining whether an independent activity presented
200	200	19 unreasonable risk of harm, the court shall consider:
201	201	20 (1) whether the activity is accepted as suitable for
202	202	21 minors of the same age, maturity level, and developmental
203	203	22 capacity as the involved minor;
204	204	23 (2) the factors listed in items (1) through (15) of
205	205	24 paragraph (d) of subsection (1); and
206	206	25 (3) any other factor the court deems relevant.
207	207	26 (2) Those who are abused include any minor under 18 years
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218	218	1 of age or a minor 18 years of age or older for whom the court
219	219	2 has made a finding of probable cause to believe that the minor
220	220	3 is abused, neglected, or dependent under subsection (1) of
221	221	4 Section 2-10 prior to the minor's 18th birthday whose parent
222	222	5 or immediate family member, or any person responsible for the
223	223	6 minor's welfare, or any person who is in the same family or
224	224	7 household as the minor, or any individual residing in the same
225	225	8 home as the minor, or a paramour of the minor's parent:
226	226	9 (i) inflicts, causes to be inflicted, or allows to be
227	227	10 inflicted upon such minor physical injury, by other than
228	228	11 accidental means, which causes death, disfigurement,
229	229	12 impairment of physical or emotional health, or loss or
230	230	13 impairment of any bodily function;
231	231	14 (ii) creates a substantial risk of physical injury to
232	232	15 such minor by other than accidental means which would be
233	233	16 likely to cause death, disfigurement, impairment of
234	234	17 emotional health, or loss or impairment of any bodily
235	235	18 function;
236	236	19 (iii) commits or allows to be committed any sex
237	237	20 offense against such minor, as such sex offenses are
238	238	21 defined in the Criminal Code of 1961 or the Criminal Code
239	239	22 of 2012, or in the Wrongs to Children Act, and extending
240	240	23 those definitions of sex offenses to include minors under
241	241	24 18 years of age;
242	242	25 (iv) commits or allows to be committed an act or acts
243	243	26 of torture upon such minor;
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254	254	1 (v) inflicts excessive corporal punishment;
255	255	2 (vi) commits or allows to be committed the offense of
256	256	3 involuntary servitude, involuntary sexual servitude of a
257	257	4 minor, or trafficking in persons as defined in Section
258	258	5 10-9 of the Criminal Code of 1961 or the Criminal Code of
259	259	6 2012, upon such minor; or
260	260	7 (vii) allows, encourages, or requires a minor to
261	261	8 commit any act of prostitution, as defined in the Criminal
262	262	9 Code of 1961 or the Criminal Code of 2012, and extending
263	263	10 those definitions to include minors under 18 years of age;
264	264	11 or .
265	265	12 (viii) allows, encourages, or requires a minor to
266	266	13 engage in panhandling with a person 18 years of age or
267	267	14 older. As used in this paragraph, "panhandling" has the
268	268	15 meaning ascribed to the term in Section 1 of the Wrongs to
269	269	16 Children Act.
270	270	17 A minor shall not be considered abused for the sole reason
271	271	18 that the minor has been relinquished in accordance with the
272	272	19 Abandoned Newborn Infant Protection Act.
273	273	20 (3) This Section does not apply to a minor who would be
274	274	21 included herein solely for the purpose of qualifying for
275	275	22 financial assistance for the minor or the minor's parents,
276	276	23 guardian, or custodian.
277	277	24 (4) The changes made by Public Act 101-79 apply to a case
278	278	25 that is pending on or after July 12, 2019 (the effective date
279	279	26 of Public Act 101-79).
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290	290	1 (Source: P.A. 103-22, eff. 8-8-23; 103-233, eff. 6-30-23;
291	291	2 103-605, eff. 7-1-24.)
292	292	3 Section 10. The Wrongs to Children Act is amended by
293	293	4 changing Sections 1 and 5 as follows:
294	294	5 (720 ILCS 150/1) (from Ch. 23, par. 2351)
295	295	6 Sec. 1. Prohibited activities involving children.
296	296	7 (a) It shall be unlawful for any person having the care,
297	297	8 custody or control of any child under the age of fourteen
298	298	9 years, to exhibit, use or employ, or in any manner, or under
299	299	10 any pretense, sell, apprentice, give away, let out, or
300	300	11 otherwise dispose of any such child to any person in or for the
301	301	12 vocation or occupation, service or purpose of singing, playing
302	302	13 on musical instruments, rope or wire walking, dancing,
303	303	14 begging, or peddling, or as a gymnast, contortionist, rider or
304	304	15 acrobat in any place whatsoever, or for any obscene, indecent
305	305	16 or immoral purpose, exhibition or practice whatsoever, or for,
306	306	17 or in any business, exhibition or vocation injurious to the
307	307	18 health or dangerous to the life or limb of such child, or
308	308	19 cause, procure or encourage any such child to engage therein.
309	309	20 Nothing in this section contained shall apply to or affect the
310	310	21 employment or use of any such child as a singer or musician in
311	311	22 any church, school or academy (or at any respectable
312	312	23 entertainment), or the teaching or learning the science or
313	313	24 practice of music.
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324	324	1 (b) A person 18 years of age or older who engages in
325	325	2 panhandling with a person under 18 years of age shall be issued
326	326	3 a citation by the peace officer who witnesses the violation.
327	327	4 The officer's local law enforcement agency shall send a
328	328	5 written or electronic notice to the Department of Children and
329	329	6 Family Services that the person under 18 years of age is
330	330	7 endangered by engaging in panhandling with a person 18 years
331	331	8 years of age or older.
332	332	9 (c) In this Section:
333	333	10 "Citation" means any summons, ticket, or other official
334	334	11 document issued by a peace officer for a the violation
335	335	12 containing an order which requires the offender to respond to
336	336	13 a court to answer the charge.
337	337	14 "Panhandling" means the selling of food products or other
338	338	15 items; or begging for money or asking for monetary donations
339	339	16 unless the child is representing a nonprofit organization.
340	340	17 (Source: Laws 1877, p. 90.)
341	341	18 (720 ILCS 150/5) (from Ch. 23, par. 2355)
342	342	19 Sec. 5. Any person convicted under the provisions of the
343	343	20 preceding Sections sections, shall for the first offense be
344	344	21 guilty of a Class A misdemeanor; and for a second or any
345	345	22 subsequent offense shall be guilty of a Class 4 felony. Any
346	346	23 person 18 years of age or older who engages in panhandling with
347	347	24 a person under 18 years of age is guilty of a Class B
348	348	25 misdemeanor.
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