Local legislators propose child neglect crackdown

By Gus Bode

Child endangerment could carry a heftier sentence if an amendment upgrading the crime to a felony is passed in the General Assembly this spring.

At the request of Jackson County State’s Attorney Mike Wepsiec, Sen. Dave Luechtefeld (R-Okawville) and Rep. Mike Bost (R-Murphysboro) have agreed to submit the amendment in their respective houses this week. The proposal alters the language of the current statute, making endangerment resulting in great bodily harm to a child, now a Class A misdemeanor, a Class 3 felony. Endangerment resulting in the death of a child, now a Class 3 felony, would become a Class 4 felony under the amendment.

Speaking solemnly at a press conference to promote the amendment, Wepsiec and the two Republican lawmakers denounced the laxity in current law and argued for tougher sentences to punish negligent caretakers who, in the past, have served only minimal prison terms for their actions. Wepsiec said aggressive efforts to prosecute child endangerment cases oftentimes have been thwarted because of the statute’s soft language. He cited past cases in which parents found guilty of endangerment causing death served relatively minimal sentences. The most infamous and frustrating of these, Wepsiec said, involved the fire deaths of eight children in 1994 on Oak Street in Carbondale. The caretaker responsible served a 1-year prison term.

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When it comes to holding people responsible, prosecutors have their hands tied behind their backs, Wepseic said. This legislation unties those binds.

Under the proposed amendment, anyone convicted of child endangerment causing death will face up to 10 years in prison with a minimum sentence of two years. For cases involving great bodily harm due to endangerment, defendants would serve a maximum of two years and a minimum of one.

Similar legislation involving child endangerment, sponsored by Rep. Larry Woolard (D-Carterville) still awaits a committee hearing, but Leuchtefeld says his amendment might have the advantage. Woolard’s bill is a new piece of legislation that seeks to implement an alternative law regarding child endangerment sentences. Leuchtefeld’s amendment merely alters the language of the current statute. In this respect, he said, it is less complicated and more flexible, making it more attractive to legislators.

It might have a better chance of getting passed, he said.

Leuchtefeld is confident the amendment will pass the Rules Committee this session though he said it might face some opposition on the floor. Bost trusts the initiative will enjoy bipartisan support in the House. If the measure is passed, it likely would take effect Jan. 1.

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