Illinois General Assembly - Full Text of HB5248

LRB104 19705 RLC 33154 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5248

Introduced 2/10/2026, by Rep. Harry Benton

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12C-5

was 720 ILCS 5/12-21.6

Amends the Criminal Code of 2012. Provides that a person commits endangering the life or health of a child when he or she knowingly leaves an immature child under 18 years unattended. Establishes factors the trier of fact may infer relating to the maturity level of the child. Deletes that the child is unattended if not accompanied by a person 14 years of age or older or out of sight of that person. Replaces with the accompanying of the child by a mature person.

A BILL FOR

AN ACT concerning criminal law.

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

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

(720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)

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

(a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health; or (3) leaves an immature child under 18 years unattended. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.

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

(b-1) The trier of fact may infer the maturity level of the child by taking into consideration the following factors:

(A) the special needs of the child, including whether the child is a person with a physical or mental disability or is otherwise in need of ongoing prescribed medical treatment;

(B) the duration of time in which the child was left unattended;

(C) the time of day or night when the child was left unattended; and

(D) the physical and mental capabilities of the person left to supervise the child.

(b-2) The trier of fact may infer that a child is not left unattended if the child is supervised by a person 18 years of age or older.

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

(d) Sentence. A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.

(Source: P.A. 97-1109, eff. 1-1-13.)