104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5240
 
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 the offense of endangering the life or health of a child, includes leaving a child under 12 years of age unattended. Provides that, for the offense of endangering the life or health of a child, defines "unattended" as either: (1) not accompanied by a person 12 (rather than 14) years of age or older; or (2) if accompanied by a person 12 (rather than 14) years of age or older, out of sight of that person. 


LRB104 19702 RLC 33151 b

 
 
A BILL FOR
 
HB5240LRB104 19702 RLC 33151 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by 
5changing Section 12C-5 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 
9child when he or she knowingly: (1) causes or permits the life 
10or 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 
12that endanger the child's life or health; or (3) leaves a child 
13under 12 years of age unattended. It is not a violation of this 
14Section for a person to relinquish a child in accordance with 
15the Abandoned Newborn Infant Protection Act.
16    (b) A trier of fact may infer that a child 6 years of age 
17or younger is unattended if that child is left in a motor 
18vehicle for more than 10 minutes.
19    (c) "Unattended" means either: (i) not accompanied by a 
20person 12 14 years of age or older; or (ii) if accompanied by a 
21person 12 14 years of age or older, out of sight of that 
22person.
23    (d) Sentence. A violation of this Section is a Class A 
 
 
HB5240- 2 -LRB104 19702 RLC 33151 b

1misdemeanor. A second or subsequent violation of this Section 
2is a Class 3 felony. A violation of this Section that is a 
3proximate cause of the death of the child is a Class 3 felony 
4for which a person, if sentenced to a term of imprisonment, 
5shall be sentenced to a term of not less than 2 years and not 
6more than 10 years. A parent, who is found to be in violation 
7of this Section with respect to his or her child, may be 
8sentenced to probation for this offense pursuant to Section 
912C-15. 
10(Source: P.A. 97-1109, eff. 1-1-13.)