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.


LRB104 19705 RLC 33154 b

 
 
A BILL FOR
 
HB5248LRB104 19705 RLC 33154 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 an 
13immature child under 18 years unattended. It is not a 
14violation of this Section for a person to relinquish a child in 
15accordance with the 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    (b-1) The trier of fact may infer the maturity level of the 
20child by taking into consideration the following factors:
21         (A) the special needs of the child, 
22    including    whether the child is a person with a physical 
23    or mental disability or is otherwise in need of ongoing 
 
 
HB5248- 2 -LRB104 19705 RLC 33154 b

1    prescribed medical treatment;
2        (B) the duration of time in which the child was  left 
3    unattended;
4        (C) the time of day or night when the child was  left 
5    unattended; and
6        (D) the physical and mental capabilities of the person 
7    left to supervise the child. 
8    (b-2) The trier of fact may infer that a child is not left 
9unattended if the child is supervised by a person 18 years of 
10age or older. 
11    (c) "Unattended" means either: (i) not accompanied by a 
12mature person 14 years of age or older; or (ii) if accompanied 
13by a mature person 14 years of age or older, out of sight of 
14that person.
15    (d) Sentence. A violation of this Section is a Class A 
16misdemeanor. A second or subsequent violation of this Section 
17is a Class 3 felony. A violation of this Section that is a 
18proximate cause of the death of the child is a Class 3 felony 
19for which a person, if sentenced to a term of imprisonment, 
20shall be sentenced to a term of not less than 2 years and not 
21more than 10 years. A parent, who is found to be in violation 
22of this Section with respect to his or her child, may be 
23sentenced to probation for this offense pursuant to Section 
2412C-15. 
25(Source: P.A. 97-1109, eff. 1-1-13.)