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Full Text of HB5240
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HB5240 - 104th General Assembly
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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
HB5240
LRB104 19702 RLC 33151 b
1
AN ACT concerning criminal law.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Criminal Code of 2012 is amended by
5
changing 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
9
child when he or she knowingly: (1) causes or permits the life
10
or 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
12
that endanger the child's life or health
; or (3) leaves a child
13
under 12 years of age unattended
. It is not a violation of this
14
Section for a person to relinquish a child in accordance with
15
the Abandoned Newborn Infant Protection Act.
16
(b) A trier of fact may infer that a child 6 years of age
17
or younger is unattended if that child is left in a motor
18
vehicle for more than 10 minutes.
19
(c) "Unattended" means either: (i) not accompanied by a
20
person
12
14
years of age or older; or (ii) if accompanied by a
21
person
12
14
years of age or older, out of sight of that
22
person.
23
(d) Sentence. A violation of this Section is a Class A
HB5240
- 2 -
LRB104 19702 RLC 33151 b
1
misdemeanor. A second or subsequent violation of this Section
2
is a Class 3 felony. A violation of this Section that is a
3
proximate cause of the death of the child is a Class 3 felony
4
for which a person, if sentenced to a term of imprisonment,
5
shall be sentenced to a term of not less than 2 years and not
6
more than 10 years. A parent, who is found to be in violation
7
of this Section with respect to his or her child, may be
8
sentenced to probation for this offense pursuant to Section
9
12C-15.
10
(Source:
P.A. 97-1109, eff. 1-1-13.)
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