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Full Text of HB5248
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HB5248 - 104th General Assembly
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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
HB5248
LRB104 19705 RLC 33154 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 an
13
immature child under 18 years unattended
. It is not a
14
violation of this Section for a person to relinquish a child in
15
accordance with 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
(b-1) The trier of fact may infer the maturity level of the
20
child 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
9
unattended if the child is supervised by a person 18 years of
10
age or older.
11
(c) "Unattended" means either: (i) not accompanied by a
12
mature
person
14 years of age or older
; or (ii) if accompanied
13
by a
mature
person 1
4 years of age or older
, out of sight of
14
that person.
15
(d) Sentence. A violation of this Section is a Class A
16
misdemeanor. A second or subsequent violation of this Section
17
is a Class 3 felony. A violation of this Section that is a
18
proximate cause of the death of the child is a Class 3 felony
19
for which a person, if sentenced to a term of imprisonment,
20
shall be sentenced to a term of not less than 2 years and not
21
more than 10 years. A parent, who is found to be in violation
22
of this Section with respect to his or her child, may be
23
sentenced to probation for this offense pursuant to Section
24
12C-15.
25
(Source:
P.A. 97-1109, eff. 1-1-13.)
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