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| | HB5278 Engrossed | | LRB097 18978 RLC 64217 b |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Abused and Neglected Child Reporting Act is |
5 | | amended by changing Section 3 as follows: |
6 | | (325 ILCS 5/3) (from Ch. 23, par. 2053) |
7 | | Sec. 3. As used in this Act unless the context otherwise |
8 | | requires: |
9 | | "Adult resident" means any person between 18 and 22 years |
10 | | of age who resides in any facility licensed by the Department |
11 | | under the Child Care Act of 1969. For purposes of this Act, the |
12 | | criteria set forth in the definitions of "abused child" and |
13 | | "neglected child" shall be used in determining whether an adult |
14 | | resident is abused or neglected. |
15 | | "Child" means any person under the age of 18 years, unless |
16 | | legally
emancipated by reason of marriage or entry into a |
17 | | branch of the United
States armed services. |
18 | | "Department" means Department of Children and Family |
19 | | Services. |
20 | | "Local law enforcement agency" means the police of a city, |
21 | | town,
village or other incorporated area or the sheriff of an |
22 | | unincorporated
area or any sworn officer of the Illinois |
23 | | Department of State Police. |
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1 | | "Abused child"
means a child whose parent or immediate |
2 | | family
member,
or any person responsible for the child's |
3 | | welfare, or any individual
residing in the same home as the |
4 | | child, or a paramour of the child's parent: |
5 | | (a) inflicts, causes to be inflicted, or allows to be
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6 | | inflicted upon
such child physical injury, by other than |
7 | | accidental means, which causes
death, disfigurement, |
8 | | impairment of physical or
emotional health, or loss or |
9 | | impairment of any bodily function; |
10 | | (b) creates a substantial risk of physical injury to |
11 | | such
child by
other than accidental means which would be |
12 | | likely to cause death,
disfigurement, impairment of |
13 | | physical or emotional health, or loss or
impairment of any |
14 | | bodily function; |
15 | | (c) commits or allows to be committed any sex offense |
16 | | against
such child,
as such sex offenses are defined in the |
17 | | Criminal Code of 1961, as amended, or in the Wrongs to |
18 | | Children Act,
and extending those definitions of sex |
19 | | offenses to include children under
18 years of age; |
20 | | (d) commits or allows to be committed an act or acts of
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21 | | torture upon
such child; |
22 | | (e) inflicts excessive corporal punishment; |
23 | | (f) commits or allows to be committed
the offense of
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24 | | female
genital mutilation, as defined in Section 12-34 of |
25 | | the Criminal Code of
1961, against the child; |
26 | | (g) causes to be sold, transferred, distributed, or |
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1 | | given to
such child
under 18 years of age, a controlled |
2 | | substance as defined in Section 102 of the
Illinois |
3 | | Controlled Substances Act in violation of Article IV of the |
4 | | Illinois
Controlled Substances Act or in violation of the |
5 | | Methamphetamine Control and Community Protection Act, |
6 | | except for controlled substances that are prescribed
in |
7 | | accordance with Article III of the Illinois Controlled |
8 | | Substances Act and
are dispensed to such child in a manner |
9 | | that substantially complies with the
prescription; or |
10 | | (h) commits or allows to be committed the offense of |
11 | | involuntary servitude, involuntary sexual servitude of a |
12 | | minor, trafficking in persons, or trafficking in persons |
13 | | for forced labor or services as defined in Section 10-9 of |
14 | | the Criminal Code of 1961 against the child. |
15 | | A child shall not be considered abused for the sole reason |
16 | | that the child
has been relinquished in accordance with the |
17 | | Abandoned Newborn Infant
Protection Act. |
18 | | "Neglected child" means any child who is not receiving the |
19 | | proper or
necessary nourishment or medically indicated |
20 | | treatment including food or care
not provided solely on the |
21 | | basis of the present or anticipated mental or
physical |
22 | | impairment as determined by a physician acting alone or in
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23 | | consultation with other physicians or otherwise is not |
24 | | receiving the proper or
necessary support or medical or other |
25 | | remedial care recognized under State law
as necessary for a |
26 | | child's well-being, or other care necessary for his or her
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1 | | well-being, including adequate food, clothing and shelter; or |
2 | | who is abandoned
by his or her parents or other person |
3 | | responsible for the child's welfare
without a proper plan of |
4 | | care; or who has been provided with interim crisis intervention |
5 | | services under
Section 3-5 of
the Juvenile Court Act of 1987 |
6 | | and whose parent, guardian, or custodian refuses to
permit
the |
7 | | child to return home and no other living arrangement agreeable
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8 | | to the parent, guardian, or custodian can be made, and the |
9 | | parent, guardian, or custodian has not made any other |
10 | | appropriate living arrangement for the child; or who is a |
11 | | newborn infant whose blood, urine,
or meconium
contains any |
12 | | amount of a controlled substance as defined in subsection (f) |
13 | | of
Section 102 of the Illinois Controlled Substances Act or a |
14 | | metabolite thereof,
with the exception of a controlled |
15 | | substance or metabolite thereof whose
presence in the newborn |
16 | | infant is the result of medical treatment administered
to the |
17 | | mother or the newborn infant. A child shall not be considered |
18 | | neglected
for the sole reason that the child's parent or other |
19 | | person responsible for his
or her welfare has left the child in |
20 | | the care of an adult relative for any
period of time. A child |
21 | | shall not be considered neglected for the sole reason
that the |
22 | | child has been relinquished in accordance with the Abandoned |
23 | | Newborn
Infant Protection Act. A child shall not be considered |
24 | | neglected or abused
for the
sole reason that such child's |
25 | | parent or other person responsible for his or her
welfare |
26 | | depends upon spiritual means through prayer alone for the |
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1 | | treatment or
cure of disease or remedial care as provided under |
2 | | Section 4 of this Act. A
child shall not be considered |
3 | | neglected or abused solely because the child is
not attending |
4 | | school in accordance with the requirements of Article 26 of The
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5 | | School Code, as amended. |
6 | | "Child Protective Service Unit" means certain specialized |
7 | | State employees of
the Department assigned by the Director to |
8 | | perform the duties and
responsibilities as provided under |
9 | | Section 7.2 of this Act. |
10 | | "Person responsible for the child's welfare" means the |
11 | | child's parent;
guardian; foster parent; relative caregiver; |
12 | | any person responsible for the
child's welfare in a public or |
13 | | private residential agency or institution; any
person |
14 | | responsible for the child's welfare within a public or private |
15 | | profit or
not for profit child care facility; or any other |
16 | | person responsible for the
child's welfare at the time of the |
17 | | alleged abuse or neglect, or any person who
came to know the |
18 | | child through an official capacity or position of trust,
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19 | | including but not limited to health care professionals, |
20 | | educational personnel,
recreational supervisors, members of |
21 | | the clergy, and volunteers or
support personnel in any setting
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22 | | where children may be subject to abuse or neglect. |
23 | | "Temporary protective custody" means custody within a |
24 | | hospital or
other medical facility or a place previously |
25 | | designated for such custody
by the Department, subject to |
26 | | review by the Court, including a licensed
foster home, group |
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1 | | home, or other institution; but such place shall not
be a jail |
2 | | or other place for the detention of criminal or juvenile |
3 | | offenders. |
4 | | "An unfounded report" means any report made under this Act |
5 | | for which
it is determined after an investigation that no |
6 | | credible evidence of
abuse or neglect exists. |
7 | | "An indicated report" means a report made under this Act if |
8 | | an
investigation determines that credible evidence of the |
9 | | alleged
abuse or neglect exists. |
10 | | "An undetermined report" means any report made under this |
11 | | Act in
which it was not possible to initiate or complete an |
12 | | investigation on
the basis of information provided to the |
13 | | Department. |
14 | | "Subject of report" means any child reported to the central |
15 | | register
of child abuse and neglect established under Section |
16 | | 7.7 of this Act as an alleged victim of child abuse or neglect |
17 | | and
the parent or guardian of the alleged victim or other |
18 | | person responsible for the alleged victim's welfare who is |
19 | | named in the report or added to the report as an alleged |
20 | | perpetrator of child abuse or neglect. |
21 | | "Perpetrator" means a person who, as a result of |
22 | | investigation, has
been determined by the Department to have |
23 | | caused child abuse or neglect. |
24 | | "Member of the clergy" means a clergyman or practitioner of |
25 | | any religious
denomination accredited by the religious body to |
26 | | which he or she belongs. |
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1 | | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; |
2 | | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.) |
3 | | Section 10. The Juvenile Court Act of 1987 is amended by |
4 | | changing Sections 2-3 and 2-18 as follows: |
5 | | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) |
6 | | Sec. 2-3. Neglected or abused minor. |
7 | | (1) Those who are neglected include: |
8 | | (a) any minor under 18 years of age who is not |
9 | | receiving
the proper or necessary support, education as
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10 | | required by law, or medical or other remedial care |
11 | | recognized under
State law as necessary for a minor's |
12 | | well-being, or other care necessary
for his or her |
13 | | well-being, including adequate food, clothing and shelter,
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14 | | or who is abandoned by his or her parent or parents or |
15 | | other person or persons responsible for
the minor's |
16 | | welfare, except that a minor shall not be considered |
17 | | neglected
for the sole reason that the minor's parent or |
18 | | parents or other person or persons responsible for the
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19 | | minor's welfare have left the minor in the care of an adult |
20 | | relative for any
period of time, who the parent or parents |
21 | | or other person responsible for the minor's welfare know is |
22 | | both a mentally capable adult relative and physically |
23 | | capable adult relative, as defined by this Act; or |
24 | | (b) any minor under 18 years of age whose environment |
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1 | | is injurious
to his or her welfare; or |
2 | | (c) any newborn infant whose blood, urine, or meconium
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3 | | contains any amount of a
controlled substance as defined in |
4 | | subsection (f) of Section 102 of the
Illinois Controlled |
5 | | Substances Act, as now or hereafter amended, or a
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6 | | metabolite of a controlled substance, with the exception of |
7 | | controlled
substances or metabolites of such substances, |
8 | | the presence of which in the
newborn infant is the result |
9 | | of medical treatment administered to the
mother or the |
10 | | newborn infant; or |
11 | | (d) any minor under the age of 14 years whose parent or |
12 | | other person
responsible for the minor's welfare leaves the |
13 | | minor without
supervision for an unreasonable period of |
14 | | time without regard for the mental or
physical health, |
15 | | safety, or welfare of that minor; or |
16 | | (e) any minor who has been provided with interim crisis |
17 | | intervention
services under Section 3-5 of this Act and |
18 | | whose parent, guardian, or custodian
refuses to permit the |
19 | | minor to return home unless the minor is an immediate |
20 | | physical danger to himself, herself, or others living in |
21 | | the home.
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22 | | Whether the minor was left without regard for the mental or |
23 | | physical health,
safety, or welfare of that minor or the period |
24 | | of time was unreasonable shall
be determined by considering the |
25 | | following factors, including but not limited
to: |
26 | | (1) the age of the minor; |
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1 | | (2) the number of minors left at the location; |
2 | | (3) special needs of the minor, including whether the |
3 | | minor is physically
or mentally handicapped, or otherwise |
4 | | in need of ongoing prescribed medical
treatment such as |
5 | | periodic doses of insulin or other medications; |
6 | | (4) the duration of time in which the minor was left |
7 | | without supervision; |
8 | | (5) the condition and location of the place where the |
9 | | minor was left
without supervision; |
10 | | (6) the time of day or night when the minor was left |
11 | | without supervision; |
12 | | (7) the weather conditions, including whether the |
13 | | minor was left in a
location with adequate protection from |
14 | | the natural elements such as adequate
heat or light; |
15 | | (8) the location of the parent or guardian at the time |
16 | | the minor was left
without supervision, the physical |
17 | | distance the minor was from the parent or
guardian at the |
18 | | time the minor was without supervision; |
19 | | (9) whether the minor's movement was restricted, or the |
20 | | minor was
otherwise locked within a room or other |
21 | | structure; |
22 | | (10) whether the minor was given a phone number of a |
23 | | person or location to
call in the event of an emergency and |
24 | | whether the minor was capable of making
an emergency call; |
25 | | (11) whether there was food and other provision left |
26 | | for the minor; |
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1 | | (12) whether any of the conduct is attributable to |
2 | | economic hardship or
illness and the parent, guardian or |
3 | | other person having physical custody or
control of the |
4 | | child made a good faith effort to provide for the health |
5 | | and
safety of the minor; |
6 | | (13) the age and physical and mental capabilities of |
7 | | the person or persons
who provided supervision for the |
8 | | minor; |
9 | | (14) whether the minor was left under the supervision |
10 | | of another person; |
11 | | (15) any other factor that would endanger the health |
12 | | and safety of that
particular minor. |
13 | | A minor shall not be considered neglected for the sole |
14 | | reason that the
minor has been relinquished in accordance with |
15 | | the Abandoned Newborn Infant
Protection Act. |
16 | | (2) Those who are abused include any minor under 18 years |
17 | | of age whose
parent or immediate family member, or any person |
18 | | responsible
for the minor's welfare, or any person who is in |
19 | | the same family or household
as the minor, or any individual |
20 | | residing in the same home as the minor, or
a paramour of the |
21 | | minor's parent: |
22 | | (i) inflicts, causes to be inflicted, or allows to be |
23 | | inflicted upon
such minor physical injury, by other than |
24 | | accidental means, which causes death,
disfigurement, |
25 | | impairment of physical or emotional health, or loss or
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26 | | impairment of any bodily function; |
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1 | | (ii) creates a substantial risk of physical injury to |
2 | | such minor by
other than accidental means which would be |
3 | | likely to cause death,
disfigurement, impairment of |
4 | | emotional health, or loss or impairment of any
bodily |
5 | | function; |
6 | | (iii) commits or allows to be committed any sex offense |
7 | | against such
minor, as such sex offenses are defined in the |
8 | | Criminal Code of 1961, as
amended, or in the Wrongs to |
9 | | Children Act, and extending those definitions of sex |
10 | | offenses to include minors
under 18 years of age; |
11 | | (iv) commits or allows to be committed an act or acts |
12 | | of torture upon
such minor; |
13 | | (v) inflicts excessive corporal punishment; |
14 | | (vi) commits or allows to be committed the offense of |
15 | | involuntary servitude, involuntary sexual servitude of a |
16 | | minor, trafficking in persons, or trafficking in persons |
17 | | for forced labor or services defined in Section 10-9 of the |
18 | | Criminal Code of 1961, upon such minor; or |
19 | | (vii) allows, encourages or requires a minor to commit |
20 | | any act of prostitution, as defined in the Criminal Code of |
21 | | 1961, and extending those definitions to include minors |
22 | | under 18 years of age. |
23 | | A minor shall not be considered abused for the sole reason |
24 | | that the minor
has been relinquished in accordance with the |
25 | | Abandoned Newborn Infant
Protection Act. |
26 | | (3) This Section does not apply to a minor who would be |
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1 | | included
herein solely for the purpose of qualifying for |
2 | | financial assistance for
himself, his parents, guardian or |
3 | | custodian. |
4 | | (Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09; |
5 | | 96-1464, eff. 8-20-10.) |
6 | | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) |
7 | | Sec. 2-18. Evidence. |
8 | | (1) At the adjudicatory hearing, the court shall first |
9 | | consider only the
question whether the minor is abused, |
10 | | neglected or dependent. The standard of
proof and the rules of |
11 | | evidence in the nature of civil proceedings in this
State are |
12 | | applicable to proceedings under this Article. If the petition |
13 | | also
seeks the appointment of a guardian of the person with
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14 | | power to consent to adoption of the minor under Section 2-29, |
15 | | the court may
also consider legally admissible evidence at the |
16 | | adjudicatory hearing that one
or more grounds of unfitness |
17 | | exists under subdivision D of Section 1 of the
Adoption Act. |
18 | | (2) In any hearing under this Act, the following shall |
19 | | constitute prima
facie evidence of abuse or neglect, as the |
20 | | case may be: |
21 | | (a) proof that a minor has a medical diagnosis of |
22 | | battered child syndrome
is prima facie evidence of abuse; |
23 | | (b) proof that a minor has a medical diagnosis of |
24 | | failure to thrive
syndrome is prima facie evidence of |
25 | | neglect; |
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1 | | (c) proof that a minor has a medical diagnosis of fetal |
2 | | alcohol syndrome
is prima facie evidence of neglect; |
3 | | (d) proof that a minor has a medical diagnosis at birth |
4 | | of withdrawal
symptoms from narcotics or barbiturates is |
5 | | prima facie evidence of neglect; |
6 | | (e) proof of injuries sustained by a minor or of the |
7 | | condition of a minor
of such a nature as would ordinarily |
8 | | not be sustained or exist except by
reason of the acts or |
9 | | omissions of the parent, custodian or guardian of
such |
10 | | minor shall be prima facie evidence of abuse or neglect, as |
11 | | the case may
be; |
12 | | (f) proof that a parent, custodian or guardian of a |
13 | | minor repeatedly used
a drug, to the extent that it has or |
14 | | would ordinarily have the effect of
producing in the user a |
15 | | substantial state of stupor, unconsciousness,
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16 | | intoxication, hallucination, disorientation or |
17 | | incompetence, or a
substantial impairment of judgment, or a |
18 | | substantial manifestation of
irrationality, shall be prima |
19 | | facie evidence of neglect; |
20 | | (g) proof that a parent, custodian, or guardian of a |
21 | | minor repeatedly
used a controlled substance, as defined in |
22 | | subsection (f) of Section 102 of the
Illinois Controlled |
23 | | Substances Act, in the presence of the minor or a sibling
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24 | | of the minor is prima facie evidence of neglect. "Repeated |
25 | | use", for the
purpose of this subsection, means more than |
26 | | one use of a controlled substance
as defined in subsection |
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1 | | (f) of Section 102 of the Illinois Controlled
Substances |
2 | | Act; |
3 | | (h) proof that a newborn infant's blood, urine, or |
4 | | meconium contains any
amount of a controlled substance as |
5 | | defined in subsection (f) of Section 102 of
the Illinois |
6 | | Controlled Substances Act, or a metabolite of a controlled
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7 | | substance, with the exception of controlled substances or |
8 | | metabolites of those
substances, the presence of which is |
9 | | the result of medical treatment
administered to the mother |
10 | | or the newborn, is prime facie evidence of
neglect; |
11 | | (i) proof that a minor was present in a structure or |
12 | | vehicle in which the minor's parent, custodian, or guardian |
13 | | was involved in the manufacture of methamphetamine |
14 | | constitutes prima facie evidence of abuse and neglect;
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15 | | (j) proof that a parent, custodian, or guardian of a |
16 | | minor allows, encourages, or requires a minor to perform, |
17 | | offer, or agree to perform any act of sexual penetration as |
18 | | defined in Section 12-12 of the Criminal Code of 1961 for |
19 | | any money, property, token, object, or article or anything |
20 | | of value, or any touching or fondling of the sex organs of |
21 | | one person by another person, for any money, property, |
22 | | token, object, or article or anything of value, for the |
23 | | purpose of sexual arousal or gratification, constitutes |
24 | | prima facie evidence of abuse and neglect; |
25 | | (k) proof that a parent, custodian, or guardian of a |
26 | | minor commits or allows to be committed the offense of |
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1 | | involuntary servitude, involuntary sexual servitude of a |
2 | | minor, trafficking in persons, or trafficking in persons |
3 | | for forced labor or services defined in Section 10-9 of the |
4 | | Criminal Code of 1961, upon such minor, constitutes prima |
5 | | facie evidence of abuse and neglect. |
6 | | (3) In any hearing under this Act, proof of the abuse, |
7 | | neglect or dependency
of one minor shall be admissible evidence |
8 | | on the issue of the abuse, neglect or
dependency of any other |
9 | | minor for whom the respondent is responsible. |
10 | | (4) (a) Any writing, record, photograph or x-ray of any |
11 | | hospital or public
or private agency, whether in the form of an |
12 | | entry in a book or otherwise,
made as a memorandum or record of |
13 | | any condition, act, transaction, occurrence
or event relating |
14 | | to a minor in an abuse, neglect or
dependency proceeding, shall |
15 | | be
admissible in evidence as proof of that condition, act, |
16 | | transaction, occurrence
or event, if the court finds that the |
17 | | document was made in the regular course
of the business of the |
18 | | hospital or agency and that it was in the regular
course of |
19 | | such business to make it, at the time of the act, transaction,
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20 | | occurrence or event, or within a reasonable time thereafter. A |
21 | | certification
by the head or responsible employee of the |
22 | | hospital or agency that the writing,
record, photograph or |
23 | | x-ray is the full and complete record of the condition,
act, |
24 | | transaction, occurrence or event and that it satisfies the |
25 | | conditions
of this paragraph shall be prima facie evidence of |
26 | | the facts contained in
such certification. A certification by |
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1 | | someone other than the head of the
hospital or agency shall be |
2 | | accompanied by a photocopy of a delegation of
authority signed |
3 | | by both the head of the hospital or agency and by such
other |
4 | | employee. All other circumstances of the making of the |
5 | | memorandum,
record, photograph or x-ray, including lack of |
6 | | personal knowledge of the
maker, may be proved to affect the |
7 | | weight to be accorded such evidence,
but shall not affect its |
8 | | admissibility. |
9 | | (b) Any indicated report filed pursuant to the Abused and |
10 | | Neglected Child
Reporting Act shall be admissible in evidence. |
11 | | (c) Previous statements made by the minor relating to any |
12 | | allegations
of abuse or neglect shall be admissible in |
13 | | evidence. However, no such
statement, if uncorroborated and not |
14 | | subject to cross-examination, shall be
sufficient in itself to |
15 | | support a finding of abuse or neglect. |
16 | | (d) There shall be a rebuttable presumption that a minor is |
17 | | competent
to testify in abuse or neglect proceedings. The court |
18 | | shall determine how
much weight to give to the minor's |
19 | | testimony, and may allow the minor to
testify in chambers with |
20 | | only the court, the court reporter and attorneys
for the |
21 | | parties present. |
22 | | (e) The privileged character of communication between any |
23 | | professional
person and patient or client, except privilege |
24 | | between attorney and client,
shall not apply to proceedings |
25 | | subject to this Article. |
26 | | (f) Proof of the impairment of emotional health or |
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1 | | impairment of mental
or emotional condition as a result of the |
2 | | failure of the respondent to exercise
a minimum degree of care |
3 | | toward a minor may include competent opinion or
expert |
4 | | testimony, and may include proof that such impairment lessened |
5 | | during
a period when the minor was in the care, custody or |
6 | | supervision of a person
or agency other than the respondent. |
7 | | (5) In any hearing under this Act alleging neglect for |
8 | | failure to
provide education as required by law under |
9 | | subsection (1) of Section 2-3,
proof that a minor under 13 |
10 | | years of age who is subject to compulsory
school attendance |
11 | | under the School Code is a chronic truant as defined
under the |
12 | | School Code shall be prima facie evidence of neglect by the
|
13 | | parent or guardian in any hearing under this Act and proof that |
14 | | a minor who
is 13 years of age or older who is subject to |
15 | | compulsory school attendance
under the School Code is a chronic |
16 | | truant shall raise a rebuttable
presumption of neglect by the |
17 | | parent or guardian. This subsection (5)
shall not apply in |
18 | | counties with 2,000,000 or more inhabitants. |
19 | | (6) In any hearing under this Act, the court may take |
20 | | judicial notice of
prior sworn testimony or evidence admitted |
21 | | in prior proceedings involving
the same minor if (a) the |
22 | | parties were either represented by counsel at such
prior |
23 | | proceedings or the right to counsel was knowingly waived and |
24 | | (b) the
taking of judicial notice would not result in admitting |
25 | | hearsay evidence at a
hearing where it would otherwise be |
26 | | prohibited. |
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1 | | (Source: P.A. 96-1464, eff. 8-20-10.) |
2 | | Section 15. The Criminal Code of 1961 is amended by |
3 | | changing Sections 3-6, 10-9, 14-3, and 36.5-5 as follows:
|
4 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
|
5 | | Sec. 3-6. Extended limitations. The period within which a |
6 | | prosecution
must be commenced under the provisions of Section |
7 | | 3-5 or other applicable
statute is extended under the following |
8 | | conditions:
|
9 | | (a) A prosecution for theft involving a breach of a |
10 | | fiduciary obligation
to the aggrieved person may be commenced |
11 | | as follows:
|
12 | | (1) If the aggrieved person is a minor or a person |
13 | | under legal disability,
then during the minority or legal |
14 | | disability or within one year after the
termination |
15 | | thereof.
|
16 | | (2) In any other instance, within one year after the |
17 | | discovery of the
offense by an aggrieved person, or by a |
18 | | person who has legal capacity to
represent an aggrieved |
19 | | person or has a legal duty to report the offense,
and is |
20 | | not himself or herself a party to the offense; or in the |
21 | | absence of such
discovery, within one year after the proper |
22 | | prosecuting officer becomes
aware of the offense. However, |
23 | | in no such case is the period of limitation
so extended |
24 | | more than 3 years beyond the expiration of the period |
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1 | | otherwise
applicable.
|
2 | | (b) A prosecution for any offense based upon misconduct in |
3 | | office by a
public officer or employee may be commenced within |
4 | | one year after discovery
of the offense by a person having a |
5 | | legal duty to report such offense, or
in the absence of such |
6 | | discovery, within one year after the proper
prosecuting officer |
7 | | becomes aware of the offense. However, in no such case
is the |
8 | | period of limitation so extended more than 3 years beyond the
|
9 | | expiration of the period otherwise applicable.
|
10 | | (b-5) When the victim is under 18 years of age at the time |
11 | | of the offense, a prosecution for involuntary servitude, |
12 | | involuntary sexual servitude of a minor, or trafficking in |
13 | | persons and related offenses under Section 10-9 of this Code |
14 | | may be commenced within one year of the victim attaining the |
15 | | age of 18 years. However, in no such case shall the time period |
16 | | for prosecution expire sooner than 3 years after the commission |
17 | | of the offense. |
18 | | (c) (Blank).
|
19 | | (d) A prosecution for child pornography, aggravated child |
20 | | pornography, indecent
solicitation of a
child, soliciting for a |
21 | | juvenile prostitute, juvenile pimping,
exploitation of a |
22 | | child, or promoting juvenile prostitution except for keeping a |
23 | | place of juvenile prostitution may be commenced within one year |
24 | | of the victim
attaining the age of 18 years. However, in no |
25 | | such case shall the time
period for prosecution expire sooner |
26 | | than 3 years after the commission of
the offense. When the |
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|
1 | | victim is under 18 years of age, a prosecution for
criminal
|
2 | | sexual abuse may be commenced within
one year of the victim |
3 | | attaining the age of 18 years. However, in no such
case shall |
4 | | the time period for prosecution expire sooner than 3 years |
5 | | after
the commission of the offense.
|
6 | | (e) Except as otherwise provided in subdivision (j), a |
7 | | prosecution for
any offense involving sexual conduct or sexual
|
8 | | penetration, as defined in Section 11-0.1 of this Code, where |
9 | | the defendant
was within a professional or fiduciary |
10 | | relationship or a purported
professional or fiduciary |
11 | | relationship with the victim at the
time of the commission of |
12 | | the offense may be commenced within one year
after the |
13 | | discovery of the offense by the victim.
|
14 | | (f) A prosecution for any offense set forth in Section 44
|
15 | | of the "Environmental Protection Act", approved June 29, 1970, |
16 | | as amended,
may be commenced within 5 years after the discovery |
17 | | of such
an offense by a person or agency having the legal duty |
18 | | to report the
offense or in the absence of such discovery, |
19 | | within 5 years
after the proper prosecuting officer becomes |
20 | | aware of the offense.
|
21 | | (f-5) A prosecution for any offense set forth in Section |
22 | | 16-30 of this Code may be commenced within 5 years after the |
23 | | discovery of the offense by the victim of that offense.
|
24 | | (g) (Blank).
|
25 | | (h) (Blank).
|
26 | | (i) Except as otherwise provided in subdivision (j), a |
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1 | | prosecution for
criminal sexual assault, aggravated criminal
|
2 | | sexual assault, or aggravated criminal sexual abuse may be |
3 | | commenced within 10
years of the commission of the offense if |
4 | | the victim reported the offense to
law enforcement authorities |
5 | | within 3 years after the commission of the offense.
|
6 | | Nothing in this subdivision (i) shall be construed to
|
7 | | shorten a period within which a prosecution must be commenced |
8 | | under any other
provision of this Section.
|
9 | | (j) When the victim is under 18 years of age at the time of |
10 | | the offense, a
prosecution
for criminal sexual assault, |
11 | | aggravated criminal sexual assault, predatory
criminal sexual |
12 | | assault of a child, aggravated criminal sexual abuse, or felony |
13 | | criminal sexual abuse, or a
prosecution for failure of a person |
14 | | who is required to report an alleged
or suspected commission of |
15 | | any of these offenses under the Abused and Neglected
Child |
16 | | Reporting Act may be
commenced within 20 years after the child |
17 | | victim attains 18
years of age. When the victim is under 18 |
18 | | years of age at the time of the offense, a
prosecution
for |
19 | | misdemeanor criminal sexual abuse may be
commenced within 10 |
20 | | years after the child victim attains 18
years of age.
|
21 | | Nothing in this subdivision (j) shall be construed to
|
22 | | shorten a period within which a prosecution must be commenced |
23 | | under any other
provision of this Section.
|
24 | | (k) A prosecution for theft involving real property |
25 | | exceeding $100,000 in value under Section 16-1, identity theft |
26 | | under subsection (a) of Section 16-30, aggravated identity |
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1 | | theft under subsection (b) of Section 16-30, or any offense set |
2 | | forth in Article 16H or Section 17-10.6 may be commenced within |
3 | | 7 years of the last act committed in furtherance of the crime.
|
4 | | (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section |
5 | | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. |
6 | | 7-1-11; 97-597, eff. 1-1-12.) |
7 | | (720 ILCS 5/10-9) |
8 | | Sec. 10-9. Trafficking in persons, involuntary servitude, |
9 | | and related offenses. |
10 | | (a) Definitions. In this Section: |
11 | | (1) "Intimidation" has the meaning prescribed in |
12 | | Section 12-6. |
13 | | (2) "Commercial sexual activity" means any sex act on |
14 | | account of which anything of value is given, promised to, |
15 | | or received by any person.
|
16 | | (3) "Financial harm" includes intimidation that brings |
17 | | about financial loss, criminal usury, or employment |
18 | | contracts that violate the Frauds Act. |
19 | | (4) (Blank). " Forced labor or services" means labor or |
20 | | services that are performed or provided by another person |
21 | | and are obtained or maintained through: |
22 | | (A) any scheme, plan, or pattern intending to cause |
23 | | or threatening to cause serious harm to any person; |
24 | | (B) an actor's physically restraining or |
25 | | threatening to physically restrain another person; |
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1 | | (C) an actor's abusing or threatening to abuse the |
2 | | law or legal process; |
3 | | (D) an actor's knowingly destroying, concealing, |
4 | | removing, confiscating, or possessing any actual or |
5 | | purported passport or other immigration document, or |
6 | | any other actual or purported government |
7 | | identification document, of another person; |
8 | | (E) an actor's blackmail; or |
9 | | (F) an actor's causing or threatening to cause |
10 | | financial harm to or exerting financial control over |
11 | | any person.
|
12 | | (5) "Labor" means work of economic or financial value. |
13 | | (6) "Maintain" means, in relation to labor or services, |
14 | | to secure continued performance thereof, regardless of any |
15 | | initial agreement on the part of the victim to perform that |
16 | | type of service. |
17 | | (7) "Obtain" means, in relation to labor or services, |
18 | | to secure performance thereof. |
19 | | (7.5) "Serious harm" means any harm, whether physical |
20 | | or nonphysical, including psychological, financial, or |
21 | | reputational harm, that is sufficiently serious, under all |
22 | | the surrounding circumstances, to compel a reasonable |
23 | | person of the same background and in the same circumstances |
24 | | to perform or to continue performing labor or services in |
25 | | order to avoid incurring that harm. |
26 | | (8) "Services" means activities resulting from a |
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1 | | relationship between a person and the actor in which the |
2 | | person performs activities under the supervision of or for |
3 | | the benefit of the actor. Commercial sexual activity and |
4 | | sexually-explicit performances are forms of activities |
5 | | that are "services" under this Section. Nothing in this |
6 | | definition may be construed to legitimize or legalize |
7 | | prostitution. |
8 | | (9) "Sexually-explicit performance" means a live, |
9 | | recorded, broadcast (including over the Internet), or |
10 | | public act or show intended to arouse or satisfy the sexual |
11 | | desires or appeal to the prurient interests of patrons. |
12 | | (10) "Trafficking victim" means a person subjected to |
13 | | the practices set forth in subsection (b), (c), or (d). |
14 | | (b) Involuntary servitude. A person commits the offense of |
15 | | involuntary servitude when he or she knowingly subjects, |
16 | | attempts to subject, or engages in a conspiracy to subject |
17 | | another person to forced labor or services obtained or |
18 | | maintained through any of the following means, or any |
19 | | combination of these means and : |
20 | | (1) causes or threatens to cause physical harm to any |
21 | | person; |
22 | | (2) physically restrains or threatens to physically |
23 | | restrain another person; |
24 | | (3) abuses or threatens to abuse the law or legal |
25 | | process; |
26 | | (4) knowingly destroys, conceals, removes, |
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1 | | confiscates, or possesses any actual or purported passport |
2 | | or other immigration document, or any other actual or |
3 | | purported government identification document, of another |
4 | | person; or |
5 | | (5) uses intimidation, or uses or threatens to cause |
6 | | financial harm to or exerts financial control over any |
7 | | person ; or . |
8 | | (6) uses any scheme, plan, or pattern intended to cause |
9 | | the person to believe that, if the person did not perform |
10 | | the labor or services, that person or another person would |
11 | | suffer serious harm or physical restraint. |
12 | | Sentence. Except as otherwise provided in subsection (e) or |
13 | | (f), a violation of subsection (b)(1) is a Class X felony, |
14 | | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) |
15 | | is a Class 3 felony, and (b)(5) and (b)(6) is a Class 4 felony. |
16 | | (c) Involuntary sexual servitude of a minor. A person |
17 | | commits the offense of involuntary sexual servitude of a minor |
18 | | when he or she knowingly recruits, entices, harbors, |
19 | | transports, provides, or obtains by any means, or attempts to |
20 | | recruit, entice, harbor, provide, or obtain by any means, |
21 | | another person under 18 years of age, knowing that the minor |
22 | | will engage in commercial sexual activity, a sexually-explicit |
23 | | performance, or the production of pornography, or causes or |
24 | | attempts to cause a minor to engage in one or more of those |
25 | | activities and: |
26 | | (1) there is no overt force or threat and the minor is |
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1 | | between the ages of 17 and 18 years; |
2 | | (2) there is no overt force or threat and the minor is |
3 | | under the age of 17 years; or |
4 | | (3) there is overt force or threat. |
5 | | Sentence. Except as otherwise provided in subsection (e) or |
6 | | (f), a violation of subsection (c)(1) is a Class 1 felony, |
7 | | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. |
8 | | (d) Trafficking in persons for forced labor or services . A |
9 | | person commits the offense of trafficking in persons for forced |
10 | | labor or services when he or she knowingly: (1) recruits, |
11 | | entices, harbors, transports, provides, or obtains by any |
12 | | means, or attempts to recruit, entice, harbor, transport, |
13 | | provide, or obtain by any means, another person, intending or |
14 | | knowing that the person will be subjected to involuntary |
15 | | servitude forced labor or services ; or (2) benefits, |
16 | | financially or by receiving anything of value, from |
17 | | participation in a venture that has engaged in an act of |
18 | | involuntary servitude or involuntary sexual servitude of a |
19 | | minor. |
20 | | Sentence. Except as otherwise provided in subsection (e) or |
21 | | (f), a violation of this subsection is a Class 1 felony. |
22 | | (e) Aggravating factors. A violation of this Section |
23 | | involving kidnapping or an attempt to kidnap, aggravated |
24 | | criminal sexual assault or an attempt to commit aggravated |
25 | | criminal sexual assault, or an attempt to commit first degree |
26 | | murder is a Class X felony. |
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1 | | (f) Sentencing considerations. |
2 | | (1) Bodily injury. If, pursuant to a violation of this |
3 | | Section, a victim
suffered bodily injury, the defendant may |
4 | | be sentenced to an extended-term sentence under Section |
5 | | 5-8-2 of the Unified Code of Corrections. The sentencing |
6 | | court must take into account the time in which the victim |
7 | | was held in servitude, with increased penalties for cases |
8 | | in which the victim was held for between 180 days and one |
9 | | year, and increased penalties for cases in which the victim |
10 | | was held for more than one year. |
11 | | (2) Number of victims. In determining sentences within |
12 | | statutory maximums, the sentencing court should take into |
13 | | account the number of victims, and may provide for |
14 | | substantially increased sentences in cases involving more |
15 | | than 10 victims. |
16 | | (g) Restitution. Restitution is mandatory under this |
17 | | Section. In addition to any other amount of loss identified, |
18 | | the court shall order restitution including the greater of (1) |
19 | | the gross income or value to the defendant of the victim's |
20 | | labor or services or (2) the value of the victim's labor as |
21 | | guaranteed under the Minimum Wage Law and overtime provisions |
22 | | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, |
23 | | whichever is greater. |
24 | | (h) Trafficking victim services. Subject to the |
25 | | availability of funds, the Department of Human Services may |
26 | | provide or fund emergency services and assistance to |
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1 | | individuals who are victims of one or more offenses defined in |
2 | | this Section.
|
3 | | (i) Certification. The Attorney General, a State's |
4 | | Attorney, or any law enforcement official shall certify in |
5 | | writing to the United States Department of Justice or other |
6 | | federal agency, such as the United States Department of |
7 | | Homeland Security, that an investigation or prosecution under |
8 | | this Section has begun and the individual who is a likely |
9 | | victim of a crime described in this Section is willing to |
10 | | cooperate or is cooperating with the investigation to enable |
11 | | the individual, if eligible under federal law, to qualify for |
12 | | an appropriate special immigrant visa and to access available |
13 | | federal benefits. Cooperation with law enforcement shall not be |
14 | | required of victims of a crime described in this Section who |
15 | | are under 18 years of age. This certification shall be made |
16 | | available to the victim and his or her designated legal |
17 | | representative. |
18 | | (j) A person who commits the offense of involuntary |
19 | | servitude, involuntary sexual servitude of a minor, or |
20 | | trafficking in persons for forced labor or services under |
21 | | subsection (b), (c), or (d) of this Section is subject to the |
22 | | property forfeiture provisions set forth in Article 124B of the |
23 | | Code of Criminal Procedure of 1963.
|
24 | | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. |
25 | | 1-1-10; 96-1000, eff. 7-2-10.) |
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1 | | (720 ILCS 5/14-3) |
2 | | Sec. 14-3. Exemptions. The following activities shall be
|
3 | | exempt from the provisions of this Article: |
4 | | (a) Listening to radio, wireless and television |
5 | | communications of
any sort where the same are publicly made; |
6 | | (b) Hearing conversation when heard by employees of any |
7 | | common
carrier by wire incidental to the normal course of their |
8 | | employment in
the operation, maintenance or repair of the |
9 | | equipment of such common
carrier by wire so long as no |
10 | | information obtained thereby is used or
divulged by the hearer; |
11 | | (c) Any broadcast by radio, television or otherwise whether |
12 | | it be a
broadcast or recorded for the purpose of later |
13 | | broadcasts of any
function where the public is in attendance |
14 | | and the conversations are
overheard incidental to the main |
15 | | purpose for which such broadcasts are
then being made; |
16 | | (d) Recording or listening with the aid of any device to |
17 | | any
emergency communication made in the normal course of |
18 | | operations by any
federal, state or local law enforcement |
19 | | agency or institutions dealing
in emergency services, |
20 | | including, but not limited to, hospitals,
clinics, ambulance |
21 | | services, fire fighting agencies, any public utility,
|
22 | | emergency repair facility, civilian defense establishment or |
23 | | military
installation; |
24 | | (e) Recording the proceedings of any meeting required to be |
25 | | open by
the Open Meetings Act, as amended; |
26 | | (f) Recording or listening with the aid of any device to |
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1 | | incoming
telephone calls of phone lines publicly listed or |
2 | | advertised as consumer
"hotlines" by manufacturers or |
3 | | retailers of food and drug products. Such
recordings must be |
4 | | destroyed, erased or turned over to local law
enforcement |
5 | | authorities within 24 hours from the time of such recording and
|
6 | | shall not be otherwise disseminated. Failure on the part of the |
7 | | individual
or business operating any such recording or |
8 | | listening device to comply with
the requirements of this |
9 | | subsection shall eliminate any civil or criminal
immunity |
10 | | conferred upon that individual or business by the operation of
|
11 | | this Section; |
12 | | (g) With prior notification to the State's Attorney of the
|
13 | | county in which
it is to occur, recording or listening with the |
14 | | aid of any device to any
conversation
where a law enforcement |
15 | | officer, or any person acting at the direction of law
|
16 | | enforcement, is a party to the conversation and has consented |
17 | | to it being
intercepted or recorded under circumstances where |
18 | | the use of the device is
necessary for the protection of the |
19 | | law enforcement officer or any person
acting at the direction |
20 | | of law enforcement, in the course of an
investigation
of a |
21 | | forcible felony, a felony offense of involuntary servitude, |
22 | | involuntary sexual servitude of a minor, trafficking in |
23 | | persons, or trafficking in persons for forced labor or services |
24 | | under Section 10-9 of this Code, an offense involving |
25 | | prostitution, solicitation of a sexual act, or pandering, a |
26 | | felony violation of the Illinois Controlled Substances
Act, a |
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1 | | felony violation of the Cannabis Control Act, a felony |
2 | | violation of the Methamphetamine Control and Community |
3 | | Protection Act, any "streetgang
related" or "gang-related" |
4 | | felony as those terms are defined in the Illinois
Streetgang |
5 | | Terrorism Omnibus Prevention Act, or any felony offense |
6 | | involving any weapon listed in paragraphs (1) through (11) of |
7 | | subsection (a) of Section 24-1 of this Code.
Any recording or |
8 | | evidence derived
as the
result of this exemption shall be |
9 | | inadmissible in any proceeding, criminal,
civil or
|
10 | | administrative, except (i) where a party to the conversation |
11 | | suffers great
bodily injury or is killed during such |
12 | | conversation, or
(ii)
when used as direct impeachment of a |
13 | | witness concerning matters contained in
the interception or |
14 | | recording. The Director of the
Department of
State Police shall |
15 | | issue regulations as are necessary concerning the use of
|
16 | | devices, retention of tape recordings, and reports regarding |
17 | | their
use; |
18 | | (g-5) With approval of the State's Attorney of the county |
19 | | in
which it is to occur, recording or listening with the aid of |
20 | | any device to any
conversation where a law enforcement officer, |
21 | | or any person acting at the
direction of law enforcement, is a |
22 | | party to the conversation and has consented
to it being |
23 | | intercepted or recorded in the course of an investigation of |
24 | | any
offense defined in Article 29D of this Code.
In all such |
25 | | cases, an application for an order approving
the previous or |
26 | | continuing use of an eavesdropping
device must be made within |
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1 | | 48 hours of the commencement of
such use. In the absence of |
2 | | such an order, or upon its denial,
any continuing use shall |
3 | | immediately terminate.
The Director of
State Police shall issue |
4 | | rules as are necessary concerning the use of
devices, retention |
5 | | of tape recordings, and reports regarding their use. |
6 | | Any recording or evidence obtained or derived in the course |
7 | | of an
investigation of any offense defined in Article 29D of |
8 | | this Code shall, upon
motion of the State's Attorney or |
9 | | Attorney General prosecuting any violation of
Article 29D, be |
10 | | reviewed in camera with notice to all parties present by the
|
11 | | court presiding over the criminal
case, and, if ruled by the |
12 | | court to be relevant and otherwise admissible,
it shall be |
13 | | admissible at the trial of the criminal
case. |
14 | | This subsection (g-5) is inoperative on and after January |
15 | | 1, 2005.
No conversations recorded or monitored pursuant to |
16 | | this subsection (g-5)
shall be inadmissible in a court of law |
17 | | by virtue of the repeal of this
subsection (g-5) on January 1, |
18 | | 2005; |
19 | | (g-6) With approval of the State's Attorney of the county |
20 | | in which it is to occur, recording or listening with the aid of |
21 | | any device to any conversation where a law enforcement officer, |
22 | | or any person acting at the direction of law enforcement, is a |
23 | | party to the conversation and has consented to it being |
24 | | intercepted or recorded in the course of an investigation of |
25 | | involuntary servitude, involuntary sexual servitude of a |
26 | | minor, trafficking in persons, trafficking in persons for |
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1 | | forced labor or services, child pornography, aggravated child |
2 | | pornography, indecent solicitation of a child, child |
3 | | abduction, luring of a minor, sexual exploitation of a child, |
4 | | predatory criminal sexual assault of a child, aggravated |
5 | | criminal sexual abuse in which the victim of the offense was at |
6 | | the time of the commission of the offense under 18 years of |
7 | | age, criminal sexual abuse by force or threat of force in which |
8 | | the victim of the offense was at the time of the commission of |
9 | | the offense under 18 years of age, or aggravated criminal |
10 | | sexual assault in which the victim of the offense was at the |
11 | | time of the commission of the offense under 18 years of age. In |
12 | | all such cases, an application for an order approving the |
13 | | previous or continuing use of an eavesdropping device must be |
14 | | made within 48 hours of the commencement of such use. In the |
15 | | absence of such an order, or upon its denial, any continuing |
16 | | use shall immediately terminate. The Director of State Police |
17 | | shall issue rules as are necessary concerning the use of |
18 | | devices, retention of recordings, and reports regarding their |
19 | | use.
Any recording or evidence obtained or derived in the |
20 | | course of an investigation of involuntary servitude, |
21 | | involuntary sexual servitude of a minor, trafficking in |
22 | | persons, trafficking in persons for forced labor or services, |
23 | | child pornography, aggravated child pornography, indecent |
24 | | solicitation of a child, child abduction, luring of a minor, |
25 | | sexual exploitation of a child, predatory criminal sexual |
26 | | assault of a child, aggravated criminal sexual abuse in which |
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1 | | the victim of the offense was at the time of the commission of |
2 | | the offense under 18 years of age, criminal sexual abuse by |
3 | | force or threat of force in which the victim of the offense was |
4 | | at the time of the commission of the offense under 18 years of |
5 | | age, or aggravated criminal sexual assault in which the victim |
6 | | of the offense was at the time of the commission of the offense |
7 | | under 18 years of age shall, upon motion of the State's |
8 | | Attorney or Attorney General prosecuting any case involving |
9 | | involuntary servitude, involuntary sexual servitude of a |
10 | | minor, trafficking in persons, trafficking in persons for |
11 | | forced labor or services, child pornography, aggravated child |
12 | | pornography, indecent solicitation of a child, child |
13 | | abduction, luring of a minor, sexual exploitation of a child, |
14 | | predatory criminal sexual assault of a child, aggravated |
15 | | criminal sexual abuse in which the victim of the offense was at |
16 | | the time of the commission of the offense under 18 years of |
17 | | age, criminal sexual abuse by force or threat of force in which |
18 | | the victim of the offense was at the time of the commission of |
19 | | the offense under 18 years of age, or aggravated criminal |
20 | | sexual assault in which the victim of the offense was at the |
21 | | time of the commission of the offense under 18 years of age, be |
22 | | reviewed in camera with notice to all parties present by the |
23 | | court presiding over the criminal case, and, if ruled by the |
24 | | court to be relevant and otherwise admissible, it shall be |
25 | | admissible at the trial of the criminal case. Absent such a |
26 | | ruling, any such recording or evidence shall not be admissible |
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1 | | at the trial of the criminal case; |
2 | | (h) Recordings made simultaneously with the use of an |
3 | | in-car video camera recording of an oral
conversation between a |
4 | | uniformed peace officer, who has identified his or her office, |
5 | | and
a person in the presence of the peace officer whenever (i) |
6 | | an officer assigned a patrol vehicle is conducting an |
7 | | enforcement stop; or (ii) patrol vehicle emergency lights are |
8 | | activated or would otherwise be activated if not for the need |
9 | | to conceal the presence of law enforcement. |
10 | | For the purposes of this subsection (h), "enforcement stop" |
11 | | means an action by a law enforcement officer in relation to |
12 | | enforcement and investigation duties, including but not |
13 | | limited to, traffic stops, pedestrian stops, abandoned vehicle |
14 | | contacts, motorist assists, commercial motor vehicle stops, |
15 | | roadside safety checks, requests for identification, or |
16 | | responses to requests for emergency assistance; |
17 | | (h-5) Recordings of utterances made by a person while in |
18 | | the presence of a uniformed peace officer and while an occupant |
19 | | of a police vehicle including, but not limited to, (i) |
20 | | recordings made simultaneously with the use of an in-car video |
21 | | camera and (ii) recordings made in the presence of the peace |
22 | | officer utilizing video or audio systems, or both, authorized |
23 | | by the law enforcement agency; |
24 | | (h-10) Recordings made simultaneously with a video camera |
25 | | recording during
the use of a taser or similar weapon or device |
26 | | by a peace officer if the weapon or device is equipped with |
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1 | | such camera; |
2 | | (h-15) Recordings made under subsection (h), (h-5), or |
3 | | (h-10) shall be retained by the law enforcement agency that |
4 | | employs the peace officer who made the recordings for a storage |
5 | | period of 90 days, unless the recordings are made as a part of |
6 | | an arrest or the recordings are deemed evidence in any |
7 | | criminal, civil, or administrative proceeding and then the |
8 | | recordings must only be destroyed upon a final disposition and |
9 | | an order from the court. Under no circumstances shall any |
10 | | recording be altered or erased prior to the expiration of the |
11 | | designated storage period. Upon completion of the storage |
12 | | period, the recording medium may be erased and reissued for |
13 | | operational use; |
14 | | (i) Recording of a conversation made by or at the request |
15 | | of a person, not a
law enforcement officer or agent of a law |
16 | | enforcement officer, who is a party
to the conversation, under |
17 | | reasonable suspicion that another party to the
conversation is |
18 | | committing, is about to commit, or has committed a criminal
|
19 | | offense against the person or a member of his or her immediate |
20 | | household, and
there is reason to believe that evidence of the |
21 | | criminal offense may be
obtained by the recording; |
22 | | (j) The use of a telephone monitoring device by either (1) |
23 | | a
corporation or other business entity engaged in marketing or |
24 | | opinion research
or (2) a corporation or other business entity |
25 | | engaged in telephone
solicitation, as
defined in this |
26 | | subsection, to record or listen to oral telephone solicitation
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1 | | conversations or marketing or opinion research conversations |
2 | | by an employee of
the corporation or other business entity |
3 | | when: |
4 | | (i) the monitoring is used for the purpose of service |
5 | | quality control of
marketing or opinion research or |
6 | | telephone solicitation, the education or
training of |
7 | | employees or contractors
engaged in marketing or opinion |
8 | | research or telephone solicitation, or internal
research |
9 | | related to marketing or
opinion research or telephone
|
10 | | solicitation; and |
11 | | (ii) the monitoring is used with the consent of at |
12 | | least one person who
is an active party to the marketing or |
13 | | opinion research conversation or
telephone solicitation |
14 | | conversation being
monitored. |
15 | | No communication or conversation or any part, portion, or |
16 | | aspect of the
communication or conversation made, acquired, or |
17 | | obtained, directly or
indirectly,
under this exemption (j), may |
18 | | be, directly or indirectly, furnished to any law
enforcement |
19 | | officer, agency, or official for any purpose or used in any |
20 | | inquiry
or investigation, or used, directly or indirectly, in |
21 | | any administrative,
judicial, or other proceeding, or divulged |
22 | | to any third party. |
23 | | When recording or listening authorized by this subsection |
24 | | (j) on telephone
lines used for marketing or opinion research |
25 | | or telephone solicitation purposes
results in recording or
|
26 | | listening to a conversation that does not relate to marketing |
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1 | | or opinion
research or telephone solicitation; the
person |
2 | | recording or listening shall, immediately upon determining |
3 | | that the
conversation does not relate to marketing or opinion |
4 | | research or telephone
solicitation, terminate the recording
or |
5 | | listening and destroy any such recording as soon as is |
6 | | practicable. |
7 | | Business entities that use a telephone monitoring or |
8 | | telephone recording
system pursuant to this exemption (j) shall |
9 | | provide current and prospective
employees with notice that the |
10 | | monitoring or recordings may occur during the
course of their |
11 | | employment. The notice shall include prominent signage
|
12 | | notification within the workplace. |
13 | | Business entities that use a telephone monitoring or |
14 | | telephone recording
system pursuant to this exemption (j) shall |
15 | | provide their employees or agents
with access to personal-only |
16 | | telephone lines which may be pay telephones, that
are not |
17 | | subject to telephone monitoring or telephone recording. |
18 | | For the purposes of this subsection (j), "telephone |
19 | | solicitation" means a
communication through the use of a |
20 | | telephone by live operators: |
21 | | (i) soliciting the sale of goods or services; |
22 | | (ii) receiving orders for the sale of goods or |
23 | | services; |
24 | | (iii) assisting in the use of goods or services; or |
25 | | (iv) engaging in the solicitation, administration, or |
26 | | collection of bank
or
retail credit accounts. |
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1 | | For the purposes of this subsection (j), "marketing or |
2 | | opinion research"
means
a marketing or opinion research |
3 | | interview conducted by a live telephone
interviewer engaged by |
4 | | a corporation or other business entity whose principal
business |
5 | | is the design, conduct, and analysis of polls and surveys |
6 | | measuring
the
opinions, attitudes, and responses of |
7 | | respondents toward products and services,
or social or |
8 | | political issues, or both; |
9 | | (k) Electronic recordings, including but not limited to, a |
10 | | motion picture,
videotape, digital, or other visual or audio |
11 | | recording, made of a custodial
interrogation of an individual |
12 | | at a police station or other place of detention
by a law |
13 | | enforcement officer under Section 5-401.5 of the Juvenile Court |
14 | | Act of
1987 or Section 103-2.1 of the Code of Criminal |
15 | | Procedure of 1963; |
16 | | (l) Recording the interview or statement of any person when |
17 | | the person
knows that the interview is being conducted by a law |
18 | | enforcement officer or
prosecutor and the interview takes place |
19 | | at a police station that is currently
participating in the |
20 | | Custodial Interview Pilot Program established under the
|
21 | | Illinois Criminal Justice Information Act; |
22 | | (m) An electronic recording, including but not limited to, |
23 | | a motion picture,
videotape, digital, or other visual or audio |
24 | | recording, made of the interior of a school bus while the |
25 | | school bus is being used in the transportation of students to |
26 | | and from school and school-sponsored activities, when the |
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1 | | school board has adopted a policy authorizing such recording, |
2 | | notice of such recording policy is included in student |
3 | | handbooks and other documents including the policies of the |
4 | | school, notice of the policy regarding recording is provided to |
5 | | parents of students, and notice of such recording is clearly |
6 | | posted on the door of and inside the school bus.
|
7 | | Recordings made pursuant to this subsection (m) shall be |
8 | | confidential records and may only be used by school officials |
9 | | (or their designees) and law enforcement personnel for |
10 | | investigations, school disciplinary actions and hearings, |
11 | | proceedings under the Juvenile Court Act of 1987, and criminal |
12 | | prosecutions, related to incidents occurring in or around the |
13 | | school bus; |
14 | | (n)
Recording or listening to an audio transmission from a |
15 | | microphone placed by a person under the authority of a law |
16 | | enforcement agency inside a bait car surveillance vehicle while |
17 | | simultaneously capturing a photographic or video image; |
18 | | (o) The use of an eavesdropping camera or audio device |
19 | | during an ongoing hostage or barricade situation by a law |
20 | | enforcement officer or individual acting on behalf of a law |
21 | | enforcement officer when the use of such device is necessary to |
22 | | protect the safety of the general public, hostages, or law |
23 | | enforcement officers or anyone acting on their behalf; and |
24 | | (p) Recording or listening with the aid of any device to |
25 | | incoming telephone calls of phone lines publicly listed or |
26 | | advertised as the "CPS Violence Prevention Hotline", but only |
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1 | | where the notice of recording is given at the beginning of each |
2 | | call as required by Section 34-21.8 of the School Code. The |
3 | | recordings may be retained only by the Chicago Police |
4 | | Department or other law enforcement authorities, and shall not |
5 | | be otherwise retained or disseminated. |
6 | | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; |
7 | | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. |
8 | | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, |
9 | | eff. 8-12-11.) |
10 | | (720 ILCS 5/36.5-5) |
11 | | Sec. 36.5-5. Vehicle impoundment. |
12 | | (a) In addition to any other penalty , fee or forfeiture |
13 | | provided by law, a peace officer who arrests a person for a |
14 | | violation of Section 10-9, 11-14 10-14 , 11-14.1, 11-14.3, |
15 | | 11-14.4, 11-18, or 11-18.1 of this Code or related municipal |
16 | | ordinance , may tow and impound any vehicle used by the person |
17 | | in the commission of the violation offense . The person arrested |
18 | | for one or more such violations shall be charged a $1,000 fee, |
19 | | to be paid to the law enforcement agency unit of government |
20 | | that made the arrest or its designated representative . The |
21 | | person may recover the vehicle from the impound after a minimum |
22 | | of 2 hours after arrest upon payment of the fee. |
23 | | (b) $500 of the fee shall be distributed to the law |
24 | | enforcement agency unit of government whose peace officers made |
25 | | the arrest, for the costs incurred by the law enforcement |
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1 | | agency unit of government to investigate and to tow and impound |
2 | | the vehicle. Upon the defendant's conviction of one or more of |
3 | | the violations offenses in connection with which the vehicle |
4 | | was impounded and the fee imposed under this Section, the |
5 | | remaining $500 of the fee shall be deposited into the DHS State |
6 | | Projects Violent Crime Victims Assistance Fund and shall be |
7 | | used by the Department of Human Services to make grants to |
8 | | non-governmental organizations to provide services for persons |
9 | | encountered during the course of an investigation into any |
10 | | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, |
11 | | 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, |
12 | | 11-19.1, or 11-19.2 of this Code, provided such persons |
13 | | constitute prostituted persons or other victims of human |
14 | | trafficking. |
15 | | (c) Upon the presentation by the defendant of a signed |
16 | | court order showing that the defendant has been acquitted of |
17 | | all of the violations offenses in connection with which a |
18 | | vehicle was impounded and a fee imposed under this Section, or |
19 | | that the charges against the defendant for those violations |
20 | | offenses have been dismissed, the law enforcement agency unit |
21 | | of government shall refund the $1,000 fee to the defendant.
|
22 | | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. |
23 | | 1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
|
24 | | Section 20. The Code of Criminal Procedure of 1963 is |
25 | | amended by changing the heading of Part 300 of Article 124B and |
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1 | | Sections 108B-3, 116-2.1, 124B-10, 124B-100, and 124B-305 as |
2 | | follows: |
3 | | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) |
4 | | Sec. 108B-3. Authorization for the interception of private
|
5 | | communication. |
6 | | (a) The State's Attorney, or a person
designated in writing |
7 | | or
by law to act for him and to perform his duties during his |
8 | | absence or
disability, may authorize, in writing, an ex parte |
9 | | application to the chief
judge of a court of competent |
10 | | jurisdiction for an order authorizing the
interception of a |
11 | | private communication when no
party has consented to
the |
12 | | interception and (i) the interception may provide evidence of, |
13 | | or may
assist in the apprehension of a person who has |
14 | | committed, is committing or
is about to commit, a violation of |
15 | | Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation |
16 | | of murder for hire), 9-1 (first degree murder), 10-9 |
17 | | (involuntary servitude, involuntary sexual servitude of a |
18 | | minor, trafficking in persons, or trafficking in persons for |
19 | | forced labor or services), 11-15.1 (soliciting for a minor |
20 | | engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping |
21 | | a place of juvenile prostitution), 11-18.1 (patronizing a minor |
22 | | engaged in prostitution), 11-19.1 (juvenile pimping and |
23 | | aggravated juvenile pimping), or 29B-1
(money laundering) of |
24 | | the Criminal Code of 1961,
Section 401, 401.1 (controlled |
25 | | substance
trafficking), 405, 405.1 (criminal drug conspiracy) |
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1 | | or 407 of the Illinois
Controlled Substances Act or any Section |
2 | | of the Methamphetamine Control and Community Protection Act, a |
3 | | violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, |
4 | | 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
|
5 | | 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the |
6 | | Criminal Code of 1961
or conspiracy to commit money laundering |
7 | | or
conspiracy to commit first degree murder; (ii)
in response |
8 | | to a clear and present danger of imminent death or great bodily
|
9 | | harm to persons resulting from: (1) a kidnapping or the holding |
10 | | of a
hostage by force or the threat of the imminent use of |
11 | | force; or (2) the
occupation by force or the threat of the |
12 | | imminent use of force of any
premises, place, vehicle, vessel |
13 | | or aircraft; (iii) to aid an investigation
or prosecution of a |
14 | | civil action brought under the Illinois Streetgang
Terrorism |
15 | | Omnibus Prevention Act when there is probable cause to
believe |
16 | | the
interception of the private communication will
provide |
17 | | evidence that a
streetgang is committing, has committed, or |
18 | | will commit a second or subsequent
gang-related offense or that |
19 | | the interception of the private
communication
will aid in the |
20 | | collection of a judgment entered under that Act; or (iv)
upon
|
21 | | information and belief that a streetgang has committed, is |
22 | | committing, or is
about to commit a felony. |
23 | | (b) The State's Attorney or a person designated in writing |
24 | | or by law to
act for the State's Attorney and to perform his or |
25 | | her duties during his or her
absence or disability, may |
26 | | authorize, in writing, an ex parte application to
the chief |
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1 | | judge of a circuit court for an order authorizing
the |
2 | | interception of a private communication when no
party has |
3 | | consented to the interception and the interception may provide
|
4 | | evidence of, or may assist in the apprehension of a person who |
5 | | has committed,
is committing or is about to commit, a violation |
6 | | of an offense under Article
29D of the Criminal Code of 1961. |
7 | | (b-1) Subsection (b) is inoperative on and after January 1, |
8 | | 2005. |
9 | | (b-2) No conversations recorded or monitored pursuant to |
10 | | subsection (b)
shall be made inadmissible in a court of law by |
11 | | virtue of subsection (b-1). |
12 | | (c) As used in this Section, "streetgang" and |
13 | | "gang-related" have the
meanings ascribed to them in Section 10 |
14 | | of the Illinois Streetgang Terrorism
Omnibus Prevention Act. |
15 | | (Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10; |
16 | | 96-1464, eff. 8-20-10.) |
17 | | (725 ILCS 5/116-2.1) |
18 | | Sec. 116-2.1. Motion to vacate prostitution convictions |
19 | | for sex trafficking victims. |
20 | | (a) A motion under this Section may be filed at any time |
21 | | following the entry of a verdict or finding of guilty where the |
22 | | conviction was under Section 11-14 (prostitution) or Section |
23 | | 11-14.2 (first offender; felony prostitution) of the Criminal |
24 | | Code of 1961 or a similar local ordinance and the defendant's |
25 | | participation in the offense was a result of having been a |
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1 | | trafficking victim under Section 10-9 (involuntary servitude, |
2 | | involuntary sexual servitude of a minor, trafficking in |
3 | | persons, or trafficking in persons for forced labor or |
4 | | services) of the Criminal Code of 1961; or a victim of a severe |
5 | | form of trafficking under the federal Trafficking Victims |
6 | | Protection Act (22 U.S.C. Section 7102(13)); provided that: |
7 | | (1) a motion under this Section shall state why the |
8 | | facts giving rise to this motion were not presented to the |
9 | | trial court, and shall be made with due diligence, after |
10 | | the defendant has ceased to be a victim of such trafficking |
11 | | or has sought services for victims of such trafficking, |
12 | | subject to reasonable concerns for the safety of the |
13 | | defendant, family members of the defendant, or other |
14 | | victims of such trafficking that may be jeopardized by the |
15 | | bringing of such motion, or for other reasons consistent |
16 | | with the purpose of this Section; and |
17 | | (2) reasonable notice of the motion shall be served |
18 | | upon the State. |
19 | | (b) The court may grant the motion if, in the discretion of |
20 | | the court, the violation was a result of the defendant having |
21 | | been a victim of human trafficking. Evidence of such may |
22 | | include, but is not limited to: |
23 | | (1) certified records of federal or State court |
24 | | proceedings which demonstrate that the defendant was a |
25 | | victim of a trafficker charged with a trafficking offense |
26 | | under Section 10-9 of the Criminal Code of 1961 or under 22 |
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1 | | U.S.C. Chapter 78; |
2 | | (2) certified records of "approval notices" or "law |
3 | | enforcement certifications" generated from federal |
4 | | immigration proceedings available to such victims; or |
5 | | (3) a sworn statement from a trained professional staff |
6 | | of a victim services organization, an attorney, a member of |
7 | | the clergy, or a medical or other professional from whom |
8 | | the defendant has sought assistance in addressing the |
9 | | trauma associated with being trafficked. |
10 | | Alternatively, the court may consider such other evidence |
11 | | as it deems of sufficient credibility and probative value in |
12 | | determining whether the defendant is a trafficking victim or |
13 | | victim of a severe form of trafficking. |
14 | | (c) If the court grants a motion under this Section, it |
15 | | must vacate the conviction and may take such additional action |
16 | | as is appropriate in the circumstances.
|
17 | | (Source: P.A. 97-267, eff. 1-1-12.) |
18 | | (725 ILCS 5/124B-10) |
19 | | Sec. 124B-10. Applicability; offenses. This Article |
20 | | applies to forfeiture of property in connection with the |
21 | | following: |
22 | | (1) A violation of Section 10-9 or 10A-10 of the |
23 | | Criminal Code of 1961 (involuntary servitude; involuntary |
24 | | servitude of a minor; trafficking in persons; trafficking |
25 | | of persons for forced labor or services). |
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1 | | (2) A violation of subdivision (a)(1) of Section |
2 | | 11-14.4 of the Criminal Code of 1961 (promoting juvenile |
3 | | prostitution) or a violation of Section 11-17.1 of the |
4 | | Criminal Code of 1961 (keeping a place of juvenile |
5 | | prostitution). |
6 | | (3) A violation of subdivision (a)(4) of Section |
7 | | 11-14.4 of the Criminal Code of 1961 (promoting juvenile |
8 | | prostitution) or a violation of Section 11-19.2 of the |
9 | | Criminal Code of 1961 (exploitation of a child). |
10 | | (4) A violation of Section 11-20 of the Criminal Code |
11 | | of 1961 (obscenity). |
12 | | (5) A second or subsequent violation of Section 11-20.1 |
13 | | of the Criminal Code of 1961 (child pornography). |
14 | | (6) A violation of Section 11-20.1B or 11-20.3 of the |
15 | | Criminal Code of 1961 (aggravated child pornography). |
16 | | (7) A violation of Section 16D-5 of the Criminal Code |
17 | | of 1961 (computer fraud). |
18 | | (8) A felony violation of Article 17B of the Criminal |
19 | | Code of 1961 (WIC fraud). |
20 | | (9) A felony violation of Section 26-5 of the Criminal |
21 | | Code of 1961 (dog fighting). |
22 | | (10) A violation of Article 29D of the Criminal Code of |
23 | | 1961 (terrorism). |
24 | | (11) A felony violation of Section 4.01 of the Humane |
25 | | Care for Animals Act (animals in entertainment).
|
26 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) |
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1 | | (725 ILCS 5/124B-100) |
2 | | Sec. 124B-100. Definition; "offense". For purposes of this |
3 | | Article, "offense" is defined as follows: |
4 | | (1) In the case of forfeiture authorized under Section |
5 | | 10A-15 of the Criminal Code of 1961, "offense" means the |
6 | | offense of involuntary servitude, involuntary servitude of |
7 | | a minor, trafficking in persons, or trafficking of persons |
8 | | for forced labor or services in violation of Section 10-9 |
9 | | or 10A-10 of that Code. |
10 | | (2) In the case of forfeiture authorized under |
11 | | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, |
12 | | of the Criminal Code of 1961, "offense" means the offense |
13 | | of promoting juvenile prostitution or keeping a place of |
14 | | juvenile prostitution in violation of subdivision (a)(1) |
15 | | of Section 11-14.4, or Section 11-17.1, of that Code. |
16 | | (3) In the case of forfeiture authorized under |
17 | | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, |
18 | | of the Criminal Code of 1961, "offense" means the offense |
19 | | of promoting juvenile prostitution or exploitation of a |
20 | | child in violation of subdivision (a)(4) of Section |
21 | | 11-14.4, or Section 11-19.2, of that Code. |
22 | | (4) In the case of forfeiture authorized under Section |
23 | | 11-20 of the Criminal Code of 1961, "offense" means the |
24 | | offense of obscenity in violation of that Section. |
25 | | (5) In the case of forfeiture authorized under Section |
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1 | | 11-20.1 of the Criminal Code of 1961, "offense" means the |
2 | | offense of child pornography in violation of Section |
3 | | 11-20.1 of that Code. |
4 | | (6) In the case of forfeiture authorized under Section |
5 | | 11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense" |
6 | | means the offense of aggravated child pornography in |
7 | | violation of Section 11-20.1B or 11-20.3 of that Code. |
8 | | (7) In the case of forfeiture authorized under Section |
9 | | 16D-6 of the Criminal Code of 1961, "offense" means the |
10 | | offense of computer fraud in violation of Section 16D-5 of |
11 | | that Code. |
12 | | (8) In the case of forfeiture authorized under Section |
13 | | 17B-25 of the Criminal Code of 1961, "offense" means any |
14 | | felony violation of Article 17B of that Code. |
15 | | (9) In the case of forfeiture authorized under Section |
16 | | 29D-65 of the Criminal Code of 1961, "offense" means any |
17 | | offense under Article 29D of that Code. |
18 | | (10) In the case of forfeiture authorized under Section |
19 | | 4.01 of the Humane Care for Animals Act or Section 26-5 of |
20 | | the Criminal Code of 1961, "offense" means any felony |
21 | | offense under either of those Sections.
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22 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11 .) |
23 | | (725 ILCS 5/Art. 124B Pt. 300 heading)
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24 | | Part 300. Forfeiture; Involuntary Servitude |
25 | | and Trafficking in of Persons
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1 | | (Source: P.A. 96-712, eff. 1-1-10.) |
2 | | (725 ILCS 5/124B-305)
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3 | | Sec. 124B-305. Distribution of property and sale proceeds. |
4 | | All moneys and the sale proceeds of all other property |
5 | | forfeited and seized under this Part 300 shall be distributed |
6 | | as follows: |
7 | | (1) 50% shall be divided equally between all State |
8 | | agencies and units of local government whose officers or |
9 | | employees conducted the investigation that resulted in the |
10 | | forfeiture. |
11 | | (2) 50% shall be deposited into the Violent Crime |
12 | | Victims Assistance Fund and targeted to services for |
13 | | victims of the offenses of involuntary servitude, |
14 | | involuntary servitude of a minor, trafficking in persons, |
15 | | and trafficking of persons for forced labor or services.
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16 | | (Source: P.A. 96-712, eff. 1-1-10.) |
17 | | Section 25. The Predator Accountability Act is amended by |
18 | | changing Section 10 as follows: |
19 | | (740 ILCS 128/10)
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20 | | Sec. 10. Definitions. As used in this Act: |
21 | | "Sex trade" means any act, which if proven beyond a |
22 | | reasonable doubt could support a conviction for a violation or |
23 | | attempted violation of any of the following Sections of the |
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1 | | Criminal Code of 1961: 11-14.3 (promoting prostitution); |
2 | | 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting |
3 | | for a prostitute); 11-15.1 (soliciting for a juvenile |
4 | | prostitute); 11-16 (pandering); 11-17 (keeping a place of |
5 | | prostitution); 11-17.1 (keeping a place of juvenile |
6 | | prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and |
7 | | aggravated juvenile pimping); 11-19.2 (exploitation of a |
8 | | child); 11-20 (obscenity); 11-20.1 (child pornography); or |
9 | | 11-20.1B or 11-20.3 (aggravated child pornography); or Section |
10 | | 10-9 of the Criminal Code of 1961 (trafficking in of persons |
11 | | and involuntary servitude). |
12 | | "Sex trade" activity may involve adults and youth of all |
13 | | genders and sexual orientations.
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14 | | "Victim of the sex trade" means, for the following sex |
15 | | trade acts, the person or persons indicated: |
16 | | (1) soliciting for a prostitute: the prostitute who is |
17 | | the object of the solicitation; |
18 | | (2) soliciting for a juvenile prostitute: the juvenile |
19 | | prostitute, or severely or profoundly intellectually |
20 | | disabled person, who is the object of the solicitation; |
21 | | (3) promoting prostitution as described in subdivision |
22 | | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal |
23 | | Code of 1961, or pandering: the person intended or |
24 | | compelled to act as a prostitute; |
25 | | (4) keeping a place of prostitution: any person |
26 | | intended or compelled to act as a prostitute, while present |
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1 | | at the place, during the time period in question; |
2 | | (5) keeping a place of juvenile prostitution: any |
3 | | juvenile intended or compelled to act as a prostitute, |
4 | | while present at the place, during the time period in |
5 | | question; |
6 | | (6) promoting prostitution as described in subdivision |
7 | | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, |
8 | | or pimping: the prostitute from whom anything of value is |
9 | | received; |
10 | | (7) promoting juvenile prostitution as described in |
11 | | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the |
12 | | Criminal Code of 1961, or juvenile pimping and aggravated |
13 | | juvenile pimping: the juvenile, or severely or profoundly |
14 | | intellectually disabled person, from whom anything of |
15 | | value is received for that person's act of prostitution; |
16 | | (8) promoting juvenile prostitution as described in |
17 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code |
18 | | of 1961, or exploitation of a child: the juvenile, or |
19 | | severely or profoundly intellectually disabled person, |
20 | | intended or compelled to act as a prostitute or from whom |
21 | | anything of value is received for that person's act of |
22 | | prostitution; |
23 | | (9) obscenity: any person who appears in or is |
24 | | described or depicted in the offending conduct or material; |
25 | | (10) child pornography or aggravated child |
26 | | pornography: any child, or severely or profoundly |
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1 | | intellectually disabled person, who appears in or is |
2 | | described or depicted in the offending conduct or material; |
3 | | or |
4 | | (11) trafficking of persons or involuntary servitude: |
5 | | a "trafficking victim" as defined in Section 10-9 of the |
6 | | Criminal Code of 1961.
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7 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; |
8 | | 97-227, eff. 1-1-12; revised 9-15-11.) |