Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

CRIMINAL OFFENSES
(720 ILCS 5/) Criminal Code of 2012.

720 ILCS 5/Art. 12C

 
    (720 ILCS 5/Art. 12C heading)
ARTICLE 12C. HARMS TO CHILDREN
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/Art. 12C, Subdiv. 1

 
    (720 ILCS 5/Art. 12C, Subdiv. 1 heading)
SUBDIVISION 1. ENDANGERMENT AND NEGLECT OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-5

    (720 ILCS 5/12C-5) (was 720 ILCS 5/12-21.6)
    Sec. 12C-5. Endangering the life or health of a child.
    (a) A person commits endangering the life or health of a child when he or she knowingly: (1) causes or permits the life or health of a child under the age of 18 to be endangered; or (2) causes or permits a child to be placed in circumstances that endanger the child's life or health. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) A trier of fact may infer that a child 6 years of age or younger is unattended if that child is left in a motor vehicle for more than 10 minutes.
    (c) "Unattended" means either: (i) not accompanied by a person 14 years of age or older; or (ii) if accompanied by a person 14 years of age or older, out of sight of that person.
    (d) Sentence. A violation of this Section is a Class A misdemeanor. A second or subsequent violation of this Section is a Class 3 felony. A violation of this Section that is a proximate cause of the death of the child is a Class 3 felony for which a person, if sentenced to a term of imprisonment, shall be sentenced to a term of not less than 2 years and not more than 10 years. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-10

    (720 ILCS 5/12C-10) (was 720 ILCS 5/12-21.5)
    Sec. 12C-10. Child abandonment.
    (a) A person commits child abandonment when he or she, as a parent, guardian, or other person having physical custody or control of a child, without regard for the mental or physical health, safety, or welfare of that child, knowingly leaves that child who is under the age of 13 without supervision by a responsible person over the age of 14 for a period of 24 hours or more. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) For the purposes of determining whether the child was left without regard for the mental or physical health, safety, or welfare of that child, the trier of fact shall consider the following factors:
        (1) the age of the child;
        (2) the number of children left at the location;
        (3) special needs of the child, including whether the
    
child is a person with a physical or mental disability, or otherwise in need of ongoing prescribed medical treatment such as periodic doses of insulin or other medications;
        (4) the duration of time in which the child was left
    
without supervision;
        (5) the condition and location of the place where the
    
child was left without supervision;
        (6) the time of day or night when the child was left
    
without supervision;
        (7) the weather conditions, including whether the
    
child was left in a location with adequate protection from the natural elements such as adequate heat or light;
        (8) the location of the parent, guardian, or other
    
person having physical custody or control of the child at the time the child was left without supervision, the physical distance the child was from the parent, guardian, or other person having physical custody or control of the child at the time the child was without supervision;
        (9) whether the child's movement was restricted, or
    
the child was otherwise locked within a room or other structure;
        (10) whether the child was given a phone number of a
    
person or location to call in the event of an emergency and whether the child was capable of making an emergency call;
        (11) whether there was food and other provision left
    
for the child;
        (12) whether any of the conduct is attributable to
    
economic hardship or illness and the parent, guardian or other person having physical custody or control of the child made a good faith effort to provide for the health and safety of the child;
        (13) the age and physical and mental capabilities of
    
the person or persons who provided supervision for the child;
        (14) any other factor that would endanger the health
    
or safety of that particular child;
        (15) whether the child was left under the supervision
    
of another person.
    (c) Child abandonment is a Class 4 felony. A second or subsequent offense after a prior conviction is a Class 3 felony. A parent, who is found to be in violation of this Section with respect to his or her child, may be sentenced to probation for this offense pursuant to Section 12C-15.
(Source: P.A. 98-756, eff. 7-16-14; 99-143, eff. 7-27-15.)

720 ILCS 5/12C-15

    (720 ILCS 5/12C-15) (was 720 ILCS 5/12-22)
    Sec. 12C-15. Child abandonment or endangerment; probation.
    (a) Whenever a parent of a child as determined by the court on the facts before it, pleads guilty to or is found guilty of, with respect to his or her child, child abandonment under Section 12C-10 of this Article or endangering the life or health of a child under Section 12C-5 of this Article, the court may, without entering a judgment of guilt and with the consent of the person, defer further proceedings and place the person upon probation upon the reasonable terms and conditions as the court may require. At least one term of the probation shall require the person to cooperate with the Department of Children and Family Services at the times and in the programs that the Department of Children and Family Services may require.
    (b) Upon fulfillment of the terms and conditions imposed under subsection (a), the court shall discharge the person and dismiss the proceedings. Discharge and dismissal under this Section shall be without court adjudication of guilt and shall not be considered a conviction for purposes of disqualification or disabilities imposed by law upon conviction of a crime. However, a record of the disposition shall be reported by the clerk of the circuit court to the Department of State Police under Section 2.1 of the Criminal Identification Act, and the record shall be maintained and provided to any civil authority in connection with a determination of whether the person is an acceptable candidate for the care, custody and supervision of children.
    (c) Discharge and dismissal under this Section may occur only once.
    (d) Probation under this Section may not be for a period of less than 2 years.
    (e) If the child dies of the injuries alleged, this Section shall be inapplicable.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-20

    (720 ILCS 5/12C-20)
    Sec. 12C-20. Abandonment of a school bus containing children.
    (a) A school bus driver commits abandonment of a school bus containing children when he or she knowingly abandons the school bus while it contains any children who are without other adult supervision, except in an emergency where the driver is seeking help or otherwise acting in the best interests of the children.
    (b) Sentence. A violation of this Section is a Class A misdemeanor for a first offense, and a Class 4 felony for a second or subsequent offense.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-25

    (720 ILCS 5/12C-25)
    Sec. 12C-25. Contributing to the dependency and neglect of a minor.
    (a) Any parent, legal guardian or person having the custody of a child under the age of 18 years commits contributing to the dependency and neglect of a minor when he or she knowingly: (1) causes, aids, or encourages such minor to be or to become a dependent and neglected minor; (2) does acts which directly tend to render any such minor so dependent and neglected; or (3) fails to do that which will directly tend to prevent such state of dependency and neglect. It is not a violation of this Section for a person to relinquish a child in accordance with the Abandoned Newborn Infant Protection Act.
    (b) "Dependent and neglected minor" means any child who, while under the age of 18 years, for any reason is destitute, homeless or abandoned; or dependent upon the public for support; or has not proper parental care or guardianship; or habitually begs or receives alms; or is found living in any house of ill fame or with any vicious or disreputable person; or has a home which by reason of neglect, cruelty or depravity on the part of its parents, guardian or any other person in whose care it may be is an unfit place for such child; and any child who while under the age of 10 years is found begging, peddling or selling any articles or singing or playing any musical instrument for gain upon the street or giving any public entertainments or accompanies or is used in aid of any person so doing.
    (c) Sentence. A violation of this Section is a Class A misdemeanor.
    (d) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-30

    (720 ILCS 5/12C-30) (was 720 ILCS 5/33D-1)
    Sec. 12C-30. Contributing to the delinquency or criminal delinquency of a minor.
    (a) Contributing to the delinquency of a minor. A person commits contributing to the delinquency of a minor when he or she knowingly: (1) causes, aids, or encourages a minor to be or to become a delinquent minor; or (2) does acts which directly tend to render any minor so delinquent.
    (b) Contributing to the criminal delinquency of a minor. A person of the age of 21 years and upwards commits contributing to the criminal delinquency of a minor when he or she, with the intent to promote or facilitate the commission of an offense solicits, compels or directs a minor in the commission of the offense that is either: (i) a felony when the minor is under the age of 17 years; or (ii) a misdemeanor when the minor is under the age of 18 years.
    (c) "Delinquent minor" means any minor who prior to his or her 17th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance, and any minor who prior to his or her 18th birthday has violated or attempted to violate, regardless of where the act occurred, any federal or State law or county or municipal ordinance classified as a misdemeanor offense.
    (d) Sentence.
        (1) A violation of subsection (a) is a Class A
    
misdemeanor.
        (2) A violation of subsection (b) is:
            (i) a Class C misdemeanor if the offense
        
committed is a petty offense or a business offense;
            (ii) a Class B misdemeanor if the offense
        
committed is a Class C misdemeanor;
            (iii) a Class A misdemeanor if the offense
        
committed is a Class B misdemeanor;
            (iv) a Class 4 felony if the offense committed is
        
a Class A misdemeanor;
            (v) a Class 3 felony if the offense committed is
        
a Class 4 felony;
            (vi) a Class 2 felony if the offense committed is
        
a Class 3 felony;
            (vii) a Class 1 felony if the offense committed
        
is a Class 2 felony; and
            (viii) a Class X felony if the offense committed
        
is a Class 1 felony or a Class X felony.
        (3) A violation of subsection (b) incurs the same
    
penalty as first degree murder if the committed offense is first degree murder.
    (e) The husband or wife of the defendant shall be a competent witness to testify in any case under this Section and to all matters relevant thereto.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/Art. 12C, Subdiv. 5

 
    (720 ILCS 5/Art. 12C, Subdiv. 5 heading)
SUBDIVISION 5. BODILY HARM OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-35

    (720 ILCS 5/12C-35) (was 720 ILCS 5/12-10)
    Sec. 12C-35. Tattooing the body of a minor.
    (a) A person, other than a person licensed to practice medicine in all its branches, commits tattooing the body of a minor when he or she knowingly or recklessly tattoos or offers to tattoo a person under the age of 18.
    (b) A person who is an owner or employee of a business that performs tattooing, other than a person licensed to practice medicine in all its branches, may not permit a person under 18 years of age to enter or remain on the premises where tattooing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.
    (c) "Tattoo" means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.
    (d) Subsection (a) of this Section does not apply to a person under 18 years of age who tattoos or offers to tattoo another person under 18 years of age away from the premises of any business at which tattooing is performed.
    (d-5) Subsections (a) and (b) of this Section do not apply to the removal of a tattoo from a person under 18 years of age, who is a victim of a violation of Section 10-9 of this Code or who is or has been a streetgang member as defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act, if the removal of the tattoo is performed in an establishment or multi-type establishment which has received a certificate of registration from the Department of Public Health or its agent under the Tattoo and Body Piercing Establishment Registration Act and the removal of the tattoo is performed by the operator or an authorized employee of the operator of the establishment or multi-type establishment. For the purposes of this subsection (d-5), "tattoo" also means the indelible mark or figure visible through the skin created by tattooing.
    (e) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 97-1109, eff. 1-1-13; 98-936, eff. 8-15-14.)

720 ILCS 5/12C-40

    (720 ILCS 5/12C-40) (was 720 ILCS 5/12-10.1)
    Sec. 12C-40. Piercing the body of a minor.
    (a)(1) A person commits piercing the body of a minor when he or she knowingly or recklessly pierces the body of a person under 18 years of age without written consent of a parent or legal guardian of that person. Before the oral cavity of a person under 18 years of age may be pierced, the written consent form signed by the parent or legal guardian must contain a provision in substantially the following form:
    "I understand that the oral piercing of the tongue, lips, cheeks, or any other area of the oral cavity carries serious risk of infection or damage to the mouth and teeth, or both infection and damage to those areas, that could result but is not limited to nerve damage, numbness, and life threatening blood clots.".
    A person who pierces the oral cavity of a person under 18 years of age without obtaining a signed written consent form from a parent or legal guardian of the person that includes the provision describing the health risks of body piercing, violates this Section.
    (2) A person who is an owner or employed by a business that performs body piercing may not permit a person under 18 years of age to enter or remain on the premises where body piercing is being performed unless the person under 18 years of age is accompanied by his or her parent or legal guardian.
    (b) "Pierce" means to make a hole in the body in order to insert or allow the insertion of any ring, hoop, stud, or other object for the purpose of ornamentation of the body. "Piercing" does not include tongue splitting as defined in Section 12-10.2. The term "body" includes the oral cavity.
    (c) Exceptions. This Section may not be construed in any way to prohibit any injection, incision, acupuncture, or similar medical or dental procedure performed by a licensed health care professional or other person authorized to perform that procedure or the presence on the premises where that procedure is being performed by a health care professional or other person authorized to perform that procedure of a person under 18 years of age who is not accompanied by a parent or legal guardian. This Section does not prohibit ear piercing. This Section does not apply to a minor emancipated under the Juvenile Court Act of 1987 or the Emancipation of Minors Act or by marriage. This Section does not apply to a person under 18 years of age who pierces the body or oral cavity of another person under 18 years of age away from the premises of any business at which body piercing or oral cavity piercing is performed.
    (d) Sentence. A violation of this Section is a Class A misdemeanor.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-45

    (720 ILCS 5/12C-45) (was 720 ILCS 5/12-4.9)
    Sec. 12C-45. Drug induced infliction of harm to a child athlete.
    (a) A person commits drug induced infliction of harm to a child athlete when he or she knowingly distributes a drug to or encourages the ingestion of a drug by a person under the age of 18 with the intent that the person under the age of 18 ingest the drug for the purpose of a quick weight gain or loss in connection with participation in athletics.
    (b) This Section does not apply to care under usual and customary standards of medical practice by a physician licensed to practice medicine in all its branches or to the sale of drugs or products by a retail merchant.
    (c) Drug induced infliction of harm to a child athlete is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-50

    (720 ILCS 5/12C-50)
    Sec. 12C-50. Hazing.
    (a) A person commits hazing when he or she knowingly requires the performance of any act by a student or other person in a school, college, university, or other educational institution of this State, for the purpose of induction or admission into any group, organization, or society associated or connected with that institution, if:
        (1) the act is not sanctioned or authorized by that
    
educational institution; and
        (2) the act results in bodily harm to any person.
    (b) Sentence. Hazing is a Class A misdemeanor, except that hazing that results in death or great bodily harm is a Class 4 felony.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-50.1

    (720 ILCS 5/12C-50.1)
    Sec. 12C-50.1. Failure to report hazing.
    (a) For purposes of this Section, "school official" includes any and all paid school administrators, teachers, counselors, support staff, and coaches and any and all volunteer coaches employed by a school, college, university, or other educational institution of this State.
    (b) A school official commits failure to report hazing when:
        (1) while fulfilling his or her official
    
responsibilities as a school official, he or she personally observes an act which is not sanctioned or authorized by that educational institution;
        (2) the act results in bodily harm to any person; and
        (3) the school official knowingly fails to report the
    
act to supervising educational authorities or, in the event of death or great bodily harm, to law enforcement.
    (c) Sentence. Failure to report hazing is a Class B misdemeanor. If the act which the person failed to report resulted in death or great bodily harm, the offense is a Class A misdemeanor.
    (d) It is an affirmative defense to a charge of failure to report hazing under this Section that the person who personally observed the act had a reasonable apprehension that timely action to stop the act would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.
    (e) Nothing in this Section shall be construed to allow prosecution of a person who personally observes the act of hazing and assists with an investigation and any subsequent prosecution of the offender.
(Source: P.A. 98-393, eff. 8-16-13.)

720 ILCS 5/Art. 12C, Subdiv. 10

 
    (720 ILCS 5/Art. 12C, Subdiv. 10 heading)
SUBDIVISION 10. CURFEW OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-60

    (720 ILCS 5/12C-60)
    Sec. 12C-60. Curfew.
    (a) Curfew offenses.
        (1) A minor commits a curfew offense when he or she
    
remains in any public place or on the premises of any establishment during curfew hours.
        (2) A parent or guardian of a minor or other person
    
in custody or control of a minor commits a curfew offense when he or she knowingly permits the minor to remain in any public place or on the premises of any establishment during curfew hours.
    (b) Curfew defenses. It is a defense to prosecution under subsection (a) that the minor was:
        (1) accompanied by the minor's parent or guardian or
    
other person in custody or control of the minor;
        (2) on an errand at the direction of the minor's
    
parent or guardian, without any detour or stop;
        (3) in a motor vehicle involved in interstate travel;
        (4) engaged in an employment activity or going to or
    
returning home from an employment activity, without any detour or stop;
        (5) involved in an emergency;
        (6) on the sidewalk abutting the minor's residence or
    
abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
        (7) attending an official school, religious, or other
    
recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by a government or governmental agency, a civic organization, or another similar entity that takes responsibility for the minor;
        (8) exercising First Amendment rights protected by
    
the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
        (9) married or had been married or is an emancipated
    
minor under the Emancipation of Minors Act.
    (c) Enforcement. Before taking any enforcement action under this Section, a law enforcement officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection (b) is present.
    (d) Definitions. In this Section:
        (1) "Curfew hours" means:
            (A) Between 12:01 a.m. and 6:00 a.m. on Saturday;
            (B) Between 12:01 a.m. and 6:00 a.m. on Sunday;
        
and
            (C) Between 11:00 p.m. on Sunday to Thursday,
        
inclusive, and 6:00 a.m. on the following day.
        (2) "Emergency" means an unforeseen combination of
    
circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
        (3) "Establishment" means any privately-owned place
    
of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
        (4) "Guardian" means:
            (A) a person who, under court order, is the
        
guardian of the person of a minor; or
            (B) a public or private agency with whom a minor
        
has been placed by a court.
        (5) "Minor" means any person under 17 years of age.
        (6) "Parent" means a person who is:
            (A) a natural parent, adoptive parent, or
        
step-parent of another person; or
            (B) at least 18 years of age and authorized by a
        
parent or guardian to have the care and custody of a minor.
        (7) "Public place" means any place to which the
    
public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
        (8) "Remain" means to:
            (A) linger or stay; or
            (B) fail to leave premises when requested to do
        
so by a police officer or the owner, operator, or other person in control of the premises.
        (9) "Serious bodily injury" means bodily injury that
    
creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
    (e) Sentence. A violation of this Section is a petty offense with a fine of not less than $10 nor more than $500, except that neither a person who has been made a ward of the court under the Juvenile Court Act of 1987, nor that person's legal guardian, shall be subject to any fine. In addition to or instead of the fine imposed by this Section, the court may order a parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section to perform community service as determined by the court, except that the legal guardian of a person who has been made a ward of the court under the Juvenile Court Act of 1987 may not be ordered to perform community service. The dates and times established for the performance of community service by the parent, legal guardian, or other person convicted of a violation of subsection (a) of this Section shall not conflict with the dates and times that the person is employed in his or her regular occupation.
    (f) County, municipal and other local boards and bodies authorized to adopt local police laws and regulations under the constitution and laws of this State may exercise legislative or regulatory authority over this subject matter by ordinance or resolution incorporating the substance of this Section or increasing the requirements thereof or otherwise not in conflict with this Section.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/Art. 12C, Subdiv. 15

 
    (720 ILCS 5/Art. 12C, Subdiv. 15 heading)
SUBDIVISION 15. MISCELLANEOUS OFFENSES
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-65

    (720 ILCS 5/12C-65) (was 720 ILCS 5/44-2 and 5/44-3)
    Sec. 12C-65. Unlawful transfer of a telecommunications device to a minor.
    (a) A person commits unlawful transfer of a telecommunications device to a minor when he or she gives, sells or otherwise transfers possession of a telecommunications device to a person under 18 years of age with the intent that the device be used to commit any offense under this Code, the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act.
    (b) "Telecommunications device" or "device" means a device which is portable or which may be installed in a motor vehicle, boat or other means of transportation, and which is capable of receiving or transmitting speech, data, signals or other information, including but not limited to paging devices, cellular and mobile telephones, and radio transceivers, transmitters and receivers, but not including radios designed to receive only standard AM and FM broadcasts.
    (c) Sentence. A violation of this Section is a Class A misdemeanor.
    (d) Seizure and forfeiture of property. Any person who commits the offense of unlawful transfer of a telecommunications device to a minor as set forth in this Section is subject to the property forfeiture provisions in Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 97-1109, eff. 1-1-13.)

720 ILCS 5/12C-70

    (720 ILCS 5/12C-70)
    Sec. 12C-70. Adoption compensation prohibited.
    (a) Receipt of compensation for placing out prohibited; exception. No person and no agency, association, corporation, institution, society, or other organization, except a child welfare agency as defined by the Child Care Act of 1969, shall knowingly request, receive or accept any compensation or thing of value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969.
    (b) Payment of compensation for placing out prohibited. No person shall knowingly pay or give any compensation or thing of value, directly or indirectly, for providing adoption services, as defined in Section 2.24 of the Child Care Act of 1969, including placing out of a child to any person or to any agency, association, corporation, institution, society, or other organization except a child welfare agency as defined by the Child Care Act of 1969.
    (c) Certain payments of salaries and medical expenses not prevented.
        (1) The provisions of this Section shall not be
    
construed to prevent the payment of salaries or other compensation by a licensed child welfare agency providing adoption services, as that term is defined by the Child Care Act of 1969, to the officers, employees, agents, contractors, or any other persons acting on behalf of the child welfare agency, provided that such salaries and compensation are consistent with subsection (a) of Section 14.5 of the Child Care Act of 1969.
        (2) The provisions of this Section shall not be
    
construed to prevent the payment by a prospective adoptive parent of reasonable and actual medical fees or hospital charges for services rendered in connection with the birth of such child, if such payment is made to the physician or hospital who or which rendered the services or to the biological mother of the child or to prevent the receipt of such payment by such physician, hospital, or mother.
        (3) The provisions of this Section shall not be
    
construed to prevent a prospective adoptive parent from giving a gift or gifts or other thing or things of value to a biological parent provided that the total value of such gift or gifts or thing or things of value does not exceed $200.
    (d) Payment of certain expenses.
        (1) A prospective adoptive parent shall be permitted
    
to pay the reasonable living expenses of the biological parents of the child sought to be adopted, in addition to those expenses set forth in subsection (c), only in accordance with the provisions of this subsection (d).
        "Reasonable living expenses" means those expenses
    
related to activities of daily living and meeting basic needs, including, but not limited to, lodging, food, and clothing for the biological parents during the biological mother's pregnancy and for no more than 120 days prior to the biological mother's expected date of delivery and for no more than 60 days after the birth of the child. The term does not include expenses for lost wages, gifts, educational expenses, or other similar expenses of the biological parents.
        (2)(A) The prospective adoptive parents may seek
    
leave of the court to pay the reasonable living expenses of the biological parents. They shall be permitted to pay the reasonable living expenses of the biological parents only upon prior order of the circuit court where the petition for adoption will be filed, or if the petition for adoption has been filed in the circuit court where the petition is pending.
        (B) Notwithstanding clause (2)(A) of this subsection
    
(d), a prospective adoptive parent may advance a maximum of $1,000 for reasonable birth parent living expenses without prior order of court. The prospective adoptive parents shall present a final accounting of all expenses to the court prior to the entry of a final judgment order for adoption.
        (C) If the court finds an accounting by the
    
prospective adoptive parents to be incomplete or deceptive or to contain amounts which are unauthorized or unreasonable, the court may order a new accounting or the repayment of amounts found to be excessive or unauthorized or make any other orders it deems appropriate.
        (3) Payments under this subsection (d) shall be
    
permitted only in those circumstances where there is a demonstrated need for the payment of such expenses to protect the health of the biological parents or the health of the child sought to be adopted.
        (4) Payment of their reasonable living expenses, as
    
provided in this subsection (d), shall not obligate the biological parents to place the child for adoption. In the event the biological parents choose not to place the child for adoption, the prospective adoptive parents shall have no right to seek reimbursement from the biological parents, or from any relative or associate of the biological parents, of moneys paid to, or on behalf of, the biological parents pursuant to a court order under this subsection (d).
        (5) Notwithstanding paragraph (4) of this subsection
    
(d), a prospective adoptive parent may seek reimbursement of reasonable living expenses from a person who receives such payments only if the person who accepts payment of reasonable living expenses before the child's birth, as described in paragraph (4) of this subsection (d), knows that the person on whose behalf he or she is accepting payment is not pregnant at the time of the receipt of such payments or the person receives reimbursement for reasonable living expenses simultaneously from more than one prospective adoptive parent without the knowledge of the prospective adoptive parent.
        (6) No person or entity shall offer, provide, or
    
co-sign a loan or any other credit accommodation, directly or indirectly, with a biological parent or a relative or associate of a biological parent based on the contingency of a surrender or placement of a child for adoption.
        (7) Within 14 days after the completion of all
    
payments for reasonable living expenses of the biological parents under this subsection (d), the prospective adoptive parents shall present a final accounting of all those expenses to the court. The accounting shall also include the verified statements of the prospective adoptive parents, each attorney of record, and the biological parents or parents to whom or on whose behalf the payments were made attesting to the accuracy of the accounting.
        (8) If the placement of a child for adoption is made
    
in accordance with the Interstate Compact on the Placement of Children, and if the sending state permits the payment of any expenses of biological parents that are not permitted under this Section, then the payment of those expenses shall not be a violation of this Section. In that event, the prospective adoptive parents shall file an accounting of all payments of the expenses of the biological parent or parents with the court in which the petition for adoption is filed or is to be filed. The accounting shall include a copy of the statutory provisions of the sending state that permit payments in addition to those permitted by this Section and a copy of all orders entered in the sending state that relate to expenses of the biological parents paid by the prospective adoptive parents in the sending state.
        (9) The prospective adoptive parents shall be
    
permitted to pay the reasonable attorney's fees of a biological parent's attorney in connection with proceedings under this Section or in connection with proceedings for the adoption of the child if the amount of fees of the attorney is $1,000 or less. If the amount of attorney's fees of each biological parent exceeds $1,000, the attorney's fees shall be paid only after a petition seeking leave to pay those fees is filed with the court in which the adoption proceeding is filed or to be filed. The court shall review the petition for leave to pay attorney's fees, and if the court determines that the fees requested are reasonable, the court shall permit the petitioners to pay them. If the court determines that the fees requested are not reasonable, the court shall determine and set the reasonable attorney's fees of the biological parents' attorney which may be paid by the petitioners. The prospective adoptive parents shall present a final accounting of all those fees to the court prior to the entry of a final judgment order for adoption.
        (10) The court may appoint a guardian ad litem for an
    
unborn child to represent the interests of the child in proceedings under this subsection (d).
        (11) The provisions of this subsection (d) apply to a
    
person who is a prospective adoptive parent. This subsection (d) does not apply to a licensed child welfare agency, as that term is defined in the Child Care Act of 1969, whose payments are governed by the Child Care Act of 1969 and the Department of Children and Family Services rules adopted thereunder.
    (e) Injunctive relief.
        (A) Whenever it appears that any person, agency,
    
association, corporation, institution, society, or other organization is engaged or about to engage in any acts or practices that constitute or will constitute a violation of this Section, the Department of Children and Family Services shall inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or temporary restraining order without bond to enforce this Section or any rule adopted under this Section in addition to any other penalties and other remedies provided in this Section.
        (B) Whenever it appears that any person, agency,
    
association, corporation, institution, society, or other organization is engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any rule adopted under the authority of this Section, the Department of Children and Family Services may inform the Attorney General and the State's Attorney of the appropriate county. Under such circumstances, the Attorney General or the State's Attorney may initiate injunction proceedings. Upon a proper showing, any circuit court may enter a permanent or preliminary injunction or a temporary restraining order without bond to enforce this Section or any rule adopted under this Section, in addition to any other penalties and remedies provided in this Section.
    (f) A violation of this Section on a first conviction is a Class 4 felony, and on a second or subsequent conviction is a Class 3 felony.
    (g) "Adoption services" has the meaning given that term in the Child Care Act of 1969.
    (h) "Placing out" means to arrange for the free care or placement of a child in a family other than that of the child's parent, stepparent, grandparent, brother, sister, uncle or aunt or legal guardian, for the purpose of adoption or for the purpose of providing care.
    (i) "Prospective adoptive parent" means a person or persons who have filed or intend to file a petition to adopt a child under the Adoption Act.
(Source: P.A. 97-1109, eff. 1-1-13.)