Public Act 096-1551
 
SB1310 EnrolledLRB096 09456 RLC 19613 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
Article 1.

 
    Section 5. The Criminal Code of 1961 is amended by adding
headings for Subdivisions 1, 5, 10, 15, 20, and 25 of Article
12, by adding Sections 12-0.1 and 12-4.4a, by changing Sections
12-1, 12-2, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4.5, 12-5, 12-5.1,
12-5.2, 12-5.5, 12-6, 12-6.2, 12-6.4, 12-7, 12-7.1, 12-7.3,
12-7.4, 12-7.5, 12-7.6, 12-9, 12-10.2, 12-20, 12-20.5, 12-32,
12-33, 12-34, and 12-35, and by changing and renumbering
Sections 12-2.5, 12-2.6, 12-4, 12-5.15, 12-6.1, 12-6.3,
12-16.2, 12-30, 12-31, 45-1, and 45-2 as follows:
 
    (720 ILCS 5/Art. 12, Subdiv. 1 heading new)
SUBDIVISION 1. DEFINITIONS

 
    (720 ILCS 5/12-0.1 new)
    Sec. 12-0.1. Definitions. In this Article, unless the
context clearly requires otherwise:
    "Bona fide labor dispute" means any controversy concerning
wages, salaries, hours, working conditions, or benefits,
including health and welfare, sick leave, insurance, and
pension or retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be included
in those agreements.
    "Coach" means a person recognized as a coach by the
sanctioning authority that conducts an athletic contest.
    "Correctional institution employee" means a person
employed by a penal institution.
    "Emergency medical technician" includes a paramedic,
ambulance driver, first aid worker, hospital worker, or other
medical assistance worker.
    "Family or household members" include spouses, former
spouses, parents, children, stepchildren, and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of this Code. For
purposes of this Article, neither a casual acquaintanceship nor
ordinary fraternization between 2 individuals in business or
social contexts shall be deemed to constitute a dating
relationship.
    "In the presence of a child" means in the physical presence
of a child or knowing or having reason to know that a child is
present and may see or hear an act constituting an offense.
    "Park district employee" means a supervisor, director,
instructor, or other person employed by a park district.
    "Physically handicapped person" means a person who suffers
from a permanent and disabling physical characteristic,
resulting from disease, injury, functional disorder, or
congenital condition.
    "Private security officer" means a registered employee of a
private security contractor agency under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004.
    "Probation officer" means a person as defined in the
Probation and Probation Officers Act.
    "Sports official" means a person at an athletic contest who
enforces the rules of the contest, such as an umpire or
referee.
    "Sports venue" means a publicly or privately owned sports
or entertainment arena, stadium, community or convention hall,
special event center, or amusement facility, or a special event
center in a public park, during the 12 hours before or after
the sanctioned sporting event.
    "Streetgang", "streetgang member", and "criminal street
gang" have the meanings ascribed to those terms in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
    "Transit employee" means a driver, operator, or employee of
any transportation facility or system engaged in the business
of transporting the public for hire.
    "Transit passenger" means a passenger of any
transportation facility or system engaged in the business of
transporting the public for hire, including a passenger using
any area designated by a transportation facility or system as a
vehicle boarding, departure, or transfer location.
    "Utility worker" means any of the following:
        (1) A person employed by a public utility as defined in
    Section 3-105 of the Public Utilities Act.
        (2) An employee of a municipally owned utility.
        (3) An employee of a cable television company.
        (4) An employee of an electric cooperative as defined
    in Section 3-119 of the Public Utilities Act.
        (5) An independent contractor or an employee of an
    independent contractor working on behalf of a cable
    television company, public utility, municipally owned
    utility, or electric cooperative.
        (6) An employee of a telecommunications carrier as
    defined in Section 13-202 of the Public Utilities Act, or
    an independent contractor or an employee of an independent
    contractor working on behalf of a telecommunications
    carrier.
        (7) An employee of a telephone or telecommunications
    cooperative as defined in Section 13-212 of the Public
    Utilities Act, or an independent contractor or an employee
    of an independent contractor working on behalf of a
    telephone or telecommunications cooperative.
 
    (720 ILCS 5/Art. 12, Subdiv. 5 heading new)
SUBDIVISION 5. ASSAULT AND BATTERY

 
    (720 ILCS 5/12-1)  (from Ch. 38, par. 12-1)
    Sec. 12-1. Assault.
    (a) A person commits an assault when, without lawful
authority, he or she knowingly engages in conduct which places
another in reasonable apprehension of receiving a battery.
    (b) Sentence. Assault is a Class C misdemeanor.
    (c) In addition to any other sentence that may be imposed,
a court shall order any person convicted of assault to perform
community service for not less than 30 and not more than 120
hours, if community service is available in the jurisdiction
and is funded and approved by the county board of the county
where the offense was committed. In addition, whenever any
person is placed on supervision for an alleged offense under
this Section, the supervision shall be conditioned upon the
performance of the community service.
    This subsection does not apply when the court imposes a
sentence of incarceration.
(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)
 
    (720 ILCS 5/12-2)  (from Ch. 38, par. 12-2)
    Sec. 12-2. Aggravated assault.
    (a) Offense based on location of conduct. A person commits
aggravated assault when he or she commits an assault against an
individual who is on or about a public way, public property, a
public place of accommodation or amusement, or a sports venue.
    (b) Offense based on status of victim. A person commits
aggravated assault when, in committing an assault, he or she
knows the individual assaulted to be any of the following:
        (1) A physically handicapped person or a person 60
    years of age or older and the assault is without legal
    justification.
        (2) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
        (3) A park district employee upon park grounds or
    grounds adjacent to a park or in any part of a building
    used for park purposes.
        (4) A peace officer, community policing volunteer,
    fireman, private security officer, emergency management
    worker, emergency medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (5) A correctional officer or probation officer:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (6) A correctional institution employee, Department of
    Human Services employee, Department of Human Services
    officer or employee of a subcontractor of the Department of
    Human Services supervising or controlling sexually
    dangerous persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (7) An employee of the State of Illinois, a municipal
    corporation therein, or a political subdivision thereof,
    performing his or her official duties.
        (8) A transit employee performing his or her official
    duties, or a transit passenger.
        (9) A sports official or coach actively participating
    in any level of athletic competition within a sports venue,
    on an indoor playing field or outdoor playing field, or
    within the immediate vicinity of such a facility or field.
    (c) Offense based on use of firearm, device, or motor
vehicle. A person commits aggravated assault when, in
committing an assault, he or she does any of the following:
        (1) Uses a deadly weapon, an air rifle as defined in
    the Air Rifle Act, or any device manufactured and designed
    to be substantially similar in appearance to a firearm,
    other than by discharging a firearm.
        (2) Discharges a firearm, other than from a motor
    vehicle.
        (3) Discharges a firearm from a motor vehicle.
        (4) Wears a hood, robe, or mask to conceal his or her
    identity.
        (5) Knowingly and without lawful justification shines
    or flashes a laser gun sight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes near or in the immediate vicinity of
    any person.
        (6) Uses a firearm, other than by discharging the
    firearm, against a peace officer, community policing
    volunteer, fireman, private security officer, emergency
    management worker, emergency medical technician, employee
    of a police department, employee of a sheriff's department,
    or traffic control municipal employee:
            (i) performing his or her official duties;
            (ii) assaulted to prevent performance of his or her
        official duties; or
            (iii) assaulted in retaliation for performing his
        or her official duties.
        (7) Without justification operates a motor vehicle in a
    manner which places a person, other than a person listed in
    subdivision (b)(4), in reasonable apprehension of being
    struck by the moving motor vehicle.
        (8) Without justification operates a motor vehicle in a
    manner which places a person listed in subdivision (b)(4),
    in reasonable apprehension of being struck by the moving
    motor vehicle.
    (d) Sentence. Aggravated assault as defined in subdivision
(a), (b)(1), (b)(2), (b)(3), (b)(4), (b)(7), (b)(8), (b)(9),
(c)(1), or (c)(4) is a Class A misdemeanor, except that
aggravated assault as defined in subdivision (b)(4) and (b)(7)
is a Class 4 felony if a Category I, Category II, or Category
III weapon is used in the commission of the assault. Aggravated
assault as defined in subdivision (b)(5), (b)(6), (c)(2),
(c)(5), (c)(6), or (c)(7) is a Class 4 felony. Aggravated
assault as defined in subdivision (c)(3) or (c)(8) is a Class 3
felony.
    (e) For the purposes of this Section, "Category I weapon",
"Category II weapon, and "Category III weapon" have the
meanings ascribed to those terms in Section 33A-1 of this Code.
    (a) A person commits an aggravated assault, when, in
committing an assault, he:
        (1) Uses a deadly weapon, an air rifle as defined in
    the Air Rifle Act, or any device manufactured and designed
    to be substantially similar in appearance to a firearm,
    other than by discharging a firearm in the direction of
    another person, a peace officer, a person summoned or
    directed by a peace officer, a correctional officer, a
    private security officer, or a fireman or in the direction
    of a vehicle occupied by another person, a peace officer, a
    person summoned or directed by a peace officer, a
    correctional officer, a private security officer, or a
    fireman while the officer or fireman is engaged in the
    execution of any of his official duties, or to prevent the
    officer or fireman from performing his official duties, or
    in retaliation for the officer or fireman performing his
    official duties;
        (2) Is hooded, robed or masked in such manner as to
    conceal his identity or any device manufactured and
    designed to be substantially similar in appearance to a
    firearm;
        (3) Knows the individual assaulted to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) Knows the individual assaulted to be a supervisor,
    director, instructor or other person employed in any park
    district and such supervisor, director, instructor or
    other employee is upon the grounds of the park or grounds
    adjacent thereto, or is in any part of a building used for
    park purposes;
        (5) Knows the individual assaulted to be a caseworker,
    investigator, or other person employed by the Department of
    Healthcare and Family Services (formerly State Department
    of Public Aid), a County Department of Public Aid, or the
    Department of Human Services (acting as successor to the
    Illinois Department of Public Aid under the Department of
    Human Services Act) and such caseworker, investigator, or
    other person is upon the grounds of a public aid office or
    grounds adjacent thereto, or is in any part of a building
    used for public aid purposes, or upon the grounds of a home
    of a public aid applicant, recipient or any other person
    being interviewed or investigated in the employee's
    discharge of his duties, or on grounds adjacent thereto, or
    is in any part of a building in which the applicant,
    recipient, or other such person resides or is located;
        (6) Knows the individual assaulted to be a peace
    officer, a community policing volunteer, a private
    security officer, or a fireman while the officer or fireman
    is engaged in the execution of any of his official duties,
    or to prevent the officer, community policing volunteer, or
    fireman from performing his official duties, or in
    retaliation for the officer, community policing volunteer,
    or fireman performing his official duties, and the assault
    is committed other than by the discharge of a firearm in
    the direction of the officer or fireman or in the direction
    of a vehicle occupied by the officer or fireman;
        (7) Knows the individual assaulted to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver or other medical assistance or
    first aid personnel engaged in the execution of any of his
    official duties, or to prevent the emergency medical
    technician - ambulance, emergency medical technician -
    intermediate, emergency medical technician - paramedic,
    ambulance driver, or other medical assistance or first aid
    personnel from performing his official duties, or in
    retaliation for the emergency medical technician -
    ambulance, emergency medical technician - intermediate,
    emergency medical technician - paramedic, ambulance
    driver, or other medical assistance or first aid personnel
    performing his official duties;
        (8) Knows the individual assaulted to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (9) Or the individual assaulted is on or about a public
    way, public property, or public place of accommodation or
    amusement;
        (9.5) Is, or the individual assaulted is, in or about a
    publicly or privately owned sports or entertainment arena,
    stadium, community or convention hall, special event
    center, amusement facility, or a special event center in a
    public park during any 24-hour period when a professional
    sporting event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (10) Knows the individual assaulted to be an employee
    of the State of Illinois, a municipal corporation therein
    or a political subdivision thereof, engaged in the
    performance of his authorized duties as such employee;
        (11) Knowingly and without legal justification,
    commits an assault on a physically handicapped person;
        (12) Knowingly and without legal justification,
    commits an assault on a person 60 years of age or older;
        (13) Discharges a firearm, other than from a motor
    vehicle;
        (13.5) Discharges a firearm from a motor vehicle;
        (14) Knows the individual assaulted to be a
    correctional officer, while the officer is engaged in the
    execution of any of his or her official duties, or to
    prevent the officer from performing his or her official
    duties, or in retaliation for the officer performing his or
    her official duties;
        (14.5) Knows the individual assaulted to be a probation
    officer, as defined in the Probation and Probation Officers
    Act, while the officer is engaged in the execution of any
    of his or her official duties, or to prevent the officer
    from performing his or her official duties, or in
    retaliation for the officer performing his or her official
    duties;
        (15) Knows the individual assaulted to be a
    correctional employee or an employee or officer of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    an employee of a subcontractor of the Department of Human
    Services supervising or controlling sexually dangerous
    persons or sexually violent persons, while the employee or
    officer is engaged in the execution of any of his or her
    official duties, or to prevent the employee or officer from
    performing his or her official duties, or in retaliation
    for the employee or officer performing his or her official
    duties, and the assault is committed other than by the
    discharge of a firearm in the direction of the employee or
    officer or in the direction of a vehicle occupied by the
    employee or officer;
        (16) Knows the individual assaulted to be an employee
    of a police or sheriff's department, or a person who is
    employed by a municipality and whose duties include traffic
    control, engaged in the performance of his or her official
    duties as such employee;
        (17) Knows the individual assaulted to be a sports
    official or coach at any level of competition and the act
    causing the assault to the sports official or coach
    occurred within an athletic facility or an indoor or
    outdoor playing field or within the immediate vicinity of
    the athletic facility or an indoor or outdoor playing field
    at which the sports official or coach was an active
    participant in the athletic contest held at the athletic
    facility. For the purposes of this paragraph (17), "sports
    official" means a person at an athletic contest who
    enforces the rules of the contest, such as an umpire or
    referee; and "coach" means a person recognized as a coach
    by the sanctioning authority that conducted the athletic
    contest;
        (18) Knows the individual assaulted to be an emergency
    management worker, while the emergency management worker
    is engaged in the execution of any of his or her official
    duties, or to prevent the emergency management worker from
    performing his or her official duties, or in retaliation
    for the emergency management worker performing his or her
    official duties, and the assault is committed other than by
    the discharge of a firearm in the direction of the
    emergency management worker or in the direction of a
    vehicle occupied by the emergency management worker; or
        (19) Knows the individual assaulted to be a utility
    worker, while the utility worker is engaged in the
    execution of his or her duties, or to prevent the utility
    worker from performing his or her duties, or in retaliation
    for the utility worker performing his or her duties. In
    this paragraph (19), "utility worker" means a person
    employed by a public utility as defined in Section 3-105 of
    the Public Utilities Act and also includes an employee of a
    municipally owned utility, an employee of a cable
    television company, an employee of an electric cooperative
    as defined in Section 3-119 of the Public Utilities Act, an
    independent contractor or an employee of an independent
    contractor working on behalf of a cable television company,
    public utility, municipally owned utility, or an electric
    cooperative, or an employee of a telecommunications
    carrier as defined in Section 13-202 of the Public
    Utilities Act, an independent contractor or an employee of
    an independent contractor working on behalf of a
    telecommunications carrier, or an employee of a telephone
    or telecommunications cooperative as defined in Section
    13-212 of the Public Utilities Act, or an independent
    contractor or an employee of an independent contractor
    working on behalf of a telephone or telecommunications
    cooperative.
    (a-5) A person commits an aggravated assault when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes near or in the immediate vicinity
of any person.
    (a-10) A person commits an aggravated assault when he or
she knowingly and without justification operates a motor
vehicle in a manner which places a person in reasonable
apprehension of being struck by a moving vehicle.
    (b) Sentence.
    Aggravated assault as defined in paragraphs (1) through (5)
and (8) through (12) and (17) and (19) of subsection (a) of
this Section is a Class A misdemeanor. Aggravated assault as
defined in paragraphs (13), (14), (14.5), and (15) of
subsection (a) of this Section and as defined in subsection
(a-5) or (a-10) of this Section is a Class 4 felony. Aggravated
assault as defined in paragraphs (6) and (16) of subsection (a)
of this Section is a Class A misdemeanor if a Category I,
Category II, or Category III weapon is not used in the
commission of the assault. Aggravated assault as defined in
paragraphs (6) and (16) of subsection (a) of this Section is a
Class 4 felony if a Category I, Category II, or Category III
weapon is used in the commission of the assault. Aggravated
assault as defined in paragraphs (7) and (18) of subsection (a)
of this Section is a Class A misdemeanor if a firearm is not
used in the commission of the assault. Aggravated assault as
defined in paragraphs (7) and (18) of subsection (a) of this
Section is a Class 4 felony if a firearm is used in the
commission of the assault. Aggravated assault as defined in
subsection (a-10) where the victim was a person defined in
paragraph (6) or paragraph (13.5) of subsection (a) is a Class
3 felony. For the purposes of this subsection (b), "Category I
weapon", "Category II weapon", and "Category III weapon" have
the meanings ascribed to those terms in subsection (c) of
Section 33A-1 of this Code.
    (c) For the purposes of paragraphs (1) and (6) of
subsection (a), "private security officer" means a registered
employee of a private security contractor agency under the
Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(Source: P.A. 95-236, eff. 1-1-08; 95-292, eff. 8-20-07;
95-331, eff. 8-21-07; 95-429, eff. 1-1-08; 95-591, eff.
9-10-07; 95-876, eff. 8-21-08; 96-201, eff. 8-10-09; 96-1000,
eff. 7-2-10; 96-1109, eff. 1-1-11; 96-1398, eff. 7-29-10;
revised 9-16-10.)
 
    (720 ILCS 5/12-3)  (from Ch. 38, par. 12-3)
    Sec. 12-3. Battery.
    (a) A person commits battery if he or she intentionally or
knowingly without legal justification and by any means, (1)
causes bodily harm to an individual or (2) makes physical
contact of an insulting or provoking nature with an individual.
    (b) Sentence.
    Battery is a Class A misdemeanor.
(Source: P.A. 77-2638.)
 
    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
    Sec. 12-3.05 12-4. Aggravated battery Battery.
    (a) Offense based on injury. A person commits aggravated
battery when, in committing a battery, other than by the
discharge of a firearm, he or she knowingly does any of the
following:
        (1) Causes great bodily harm or permanent disability or
    disfigurement.
        (2) Causes severe and permanent disability, great
    bodily harm, or disfigurement by means of a caustic or
    flammable substance, a poisonous gas, a deadly biological
    or chemical contaminant or agent, a radioactive substance,
    or a bomb or explosive compound.
        (3) Causes great bodily harm or permanent disability or
    disfigurement to an individual whom the person knows to be
    a peace officer, community policing volunteer, fireman,
    private security officer, correctional institution
    employee, or Department of Human Services employee
    supervising or controlling sexually dangerous persons or
    sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (4) Causes great bodily harm or permanent disability or
    disfigurement to an individual 60 years of age or older.
        (5) Strangles another individual.
    (b) Offense based on injury to a child or mentally retarded
person. A person who is at least 18 years of age commits
aggravated battery when, in committing a battery, he or she
knowingly and without legal justification by any means:
        (1) causes great bodily harm or permanent disability or
    disfigurement to any child under the age of 13 years, or to
    any severely or profoundly mentally retarded person; or
        (2) causes bodily harm or disability or disfigurement
    to any child under the age of 13 years or to any severely
    or profoundly mentally retarded person.
    (c) Offense based on location of conduct. A person commits
aggravated battery when, in committing a battery, other than by
the discharge of a firearm, he or she is or the person battered
is on or about a public way, public property, a public place of
accommodation or amusement, a sports venue, or a domestic
violence shelter.
    (d) Offense based on status of victim. A person commits
aggravated battery when, in committing a battery, other than by
discharge of a firearm, he or she knows the individual battered
to be any of the following:
        (1) A person 60 years of age or older.
        (2) A person who is pregnant or physically handicapped.
        (3) A teacher or school employee upon school grounds or
    grounds adjacent to a school or in any part of a building
    used for school purposes.
        (4) A peace officer, community policing volunteer,
    fireman, private security officer, correctional
    institution employee, or Department of Human Services
    employee supervising or controlling sexually dangerous
    persons or sexually violent persons:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (5) A judge, emergency management worker, emergency
    medical technician, or utility worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (6) An officer or employee of the State of Illinois, a
    unit of local government, or a school district, while
    performing his or her official duties.
        (7) A transit employee performing his or her official
    duties, or a transit passenger.
        (8) A taxi driver on duty.
        (9) A merchant who detains the person for an alleged
    commission of retail theft under Section 16A-5 of this Code
    and the person without legal justification by any means
    causes bodily harm to the merchant.
    (e) Offense based on use of a firearm. A person commits
aggravated battery when, in committing a battery, he or she
knowingly does any of the following:
        (1) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    another person.
        (2) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be a peace officer, community
    policing volunteer, person summoned by a police officer,
    fireman, private security officer, correctional
    institution employee, or emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (3) Discharges a firearm, other than a machine gun or a
    firearm equipped with a silencer, and causes any injury to
    a person he or she knows to be an emergency medical
    technician employed by a municipality or other
    governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (4) Discharges a firearm and causes any injury to a
    person he or she knows to be a teacher, a student in a
    school, or a school employee, and the teacher, student, or
    employee is upon school grounds or grounds adjacent to a
    school or in any part of a building used for school
    purposes.
        (5) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to another person.
        (6) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a peace officer, community policing volunteer,
    person summoned by a police officer, fireman, private
    security officer, correctional institution employee or
    emergency management worker:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (7) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be an emergency medical technician employed by a
    municipality or other governmental unit:
            (i) performing his or her official duties;
            (ii) battered to prevent performance of his or her
        official duties; or
            (iii) battered in retaliation for performing his
        or her official duties.
        (8) Discharges a machine gun or a firearm equipped with
    a silencer, and causes any injury to a person he or she
    knows to be a teacher, or a student in a school, or a
    school employee, and the teacher, student, or employee is
    upon school grounds or grounds adjacent to a school or in
    any part of a building used for school purposes.
    (f) Offense based on use of a weapon or device. A person
commits aggravated battery when, in committing a battery, he or
she does any of the following:
        (1) Uses a deadly weapon other than by discharge of a
    firearm, or uses an air rifle as defined in the Air Rifle
    Act.
        (2) Wears a hood, robe, or mask to conceal his or her
    identity.
        (3) Knowingly and without lawful justification shines
    or flashes a laser gunsight or other laser device attached
    to a firearm, or used in concert with a firearm, so that
    the laser beam strikes upon or against the person of
    another.
    (g) Offense based on certain conduct. A person commits
aggravated battery when, other than by discharge of a firearm,
he or she does any of the following:
        (1) Violates Section 401 of the Illinois Controlled
    Substances Act by unlawfully delivering a controlled
    substance to another and any user experiences great bodily
    harm or permanent disability as a result of the injection,
    inhalation, or ingestion of any amount of the controlled
    substance.
        (2) Knowingly administers to an individual or causes
    him or her to take, without his or her consent or by threat
    or deception, and for other than medical purposes, any
    intoxicating, poisonous, stupefying, narcotic, anesthetic,
    or controlled substance, or gives to another person any
    food containing any substance or object intended to cause
    physical injury if eaten.
        (3) Knowingly causes or attempts to cause a
    correctional institution employee or Department of Human
    Services employee to come into contact with blood, seminal
    fluid, urine, or feces by throwing, tossing, or expelling
    the fluid or material, and the person is an inmate of a
    penal institution or is a sexually dangerous person or
    sexually violent person in the custody of the Department of
    Human Services.
    (h) Sentence. Unless otherwise provided, aggravated
battery is a Class 3 felony.
    Aggravated battery as defined in subdivision (a)(4),
(d)(4), or (g)(3) is a Class 2 felony.
    Aggravated battery as defined in subdivision (a)(3) or
(g)(1) is a Class 1 felony.
    Aggravated battery under subdivision (a)(5) is a Class 1
felony if:
        (A) the person used or attempted to use a dangerous
    instrument while committing the offense; or
        (B) the person caused great bodily harm or permanent
    disability or disfigurement to the other person while
    committing the offense; or
        (C) the person has been previously convicted of a
    violation of subdivision (a)(5) under the laws of this
    State or laws similar to subdivision (a)(5) of any other
    state.
    Aggravated battery as defined in subdivision (e)(1) is a
Class X felony.
    Aggravated battery as defined in subdivision (a)(2) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 6 years and a maximum of 45
years.
    Aggravated battery as defined in subdivision (e)(5) is a
Class X felony for which a person shall be sentenced to a term
of imprisonment of a minimum of 12 years and a maximum of 45
years.
    Aggravated battery as defined in subdivision (e)(2),
(e)(3), or (e)(4) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 15 years
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (e)(6),
(e)(7), or (e)(8) is a Class X felony for which a person shall
be sentenced to a term of imprisonment of a minimum of 20 years
and a maximum of 60 years.
    Aggravated battery as defined in subdivision (b)(1) is a
Class X felony, except that:
        (1) if the person committed the offense while armed
    with a firearm, 15 years shall be added to the term of
    imprisonment imposed by the court;
        (2) if, during the commission of the offense, the
    person personally discharged a firearm, 20 years shall be
    added to the term of imprisonment imposed by the court;
        (3) if, during the commission of the offense, the
    person personally discharged a firearm that proximately
    caused great bodily harm, permanent disability, permanent
    disfigurement, or death to another person, 25 years or up
    to a term of natural life shall be added to the term of
    imprisonment imposed by the court.
    (i) Definitions. For the purposes of this Section:
    "Building or other structure used to provide shelter" has
the meaning ascribed to "shelter" in Section 1 of the Domestic
Violence Shelters Act.
    "Domestic violence" has the meaning ascribed to it in
Section 103 of the Illinois Domestic Violence Act of 1986.
    "Domestic violence shelter" means any building or other
structure used to provide shelter or other services to victims
or to the dependent children of victims of domestic violence
pursuant to the Illinois Domestic Violence Act of 1986 or the
Domestic Violence Shelters Act, or any place within 500 feet of
such a building or other structure in the case of a person who
is going to or from such a building or other structure.
    "Firearm" has the meaning provided under Section 1.1 of the
Firearm Owners Identification Card Act, and does not include an
air rifle as defined by Section 1 of the Air Rifle Act.
    "Machine gun" has the meaning ascribed to it in Section
24-1 of this Code.
    "Merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
    "Strangle" means intentionally impeding the normal
breathing or circulation of the blood of an individual by
applying pressure on the throat or neck of that individual or
by blocking the nose or mouth of that individual.
    (a) A person who, in committing a battery, intentionally or
knowingly causes great bodily harm, or permanent disability or
disfigurement commits aggravated battery.
    (b) In committing a battery, a person commits aggravated
battery if he or she:
        (1) Uses a deadly weapon other than by the discharge of
    a firearm, or uses an air rifle as defined in the Air Rifle
    Act;
        (2) Is hooded, robed or masked, in such manner as to
    conceal his identity;
        (3) Knows the individual harmed to be a teacher or
    other person employed in any school and such teacher or
    other employee is upon the grounds of a school or grounds
    adjacent thereto, or is in any part of a building used for
    school purposes;
        (4) (Blank);
        (5) (Blank);
        (6) Knows the individual harmed to be a community
    policing volunteer while such volunteer is engaged in the
    execution of any official duties, or to prevent the
    volunteer from performing official duties, or in
    retaliation for the volunteer performing official duties,
    and the battery is committed other than by the discharge of
    a firearm;
        (7) Knows the individual harmed to be an emergency
    medical technician - ambulance, emergency medical
    technician - intermediate, emergency medical technician -
    paramedic, ambulance driver, other medical assistance,
    first aid personnel, or hospital personnel engaged in the
    performance of any of his or her official duties, or to
    prevent the emergency medical technician - ambulance,
    emergency medical technician - intermediate, emergency
    medical technician - paramedic, ambulance driver, other
    medical assistance, first aid personnel, or hospital
    personnel from performing official duties, or in
    retaliation for performing official duties;
        (8) Is, or the person battered is, on or about a public
    way, public property or public place of accommodation or
    amusement;
        (8.5) Is, or the person battered is, on a publicly or
    privately owned sports or entertainment arena, stadium,
    community or convention hall, special event center,
    amusement facility, or a special event center in a public
    park during any 24-hour period when a professional sporting
    event, National Collegiate Athletic Association
    (NCAA)-sanctioned sporting event, United States Olympic
    Committee-sanctioned sporting event, or International
    Olympic Committee-sanctioned sporting event is taking
    place in this venue;
        (9) Knows the individual harmed to be the driver,
    operator, employee or passenger of any transportation
    facility or system engaged in the business of
    transportation of the public for hire and the individual
    assaulted is then performing in such capacity or then using
    such public transportation as a passenger or using any area
    of any description designated by the transportation
    facility or system as a vehicle boarding, departure, or
    transfer location;
        (10) Knows the individual harmed to be an individual of
    60 years of age or older;
        (11) Knows the individual harmed is pregnant;
        (12) Knows the individual harmed to be a judge whom the
    person intended to harm as a result of the judge's
    performance of his or her official duties as a judge;
        (13) (Blank);
        (14) Knows the individual harmed to be a person who is
    physically handicapped;
        (15) Knowingly and without legal justification and by
    any means causes bodily harm to a merchant who detains the
    person for an alleged commission of retail theft under
    Section 16A-5 of this Code. In this item (15), "merchant"
    has the meaning ascribed to it in Section 16A-2.4 of this
    Code;
        (16) Is, or the person battered is, in any building or
    other structure used to provide shelter or other services
    to victims or to the dependent children of victims of
    domestic violence pursuant to the Illinois Domestic
    Violence Act of 1986 or the Domestic Violence Shelters Act,
    or the person battered is within 500 feet of such a
    building or other structure while going to or from such a
    building or other structure. "Domestic violence" has the
    meaning ascribed to it in Section 103 of the Illinois
    Domestic Violence Act of 1986. "Building or other structure
    used to provide shelter" has the meaning ascribed to
    "shelter" in Section 1 of the Domestic Violence Shelters
    Act;
        (17) (Blank);
        (18) Knows the individual harmed to be an officer or
    employee of the State of Illinois, a unit of local
    government, or school district engaged in the performance
    of his or her authorized duties as such officer or
    employee;
        (19) Knows the individual harmed to be an emergency
    management worker engaged in the performance of any of his
    or her official duties, or to prevent the emergency
    management worker from performing official duties, or in
    retaliation for the emergency management worker performing
    official duties;
        (20) Knows the individual harmed to be a private
    security officer engaged in the performance of any of his
    or her official duties, or to prevent the private security
    officer from performing official duties, or in retaliation
    for the private security officer performing official
    duties; or
        (21) Knows the individual harmed to be a taxi driver
    and the battery is committed while the taxi driver is on
    duty; or
        (22) Knows the individual harmed to be a utility
    worker, while the utility worker is engaged in the
    execution of his or her duties, or to prevent the utility
    worker from performing his or her duties, or in retaliation
    for the utility worker performing his or her duties. In
    this paragraph (22), "utility worker" means a person
    employed by a public utility as defined in Section 3-105 of
    the Public Utilities Act and also includes an employee of a
    municipally owned utility, an employee of a cable
    television company, an employee of an electric cooperative
    as defined in Section 3-119 of the Public Utilities Act, an
    independent contractor or an employee of an independent
    contractor working on behalf of a cable television company,
    public utility, municipally owned utility, or an electric
    cooperative, or an employee of a telecommunications
    carrier as defined in Section 13-202 of the Public
    Utilities Act, an independent contractor or an employee of
    an independent contractor working on behalf of a
    telecommunications carrier, or an employee of a telephone
    or telecommunications cooperative as defined in Section
    13-212 of the Public Utilities Act, or an independent
    contractor or an employee of an independent contractor
    working on behalf of a telephone or telecommunications
    cooperative.
    For the purpose of paragraph (14) of subsection (b) of this
Section, a physically handicapped person is a person who
suffers from a permanent and disabling physical
characteristic, resulting from disease, injury, functional
disorder or congenital condition.
    For the purpose of paragraph (20) of subsection (b) and
subsection (e) of this Section, "private security officer"
means a registered employee of a private security contractor
agency under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004.
    (c) A person who administers to an individual or causes him
to take, without his consent or by threat or deception, and for
other than medical purposes, any intoxicating, poisonous,
stupefying, narcotic, anesthetic, or controlled substance
commits aggravated battery.
    (d) A person who knowingly gives to another person any food
that contains any substance or object that is intended to cause
physical injury if eaten, commits aggravated battery.
    (d-3) A person commits aggravated battery when he or she
knowingly and without lawful justification shines or flashes a
laser gunsight or other laser device that is attached or
affixed to a firearm, or used in concert with a firearm, so
that the laser beam strikes upon or against the person of
another.
    (d-5) An inmate of a penal institution or a sexually
dangerous person or a sexually violent person in the custody of
the Department of Human Services who causes or attempts to
cause a correctional employee of the penal institution or an
employee of the Department of Human Services to come into
contact with blood, seminal fluid, urine, or feces, by
throwing, tossing, or expelling that fluid or material commits
aggravated battery. For purposes of this subsection (d-5),
"correctional employee" means a person who is employed by a
penal institution.
    (d-6) A person commits aggravated battery when he or she,
in committing a battery, strangles another individual. For the
purposes of this subsection (d-6), "strangle" means
intentionally impeding the normal breathing or circulation of
the blood of an individual by applying pressure on the throat
or neck of that individual or by blocking the nose or mouth of
that individual.
    (e) Sentence.
        (1) Except as otherwise provided in paragraphs (2),
    (3), (4), and (5) aggravated battery is a Class 3 felony.
        (2) Aggravated battery that does not cause great bodily
    harm or permanent disability or disfigurement is a Class 2
    felony when the person knows the individual harmed to be a
    peace officer, a community policing volunteer, a private
    security officer, a correctional institution employee, an
    employee of the Department of Human Services supervising or
    controlling sexually dangerous persons or sexually violent
    persons, or a fireman while such officer, volunteer,
    employee, or fireman is engaged in the execution of any
    official duties including arrest or attempted arrest, or to
    prevent the officer, volunteer, employee, or fireman from
    performing official duties, or in retaliation for the
    officer, volunteer, employee, or fireman performing
    official duties, and the battery is committed other than by
    the discharge of a firearm.
        (3) Aggravated battery that causes great bodily harm or
    permanent disability or disfigurement in violation of
    subsection (a) is a Class 1 felony when the person knows
    the individual harmed to be a peace officer, a community
    policing volunteer, a private security officer, a
    correctional institution employee, an employee of the
    Department of Human Services supervising or controlling
    sexually dangerous persons or sexually violent persons, or
    a fireman while such officer, volunteer, employee, or
    fireman is engaged in the execution of any official duties
    including arrest or attempted arrest, or to prevent the
    officer, volunteer, employee, or fireman from performing
    official duties, or in retaliation for the officer,
    volunteer, employee, or fireman performing official
    duties, and the battery is committed other than by the
    discharge of a firearm.
        (4) Aggravated battery under subsection (d-5) is a
    Class 2 felony.
        (5) Aggravated battery under subsection (d-6) is a
    Class 1 felony if:
            (A) the person used or attempted to use a dangerous
        instrument while committing the offense; or
            (B) the person caused great bodily harm or
        permanent disability or disfigurement to the other
        person while committing the offense; or
            (C) the person has been previously convicted of a
        violation of subsection (d-6) under the laws of this
        State or laws similar to subsection (d-6) of any other
        state.
        (6) For purposes of this subsection (e), the term
    "firearm" shall have the meaning provided under Section 1.1
    of the Firearms Owners Identification Card Act, and shall
    not include an air rifle as defined by Section 1 of the Air
    Rifle Act.
(Source: P.A. 95-236, eff. 1-1-08; 95-256, eff. 1-1-08; 95-331,
eff. 8-21-07; 95-429, eff. 1-1-08; 95-748, eff. 1-1-09; 95-876,
eff. 8-21-08; 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/12-3.1)  (from Ch. 38, par. 12-3.1)
    Sec. 12-3.1. Battery of an unborn child; aggravated battery
of an unborn child Unborn Child.
    (a) A person commits battery of an unborn child if he or
she intentionally or knowingly without legal justification and
by any means causes bodily harm to an unborn child.
    (a-5) A person commits aggravated battery of an unborn
child when, in committing a battery of an unborn child, he or
she knowingly causes great bodily harm or permanent disability
or disfigurement to an unborn child.
    (b) For purposes of this Section, (1) "unborn child" shall
mean any individual of the human species from fertilization
until birth, and (2) "person" shall not include the pregnant
woman whose unborn child is harmed.
    (c) Sentence. Battery of an unborn child is a Class A
misdemeanor. Aggravated battery of an unborn child is a Class 2
felony.
    (d) This Section shall not apply to acts which cause bodily
harm to an unborn child if those acts were committed during any
abortion, as defined in Section 2 of the Illinois Abortion Law
of 1975, as amended, to which the pregnant woman has consented.
This Section shall not apply to acts which were committed
pursuant to usual and customary standards of medical practice
during diagnostic testing or therapeutic treatment.
(Source: P.A. 84-1414.)
 
    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
    Sec. 12-3.2. Domestic battery Battery.
    (a) A person commits domestic battery if he or she
intentionally or knowingly without legal justification by any
means:
        (1) Causes bodily harm to any family or household
    member as defined in subsection (3) of Section 112A-3 of
    the Code of Criminal Procedure of 1963, as amended;
        (2) Makes physical contact of an insulting or provoking
    nature with any family or household member as defined in
    subsection (3) of Section 112A-3 of the Code of Criminal
    Procedure of 1963, as amended.
    (b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for domestic battery (Section
12-3.2) or violation of an order of protection (Section 12-3.4
or 12-30), or any prior conviction under the law of another
jurisdiction for an offense which is substantially similar.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5), aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 12-13), aggravated
criminal sexual assault (12-14), kidnapping (Section 10-1),
aggravated kidnapping (Section 10-2), predatory criminal
sexual assault of a child (Section 12-14.1), aggravated
criminal sexual abuse (Section 12-16), unlawful restraint
(Section 10-3), aggravated unlawful restraint (Section
10-3.1), aggravated arson (Section 20-1.1), or aggravated
discharge of a firearm (Section 24-1.2), or any prior
conviction under the law of another jurisdiction for any
offense that is substantially similar to the offenses listed in
this Section, when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. In addition
to any other sentencing alternatives, for any second or
subsequent conviction of violating this Section, the offender
shall be mandatorily sentenced to a minimum of 72 consecutive
hours of imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in
order to reduce the sentence.
    (c) Domestic battery committed in the presence of a child.
In addition to any other sentencing alternatives, a defendant
who commits, in the presence of a child, a felony domestic
battery (enhanced under subsection (b)), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-3.05
or 12-4), unlawful restraint (Section 10-3), or aggravated
unlawful restraint (Section 10-3.1) against a family or
household member, as defined in Section 112A-3 of the Code of
Criminal Procedure of 1963, shall be required to serve a
mandatory minimum imprisonment of 10 days or perform 300 hours
of community service, or both. The defendant shall further be
liable for the cost of any counseling required for the child at
the discretion of the court in accordance with subsection (b)
of Section 5-5-6 of the Unified Code of Corrections. For
purposes of this Section, "child" means a person under 18 years
of age who is the defendant's or victim's child or step-child
or who is a minor child residing within or visiting the
household of the defendant or victim. For purposes of this
Section, "in the presence of a child" means in the physical
presence of a child or knowing or having reason to know that a
child is present and may see or hear an act constituting one of
the offenses listed in this subsection.
    (d) Upon conviction of domestic battery, the court shall
advise the defendant orally or in writing, substantially as
follows: "An individual convicted of domestic battery may be
subject to federal criminal penalties for possessing,
transporting, shipping, or receiving any firearm or ammunition
in violation of the federal Gun Control Act of 1968 (18 U.S.C.
922(g)(8) and (9))." A notation shall be made in the court file
that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09.)
 
    (720 ILCS 5/12-3.3)
    Sec. 12-3.3. Aggravated domestic battery.
    (a) A person who, in committing a domestic battery,
intentionally or knowingly causes great bodily harm, or
permanent disability or disfigurement commits aggravated
domestic battery.
    (a-5) A person who, in committing a domestic battery,
strangles another individual commits aggravated domestic
battery. For the purposes of this subsection (a-5), "strangle"
means intentionally impeding the normal breathing or
circulation of the blood of an individual by applying pressure
on the throat or neck of that individual or by blocking the
nose or mouth of that individual.
    (b) Sentence. Aggravated domestic battery is a Class 2
felony. Any order of probation or conditional discharge entered
following a conviction for an offense under this Section must
include, in addition to any other condition of probation or
conditional discharge, a condition that the offender serve a
mandatory term of imprisonment of not less than 60 consecutive
days. A person convicted of a second or subsequent violation of
this Section must be sentenced to a mandatory term of
imprisonment of not less than 3 years and not more than 7 years
or an extended term of imprisonment of not less than 7 years
and not more than 14 years.
    (c) Upon conviction of aggravated domestic battery, the
court shall advise the defendant orally or in writing,
substantially as follows: "An individual convicted of
aggravated domestic battery may be subject to federal criminal
penalties for possessing, transporting, shipping, or receiving
any firearm or ammunition in violation of the federal Gun
Control Act of 1968 (18 U.S.C. 922(g)(8) and (9))." A notation
shall be made in the court file that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09; 96-363, eff. 8-13-09;
96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/12-3.4)   (was 720 ILCS 5/12-30)
    Sec. 12-3.4 12-30. Violation of an order of protection.
    (a) A person commits violation of an order of protection
if:
        (1) He or she knowingly commits an act which was
    prohibited by a court or fails to commit an act which was
    ordered by a court in violation of:
            (i) a remedy in a valid order of protection
        authorized under paragraphs (1), (2), (3), (14), or
        (14.5) of subsection (b) of Section 214 of the Illinois
        Domestic Violence Act of 1986,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) any other remedy when the act constitutes a
        crime against the protected parties as the term
        protected parties is defined in Section 112A-4 of the
        Code of Criminal Procedure of 1963; and
        (2) Such violation occurs after the offender has been
    served notice of the contents of the order, pursuant to the
    Illinois Domestic Violence Act of 1986 or any substantially
    similar statute of another state, tribe or United States
    territory, or otherwise has acquired actual knowledge of
    the contents of the order.
    An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
    (a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
    (b) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings. For
purposes of this Section, an "order of protection" may have
been issued in a criminal or civil proceeding.
    (c) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section. Nothing in this Section
shall be construed to diminish the inherent authority of the
courts to enforce their lawful orders through civil or criminal
contempt proceedings.
    (d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section is a
Class 4 felony if the defendant has any prior conviction under
this Code for domestic battery (Section 12-3.2) or violation of
an order of protection (Section 12-3.4 or 12-30). Violation of
an order of protection is a Class 4 felony if the defendant has
any prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-3.05 or 12-4), heinous battery (Section
12-4.1), aggravated battery with a firearm (Section 12-4.2),
aggravated battery with a machine gun or a firearm equipped
with a silencer (Section 12-4.2-5) aggravated battery of a
child (Section 12-4.3), aggravated battery of an unborn child
(subsection (a-5) of Section 12-3.1, or Section 12-4.4),
aggravated battery of a senior citizen (Section 12-4.6),
stalking (Section 12-7.3), aggravated stalking (Section
12-7.4), criminal sexual assault (Section 12-13), aggravated
criminal sexual assault (12-14), kidnapping (Section 10-1),
aggravated kidnapping (Section 10-2), predatory criminal
sexual assault of a child (Section 12-14.1), aggravated
criminal sexual abuse (Section 12-16), unlawful restraint
(Section 10-3), aggravated unlawful restraint (Section
10-3.1), aggravated arson (Section 20-1.1), or aggravated
discharge of a firearm (Section 24-1.2), or a violation of any
former law of this State that is substantially similar to any
listed offense, when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. The court
shall impose a minimum penalty of 24 hours imprisonment for
defendant's second or subsequent violation of any order of
protection; unless the court explicitly finds that an increased
penalty or such period of imprisonment would be manifestly
unjust. In addition to any other penalties, the court may order
the defendant to pay a fine as authorized under Section 5-9-1
of the Unified Code of Corrections or to make restitution to
the victim under Section 5-5-6 of the Unified Code of
Corrections. In addition to any other penalties, including
those imposed by Section 5-9-1.5 of the Unified Code of
Corrections, the court shall impose an additional fine of $20
as authorized by Section 5-9-1.11 of the Unified Code of
Corrections upon any person convicted of or placed on
supervision for a violation of this Section. The additional
fine shall be imposed for each violation of this Section.
    (e) (Blank). The limitations placed on law enforcement
liability by Section 305 of the Illinois Domestic Violence Act
of 1986 apply to actions taken under this Section.
(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
92-827, eff. 8-22-02.)
 
    (720 ILCS 5/12-3.5)   (was 720 ILCS 5/12-6.3)
    Sec. 12-3.5 12-6.3. Interfering with the reporting of
domestic violence.
    (a) A person commits the offense of interfering with the
reporting of domestic violence when, after having committed an
act of domestic violence, he or she knowingly prevents or
attempts to prevent the victim of or a witness to the act of
domestic violence from calling a 9-1-1 emergency telephone
system, obtaining medical assistance, or making a report to any
law enforcement official.
    (b) For the purposes of this Section, the following terms
shall have the indicated meanings:
    (1) "Domestic violence" shall have the meaning ascribed to
it in Section 112A-3 of the Code of Criminal Procedure of 1963.
    (2) "Family or household members" shall have the meaning
ascribed to it in Section 112A-3 of the Code of Criminal
Procedure of 1963.
    (c) Sentence. Interfering with the reporting of domestic
violence is a Class A misdemeanor.
(Source: P.A. 90-118, eff. 1-1-98.)
 
    (720 ILCS 5/12-3.6)   (was 720 ILCS 5/45-1 and 5/45-2)
    Sec. 12-3.6 45-1. Disclosing location of domestic violence
victim Definitions.
    (a) As used in this Section Article:
    (a) "Domestic violence" means attempting to cause or
causing abuse of a family or household member or high-risk
adult with disabilities, or attempting to cause or causing
neglect or exploitation of a high-risk adult with disabilities
which threatens the adult's health and safety.
    (b) "Family or household member" means a spouse, person
living as a spouse, parent, or other adult person related by
consanguinity or affinity, who is residing or has resided with
the person committing domestic violence. "Family or household
member" includes a high-risk adult with disabilities who
resides with or receives care from any person who has the
responsibility for a high-risk adult as a result of a family
relationship or who has assumed responsibility for all or a
portion of the care of an adult with disabilities voluntarily,
by express or implied contract, or by court order.
    (c) "High-risk adult with disabilities" means a person aged
18 or over whose physical or mental disability impairs his or
her ability to seek or obtain protection from abuse, neglect,
or exploitation.
    (d) "Abuse", "exploitation", and "neglect" have the
meanings ascribed to those terms in Section 103 of the Illinois
Domestic Violence Act of 1986.
    (b) A Sec. 45-2. Disclosure of location of domestic
violence victim. Any person commits disclosure of location of
domestic violence victim when he or she who publishes,
disseminates or otherwise discloses the location of any
domestic violence victim, without that person's the
authorization of that domestic violence victim, knowing the
that such disclosure will result in, or has the substantial
likelihood of resulting in, the threat of bodily harm, is
guilty of a Class A misdemeanor.
    (c) Nothing in this Section shall apply to confidential
communications between an attorney and his or her client.
    (d) Sentence. Disclosure of location of domestic violence
victim is a Class A misdemeanor.
(Source: P.A. 87-441; 88-45.)
 
    (720 ILCS 5/Art. 12, Subdiv. 10 heading new)
SUBDIVISION 10. ENDANGERMENT

 
    (720 ILCS 5/12-4.4a new)
    Sec. 12-4.4a. Abuse or criminal neglect of a long term care
facility resident; criminal abuse or neglect of an elderly
person or person with a disability.
    (a) Abuse or criminal neglect of a long term care facility
resident.
        (1) A person or an owner or licensee commits abuse of a
    long term care facility resident when he or she knowingly
    causes any physical or mental injury to, or commits any
    sexual offense in this Code against, a resident.
        (2) A person or an owner or licensee commits criminal
    neglect of a long term care facility resident when he or
    she recklessly:
            (A) performs acts that cause a resident's life to
        be endangered, health to be injured, or pre-existing
        physical or mental condition to deteriorate, or that
        create the substantial likelihood that an elderly
        person's or person with a disability's life will be
        endangered, health will be injured, or pre-existing
        physical or mental condition will deteriorate;
            (B) fails to perform acts that he or she knows or
        reasonably should know are necessary to maintain or
        preserve the life or health of a resident, and that
        failure causes the resident's life to be endangered,
        health to be injured, or pre-existing physical or
        mental condition to deteriorate, or that create the
        substantial likelihood that an elderly person's or
        person with a disability's life will be endangered,
        health will be injured, or pre-existing physical or
        mental condition will deteriorate; or
            (C) abandons a resident.
        (3) A person or an owner or licensee commits neglect of
    a long term care facility resident when he or she
    negligently fails to provide adequate medical care,
    personal care, or maintenance to the resident which results
    in physical or mental injury or deterioration of the
    resident's physical or mental condition. An owner or
    licensee is guilty under this subdivision (a)(3), however,
    only if the owner or licensee failed to exercise reasonable
    care in the hiring, training, supervising, or providing of
    staff or other related routine administrative
    responsibilities.
    (b) Criminal abuse or neglect of an elderly person or
person with a disability.
        (1) A caregiver commits criminal abuse or neglect of an
    elderly person or person with a disability when he or she
    knowingly does any of the following:
            (A) performs acts that cause the person's life to
        be endangered, health to be injured, or pre-existing
        physical or mental condition to deteriorate;
            (B) fails to perform acts that he or she knows or
        reasonably should know are necessary to maintain or
        preserve the life or health of the person, and that
        failure causes the person's life to be endangered,
        health to be injured, or pre-existing physical or
        mental condition to deteriorate;
            (C) abandons the person;
            (D) physically abuses, harasses, intimidates, or
        interferes with the personal liberty of the person; or
            (E) exposes the person to willful deprivation.
        (2) It is not a defense to criminal abuse or neglect of
    an elderly person or person with a disability that the
    caregiver reasonably believed that the victim was not an
    elderly person or person with a disability.
    (c) Offense not applicable.
        (1) Nothing in this Section applies to a physician
    licensed to practice medicine in all its branches or a duly
    licensed nurse providing care within the scope of his or
    her professional judgment and within the accepted
    standards of care within the community.
        (2) Nothing in this Section imposes criminal liability
    on a caregiver who made a good faith effort to provide for
    the health and personal care of an elderly person or person
    with a disability, but through no fault of his or her own
    was unable to provide such care.
        (3) Nothing in this Section applies to the medical
    supervision, regulation, or control of the remedial care or
    treatment of residents in a long term care facility
    conducted for those who rely upon treatment by prayer or
    spiritual means in accordance with the creed or tenets of
    any well-recognized church or religious denomination as
    described in Section 3-803 of the Nursing Home Care Act or
    Section 3-803 of the MR/DD Community Care Act.
        (4) Nothing in this Section prohibits a caregiver from
    providing treatment to an elderly person or person with a
    disability by spiritual means through prayer alone and care
    consistent therewith in lieu of medical care and treatment
    in accordance with the tenets and practices of any church
    or religious denomination of which the elderly person or
    person with a disability is a member.
        (5) Nothing in this Section limits the remedies
    available to the victim under the Illinois Domestic
    Violence Act of 1986.
    (d) Sentence.
        (1) Long term care facility. Abuse of a long term care
    facility resident is a Class 3 felony. Criminal neglect of
    a long term care facility resident is a Class 4 felony,
    unless it results in the resident's death in which case it
    is a Class 3 felony. Neglect of a long term care facility
    resident is a petty offense.
        (2) Caregiver. Criminal abuse or neglect of an elderly
    person or person with a disability is a Class 3 felony,
    unless it results in the person's death in which case it is
    a Class 2 felony, and if imprisonment is imposed it shall
    be for a minimum term of 3 years and a maximum term of 14
    years.
    (e) Definitions. For the purposes of this Section:
    "Abandon" means to desert or knowingly forsake a resident
or an elderly person or person with a disability under
circumstances in which a reasonable person would continue to
provide care and custody.
    "Caregiver" means a person who has a duty to provide for an
elderly person or person with a disability's health and
personal care, at the elderly person or person with a
disability's place of residence, including, but not limited to,
food and nutrition, shelter, hygiene, prescribed medication,
and medical care and treatment, and includes any of the
following:
        (1) A parent, spouse, adult child, or other relative by
    blood or marriage who resides with or resides in the same
    building with or regularly visits the elderly person or
    person with a disability, knows or reasonably should know
    of such person's physical or mental impairment, and knows
    or reasonably should know that such person is unable to
    adequately provide for his or her own health and personal
    care.
        (2) A person who is employed by the elderly person or
    person with a disability or by another to reside with or
    regularly visit the elderly person or person with a
    disability and provide for such person's health and
    personal care.
        (3) A person who has agreed for consideration to reside
    with or regularly visit the elderly person or person with a
    disability and provide for such person's health and
    personal care.
        (4) A person who has been appointed by a private or
    public agency or by a court of competent jurisdiction to
    provide for the elderly person or person with a
    disability's health and personal care.
    "Caregiver" does not include a long-term care facility
licensed or certified under the Nursing Home Care Act or a
facility licensed or certified under the MR/DD Community Care
Act, or any administrative, medical, or other personnel of such
a facility, or a health care provider who is licensed under the
Medical Practice Act of 1987 and renders care in the ordinary
course of his or her profession.
    "Elderly person" means a person 60 years of age or older
who is incapable of adequately providing for his or her own
health and personal care.
    "Licensee" means the individual or entity licensed to
operate a facility under the Nursing Home Care Act, the MR/DD
Community Care Act, or the Assisted Living and Shared Housing
Act.
    "Long term care facility" means a private home,
institution, building, residence, or other place, whether
operated for profit or not, or a county home for the infirm and
chronically ill operated pursuant to Division 5-21 or 5-22 of
the Counties Code, or any similar institution operated by the
State of Illinois or a political subdivision thereof, which
provides, through its ownership or management, personal care,
sheltered care, or nursing for 3 or more persons not related to
the owner by blood or marriage. The term also includes skilled
nursing facilities and intermediate care facilities as defined
in Titles XVIII and XIX of the federal Social Security Act and
assisted living establishments and shared housing
establishments licensed under the Assisted Living and Shared
Housing Act.
    "Owner" means the owner a long term care facility as
provided in the Nursing Home Care Act, the owner of a facility
as provided in the MR/DD Community Care Act, or the owner of an
assisted living or shared housing establishment as provided in
the Assisted Living and Shared Housing Act.
    "Person with a disability" means a person who suffers from
a permanent physical or mental impairment, resulting from
disease, injury, functional disorder, or congenital condition,
which renders the person incapable of adequately providing for
his or her own health and personal care.
    "Resident" means a person residing in a long term care
facility.
    "Willful deprivation" has the meaning ascribed to it in
paragraph (15) of Section 103 of the Illinois Domestic Violence
Act of 1986.
 
    (720 ILCS 5/12-4.5)  (from Ch. 38, par. 12-4.5)
    Sec. 12-4.5. Tampering with food, drugs or cosmetics.
    (a) A Any person who knowingly puts any substance capable
of causing death or great bodily harm to a human being into any
food, drug or cosmetic offered for sale or consumption commits
the offense of tampering with food, drugs or cosmetics.
    (b) Sentence. Tampering with food, drugs or cosmetics is a
Class 2 felony.
(Source: P.A. 84-1428; 84-1438.)
 
    (720 ILCS 5/12-5)  (from Ch. 38, par. 12-5)
    Sec. 12-5. Reckless conduct.
    (a) A person commits reckless conduct when he or she, by
any means lawful or unlawful, recklessly performs an act or
acts that:
        (1) cause who causes bodily harm to or endanger
    endangers the bodily safety of another person; or an
    individual by any means, commits reckless conduct if he or
    she performs recklessly the acts that cause the harm or
    endanger safety, whether they otherwise are lawful or
    unlawful.
        (2) cause (a-5) A person who causes great bodily harm
    or permanent disability or disfigurement to another person
    by any means, commits reckless conduct if he or she
    performs recklessly the acts that cause the harm, whether
    they otherwise are lawful or unlawful.
    (b) Sentence.
    Reckless conduct under subdivision (a)(1) subsection (a)
is a Class A misdemeanor. Reckless conduct under subdivision
(a)(2) subsection (a-5) is a Class 4 felony.
(Source: P.A. 93-710, eff. 1-1-05.)
 
    (720 ILCS 5/12-5.01)   (was 720 ILCS 5/12-16.2)
    Sec. 12-5.01 12-16.2. Criminal transmission Transmission
of HIV.
    (a) A person commits criminal transmission of HIV when he
or she, knowing that he or she is infected with HIV:
        (1) engages in intimate contact with another;
        (2) transfers, donates, or provides his or her blood,
    tissue, semen, organs, or other potentially infectious
    body fluids for transfusion, transplantation,
    insemination, or other administration to another; or
        (3) dispenses, delivers, exchanges, sells, or in any
    other way transfers to another any nonsterile intravenous
    or intramuscular drug paraphernalia.
    (b) For purposes of this Section:
    "HIV" means the human immunodeficiency virus or any other
identified causative agent of acquired immunodeficiency
syndrome.
    "Intimate contact with another" means the exposure of the
body of one person to a bodily fluid of another person in a
manner that could result in the transmission of HIV.
    "Intravenous or intramuscular drug paraphernalia" means
any equipment, product, or material of any kind which is
peculiar to and marketed for use in injecting a substance into
the human body.
    (c) Nothing in this Section shall be construed to require
that an infection with HIV has occurred in order for a person
to have committed criminal transmission of HIV.
    (d) It shall be an affirmative defense that the person
exposed knew that the infected person was infected with HIV,
knew that the action could result in infection with HIV, and
consented to the action with that knowledge.
    (e) A person who commits criminal transmission of HIV
commits a Class 2 felony.
(Source: P.A. 86-897.)
 
    (720 ILCS 5/12-5.02)   (was 720 ILCS 5/12-2.5)
    Sec. 12-5.02 12-2.5. Vehicular endangerment Endangerment.
    (a) A person commits vehicular endangerment when he or she
strikes Any person who with the intent to strike a motor
vehicle causes by causing any means an object to fall from an
overpass in the direction of a moving motor vehicle with the
intent to strike a motor vehicle while it is traveling upon a
any highway in this State, if that object strikes a motor
vehicle, is guilty of vehicular endangerment.
    (b) Sentence. Vehicular endangerment is a Class 2 felony,
unless except when death results, in which case . If death
results, vehicular endangerment is a Class 1 felony.
    (c) Definitions. For purposes of this Section:
    "Object" means any object or substance that by its size,
weight, or consistency is likely to cause great bodily harm to
any occupant of a motor vehicle.
    "Overpass" means any structure that passes over a highway.
    "Motor vehicle" and "highway" have the meanings as defined
in the Illinois Vehicle Code.
(Source: P.A. 88-467.)
 
    (720 ILCS 5/12-5.1)  (from Ch. 38, par. 12-5.1)
    Sec. 12-5.1. Criminal housing management.
    (a) A person commits the offense of criminal housing
management when, having personal management or control of
residential real estate, whether as a legal or equitable owner
or as a managing agent or otherwise, he or she recklessly
permits the physical condition or facilities of the residential
real estate to become or remain in any condition which
endangers the health or safety of a any person other than the
defendant.
    (b) Sentence.
    Criminal housing management is a Class A misdemeanor, and
a . A subsequent conviction for a violation of subsection (a) is
a Class 4 felony.
(Source: P.A. 85-341.)
 
    (720 ILCS 5/12-5.1a)   (was 720 ILCS 5/12-5.15)
    Sec. 12-5.1a 12-5.15. Aggravated criminal housing
management.
    (a) A person commits the offense of aggravated criminal
housing management when he or she commits the offense of
criminal housing management; and:
        (1) the condition endangering the health or safety of a
    person other than the defendant is determined to be a
    contributing factor in the death of that person; and
        (2) the person recklessly also conceals or attempts to
    conceal the condition that endangered the health or safety
    of the person other than the defendant that is found to be
    a contributing factor in that death.
    (b) Sentence. Aggravated criminal housing management is a
Class 4 felony.
(Source: P.A. 93-852, eff. 8-2-04.)
 
    (720 ILCS 5/12-5.2)  (from Ch. 38, par. 12-5.2)
    Sec. 12-5.2. Injunction in connection with criminal
housing management or aggravated criminal housing management.
    (a) In addition to any other remedies, the State's Attorney
of the county where the residential property which endangers
the health or safety of any person exists is authorized to file
a complaint and apply to the circuit court for a temporary
restraining order, and such circuit court shall upon hearing
grant a temporary restraining order or a preliminary or
permanent injunction, without bond, restraining any person who
owns, manages, or has any equitable interest in the property,
from collecting, receiving or benefiting from any rents or
other monies available from the property, so long as the
property remains in a condition which endangers the health or
safety of any person.
    (b) The court may order any rents or other monies owed to
be paid into an escrow account. The funds are to be paid out of
the escrow account only to satisfy the reasonable cost of
necessary repairs of the property which had been incurred or
will be incurred in ameliorating the condition of the property
as described in subsection (a), payment of delinquent real
estate taxes on the property or payment of other legal debts
relating to the property. The court may order that funds remain
in escrow for a reasonable time after the completion of all
necessary repairs to assure continued upkeep of the property
and satisfaction of other outstanding legal debts of the
property.
    (c) The owner shall be responsible for contracting to have
necessary repairs completed and shall be required to submit all
bills, together with certificates of completion, to the manager
of the escrow account within 30 days after their receipt by the
owner.
    (d) In contracting for any repairs required pursuant to
this Section the owner of the property shall enter into a
contract only after receiving bids from at least 3 independent
contractors capable of making the necessary repairs. If the
owner does not contract for the repairs with the lowest bidder,
he shall file an affidavit with the court explaining why the
lowest bid was not acceptable. At no time, under the provisions
of this Section Act, shall the owner contract with anyone who
is not a licensed contractor, except that a contractor need not
be licensed if neither the State nor the county, township, or
municipality where the residential real estate is located
requires that the contractor be licensed. The court may order
release of those funds in the escrow account that are in excess
of the monies that the court determines to its satisfaction are
needed to correct the condition of the property as described in
subsection (a).
    For the purposes of this Section, "licensed contractor"
means: (i) a contractor licensed by the State, if the State
requires the licensure of the contractor; or (ii) a contractor
licensed by the county, township, or municipality where the
residential real estate is located, if that jurisdiction
requires the licensure of the contractor.
    (e) The Clerk of the Circuit Court shall maintain a
separate trust account entitled "Property Improvement Trust
Account", which shall serve as the depository for the escrowed
funds prescribed by this Section. The Clerk of the Court shall
be responsible for the receipt, disbursement, monitoring and
maintenance of all funds entrusted to this account, and shall
provide to the court a quarterly accounting of the activities
for any property, with funds in such account, unless the court
orders accountings on a more frequent basis.
    The Clerk of the Circuit Court shall promulgate rules and
procedures to administer the provisions of this Act.
    (f) Nothing in this Section shall in any way be construed
to limit or alter any existing liability incurred, or to be
incurred, by the owner or manager except as expressly provided
in this Act. Nor shall anything in this Section be construed to
create any liability on behalf of the Clerk of the Court, the
State's Attorney's office or any other governmental agency
involved in this action.
    Nor shall anything in this Section be construed to
authorize tenants to refrain from paying rent.
    (g) Costs. As part of the costs of an action under this
Section, the court shall assess a reasonable fee against the
defendant to be paid to the Clerk of the Circuit Court. This
amount is to be used solely for the maintenance of the Property
Improvement Trust Account. No money obtained directly or
indirectly from the property subject to the case may be used to
satisfy this cost.
    (h) The municipal building department or other entity
responsible for inspection of property and the enforcement of
such local requirements shall, within 5 business days of a
request by the State's Attorney, provide all documents
requested, which shall include, but not be limited to, all
records of inspections, permits and other information relating
to any property.
(Source: P.A. 88-240.)
 
    (720 ILCS 5/12-5.3)   (was 720 ILCS 5/12-2.6)
    Sec. 12-5.3 12-2.6. Use of a dangerous place for the
commission of a controlled substance or cannabis offense.
    (a) A person commits the offense of use of a dangerous
place for the commission of a controlled substance or cannabis
offense when that person knowingly exercises control over any
place with the intent to use that place to manufacture,
produce, deliver, or possess with intent to deliver a
controlled or counterfeit substance or controlled substance
analog in violation of Section 401 of the Illinois Controlled
Substances Act or to manufacture, produce, deliver, or possess
with intent to deliver cannabis in violation of Section 5, 5.1,
5.2, 7, or 8 of the Cannabis Control Act and:
        (1) the place, by virtue of the presence of the
    substance or substances used or intended to be used to
    manufacture a controlled or counterfeit substance,
    controlled substance analog, or cannabis, presents a
    substantial risk of injury to any person from fire,
    explosion, or exposure to toxic or noxious chemicals or
    gas; or
        (2) the place used or intended to be used to
    manufacture, produce, deliver, or possess with intent to
    deliver a controlled or counterfeit substance, controlled
    substance analog, or cannabis has located within it or
    surrounding it devices, weapons, chemicals, or explosives
    designed, hidden, or arranged in a manner that would cause
    a person to be exposed to a substantial risk of great
    bodily harm.
    (b) It may be inferred that a place was intended to be used
to manufacture a controlled or counterfeit substance or
controlled substance analog if a substance containing a
controlled or counterfeit substance or controlled substance
analog or a substance containing a chemical important to the
manufacture of a controlled or counterfeit substance or
controlled substance analog is found at the place of the
alleged illegal controlled substance manufacturing in close
proximity to equipment or a chemical used for facilitating the
manufacture of the controlled or counterfeit substance or
controlled substance analog that is alleged to have been
intended to be manufactured.
    (c) As used in this Section, "place" means a premises,
conveyance, or location that offers seclusion, shelter, means,
or facilitation for manufacturing, producing, possessing, or
possessing with intent to deliver a controlled or counterfeit
substance, controlled substance analog, or cannabis.
    (d) Use of a dangerous place for the commission of a
controlled substance or cannabis offense is a Class 1 felony.
(Source: P.A. 93-516, eff. 1-1-04; 94-743, eff. 5-8-06.)
 
    (720 ILCS 5/12-5.5)
    Sec. 12-5.5. Common carrier recklessness carriers; gross
neglect.
    (a) A person commits common carrier recklessness when he or
she, Whoever, having personal management or control of or over
a steamboat or other public conveyance used for the common
carriage of persons, recklessly endangers the safety of others.
    (b) Sentence. Common carrier recklessness is is guilty of
gross carelessness or neglect in, or in relation to, the
conduct, management, or control of the steamboat or other
public conveyance, while being so used for the common carriage
of persons, in which the safety of any person is endangered is
guilty of a Class 4 felony.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/Art.12, Subdiv. 15 heading new)
SUBDIVISION 15. INTIMIDATION

 
    (720 ILCS 5/12-6)  (from Ch. 38, par. 12-6)
    Sec. 12-6. Intimidation.
    (a) A person commits intimidation when, with intent to
cause another to perform or to omit the performance of any act,
he or she communicates to another, directly or indirectly by
any means whether in person, by telephone or by mail, a threat
to perform without lawful authority any of the following acts:
        (1) Inflict physical harm on the person threatened or
    any other person or on property; or
        (2) Subject any person to physical confinement or
    restraint; or
        (3) Commit a felony or Class A misdemeanor any criminal
    offense; or
        (4) Accuse any person of an offense; or
        (5) Expose any person to hatred, contempt or ridicule;
    or
        (6) Take action as a public official against anyone or
    anything, or withhold official action, or cause such action
    or withholding; or
        (7) Bring about or continue a strike, boycott or other
    collective action.
    (b) Sentence.
    Intimidation is a Class 3 felony for which an offender may
be sentenced to a term of imprisonment of not less than 2 years
and not more than 10 years.
(Source: P.A. 91-696, eff. 4-13-00.)
 
    (720 ILCS 5/12-6.2)
    Sec. 12-6.2. Aggravated intimidation.
    (a) A person commits the offense of aggravated intimidation
when he or she commits the offense of intimidation and:
        (1) the person committed the offense in furtherance of
    the activities of an organized gang or because of by the
    person's membership in or allegiance to an organized gang;
    or
        (2) the offense is committed with the intent to prevent
    any person from becoming a community policing volunteer; or
        (3) the following conditions are met:
            (A) the person knew that the victim was: (i) a
        peace officer, (ii) a correctional institution
        employee, (iii) a fireman, ; or (iv) a community
        policing volunteer; and
            (B) the offense was committed:
                (i) while the victim was engaged in the
            execution of his or her official duties; or
                (ii) to prevent the victim from performing his
            or her official duties;
                (iii) in retaliation for the victim's
            performance of his or her official duties; or
                (iv) by reason of any person's activity as a
            community policing volunteer.
    (b) Sentence. Aggravated intimidation as defined in
paragraph (a)(1) is a Class 1 felony. Aggravated intimidation
as defined in paragraph (a)(2) or (a)(3) is a Class 2 felony
for which the offender may be sentenced to a term of
imprisonment of not less than 3 years nor more than 14 years.
    (c) (Blank). For the purposes of this Section,
"streetgang", "streetgang member", and "organized gang" have
the meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 89-631, eff. 1-1-97; 90-651, eff. 1-1-99; 90-655,
eff. 7-30-98.)
 
    (720 ILCS 5/12-6.4)
    Sec. 12-6.4. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds and
criminal street gang recruitment of a minor.
    (a) A person commits the offense of criminal street gang
recruitment on school grounds or public property adjacent to
school grounds when on school grounds or public property
adjacent to school grounds, he or she knowingly threatens the
use of physical force to coerce, solicit, recruit, or induce
another person to join or remain a member of a criminal street
gang, or conspires to do so.
    (a-5) A person commits the offense of criminal street gang
recruitment of a minor when he or she threatens the use of
physical force to coerce, solicit, recruit, or induce another
person to join or remain a member of a criminal street gang, or
conspires to do so, whether or not such threat is communicated
in person, by means of the Internet, or by means of a
telecommunications device.
    (b) Sentence. Criminal street gang recruitment on school
grounds or public property adjacent to school grounds is a
Class 1 felony and criminal street gang recruitment of a minor
is a Class 1 felony.
    (c) In this Section:
        "Criminal street gang" has the meaning ascribed to it
    in Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        "School grounds" means the building or buildings or
    real property comprising a public or private elementary or
    secondary school, community college, college, or
    university and includes a school yard, school playing
    field, or school playground.
        "Minor" means any person under 18 years of age.
        "Internet" means an interactive computer service or
    system or an information service, system, or access
    software provider that provides or enables computer access
    by multiple users to a computer server, and includes, but
    is not limited to, an information service, system, or
    access software provider that provides access to a network
    system commonly known as the Internet, or any comparable
    system or service and also includes, but is not limited to,
    a World Wide Web page, newsgroup, message board, mailing
    list, or chat area on any interactive computer service or
    system or other online service.
        "Telecommunications device" means a device that is
    capable of receiving or transmitting speech, data,
    signals, text, images, sounds, codes, or other information
    including, but not limited to, paging devices, telephones,
    and cellular and mobile telephones.
(Source: P.A. 96-199, eff. 1-1-10.)
 
    (720 ILCS 5/12-6.5)   (was 720 ILCS 5/12-6.1)
    Sec. 12-6.5 12-6.1. Compelling organization membership of
persons. A person who knowingly, expressly or impliedly,
threatens to do bodily harm or does bodily harm to an
individual or to that individual's family or uses any other
criminally unlawful means to solicit or cause any person to
join, or deter any person from leaving, any organization or
association regardless of the nature of such organization or
association, is guilty of a Class 2 felony.
    Any person of the age of 18 years or older who knowingly,
expressly or impliedly, threatens to do bodily harm or does
bodily harm to a person under 18 years of age or uses any other
criminally unlawful means to solicit or cause any person under
18 years of age to join, or deter any person under 18 years of
age from leaving, any organization or association regardless of
the nature of such organization or association is guilty of a
Class 1 felony.
    A person convicted of an offense under this Section shall
not be eligible to receive a sentence of probation, conditional
discharge, or periodic imprisonment.
(Source: P.A. 91-696, eff. 4-13-00.)
 
    (720 ILCS 5/12-7)  (from Ch. 38, par. 12-7)
    Sec. 12-7. Compelling confession or information by force or
threat.
    (a) A person who, with intent to obtain a confession,
statement or information regarding any offense, knowingly
inflicts or threatens imminent bodily harm upon the person
threatened or upon any other person commits the offense of
compelling a confession or information by force or threat.
    (b) Sentence.
    Compelling a confession or information is a: (1) Class 4
felony if the defendant threatens imminent bodily harm to
obtain a confession, statement, or information but does not
inflict bodily harm on the victim, (2) Class 3 felony if the
defendant inflicts bodily harm on the victim to obtain a
confession, statement, or information, and (3) Class 2 felony
if the defendant inflicts great bodily harm to obtain a
confession, statement, or information.
(Source: P.A. 94-1113, eff. 1-1-08.)
 
    (720 ILCS 5/12-7.1)  (from Ch. 38, par. 12-7.1)
    Sec. 12-7.1. Hate crime.
    (a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability, or
national origin of another individual or group of individuals,
regardless of the existence of any other motivating factor or
factors, he commits assault, battery, aggravated assault,
misdemeanor theft, criminal trespass to residence, misdemeanor
criminal damage to property, criminal trespass to vehicle,
criminal trespass to real property, mob action or disorderly
conduct as these crimes are defined in Sections 12-1, 12-2,
12-3(a) 12-3, 16-1, 19-4, 21-1, 21-2, 21-3, 25-1, and 26-1 of
this Code, respectively, or harassment by telephone as defined
in Section 1-1 of the Harassing and Obscene Communications Act,
or harassment through electronic communications as defined in
clauses (a)(2) and (a)(4) of Section 1-2 of the Harassing and
Obscene Communications Act.
    (b) Except as provided in subsection (b-5), hate crime is a
Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
    (b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
        (1) in a church, synagogue, mosque, or other building,
    structure, or place used for religious worship or other
    religious purpose;
        (2) in a cemetery, mortuary, or other facility used for
    the purpose of burial or memorializing the dead;
        (3) in a school or other educational facility,
    including an administrative facility or public or private
    dormitory facility of or associated with the school or
    other educational facility;
        (4) in a public park or an ethnic or religious
    community center;
        (5) on the real property comprising any location
    specified in clauses (1) through (4) of this subsection
    (b-5); or
        (6) on a public way within 1,000 feet of the real
    property comprising any location specified in clauses (1)
    through (4) of this subsection (b-5).
    (b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or
impose a fine up to $1,000. In addition, any order of probation
or conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. The court may also
impose any other condition of probation or conditional
discharge under this Section.
    (c) Independent of any criminal prosecution or the result
thereof, any person suffering injury to his person or damage to
his property as a result of hate crime may bring a civil action
for damages, injunction or other appropriate relief. The court
may award actual damages, including damages for emotional
distress, or punitive damages. A judgment may include
attorney's fees and costs. The parents or legal guardians,
other than guardians appointed pursuant to the Juvenile Court
Act or the Juvenile Court Act of 1987, of an unemancipated
minor shall be liable for the amount of any judgment for actual
damages rendered against such minor under this subsection (c)
in any amount not exceeding the amount provided under Section 5
of the Parental Responsibility Law.
    (d) "Sexual orientation" means heterosexuality,
homosexuality, or bisexuality.
(Source: P.A. 93-463, eff. 8-8-03; 93-765, eff. 7-19-04; 94-80,
eff. 6-27-05.)
 
    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
    Sec. 12-7.3. Stalking.
    (a) A person commits stalking when he or she knowingly
engages in a course of conduct directed at a specific person,
and he or she knows or should know that this course of conduct
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits stalking when he or she, knowingly
and without lawful justification, on at least 2 separate
occasions follows another person or places the person under
surveillance or any combination thereof and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person in reasonable apprehension of
    immediate or future bodily harm, sexual assault,
    confinement or restraint to or of that person or a family
    member of that person. ; or
        (3) places that person in reasonable apprehension that
    a family member will receive immediate or future bodily
    harm, sexual assault, confinement, or restraint.
    (a-5) A person commits stalking when he or she has
previously been convicted of stalking another person and
knowingly and without lawful justification on one occasion:
        (1) follows that same person or places that same person
    under surveillance; and
        (2) transmits a threat of immediate or future bodily
    harm, sexual assault, confinement or restraint to that
    person or a family member of that person. ; and
        (3) the threat is directed towards that person or a
    family member of that person.
    (b) Sentence. Stalking is a Class 4 felony; a . A second or
subsequent conviction for stalking is a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. A course of
    conduct may include contact via electronic communications.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Family member" means a parent, grandparent,
    brother, sister, or child, whether by whole blood,
    half-blood, or adoption and includes a step-grandparent,
    step-parent, step-brother, step-sister or step-child.
    "Family member" also means any other person who regularly
    resides in the household, or who, within the prior 6
    months, regularly resided in the household.
        (5) "Follows another person" means (i) to move in
    relative proximity to a person as that person moves from
    place to place or (ii) to remain in relative proximity to a
    person who is stationary or whose movements are confined to
    a small area. "Follows another person" does not include a
    following within the residence of the defendant.
        (6) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (7) "Places a person under surveillance" means: (1)
    remaining present outside the person's school, place of
    employment, vehicle, other place occupied by the person, or
    residence other than the residence of the defendant; or (2)
    placing an electronic tracking device on the person or the
    person's property.
        (8) "Reasonable person" means a person in the victim's
    situation.
        (9) "Transmits a threat" means a verbal or written
    threat or a threat implied by a pattern of conduct or a
    combination of verbal or written statements or conduct.
    (d) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    picketing occurring at the workplace that is otherwise
    lawful and arises out of a bona fide labor dispute,
    including any controversy concerning wages, salaries,
    hours, working conditions or benefits, including health
    and welfare, sick leave, insurance, and pension or
    retirement provisions, the making or maintaining of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right to free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
    (d-5) The incarceration of a person in a penal institution
who commits the course of conduct or transmits a threat is not
a bar to prosecution under this Section.
(Source: P.A. 95-33, eff. 1-1-08; 96-686, eff. 1-1-10.)
 
    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
    Sec. 12-7.4. Aggravated stalking.
    (a) A person commits aggravated stalking when he or she
commits , in conjunction with committing the offense of stalking
and , also does any of the following:
        (1) causes bodily harm to the victim;
        (2) confines or restrains the victim; or
        (3) violates a temporary restraining order, an order of
    protection, a stalking no contact order, a civil no contact
    order, or an injunction prohibiting the behavior described
    in subsection (b)(1) of Section 214 of the Illinois
    Domestic Violence Act of 1986.
    (b) Sentence. Aggravated stalking is a Class 3 felony; a . A
second or subsequent conviction for aggravated stalking is a
Class 2 felony.
    (c) Exemptions.
        (1) This Section does not apply to any individual or
    organization (i) monitoring or attentive to compliance
    with public or worker safety laws, wage and hour
    requirements, or other statutory requirements, or (ii)
    picketing occurring at the workplace that is otherwise
    lawful and arises out of a bona fide labor dispute
    including any controversy concerning wages, salaries,
    hours, working conditions or benefits, including health
    and welfare, sick leave, insurance, and pension or
    retirement provisions, the managing or maintenance of
    collective bargaining agreements, and the terms to be
    included in those agreements.
        (2) This Section does not apply to an exercise of the
    right of free speech or assembly that is otherwise lawful.
        (3) Telecommunications carriers, commercial mobile
    service providers, and providers of information services,
    including, but not limited to, Internet service providers
    and hosting service providers, are not liable under this
    Section, except for willful and wanton misconduct, by
    virtue of the transmission, storage, or caching of
    electronic communications or messages of others or by
    virtue of the provision of other related
    telecommunications, commercial mobile services, or
    information services used by others in violation of this
    Section.
(Source: P.A. 96-686, eff. 1-1-10.)
 
    (720 ILCS 5/12-7.5)
    Sec. 12-7.5. Cyberstalking.
    (a) A person commits cyberstalking when he or she engages
in a course of conduct using electronic communication directed
at a specific person, and he or she knows or should know that
would cause a reasonable person to:
        (1) fear for his or her safety or the safety of a third
    person; or
        (2) suffer other emotional distress.
    (a-3) A person commits cyberstalking when he or she,
knowingly and without lawful justification, on at least 2
separate occasions, harasses another person through the use of
electronic communication and:
        (1) at any time transmits a threat of immediate or
    future bodily harm, sexual assault, confinement, or
    restraint and the threat is directed towards that person or
    a family member of that person; or
        (2) places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint; or
        (3) at any time knowingly solicits the commission of an
    act by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (a-5) A person commits cyberstalking when he or she,
knowingly and without lawful justification, creates and
maintains an Internet website or webpage which is accessible to
one or more third parties for a period of at least 24 hours,
and which contains statements harassing another person and:
        (1) which communicates a threat of immediate or future
    bodily harm, sexual assault, confinement, or restraint,
    where the threat is directed towards that person or a
    family member of that person, or
        (2) which places that person or a family member of that
    person in reasonable apprehension of immediate or future
    bodily harm, sexual assault, confinement, or restraint, or
        (3) which knowingly solicits the commission of an act
    by any person which would be a violation of this Code
    directed towards that person or a family member of that
    person.
    (b) Sentence. Cyberstalking is a Class 4 felony; a . A
second or subsequent conviction for cyberstalking is a Class 3
felony.
    (c) For purposes of this Section:
        (1) "Course of conduct" means 2 or more acts, including
    but not limited to acts in which a defendant directly,
    indirectly, or through third parties, by any action,
    method, device, or means follows, monitors, observes,
    surveils, threatens, or communicates to or about, a person,
    engages in other non-consensual contact, or interferes
    with or damages a person's property or pet. The
    incarceration in a penal institution of a person who
    commits the course of conduct is not a bar to prosecution
    under this Section.
        (2) "Electronic communication" means any transfer of
    signs, signals, writings, sounds, data, or intelligence of
    any nature transmitted in whole or in part by a wire,
    radio, electromagnetic, photoelectric, or photo-optical
    system. "Electronic communication" includes transmissions
    by a computer through the Internet to another computer.
        (3) "Emotional distress" means significant mental
    suffering, anxiety or alarm.
        (4) "Harass" means to engage in a knowing and willful
    course of conduct directed at a specific person that
    alarms, torments, or terrorizes that person.
        (5) "Non-consensual contact" means any contact with
    the victim that is initiated or continued without the
    victim's consent, including but not limited to being in the
    physical presence of the victim; appearing within the sight
    of the victim; approaching or confronting the victim in a
    public place or on private property; appearing at the
    workplace or residence of the victim; entering onto or
    remaining on property owned, leased, or occupied by the
    victim; or placing an object on, or delivering an object
    to, property owned, leased, or occupied by the victim.
        (6) "Reasonable person" means a person in the victim's
    circumstances, with the victim's knowledge of the
    defendant and the defendant's prior acts.
        (7) "Third party" means any person other than the
    person violating these provisions and the person or persons
    towards whom the violator's actions are directed.
    (d) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 95-849, eff. 1-1-09; 96-328, eff. 8-11-09;
96-686, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/12-7.6)
    Sec. 12-7.6. Cross burning.
    (a) A person commits the offense of cross burning when he
or she who, with the intent to intimidate any other person or
group of persons, burns or causes to be burned a cross.
    (b) Sentence. Cross burning is a Class A misdemeanor for a
first offense and a Class 4 felony for a second or subsequent
offense.
    (c) For the purposes of this Section, a person acts with
the "intent to intimidate" when he or she intentionally places
or attempts to place another person in fear of physical injury
or fear of damage to that other person's property.
(Source: P.A. 93-764, eff. 1-1-05.)
 
    (720 ILCS 5/12-9)  (from Ch. 38, par. 12-9)
    Sec. 12-9. Threatening public officials.
    (a) A person commits the offense of threatening a public
official when:
        (1) that person knowingly and willfully delivers or
    conveys, directly or indirectly, to a public official by
    any means a communication:
            (i) containing a threat that would place the public
        official or a member of his or her immediate family in
        reasonable apprehension of immediate or future bodily
        harm, sexual assault, confinement, or restraint; or
            (ii) containing a threat that would place the
        public official or a member of his or her immediate
        family in reasonable apprehension that damage will
        occur to property in the custody, care, or control of
        the public official or his or her immediate family; and
        (2) the threat was conveyed because of the performance
    or nonperformance of some public duty, because of hostility
    of the person making the threat toward the status or
    position of the public official, or because of any other
    factor related to the official's public existence.
    (a-5) For purposes of a threat to a sworn law enforcement
officer, the threat must contain specific facts indicative of a
unique threat to the person, family or property of the officer
and not a generalized threat of harm.
    (b) For purposes of this Section:
        (1) "Public official" means a person who is elected to
    office in accordance with a statute or who is appointed to
    an office which is established, and the qualifications and
    duties of which are prescribed, by statute, to discharge a
    public duty for the State or any of its political
    subdivisions or in the case of an elective office any
    person who has filed the required documents for nomination
    or election to such office. "Public official" includes a
    duly appointed assistant State's Attorney, assistant
    Attorney General, or Appellate Prosecutor, and a sworn law
    enforcement or peace officer.
        (2) "Immediate family" means a public official's
    spouse or child or children.
    (c) Threatening a public official is a Class 3 felony for a
first offense and a Class 2 felony for a second or subsequent
offense.
(Source: P.A. 95-466, eff. 6-1-08.)
 
    (720 ILCS 5/Art.12, Subdiv. 20 heading new)
SUBDIVISION 20. MUTILATION

 
    (720 ILCS 5/12-10.2)
    Sec. 12-10.2. Tongue splitting.
    (a) In this Section, "tongue splitting" means the cutting
of a human tongue into 2 or more parts.
    (b) A person may not knowingly perform tongue splitting on
another person unless the person performing the tongue
splitting is licensed to practice medicine in all its branches
under the Medical Practice Act of 1987 or licensed under the
Illinois Dental Practice Act.
    (c) Sentence. Tongue splitting performed in 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. 93-449, eff. 1-1-04.)
 
    (720 ILCS 5/12-20)  (from Ch. 38, par. 12-20)
    Sec. 12-20. Sale of body parts.
    (a) Except as provided in subsection (b), any person who
knowingly buys or sells, or offers to buy or sell, a human body
or any part of a human body, is guilty of a Class A misdemeanor
for the first conviction and a Class 4 felony for subsequent
convictions.
    (b) This Section does not prohibit:
        (1) An anatomical gift made in accordance with the
    Illinois Anatomical Gift Act.
        (2) (Blank). The removal and use of a human cornea in
    accordance with the Illinois Anatomical Gift Act.
        (3) Reimbursement of actual expenses incurred by a
    living person in donating an organ, tissue or other body
    part or fluid for transplantation, implantation, infusion,
    injection, or other medical or scientific purpose,
    including medical costs, loss of income, and travel
    expenses.
        (4) Payments provided under a plan of insurance or
    other health care coverage.
        (5) Reimbursement of reasonable costs associated with
    the removal, storage or transportation of a human body or
    part thereof donated for medical or scientific purposes.
        (6) Purchase or sale of blood, plasma, blood products
    or derivatives, other body fluids, or human hair.
        (7) Purchase or sale of drugs, reagents or other
    substances made from human bodies or body parts, for use in
    medical or scientific research, treatment or diagnosis.
(Source: P.A. 93-794, eff. 7-22-04.)
 
    (720 ILCS 5/12-20.5)
    Sec. 12-20.5. Dismembering a human body.
    (a) A person commits the offense of dismembering a human
body when he or she knowingly dismembers, severs, separates,
dissects, or mutilates any body part of a deceased's body.
    (b) This Section does not apply to:
        (1) an anatomical gift made in accordance with the
    Illinois Anatomical Gift Act;
        (2) (blank); the removal and use of a human cornea in
    accordance with the Illinois Anatomical Gift Act;
        (3) the purchase or sale of drugs, reagents, or other
    substances made from human body parts, for the use in
    medical or scientific research, treatment, or diagnosis;
        (4) persons employed by a county medical examiner's
    office or coroner's office acting within the scope of their
    employment while performing an autopsy;
        (5) the acts of a licensed funeral director or embalmer
    while performing acts authorized by the Funeral Directors
    and Embalmers Licensing Code;
        (6) the acts of emergency medical personnel or
    physicians performed in good faith and according to the
    usual and customary standards of medical practice in an
    attempt to resuscitate a life; or
        (7) physicians licensed to practice medicine in all of
    its branches or holding a visiting professor, physician, or
    resident permit under the Medical Practice Act of 1987,
    performing acts in accordance with usual and customary
    standards of medical practice, or a currently enrolled
    student in an accredited medical school in furtherance of
    his or her education at the accredited medical school.
    (c) It is not a defense to a violation of this Section that
the decedent died due to natural, accidental, or suicidal
causes.
    (d) Sentence. Dismembering a human body is a Class X
felony.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (720 ILCS 5/12-32)  (from Ch. 38, par. 12-32)
    Sec. 12-32. Ritual mutilation Mutilation.
    (a) A person commits the offense of ritual mutilation, when
he or she knowingly mutilates, dismembers or tortures another
person as part of a ceremony, rite, initiation, observance,
performance or practice, and the victim did not consent or
under such circumstances that the defendant knew or should have
known that the victim was unable to render effective consent.
    (b) Ritual mutilation does not include the practice of male
circumcision or a ceremony, rite, initiation, observance, or
performance related thereto. Sentence. Ritual mutilation is a
Class 2 felony.
    (c) Sentence. Ritual mutilation is a Class 2 felony. The
offense ritual mutilation does not include the practice of male
circumcision or a ceremony, rite, initiation, observance, or
performance related thereto.
(Source: P.A. 90-88, eff. 1-1-98.)
 
    (720 ILCS 5/12-33)  (from Ch. 38, par. 12-33)
    Sec. 12-33. Ritualized abuse of a child.
    (a) A person commits is guilty of ritualized abuse of a
child when he or she knowingly commits any of the following
acts with, upon, or in the presence of a child as part of a
ceremony, rite or any similar observance:
        (1) actually or in simulation, tortures, mutilates, or
    sacrifices any warm-blooded animal or human being;
        (2) forces ingestion, injection or other application
    of any narcotic, drug, hallucinogen or anaesthetic for the
    purpose of dulling sensitivity, cognition, recollection
    of, or resistance to any criminal activity;
        (3) forces ingestion, or external application, of
    human or animal urine, feces, flesh, blood, bones, body
    secretions, nonprescribed drugs or chemical compounds;
        (4) involves the child in a mock, unauthorized or
    unlawful marriage ceremony with another person or
    representation of any force or deity, followed by sexual
    contact with the child;
        (5) places a living child into a coffin or open grave
    containing a human corpse or remains;
        (6) threatens death or serious harm to a child, his or
    her parents, family, pets, or friends that instills a
    well-founded fear in the child that the threat will be
    carried out; or
        (7) unlawfully dissects, mutilates, or incinerates a
    human corpse.
    (b) The provisions of this Section shall not be construed
to apply to:
        (1) lawful agricultural, animal husbandry, food
    preparation, or wild game hunting and fishing practices and
    specifically the branding or identification of livestock;
        (2) the lawful medical practice of male circumcision or
    any ceremony related to male circumcision;
        (3) any state or federally approved, licensed, or
    funded research project; or
        (4) the ingestion of animal flesh or blood in the
    performance of a religious service or ceremony.
    (b-5) For the purposes of this Section, "child" means any
person under 18 years of age.
    (c) Ritualized abuse of a child is a Class 1 felony for a
first offense. A second or subsequent conviction for ritualized
abuse of a child is a Class X felony for which the offender may
be sentenced to a term of natural life imprisonment.
    (d) (Blank). For the purposes of this Section, "child"
means any person under 18 years of age.
(Source: P.A. 90-88, eff. 1-1-98.)
 
    (720 ILCS 5/12-34)
    Sec. 12-34. Female genital mutilation.
    (a) Except as otherwise permitted in subsection (b),
whoever knowingly circumcises, excises, or infibulates, in
whole or in part, the labia majora, labia minora, or clitoris
of another commits the offense of female genital mutilation.
Consent to the procedure by a minor on whom it is performed or
by the minor's parent or guardian is not a defense to a
violation of this Section.
    (b) A surgical procedure is not a violation of subsection
(a) if the procedure is performed by a physician licensed to
practice medicine in all its branches and:
        (1) is necessary to the health of the person on whom it
    is performed and is performed by a physician licensed to
    practice medicine in all of its branches; or
        (2) is performed on a person who is in labor or who has
    just given birth and is performed for medical purposes
    connected with that labor or birth by a physician licensed
    to practice medicine in all of its branches.
    (c) Sentence. Female genital mutilation is a Class X
felony.
(Source: P.A. 90-88, eff. 1-1-98.)
 
    (720 ILCS 5/Art. 12, Subdiv. 25 heading new)
SUBDIVISION 25. OTHER HARM OFFENSES

 
    (720 ILCS 5/12-34.5)   (was 720 ILCS 5/12-31)
    Sec. 12-34.5 12-31. Inducement to commit suicide Commit
Suicide.
    (a) A person commits the offense of inducement to commit
suicide when he or she does either of the following:
        (1) Knowingly coerces Coerces another to commit
    suicide and the other person commits or attempts to commit
    suicide as a direct result of the coercion, and he or she
    exercises substantial control over the other person
    through (i) control of the other person's physical location
    or circumstances; (ii) use of psychological pressure; or
    (iii) use of actual or ostensible religious, political,
    social, philosophical or other principles.
        (2) With knowledge that another person intends to
    commit or attempt to commit suicide, intentionally (i)
    offers and provides the physical means by which another
    person commits or attempts to commit suicide, or (ii)
    participates in a physical act by which another person
    commits or attempts to commit suicide.
    For the purposes of this Section, "attempts to commit
suicide" means any act done with the intent to commit suicide
and which constitutes a substantial step toward commission of
suicide.
    (b) Sentence. Inducement to commit suicide under paragraph
(a)(1) when the other person commits suicide as a direct result
of the coercion is a Class 2 felony. Inducement to commit
suicide under paragraph (a)(2) when the other person commits
suicide as a direct result of the assistance provided is a
Class 4 felony. Inducement to commit suicide under paragraph
(a)(1) when the other person attempts to commit suicide as a
direct result of the coercion is a Class 3 felony. Inducement
to commit suicide under paragraph (a)(2) when the other person
attempts to commit suicide as a direct result of the assistance
provided is a Class A misdemeanor.
    (c) The lawful compliance or a good-faith attempt at lawful
compliance with the Illinois Living Will Act, the Health Care
Surrogate Act, or the Powers of Attorney for Health Care Law is
not inducement to commit suicide under paragraph (a)(2) of this
Section.
(Source: P.A. 87-1167; 88-392.)
 
    (720 ILCS 5/12-35)
    Sec. 12-35. Sexual conduct or sexual contact with an
animal.
    (a) A person may not knowingly engage in any sexual conduct
or sexual contact with an animal.
    (b) A person may not knowingly cause, aid, or abet another
person to engage in any sexual conduct or sexual contact with
an animal.
    (c) A person may not knowingly permit any sexual conduct or
sexual contact with an animal to be conducted on any premises
under his or her charge or control.
    (d) A person may not knowingly engage in, promote, aid, or
abet any activity involving any sexual conduct or sexual
contact with an animal for a commercial or recreational
purpose.
    (e) Sentence. A person who violates this Section is guilty
of a Class 4 felony. A person who violates this Section in the
presence of a person under 18 years of age or causes the animal
serious physical injury or death is guilty of a Class 3 felony.
    (f) In addition to the penalty imposed in subsection (e),
the court may order that the defendant do any of the following:
        (1) Not harbor animals or reside in any household where
    animals are present for a reasonable period of time or
    permanently, if necessary.
        (2) Relinquish and permanently forfeit all animals
    residing in the household to a recognized or duly organized
    animal shelter or humane society.
        (3) Undergo a psychological evaluation and counseling
    at defendant's expense.
        (4) Reimburse the animal shelter or humane society for
    any reasonable costs incurred for the care and maintenance
    of the animal involved in the sexual conduct or sexual
    contact in addition to any animals relinquished to the
    animal shelter or humane society.
    (g) Nothing in this Section shall be construed to prohibit
accepted animal husbandry practices or accepted veterinary
medical practices by a licensed veterinarian or certified
veterinary technician.
    (h) If the court has reasonable grounds to believe that a
violation of this Section has occurred, the court may order the
seizure of all animals involved in the alleged violation as a
condition of bond of a person charged with a violation of this
Section.
    (i) In this Section:
    "Animal" means every creature, either alive or dead, other
than a human being.
    "Sexual conduct" means any knowing touching or fondling by
a person, either directly or through clothing, of the sex
organs or anus of an animal or any transfer or transmission of
semen by the person upon any part of the animal, for the
purpose of sexual gratification or arousal of the person.
    "Sexual contact" means any contact, however slight,
between the sex organ or anus of a person and the sex organ,
mouth, or anus of an animal, or any intrusion, however slight,
of any part of the body of the person into the sex organ or anus
of an animal, for the purpose of sexual gratification or
arousal of the person. Evidence of emission of semen is not
required to prove sexual contact.
(Source: P.A. 92-721, eff. 1-1-03.)
 
    (720 ILCS 5/12-4.1 rep.)
    (720 ILCS 5/12-4.2 rep.)
    (720 ILCS 5/12-4.2-5 rep.)
    (720 ILCS 5/12-4.3 rep.)
    (720 ILCS 5/12-4.4 rep.)
    (720 ILCS 5/12-4.6 rep.)
    (720 ILCS 5/12-4.7 rep.)
    (720 ILCS 5/12-4.8 rep.)
    (720 ILCS 5/12-19 rep.)
    (720 ILCS 5/12-21 rep.)
    (720 ILCS 5/Art. 45 heading rep.)
    Section 10. The Criminal Code of 1961 is amended by
repealing Sections 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.6, 12-4.7, 12-4.8, 12-19, and 12-21 and the heading of
Article 45.
 
    Section 900. The Children and Family Services Act is
amended by changing Section 7 as follows:
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify and locate a relative who is
ready, willing, and able to care for the child. At a minimum,
these efforts shall be renewed each time the child requires a
placement change and it is appropriate for the child to be
cared for in a home environment. The Department must document
its efforts to identify and locate such a relative placement
and maintain the documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly or
    disabled person as described in Section 12-21 or subsection
    (b) of Section 12-4.4a;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who
(i) is currently related to the child in any of the following
ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary custody
or guardianship of the Department, a "relative" may also
include any person who would have qualified as a relative under
this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set forth
in subsection (4.05) of Section 1-3 of the Juvenile Court Act
of 1987. A relative with whom a child is placed pursuant to
this subsection may, but is not required to, apply for
licensure as a foster family home pursuant to the Child Care
Act of 1969; provided, however, that as of July 1, 1995, foster
care payments shall be made only to licensed foster family
homes pursuant to the terms of Section 5 of this Act.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 94-880, eff. 8-1-06.)
 
    Section 905. The Criminal Identification Act is amended by
changing Sections 2.1 and 5.2 as follows:
 
    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
    Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Department of State Police, it
is necessary for all policing bodies of this State, the clerk
of the circuit court, the Illinois Department of Corrections,
the sheriff of each county, and State's Attorney of each county
to submit certain criminal arrest, charge, and disposition
information to the Department for filing at the earliest time
possible. Unless otherwise noted herein, it shall be the duty
of all policing bodies of this State, the clerk of the circuit
court, the Illinois Department of Corrections, the sheriff of
each county, and the State's Attorney of each county to report
such information as provided in this Section, both in the form
and manner required by the Department and within 30 days of the
criminal history event. Specifically:
    (a) Arrest Information. All agencies making arrests for
offenses which are required by statute to be collected,
maintained or disseminated by the Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also notify
the Department of all decisions by the arresting agency not to
refer such arrests for prosecution. With approval of the
Department, an agency making such arrests may enter into
arrangements with other agencies for the purpose of furnishing
daily such fingerprints, charges and descriptions to the
Department upon its behalf.
    (b) Charge Information. The State's Attorney of each county
shall notify the Department of all charges filed and all
petitions filed alleging that a minor is delinquent, including
all those added subsequent to the filing of a case, and whether
charges were not filed in cases for which the Department has
received information required to be reported pursuant to
paragraph (a) of this Section. With approval of the Department,
the State's Attorney may enter into arrangements with other
agencies for the purpose of furnishing the information required
by this subsection (b) to the Department upon the State's
Attorney's behalf.
    (c) Disposition Information. The clerk of the circuit court
of each county shall furnish the Department, in the form and
manner required by the Supreme Court, with all final
dispositions of cases for which the Department has received
information required to be reported pursuant to paragraph (a)
or (d) of this Section. Such information shall include, for
each charge, all (1) judgments of not guilty, judgments of
guilty including the sentence pronounced by the court, findings
that a minor is delinquent and any sentence made based on those
findings, discharges and dismissals in the court; (2) reviewing
court orders filed with the clerk of the circuit court which
reverse or remand a reported conviction or findings that a
minor is delinquent or that vacate or modify a sentence or
sentence made following a trial that a minor is delinquent; (3)
continuances to a date certain in furtherance of an order of
supervision granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05 of the Criminal Code of
1961, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Alcoholism and Other Drug
Abuse and Dependency Act, Section 10 of the Steroid Control
Act, or Section 5-615 of the Juvenile Court Act of 1987; and
(4) judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation, supervision
or conditional discharge and any resentencing or new court
orders entered by a juvenile court relating to the disposition
of a minor's case involving delinquency after such revocation.
    (d) Fingerprints After Sentencing.
        (1) After the court pronounces sentence, sentences a
    minor following a trial in which a minor was found to be
    delinquent or issues an order of supervision or an order of
    probation granted under Section 10 of the Cannabis Control
    Act, Section 410 of the Illinois Controlled Substances Act,
    Section 70 of the Methamphetamine Control and Community
    Protection Act, Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05 of the Criminal Code of 1961, Section
    10-102 of the Illinois Alcoholism and Other Drug Dependency
    Act, Section 40-10 of the Alcoholism and Other Drug Abuse
    and Dependency Act, Section 10 of the Steroid Control Act,
    or Section 5-615 of the Juvenile Court Act of 1987 for any
    offense which is required by statute to be collected,
    maintained, or disseminated by the Department of State
    Police, the State's Attorney of each county shall ask the
    court to order a law enforcement agency to fingerprint
    immediately all persons appearing before the court who have
    not previously been fingerprinted for the same case. The
    court shall so order the requested fingerprinting, if it
    determines that any such person has not previously been
    fingerprinted for the same case. The law enforcement agency
    shall submit such fingerprints to the Department daily.
        (2) After the court pronounces sentence or makes a
    disposition of a case following a finding of delinquency
    for any offense which is not required by statute to be
    collected, maintained, or disseminated by the Department
    of State Police, the prosecuting attorney may ask the court
    to order a law enforcement agency to fingerprint
    immediately all persons appearing before the court who have
    not previously been fingerprinted for the same case. The
    court may so order the requested fingerprinting, if it
    determines that any so sentenced person has not previously
    been fingerprinted for the same case. The law enforcement
    agency may retain such fingerprints in its files.
    (e) Corrections Information. The Illinois Department of
Corrections and the sheriff of each county shall furnish the
Department with all information concerning the receipt,
escape, execution, death, release, pardon, parole, commutation
of sentence, granting of executive clemency or discharge of an
individual who has been sentenced or committed to the agency's
custody for any offenses which are mandated by statute to be
collected, maintained or disseminated by the Department of
State Police. For an individual who has been charged with any
such offense and who escapes from custody or dies while in
custody, all information concerning the receipt and escape or
death, whichever is appropriate, shall also be so furnished to
the Department.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement and sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 12-4.3(b)(1) and (2)
        of the Criminal Code of 1961 (as those provisions
        existed before their deletion by Public Act 89-313),
        Section 10-102 of the Illinois Alcoholism and Other
        Drug Dependency Act, Section 40-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act, or Section 10
        of the Steroid Control Act. For the purpose of this
        Section, "successful completion" of an order of
        qualified probation under Section 10-102 of the
        Illinois Alcoholism and Other Drug Dependency Act and
        Section 40-10 of the Alcoholism and Other Drug Abuse
        and Dependency Act means that the probation was
        terminated satisfactorily and the judgment of
        conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), and (e) of this Section, the
    court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision, an order of qualified probation
        (as defined in subsection (a)(1)(J)), or a conviction
        for the following offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance, except Section 11-14 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance;
                (ii) Section 12-3.4, 12-15, 12-30, or 26-5 of
            the Criminal Code of 1961 or a similar provision of
            a local ordinance;
                (iii) offenses defined as "crimes of violence"
            in Section 2 of the Crime Victims Compensation Act
            or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) the sealing of the records of an arrest which
        results in the petitioner being charged with a felony
        offense or records of a charge not initiated by arrest
        for a felony offense, regardless of the disposition,
        unless:
                (i) the charge is amended to a misdemeanor and
            is otherwise eligible to be sealed pursuant to
            subsection (c);
                (ii) the charge is brought along with another
            charge as a part of one case and the charge results
            in acquittal, dismissal, or conviction when the
            conviction was reversed or vacated, and another
            charge brought in the same case results in a
            disposition for a misdemeanor offense that is
            eligible to be sealed pursuant to subsection (c) or
            a disposition listed in paragraph (i), (iii) or
            (iv) of this subsection;
                (iii) the charge results in first offender
            probation as set forth in subsection (c)(2)(E); or
                (iv) the charge is for a Class 4 felony offense
            listed in subsection (c)(2)(F) or the charge is
            amended to a Class 4 felony offense listed in
            subsection (c)(2)(F). Records of arrests which
            result in the petitioner being charged with a Class
            4 felony offense listed in subsection (c)(2)(F),
            records of charges not initiated by arrest for
            Class 4 felony offenses listed in subsection
            (c)(2)(F), and records of charges amended to a
            Class 4 felony offense listed in (c)(2)(F) may be
            sealed, regardless of the disposition, subject to
            any waiting periods set forth in subsection
            (c)(3).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when:
            (A) He or she has never been convicted of a
        criminal offense; and
            (B) Each arrest or charge not initiated by arrest
        sought to be expunged resulted in: (i) acquittal,
        dismissal, or the petitioner's release without
        charging, unless excluded by subsection (a)(3)(B);
        (ii) a conviction which was vacated or reversed, unless
        excluded by subsection (a)(3)(B); (iii) an order of
        supervision and such supervision was successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
        qualified probation (as defined in subsection
        (a)(1)(J)) and such probation was successfully
        completed by the petitioner.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 12-3.2, 12-15 or 16A-3 of the Criminal Code
            of 1961 or a similar provision of a local
            ordinance, shall not be eligible for expungement
            until 5 years have passed following the
            satisfactory termination of the supervision.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court shall enter an
    expungement order as provided in subsection (b) of Section
    5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 12-4.3 or subdivision (b)(1) of Section
    12-3.05 of the Criminal Code of 1961, Section 10-102 of the
    Illinois Alcoholism and Other Drug Dependency Act, Section
    40-10 of the Alcoholism and Other Drug Abuse and Dependency
    Act, or Section 10 of the Steroid Control Act.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B) or (a)(3)(D);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions unless excluded by subsection
        (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, or Section 70
        of the Methamphetamine Control and Community
        Protection Act; and
            (F) Arrests or charges not initiated by arrest
        resulting in Class 4 felony convictions for the
        following offenses:
                (i) Section 11-14 of the Criminal Code of 1961;
                (ii) Section 4 of the Cannabis Control Act;
                (iii) Section 402 of the Illinois Controlled
            Substances Act;
                (iv) the Methamphetamine Precursor Control
            Act; and
                (v) the Steroid Control Act.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Records identified as eligible under
        subsection (c)(2)(C) may be sealed (i) 3 years after
        the termination of petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        never been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)); or (ii) 4 years after the
        termination of the petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        ever been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)).
            (C) Records identified as eligible under
        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
        sealed 4 years after the termination of the
        petitioner's last sentence (as defined in subsection
        (a)(1)(F)).
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b) and (e), and sealing under
subsection (c):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, if not waived.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to seal felony records pursuant to clause
    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
    petitioning to expunge felony records of a qualified
    probation pursuant to clause (b)(1)(B)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition on the State's
    Attorney or prosecutor charged with the duty of prosecuting
    the offense, the Department of State Police, the arresting
    agency and the chief legal officer of the unit of local
    government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing, and shall hear
    evidence on whether the petition should or should not be
    granted, and shall grant or deny the petition to expunge or
    seal the records based on the evidence presented at the
    hearing.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Effect of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records
        from anyone not authorized by law to access such
        records the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. The
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order.
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Department pertaining to that individual. Upon
entry of the order of expungement, the circuit court clerk
shall promptly mail a copy of the order to the person who was
pardoned.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
    Section 910. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
 
    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
    Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
    (A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
    (B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, or the
collection, maintenance or dissemination of criminal history
record information.
    (C) "The Authority" means the Illinois Criminal Justice
Information Authority.
    (D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
    (E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Department pursuant to Section
2.1 of the Criminal Identification Act.
    (F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
    For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community
Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961, Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act, Section
40-10 of the Alcoholism and Other Drug Abuse and Dependency
Act, or Section 10 of the Steroid Control Act shall not be
deemed "conviction information".
    (G) "Criminal history record information" means data
identifiable to an individual and consisting of descriptions or
notations of arrests, detentions, indictments, informations,
pretrial proceedings, trials, or other formal events in the
criminal justice system or descriptions or notations of
criminal charges (including criminal violations of local
municipal ordinances) and the nature of any disposition arising
therefrom, including sentencing, court or correctional
supervision, rehabilitation and release. The term does not
apply to statistical records and reports in which individual
are not identified and from which their identities are not
ascertainable, or to information that is for criminal
investigative or intelligence purposes.
    (H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated
by the Department as a criminal justice agency for purposes of
this Act.
    (I) "The Department" means the Illinois Department of State
Police.
    (J) "Director" means the Director of the Illinois
Department of State Police.
    (K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
    (L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
    (M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
    (M-5) "Request" means the submission to the Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the Department to initiate a
search of its criminal history record information files.
    (N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Department of State Police regarding a particular
individual.
    (O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 915. The Counties Code is amended by changing
Section 5-1103 as follows:
 
    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
    Sec. 5-1103. Court services fee. A county board may enact
by ordinance or resolution a court services fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services deemed
necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such fee shall
be paid in civil cases by each party at the time of filing the
first pleading, paper or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper or other appearance. In
criminal, local ordinance, county ordinance, traffic and
conservation cases, such fee shall be assessed against the
defendant upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction, or
order of supervision, or sentence of probation without entry of
judgment pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act, Section
70 of the Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of the
Criminal Code of 1961, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act, or Section
10 of the Steroid Control Act. In setting such fee, the county
board may impose, with the concurrence of the Chief Judge of
the judicial circuit in which the county is located by
administrative order entered by the Chief Judge, differential
rates for the various types or categories of criminal and civil
cases, but the maximum rate shall not exceed $25. All proceeds
from this fee must be used to defray court security expenses
incurred by the sheriff in providing court services. No fee
shall be imposed or collected, however, in traffic,
conservation, and ordinance cases in which fines are paid
without a court appearance. The fees shall be collected in the
manner in which all other court fees or costs are collected and
shall be deposited into the county general fund for payment
solely of costs incurred by the sheriff in providing court
security or for any other court services deemed necessary by
the sheriff to provide for court security.
(Source: P.A. 93-558, eff. 12-1-03; 94-556, eff. 9-11-05.)
 
    Section 920. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
 
    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
    Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-6, 11-9, 11-14, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-21, 11-22, 12-4.3, 12-4.4, 12-4.5, 12-6, 12-7.1, 12-11,
12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.1, 18-1, 18-2, 20-1,
20-1.1, 31A-1, 31A-1.1, and 33A-2, and in subsection (a) and
subsection (b), clause (1), of Section 12-4, in subdivisions
(a)(1), (b)(1), and (f)(1) of Section 12-3.05, and in
subsection (a-5) of Section 12-3.1 of the Criminal Code of
1961; (ii) those offenses defined in the Cannabis Control Act
except those offenses defined in subsections (a) and (b) of
Section 4, and subsection (a) of Section 5 of the Cannabis
Control Act (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in the
Methamphetamine Control and Community Protection Act; and (v)
any offense committed or attempted in any other state or
against the laws of the United States, which if committed or
attempted in this State would be punishable as one or more of
the foregoing offenses. Upon receipt of this authorization, the
private carrier company shall submit the applicant's name, sex,
race, date of birth, fingerprints and social security number to
the Department of State Police on forms prescribed by the
Department. The Department of State Police shall conduct an
investigation to ascertain if the applicant has been convicted
of any of the above enumerated offenses. The Department shall
charge the private carrier company a fee for conducting the
investigation, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such investigation
by the private carrier company. The Department of State Police
shall furnish, pursuant to positive identification, records of
convictions, until expunged, to the private carrier company
which requested the investigation. A copy of the record of
convictions obtained from the Department shall be provided to
the applicant. Any record of conviction received by the private
carrier company shall be confidential. Any person who releases
any confidential information concerning any criminal
convictions of an applicant shall be guilty of a Class A
misdemeanor, unless authorized by this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 925. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
 
    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
    Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
    (b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing
or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) harboring a runaway;
        (3.4) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) hate crime;
        (16) stalking;
        (17) aggravated stalking;
        (18) threatening public officials;
        (19) home invasion;
        (20) vehicular invasion;
        (21) criminal transmission of HIV;
        (22) criminal abuse or neglect of an elderly or
    disabled person as described in Section 12-21 or subsection
    (b) of Section 12-4.4a;
        (23) child abandonment;
        (24) endangering the life or health of a child;
        (25) ritual mutilation;
        (26) ritualized abuse of a child;
        (27) an offense in any other jurisdiction the elements
    of which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
 
(I) BODILY HARM

 
        (1) Felony aggravated assault.
        (2) Vehicular endangerment.
        (3) Felony domestic battery.
        (4) Aggravated battery.
        (5) Heinous battery.
        (6) Aggravated battery with a firearm.
        (7) Aggravated battery of an unborn child.
        (8) Aggravated battery of a senior citizen.
        (9) Intimidation.
        (10) Compelling organization membership of persons.
        (11) Abuse and criminal gross neglect of a long term
    care facility resident.
        (12) Felony violation of an order of protection.
 
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (1) Felony unlawful use of weapons.
        (2) Aggravated discharge of a firearm.
        (3) Reckless discharge of a firearm.
        (4) Unlawful use of metal piercing bullets.
        (5) Unlawful sale or delivery of firearms on the
    premises of any school.
        (6) Disarming a police officer.
        (7) Obstructing justice.
        (8) Concealing or aiding a fugitive.
        (9) Armed violence.
        (10) Felony contributing to the criminal delinquency
    of a juvenile.
 
(III) DRUG OFFENSES

 
        (1) Possession of more than 30 grams of cannabis.
        (2) Manufacture of more than 10 grams of cannabis.
        (3) Cannabis trafficking.
        (4) Delivery of cannabis on school grounds.
        (5) Unauthorized production of more than 5 cannabis
    sativa plants.
        (6) Calculated criminal cannabis conspiracy.
        (7) Unauthorized manufacture or delivery of controlled
    substances.
        (8) Controlled substance trafficking.
        (9) Manufacture, distribution, or advertisement of
    look-alike substances.
        (10) Calculated criminal drug conspiracy.
        (11) Street gang criminal drug conspiracy.
        (12) Permitting unlawful use of a building.
        (13) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (14) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
        (16) Sale or delivery of drug paraphernalia.
        (17) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
        (19) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (b-2) For child care facilities other than foster family
homes, the Department may issue a new child care facility
license to or renew the existing child care facility license of
an applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
        (1) The relevant criminal offense occurred more than 5
    years prior to the date of application or renewal, except
    for drug offenses. The relevant drug offense must have
    occurred more than 10 years prior to the date of
    application or renewal, unless the applicant passed a drug
    test, arranged and paid for by the child care facility, no
    less than 5 years after the offense.
        (2) The Department must conduct a background check and
    assess all convictions and recommendations of the child
    care facility to determine if waiver shall apply in
    accordance with Department administrative rules and
    procedures.
        (3) The applicant meets all other requirements and
    qualifications to be licensed as the pertinent type of
    child care facility under this Act and the Department's
    administrative rules.
    (c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a
foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Cannabis Control Act, the Methamphetamine Control and
Community Protection Act, and the Illinois Controlled
Substances Act:
 
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
    (A) KIDNAPPING AND RELATED OFFENSES
        (1) Unlawful restraint.
 
    (B) BODILY HARM
        (2) Felony aggravated assault.
        (3) Vehicular endangerment.
        (4) Felony domestic battery.
        (5) Aggravated battery.
        (6) Heinous battery.
        (7) Aggravated battery with a firearm.
        (8) Aggravated battery of an unborn child.
        (9) Aggravated battery of a senior citizen.
        (10) Intimidation.
        (11) Compelling organization membership of persons.
        (12) Abuse and criminal gross neglect of a long term
    care facility resident.
        (13) Felony violation of an order of protection.
 
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
        (14) Felony theft.
        (15) Robbery.
        (16) Armed robbery.
        (17) Aggravated robbery.
        (18) Vehicular hijacking.
        (19) Aggravated vehicular hijacking.
        (20) Burglary.
        (21) Possession of burglary tools.
        (22) Residential burglary.
        (23) Criminal fortification of a residence or
    building.
        (24) Arson.
        (25) Aggravated arson.
        (26) Possession of explosive or explosive incendiary
    devices.
 
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (27) Felony unlawful use of weapons.
        (28) Aggravated discharge of a firearm.
        (29) Reckless discharge of a firearm.
        (30) Unlawful use of metal piercing bullets.
        (31) Unlawful sale or delivery of firearms on the
    premises of any school.
        (32) Disarming a police officer.
        (33) Obstructing justice.
        (34) Concealing or aiding a fugitive.
        (35) Armed violence.
        (36) Felony contributing to the criminal delinquency
    of a juvenile.
 
(IV) DRUG OFFENSES

 
        (37) Possession of more than 30 grams of cannabis.
        (38) Manufacture of more than 10 grams of cannabis.
        (39) Cannabis trafficking.
        (40) Delivery of cannabis on school grounds.
        (41) Unauthorized production of more than 5 cannabis
    sativa plants.
        (42) Calculated criminal cannabis conspiracy.
        (43) Unauthorized manufacture or delivery of
    controlled substances.
        (44) Controlled substance trafficking.
        (45) Manufacture, distribution, or advertisement of
    look-alike substances.
        (46) Calculated criminal drug conspiracy.
        (46.5) Streetgang criminal drug conspiracy.
        (47) Permitting unlawful use of a building.
        (48) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (49) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
        (51) Sale or delivery of drug paraphernalia.
        (52) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an existing
foster family home license of an applicant who was convicted of
an offense described in subsection (c), provided all of the
following requirements are met:
        (1) The relevant criminal offense or offenses occurred
    more than 10 years prior to the date of application or
    renewal.
        (2) The applicant had previously disclosed the
    conviction or convictions to the Department for purposes of
    a background check.
        (3) After the disclosure, the Department either placed
    a child in the home or the foster family home license was
    issued.
        (4) During the background check, the Department had
    assessed and waived the conviction in compliance with the
    existing statutes and rules in effect at the time of the
    waiver.
        (5) The applicant meets all other requirements and
    qualifications to be licensed as a foster family home under
    this Act and the Department's administrative rules.
        (6) The applicant has a history of providing a safe,
    stable home environment and appears able to continue to
    provide a safe, stable home environment.
(Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
 
    Section 930. The Health Care Worker Background Check Act is
amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Persons ineligible to be hired by health care
employers and long-term care facilities.
    (a) In the discretion of the Director of Public Health, as
soon after January 1, 1996, January 1, 1997, January 1, 2006,
or October 1, 2007, as applicable, and as is reasonably
practical, no health care employer shall knowingly hire,
employ, or retain any individual in a position with duties
involving direct care for clients, patients, or residents, and
no long-term care facility shall knowingly hire, employ, or
retain any individual in a position with duties that involve or
may involve contact with residents or access to the living
quarters or the financial, medical, or personal records of
residents, who has been convicted of committing or attempting
to commit one or more of the following offenses: those defined
in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2,
12-3.05, 12-3, 12-3.1, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.2,
12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32,
12-33, 16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5,
19-1, 19-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2,
or in subsection (a) of Section 12-3 or subsection (a) or (b)
of Section 12-4.4a, of the Criminal Code of 1961; those
provided in Section 4 of the Wrongs to Children Act; those
provided in Section 53 of the Criminal Jurisprudence Act; those
defined in Section 5, 5.1, 5.2, 7, or 9 of the Cannabis Control
Act; those defined in the Methamphetamine Control and Community
Protection Act; or those defined in Sections 401, 401.1, 404,
405, 405.1, 407, or 407.1 of the Illinois Controlled Substances
Act, unless the applicant or employee obtains a waiver pursuant
to Section 40.
    (a-1) In the discretion of the Director of Public Health,
as soon after January 1, 2004 or October 1, 2007, as
applicable, and as is reasonably practical, no health care
employer shall knowingly hire any individual in a position with
duties involving direct care for clients, patients, or
residents, and no long-term care facility shall knowingly hire
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents,
who has (i) been convicted of committing or attempting to
commit one or more of the offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
and Debit Card Act; or Section 5.1 of the Wrongs to Children
Act; or (ii) violated Section 50-50 of the Nurse Practice Act,
unless the applicant or employee obtains a waiver pursuant to
Section 40 of this Act.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
    (b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents, and no
long-term care facility shall knowingly hire, employ, or retain
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents, if
the health care employer becomes aware that the individual has
been convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check, unless the applicant or employee obtains
a waiver pursuant to Section 40 of this Act. This shall not be
construed to mean that a health care employer has an obligation
to conduct a criminal history records check in other states in
which an employee has resided.
(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
    Section 935. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 17 as follows:
 
    (225 ILCS 70/17)  (from Ch. 111, par. 3667)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 17. Grounds for disciplinary action.
    (a) The Department may impose fines not to exceed $10,000
or may refuse to issue or to renew, or may revoke, suspend,
place on probation, censure, reprimand or take other
disciplinary or non-disciplinary action with regard to the
license of any person, for any one or combination of the
following causes:
        (1) Intentional material misstatement in furnishing
    information to the Department.
        (2) Conviction of or entry of a plea of guilty or nolo
    contendere to any crime that is a felony under the laws of
    the United States or any state or territory thereof or a
    misdemeanor of which an essential element is dishonesty or
    that is directly related to the practice of the profession
    of nursing home administration.
        (3) Making any misrepresentation for the purpose of
    obtaining a license, or violating any provision of this
    Act.
        (4) Immoral conduct in the commission of any act, such
    as sexual abuse or sexual misconduct, related to the
    licensee's practice.
        (5) Failing to respond within 30 days, to a written
    request made by the Department for information.
        (6) Engaging in dishonorable, unethical or
    unprofessional conduct of a character likely to deceive,
    defraud or harm the public.
        (7) Habitual use or addiction to alcohol, narcotics,
    stimulants, or any other chemical agent or drug which
    results in the inability to practice with reasonable
    judgment, skill or safety.
        (8) Discipline by another U.S. jurisdiction if at least
    one of the grounds for the discipline is the same or
    substantially equivalent to those set forth herein.
        (9) A finding by the Department that the licensee,
    after having his or her license placed on probationary
    status has violated the terms of probation.
        (10) Willfully making or filing false records or
    reports in his or her practice, including but not limited
    to false records filed with State agencies or departments.
        (11) Physical illness, mental illness, or other
    impairment or disability, including, but not limited to,
    deterioration through the aging process, or loss of motor
    skill that results in the inability to practice the
    profession with reasonable judgment, skill or safety.
        (12) Disregard or violation of this Act or of any rule
    issued pursuant to this Act.
        (13) Aiding or abetting another in the violation of
    this Act or any rule or regulation issued pursuant to this
    Act.
        (14) Allowing one's license to be used by an unlicensed
    person.
        (15) (Blank).
        (16) Professional incompetence in the practice of
    nursing home administration.
        (17) Conviction of a violation of Section 12-19 or
    subsection (a) of Section 12-4.4a of the Criminal Code of
    1961 for the abuse and criminal gross neglect of a long
    term care facility resident.
        (18) Violation of the Nursing Home Care Act or the
    MR/DD Community Care Act or of any rule issued under the
    Nursing Home Care Act or the MR/DD Community Care Act. A
    final adjudication of a Type "AA" violation of the Nursing
    Home Care Act made by the Illinois Department of Public
    Health, as identified by rule, relating to the hiring,
    training, planning, organizing, directing, or supervising
    the operation of a nursing home and a licensee's failure to
    comply with this Act or the rules adopted under this Act,
    shall create a rebuttable presumption of a violation of
    this subsection.
        (19) Failure to report to the Department any adverse
    final action taken against the licensee by a licensing
    authority of another state, territory of the United States,
    or foreign country; or by any governmental or law
    enforcement agency; or by any court for acts or conduct
    similar to acts or conduct that would constitute grounds
    for disciplinary action under this Section.
        (20) Failure to report to the Department the surrender
    of a license or authorization to practice as a nursing home
    administrator in another state or jurisdiction for acts or
    conduct similar to acts or conduct that would constitute
    grounds for disciplinary action under this Section.
        (21) Failure to report to the Department any adverse
    judgment, settlement, or award arising from a liability
    claim related to acts or conduct similar to acts or conduct
    that would constitute grounds for disciplinary action
    under this Section.
    All proceedings to suspend, revoke, place on probationary
status, or take any other disciplinary action as the Department
may deem proper, with regard to a license on any of the
foregoing grounds, must be commenced within 5 years next after
receipt by the Department of (i) a complaint alleging the
commission of or notice of the conviction order for any of the
acts described herein or (ii) a referral for investigation
under Section 3-108 of the Nursing Home Care Act.
    The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume their
practice only upon the entry of a Department order based upon a
finding by the Board that they have been determined to be
recovered from mental illness by the court and upon the Board's
recommendation that they be permitted to resume their practice.
    The Department, upon the recommendation of the Board, may
adopt rules which set forth standards to be used in determining
what constitutes:
        (i) when a person will be deemed sufficiently
    rehabilitated to warrant the public trust;
        (ii) dishonorable, unethical or unprofessional conduct
    of a character likely to deceive, defraud, or harm the
    public;
        (iii) immoral conduct in the commission of any act
    related to the licensee's practice; and
        (iv) professional incompetence in the practice of
    nursing home administration.
    However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
    In enforcing this Section, the Department or Board, upon a
showing of a possible violation, may compel any individual
licensed to practice under this Act, or who has applied for
licensure pursuant to this Act, to submit to a mental or
physical examination, or both, as required by and at the
expense of the Department. The examining physician or
physicians shall be those specifically designated by the
Department or Board. The Department or Board may order the
examining physician to present testimony concerning this
mental or physical examination of the licensee or applicant. No
information shall be excluded by reason of any common law or
statutory privilege relating to communications between the
licensee or applicant and the examining physician. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to submit
to mental or physical examination, when directed, shall be
grounds for suspension of his or her license until such time as
the individual submits to the examination if the Department
finds, after notice and hearing, that the refusal to submit to
the examination was without reasonable cause.
    If the Department or Board finds an individual unable to
practice because of the reasons set forth in this Section, the
Department or Board shall require such individual to submit to
care, counseling, or treatment by physicians approved or
designated by the Department or Board, as a condition, term, or
restriction for continued, reinstated, or renewed licensure to
practice; or in lieu of care, counseling, or treatment, the
Department may file, or the Board may recommend to the
Department to file, a complaint to immediately suspend, revoke,
or otherwise discipline the license of the individual. Any
individual whose license was granted pursuant to this Act or
continued, reinstated, renewed, disciplined or supervised,
subject to such terms, conditions or restrictions who shall
fail to comply with such terms, conditions or restrictions
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Department. In instances
in which the Secretary immediately suspends a license under
this Section, a hearing upon such person's license must be
convened by the Board within 30 days after such suspension and
completed without appreciable delay. The Department and Board
shall have the authority to review the subject administrator's
record of treatment and counseling regarding the impairment, to
the extent permitted by applicable federal statutes and
regulations safeguarding the confidentiality of medical
records.
    An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to the
Department or Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
    (b) Any individual or organization acting in good faith,
and not in a wilful and wanton manner, in complying with this
Act by providing any report or other information to the
Department, or assisting in the investigation or preparation of
such information, or by participating in proceedings of the
Department, or by serving as a member of the Board, shall not,
as a result of such actions, be subject to criminal prosecution
or civil damages.
    (c) Members of the Board, and persons retained under
contract to assist and advise in an investigation, shall be
indemnified by the State for any actions occurring within the
scope of services on or for the Board, done in good faith and
not wilful and wanton in nature. The Attorney General shall
defend all such actions unless he or she determines either that
there would be a conflict of interest in such representation or
that the actions complained of were not in good faith or were
wilful and wanton.
    Should the Attorney General decline representation, a
person entitled to indemnification under this Section shall
have the right to employ counsel of his or her choice, whose
fees shall be provided by the State, after approval by the
Attorney General, unless there is a determination by a court
that the member's actions were not in good faith or were wilful
and wanton.
    A person entitled to indemnification under this Section
must notify the Attorney General within 7 days of receipt of
notice of the initiation of any action involving services of
the Board. Failure to so notify the Attorney General shall
constitute an absolute waiver of the right to a defense and
indemnification.
    The Attorney General shall determine within 7 days after
receiving such notice, whether he or she will undertake to
represent a person entitled to indemnification under this
Section.
    (d) The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission as
provided in the Mental Health and Developmental Disabilities
Code, as amended, operates as an automatic suspension. Such
suspension will end only upon a finding by a court that the
patient is no longer subject to involuntary admission or
judicial admission and issues an order so finding and
discharging the patient; and upon the recommendation of the
Board to the Secretary that the licensee be allowed to resume
his or her practice.
    (e) The Department may refuse to issue or may suspend the
license of any person who fails to file a return, or to pay the
tax, penalty or interest shown in a filed return, or to pay any
final assessment of tax, penalty or interest, as required by
any tax Act administered by the Department of Revenue, until
such time as the requirements of any such tax Act are
satisfied.
    (f) The Department of Public Health shall transmit to the
Department a list of those facilities which receive an "A"
violation as defined in Section 1-129 of the Nursing Home Care
Act.
(Source: P.A. 95-703, eff. 12-31-07; 96-339, eff. 7-1-10;
96-1372, eff. 7-29-10.)
 
    Section 945. The Illinois Sexually Transmissible Disease
Control Act is amended by changing Section 5.5 as follows:
 
    (410 ILCS 325/5.5)  (from Ch. 111 1/2, par. 7405.5)
    Sec. 5.5. Risk assessment.
    (a) Whenever the Department receives a report of HIV
infection or AIDS pursuant to this Act and the Department
determines that the subject of the report may present or may
have presented a possible risk of HIV transmission, the
Department shall, when medically appropriate, investigate the
subject of the report and that person's contacts as defined in
subsection (c), to assess the potential risks of transmission.
Any investigation and action shall be conducted in a timely
fashion. All contacts other than those defined in subsection
(c) shall be investigated in accordance with Section 5 of this
Act.
    (b) If the Department determines that there is or may have
been potential risks of HIV transmission from the subject of
the report to other persons, the Department shall afford the
subject the opportunity to submit any information and comment
on proposed actions the Department intends to take with respect
to the subject's contacts who are at potential risk of
transmission of HIV prior to notification of the subject's
contacts. The Department shall also afford the subject of the
report the opportunity to notify the subject's contacts in a
timely fashion who are at potential risk of transmission of HIV
prior to the Department taking any steps to notify such
contacts. If the subject declines to notify such contacts or if
the Department determines the notices to be inadequate or
incomplete, the Department shall endeavor to notify such other
persons of the potential risk, and offer testing and counseling
services to these individuals. When the contacts are notified,
they shall be informed of the disclosure provisions of the AIDS
Confidentiality Act and the penalties therein and this Section.
    (c) Contacts investigated under this Section shall in the
case of HIV infection include (i) individuals who have
undergone invasive procedures performed by an HIV infected
health care provider and (ii) health care providers who have
performed invasive procedures for persons infected with HIV,
provided the Department has determined that there is or may
have been potential risk of HIV transmission from the health
care provider to those individuals or from infected persons to
health care providers. The Department shall have access to the
subject's records to review for the identity of contacts. The
subject's records shall not be copied or seized by the
Department.
    For purposes of this subsection, the term "invasive
procedures" means those procedures termed invasive by the
Centers for Disease Control in current guidelines or
recommendations for the prevention of HIV transmission in
health care settings, and the term "health care provider" means
any physician, dentist, podiatrist, advanced practice nurse,
physician assistant, nurse, or other person providing health
care services of any kind.
    (d) All information and records held by the Department and
local health authorities pertaining to activities conducted
pursuant to this Section shall be strictly confidential and
exempt from copying and inspection under the Freedom of
Information Act. Such information and records shall not be
released or made public by the Department or local health
authorities, and shall not be admissible as evidence, nor
discoverable in any action of any kind in any court or before
any tribunal, board, agency or person and shall be treated in
the same manner as the information and those records subject to
the provisions of Part 21 of the Code of Civil Procedure except
under the following circumstances:
        (1) When made with the written consent of all persons
    to whom this information pertains;
        (2) When authorized under Section 8 to be released
    under court order or subpoena pursuant to Section 12-5.01
    or 12-16.2 of the Criminal Code of 1961; or
        (3) When made by the Department for the purpose of
    seeking a warrant authorized by Sections 6 and 7 of this
    Act. Such disclosure shall conform to the requirements of
    subsection (a) of Section 8 of this Act.
    (e) Any person who knowingly or maliciously disseminates
any information or report concerning the existence of any
disease under this Section is guilty of a Class A misdemeanor.
(Source: P.A. 93-962, eff. 8-20-04.)
 
    Section 950. The Illinois Vehicle Code is amended by
changing Sections 6-106.1 and 6-508 as follows:
 
    (625 ILCS 5/6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not been
    revoked, suspended, or canceled for 3 years immediately
    prior to the date of application, or have not had his or
    her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a written test, administered by
    the Secretary of State, on school bus operation, school bus
    safety, and special traffic laws relating to school buses
    and submit to a review of the applicant's driving habits by
    the Secretary of State at the time the written test is
    given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not subject
    to such testing pursuant to federal law, conducted by a
    licensed physician, an advanced practice nurse who has a
    written collaborative agreement with a collaborating
    physician which authorizes him or her to perform medical
    examinations, or a physician assistant who has been
    delegated the performance of medical examinations by his or
    her supervising physician within 90 days of the date of
    application according to standards promulgated by the
    Secretary of State;
        7. affirm under penalties of perjury that he or she has
    not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver safety
    as promulgated by the Secretary of State; and after
    satisfactory completion of said initial course an annual
    refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been convicted of 2 or more serious traffic
    offenses, as defined by rule, within one year prior to the
    date of application that may endanger the life or safety of
    any of the driver's passengers within the duration of the
    permit period;
        10. not have been convicted of reckless driving,
    aggravated reckless driving, driving while under the
    influence of alcohol, other drug or drugs, intoxicating
    compound or compounds or any combination thereof, or
    reckless homicide resulting from the operation of a motor
    vehicle within 3 years of the date of application;
        11. not have been convicted of committing or attempting
    to commit any one or more of the following offenses: (i)
    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
    10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5, 11-6.6, 11-9,
    11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-15, 11-15.1,
    11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1,
    11-19.2, 11-20, 11-20.1, 11-20.3, 11-21, 11-22, 11-23,
    11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
    12-21.5, 12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3,
    18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
    24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
    24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
    (b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
    (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
    Section 12-3.05, and in subsection (a) and subsection (b),
    clause (1), of Section 12-4, and in subsection (A), clauses
    (a) and (b), of Section 24-3, and those offenses contained
    in Article 29D of the Criminal Code of 1961; (ii) those
    offenses defined in the Cannabis Control Act except those
    offenses defined in subsections (a) and (b) of Section 4,
    and subsection (a) of Section 5 of the Cannabis Control
    Act; (iii) those offenses defined in the Illinois
    Controlled Substances Act; (iv) those offenses defined in
    the Methamphetamine Control and Community Protection Act;
    (v) any offense committed or attempted in any other state
    or against the laws of the United States, which if
    committed or attempted in this State would be punishable as
    one or more of the foregoing offenses; (vi) the offenses
    defined in Section 4.1 and 5.1 of the Wrongs to Children
    Act; (vii) those offenses defined in Section 6-16 of the
    Liquor Control Act of 1934; and (viii) those offenses
    defined in the Methamphetamine Precursor Control Act; .
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a motor
    vehicle, caused an accident resulting in the death of any
    person; and
        14. not have, within the last 5 years, been adjudged to
    be afflicted with or suffering from any mental disability
    or disease.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief
description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in compliance
    with the provisions of subsection (a) of this Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
        (6) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving notice
    from the employer that the holder failed to perform the
    inspection procedure set forth in subsection (a) or (b) of
    Section 12-816 of this Code.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
    (h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
    (i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
    (j) For purposes of subsections (h) and (i) of this
Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; revised 9-2-10.)
 
    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
    Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
    (a) Testing.
        (1) General. No person shall be issued an original or
    renewal CDL unless that person is domiciled in this State.
    The Secretary shall cause to be administered such tests as
    the Secretary deems necessary to meet the requirements of
    49 C.F.R. Part 383, subparts F, G, H, and J.
        (2) Third party testing. The Secretary of state may
    authorize a "third party tester", pursuant to 49 C.F.R.
    Part 383.75, to administer the skills test or tests
    specified by Federal Motor Carrier Safety Administration
    pursuant to the Commercial Motor Vehicle Safety Act of 1986
    and any appropriate federal rule.
    (b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
    (c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
    (c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
        (1) the person has submitted his or her fingerprints to
    the Department of State Police in the form and manner
    prescribed by the Department of State Police. These
    fingerprints shall be checked against the fingerprint
    records now and hereafter filed in the Department of State
    Police and Federal Bureau of Investigation criminal
    history records databases;
        (2) the person has passed a written test, administered
    by the Secretary of State, on charter bus operation,
    charter bus safety, and certain special traffic laws
    relating to school buses determined by the Secretary of
    State to be relevant to charter buses, and submitted to a
    review of the driver applicant's driving habits by the
    Secretary of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    operate school buses by submitting the results of a medical
    examination, including tests for drug use; and
        (4) the person has not been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1.2,
    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-6, 11-6.5,
    11-6.6, 11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1,
    11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
    11-19, 11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.3, 11-21,
    11-22, 11-23, 11-24, 11-25, 11-26, 12-2.6, 12-3.1, 12-4,
    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
    12-4.7, 12-4.9, 12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3,
    12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,
    12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16, 16-16.1,
    18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1, 20-1.2, 20-1.3,
    20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7,
    24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1, 33A-2, and 33D-1,
    and in subsection (b) of Section 8-1, and in subdivisions
    (a)(1), (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4),
    and (f)(1) of Section 12-3.05, and in subsection (a) and
    subsection (b), clause (1), of Section 12-4, and in
    subsection (A), clauses (a) and (b), of Section 24-3, and
    those offenses contained in Article 29D of the Criminal
    Code of 1961; (ii) those offenses defined in the Cannabis
    Control Act except those offenses defined in subsections
    (a) and (b) of Section 4, and subsection (a) of Section 5
    of the Cannabis Control Act; (iii) those offenses defined
    in the Illinois Controlled Substances Act; (iv) those
    offenses defined in the Methamphetamine Control and
    Community Protection Act; (v) any offense committed or
    attempted in any other state or against the laws of the
    United States, which if committed or attempted in this
    State would be punishable as one or more of the foregoing
    offenses; (vi) the offenses defined in Sections 4.1 and 5.1
    of the Wrongs to Children Act; (vii) those offenses defined
    in Section 6-16 of the Liquor Control Act of 1934; and
    (viii) those offenses defined in the Methamphetamine
    Precursor Control Act.
    The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
    (c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
    (d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
96-1182, eff. 7-22-10.)
 
    Section 955. The Juvenile Court Act of 1987 is amended by
changing Sections 2-25, 3-26, 4-23, 5-130, 5-410, and 5-730 as
follows:
 
    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
    Sec. 2-25. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
        (a) to stay away from the home or the minor;
        (b) to permit a parent to visit the minor at stated
    periods;
        (c) to abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) to give proper attention to the care of the home;
        (e) to cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) to prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) to refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor;
        (h) to refrain from contacting the minor and the foster
    parents in any manner that is not specified in writing in
    the case plan.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the health, safety,
and best interests of the minor and the public will be served
thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act if
such an order is consistent with the health, safety, and best
interests of the minor. Any person against whom an order of
protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be
informed prior to the hearing in writing of the contents of the
petition seeking a protective order and of the date, place and
time of such hearing, and to cross examine witnesses called by
the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a temporary custody hearing, the court may not
conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has
notified such person by personal service at least 3 days before
the hearing or has sent written notice by first class mail to
such person's last known address at least 5 days before the
hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
Any modification of the order granted by the court must be
determined to be consistent with the best interests of the
minor.
    (9) If a petition is filed charging a violation of a
condition contained in the protective order and if the court
determines that this violation is of a critical service
necessary to the safety and welfare of the minor, the court may
proceed to findings and an order for temporary custody.
(Source: P.A. 95-405, eff. 6-1-08.)
 
    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
    Sec. 3-26. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
        (a) To stay away from the home or the minor;
        (b) To permit a parent to visit the minor at stated
    periods;
        (c) To abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) To give proper attention to the care of the home;
        (e) To cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) To prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) To refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-655, eff. 7-30-98.)
 
    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
    Sec. 4-23. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
        (a) To stay away from the home or the minor;
        (b) To permit a parent to visit the minor at stated
    periods;
        (c) To abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) To give proper attention to the care of the home;
        (e) To cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) To prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) To refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-655, eff. 7-30-98.)
 
    (705 ILCS 405/5-130)
    Sec. 5-130. Excluded jurisdiction.
    (1) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 15 years of age and who is
charged with: (i) first degree murder, (ii) aggravated criminal
sexual assault, (iii) aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05 where the minor personally
discharged a firearm as defined in Section 2-15.5 of the
Criminal Code of 1961, (iv) armed robbery when the armed
robbery was committed with a firearm, or (v) aggravated
vehicular hijacking when the hijacking was committed with a
firearm.
    These charges and all other charges arising out of the same
incident shall be prosecuted under the criminal laws of this
State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (1) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the Criminal Code of 1961 on
a lesser charge if before trial the minor defendant knowingly
and with advice of counsel waives, in writing, his or her right
to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (1) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
Criminal Code of 1961.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (1),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (1), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
    (2) (Blank).
    (3) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of the offense was at least 15 years of age and who is
charged with a violation of the provisions of paragraph (1),
(3), (4), or (10) of subsection (a) of Section 24-1 of the
Criminal Code of 1961 while in school, regardless of the time
of day or the time of year, or on the real property comprising
any school, regardless of the time of day or the time of year.
School is defined, for purposes of this Section as any public
or private elementary or secondary school, community college,
college, or university. These charges and all other charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (3) the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (3) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (3),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (3), that finding shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of the
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous history of the minor; (d)
whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
    (4) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who at the
time of an offense was at least 13 years of age and who is
charged with first degree murder committed during the course of
either aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping. However, this subsection (4)
does not include a minor charged with first degree murder based
exclusively upon the accountability provisions of the Criminal
Code of 1961.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge first degree murder
committed during the course of aggravated criminal sexual
assault, criminal sexual assault, or aggravated kidnaping, the
State's Attorney may proceed on any lesser charge or charges,
but only in Juvenile Court under the provisions of this
Article. The State's Attorney may proceed under the criminal
laws of this State on a lesser charge if before trial the minor
defendant knowingly and with advice of counsel waives, in
writing, his or her right to have the matter proceed in
Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes first degree murder committed during the
course of aggravated criminal sexual assault, criminal sexual
assault, or aggravated kidnaping, and additional charges that
are not specified in paragraph (a) of this subsection, all of
the charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
first degree murder committed during the course of aggravated
criminal sexual assault, criminal sexual assault, or
aggravated kidnaping, in sentencing the minor, the court shall
have available any or all dispositions prescribed for that
offense under Chapter V of the Unified Code of Corrections.
    (ii) If the minor was not yet 15 years of age at the time of
the offense, and if after trial or plea the court finds that
the minor committed an offense other than first degree murder
committed during the course of either aggravated criminal
sexual assault, criminal sexual assault, or aggravated
kidnapping, the finding shall not invalidate the verdict or the
prosecution of the minor under the criminal laws of the State;
however, unless the State requests a hearing for the purpose of
sentencing the minor under Chapter V of the Unified Code of
Corrections, the Court must proceed under Sections 5-705 and
5-710 of this Article. To request a hearing, the State must
file a written motion within 10 days following the entry of a
finding or the return of a verdict. Reasonable notice of the
motion shall be given to the minor or his or her counsel. If
the motion is made by the State, the court shall conduct a
hearing to determine whether the minor should be sentenced
under Chapter V of the Unified Code of Corrections. In making
its determination, the court shall consider among other
matters: (a) whether there is evidence that the offense was
committed in an aggressive and premeditated manner; (b) the age
of the minor; (c) the previous delinquent history of the minor;
(d) whether there are facilities particularly available to the
Juvenile Court or the Department of Juvenile Justice for the
treatment and rehabilitation of the minor; (e) whether the best
interest of the minor and the security of the public require
sentencing under Chapter V of the Unified Code of Corrections;
and (f) whether the minor possessed a deadly weapon when
committing the offense. The rules of evidence shall be the same
as if at trial. If after the hearing the court finds that the
minor should be sentenced under Chapter V of the Unified Code
of Corrections, then the court shall sentence the minor
accordingly having available to it any or all dispositions so
prescribed.
    (5) (a) The definition of delinquent minor under Section
5-120 of this Article shall not apply to any minor who is
charged with a violation of subsection (a) of Section 31-6 or
Section 32-10 of the Criminal Code of 1961 when the minor is
subject to prosecution under the criminal laws of this State as
a result of the application of the provisions of Section 5-125,
or subsection (1) or (2) of this Section. These charges and all
other charges arising out of the same incident shall be
prosecuted under the criminal laws of this State.
    (b) (i) If before trial or plea an information or
indictment is filed that does not charge an offense specified
in paragraph (a) of this subsection (5), the State's Attorney
may proceed on any lesser charge or charges, but only in
Juvenile Court under the provisions of this Article. The
State's Attorney may proceed under the criminal laws of this
State on a lesser charge if before trial the minor defendant
knowingly and with advice of counsel waives, in writing, his or
her right to have the matter proceed in Juvenile Court.
    (ii) If before trial or plea an information or indictment
is filed that includes one or more charges specified in
paragraph (a) of this subsection (5) and additional charges
that are not specified in that paragraph, all of the charges
arising out of the same incident shall be prosecuted under the
criminal laws of this State.
    (c) (i) If after trial or plea the minor is convicted of
any offense covered by paragraph (a) of this subsection (5),
then, in sentencing the minor, the court shall have available
any or all dispositions prescribed for that offense under
Chapter V of the Unified Code of Corrections.
    (ii) If after trial or plea the court finds that the minor
committed an offense not covered by paragraph (a) of this
subsection (5), the conviction shall not invalidate the verdict
or the prosecution of the minor under the criminal laws of this
State; however, unless the State requests a hearing for the
purpose of sentencing the minor under Chapter V of the Unified
Code of Corrections, the Court must proceed under Sections
5-705 and 5-710 of this Article. To request a hearing, the
State must file a written motion within 10 days following the
entry of a finding or the return of a verdict. Reasonable
notice of the motion shall be given to the minor or his or her
counsel. If the motion is made by the State, the court shall
conduct a hearing to determine if whether the minor should be
sentenced under Chapter V of the Unified Code of Corrections.
In making its determination, the court shall consider among
other matters: (a) whether there is evidence that the offense
was committed in an aggressive and premeditated manner; (b) the
age of the minor; (c) the previous delinquent history of the
minor; (d) whether there are facilities particularly available
to the Juvenile Court or the Department of Juvenile Justice for
the treatment and rehabilitation of the minor; (e) whether the
security of the public requires sentencing under Chapter V of
the Unified Code of Corrections; and (f) whether the minor
possessed a deadly weapon when committing the offense. The
rules of evidence shall be the same as if at trial. If after
the hearing the court finds that the minor should be sentenced
under Chapter V of the Unified Code of Corrections, then the
court shall sentence the minor accordingly having available to
it any or all dispositions so prescribed.
    (6) The definition of delinquent minor under Section 5-120
of this Article shall not apply to any minor who, pursuant to
subsection (1) or (3) or Section 5-805 or 5-810, has previously
been placed under the jurisdiction of the criminal court and
has been convicted of a crime under an adult criminal or penal
statute. Such a minor shall be subject to prosecution under the
criminal laws of this State.
    (7) The procedures set out in this Article for the
investigation, arrest and prosecution of juvenile offenders
shall not apply to minors who are excluded from jurisdiction of
the Juvenile Court, except that minors under 17 years of age
shall be kept separate from confined adults.
    (8) Nothing in this Act prohibits or limits the prosecution
of any minor for an offense committed on or after his or her
17th birthday even though he or she is at the time of the
offense a ward of the court.
    (9) If an original petition for adjudication of wardship
alleges the commission by a minor 13 years of age or over of an
act that constitutes a crime under the laws of this State, the
minor, with the consent of his or her counsel, may, at any time
before commencement of the adjudicatory hearing, file with the
court a motion that criminal prosecution be ordered and that
the petition be dismissed insofar as the act or acts involved
in the criminal proceedings are concerned. If such a motion is
filed as herein provided, the court shall enter its order
accordingly.
    (10) If, prior to August 12, 2005 (the effective date of
Public Act 94-574), a minor is charged with a violation of
Section 401 of the Illinois Controlled Substances Act under the
criminal laws of this State, other than a minor charged with a
Class X felony violation of the Illinois Controlled Substances
Act or the Methamphetamine Control and Community Protection
Act, any party including the minor or the court sua sponte may,
before trial, move for a hearing for the purpose of trying and
sentencing the minor as a delinquent minor. To request a
hearing, the party must file a motion prior to trial.
Reasonable notice of the motion shall be given to all parties.
On its own motion or upon the filing of a motion by one of the
parties including the minor, the court shall conduct a hearing
to determine whether the minor should be tried and sentenced as
a delinquent minor under this Article. In making its
determination, the court shall consider among other matters:
    (a) The age of the minor;
    (b) Any previous delinquent or criminal history of the
minor;
    (c) Any previous abuse or neglect history of the minor;
    (d) Any mental health or educational history of the minor,
or both; and
    (e) Whether there is probable cause to support the charge,
whether the minor is charged through accountability, and
whether there is evidence the minor possessed a deadly weapon
or caused serious bodily harm during the offense.
    Any material that is relevant and reliable shall be
admissible at the hearing. In all cases, the judge shall enter
an order permitting prosecution under the criminal laws of
Illinois unless the judge makes a finding based on a
preponderance of the evidence that the minor would be amenable
to the care, treatment, and training programs available through
the facilities of the juvenile court based on an evaluation of
the factors listed in this subsection (10).
(Source: P.A. 94-556, eff. 9-11-05; 94-574, eff. 8-12-05;
94-696, eff. 6-1-06.)
 
    (705 ILCS 405/5-410)
    Sec. 5-410. Non-secure custody or detention.
    (1) Any minor arrested or taken into custody pursuant to
this Act who requires care away from his or her home but who
does not require physical restriction shall be given temporary
care in a foster family home or other shelter facility
designated by the court.
    (2) (a) Any minor 10 years of age or older arrested
pursuant to this Act where there is probable cause to believe
that the minor is a delinquent minor and that (i) secured
custody is a matter of immediate and urgent necessity for the
protection of the minor or of the person or property of
another, (ii) the minor is likely to flee the jurisdiction of
the court, or (iii) the minor was taken into custody under a
warrant, may be kept or detained in an authorized detention
facility. No minor under 12 years of age shall be detained in a
county jail or a municipal lockup for more than 6 hours.
    (b) The written authorization of the probation officer or
detention officer (or other public officer designated by the
court in a county having 3,000,000 or more inhabitants)
constitutes authority for the superintendent of any juvenile
detention home to detain and keep a minor for up to 40 hours,
excluding Saturdays, Sundays and court-designated holidays.
These records shall be available to the same persons and
pursuant to the same conditions as are law enforcement records
as provided in Section 5-905.
    (b-4) The consultation required by subsection (b-5) shall
not be applicable if the probation officer or detention officer
(or other public officer designated by the court in a county
having 3,000,000 or more inhabitants) utilizes a scorable
detention screening instrument, which has been developed with
input by the State's Attorney, to determine whether a minor
should be detained, however, subsection (b-5) shall still be
applicable where no such screening instrument is used or where
the probation officer, detention officer (or other public
officer designated by the court in a county having 3,000,000 or
more inhabitants) deviates from the screening instrument.
    (b-5) Subject to the provisions of subsection (b-4), if a
probation officer or detention officer (or other public officer
designated by the court in a county having 3,000,000 or more
inhabitants) does not intend to detain a minor for an offense
which constitutes one of the following offenses he or she shall
consult with the State's Attorney's Office prior to the release
of the minor: first degree murder, second degree murder,
involuntary manslaughter, criminal sexual assault, aggravated
criminal sexual assault, aggravated battery with a firearm as
described in Section 12-4.2 or subdivision (e)(1), (e)(2),
(e)(3), or (e)(4) of Section 12-3.05, aggravated or heinous
battery involving permanent disability or disfigurement or
great bodily harm, robbery, aggravated robbery, armed robbery,
vehicular hijacking, aggravated vehicular hijacking, vehicular
invasion, arson, aggravated arson, kidnapping, aggravated
kidnapping, home invasion, burglary, or residential burglary.
    (c) Except as otherwise provided in paragraph (a), (d), or
(e), no minor shall be detained in a county jail or municipal
lockup for more than 12 hours, unless the offense is a crime of
violence in which case the minor may be detained up to 24
hours. For the purpose of this paragraph, "crime of violence"
has the meaning ascribed to it in Section 1-10 of the
Alcoholism and Other Drug Abuse and Dependency Act.
        (i) The period of detention is deemed to have begun
    once the minor has been placed in a locked room or cell or
    handcuffed to a stationary object in a building housing a
    county jail or municipal lockup. Time spent transporting a
    minor is not considered to be time in detention or secure
    custody.
        (ii) Any minor so confined shall be under periodic
    supervision and shall not be permitted to come into or
    remain in contact with adults in custody in the building.
        (iii) Upon placement in secure custody in a jail or
    lockup, the minor shall be informed of the purpose of the
    detention, the time it is expected to last and the fact
    that it cannot exceed the time specified under this Act.
        (iv) A log shall be kept which shows the offense which
    is the basis for the detention, the reasons and
    circumstances for the decision to detain and the length of
    time the minor was in detention.
        (v) Violation of the time limit on detention in a
    county jail or municipal lockup shall not, in and of
    itself, render inadmissible evidence obtained as a result
    of the violation of this time limit. Minors under 17 years
    of age shall be kept separate from confined adults and may
    not at any time be kept in the same cell, room or yard with
    adults confined pursuant to criminal law. Persons 17 years
    of age and older who have a petition of delinquency filed
    against them may be confined in an adult detention
    facility. In making a determination whether to confine a
    person 17 years of age or older who has a petition of
    delinquency filed against the person, these factors, among
    other matters, shall be considered:
            (A) The age of the person;
            (B) Any previous delinquent or criminal history of
        the person;
            (C) Any previous abuse or neglect history of the
        person; and
            (D) Any mental health or educational history of the
        person, or both.
    (d) (i) If a minor 12 years of age or older is confined in a
county jail in a county with a population below 3,000,000
inhabitants, then the minor's confinement shall be implemented
in such a manner that there will be no contact by sight, sound
or otherwise between the minor and adult prisoners. Minors 12
years of age or older must be kept separate from confined
adults and may not at any time be kept in the same cell, room,
or yard with confined adults. This paragraph (d)(i) shall only
apply to confinement pending an adjudicatory hearing and shall
not exceed 40 hours, excluding Saturdays, Sundays and court
designated holidays. To accept or hold minors during this time
period, county jails shall comply with all monitoring standards
promulgated by the Department of Corrections and training
standards approved by the Illinois Law Enforcement Training
Standards Board.
    (ii) To accept or hold minors, 12 years of age or older,
after the time period prescribed in paragraph (d)(i) of this
subsection (2) of this Section but not exceeding 7 days
including Saturdays, Sundays and holidays pending an
adjudicatory hearing, county jails shall comply with all
temporary detention standards promulgated by the Department of
Corrections and training standards approved by the Illinois Law
Enforcement Training Standards Board.
    (iii) To accept or hold minors 12 years of age or older,
after the time period prescribed in paragraphs (d)(i) and
(d)(ii) of this subsection (2) of this Section, county jails
shall comply with all programmatic and training standards for
juvenile detention homes promulgated by the Department of
Corrections.
    (e) When a minor who is at least 15 years of age is
prosecuted under the criminal laws of this State, the court may
enter an order directing that the juvenile be confined in the
county jail. However, any juvenile confined in the county jail
under this provision shall be separated from adults who are
confined in the county jail in such a manner that there will be
no contact by sight, sound or otherwise between the juvenile
and adult prisoners.
    (f) For purposes of appearing in a physical lineup, the
minor may be taken to a county jail or municipal lockup under
the direct and constant supervision of a juvenile police
officer. During such time as is necessary to conduct a lineup,
and while supervised by a juvenile police officer, the sight
and sound separation provisions shall not apply.
    (g) For purposes of processing a minor, the minor may be
taken to a County Jail or municipal lockup under the direct and
constant supervision of a law enforcement officer or
correctional officer. During such time as is necessary to
process the minor, and while supervised by a law enforcement
officer or correctional officer, the sight and sound separation
provisions shall not apply.
    (3) If the probation officer or State's Attorney (or such
other public officer designated by the court in a county having
3,000,000 or more inhabitants) determines that the minor may be
a delinquent minor as described in subsection (3) of Section
5-105, and should be retained in custody but does not require
physical restriction, the minor may be placed in non-secure
custody for up to 40 hours pending a detention hearing.
    (4) Any minor taken into temporary custody, not requiring
secure detention, may, however, be detained in the home of his
or her parent or guardian subject to such conditions as the
court may impose.
(Source: P.A. 93-255, eff. 1-1-04.)
 
    (705 ILCS 405/5-730)
    Sec. 5-730. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. The order may
require a person:
        (a) to stay away from the home or the minor;
        (b) to permit a parent to visit the minor at stated
    periods;
        (c) to abstain from offensive conduct against the
    minor, his or her parent or any person to whom custody of
    the minor is awarded;
        (d) to give proper attention to the care of the home;
        (e) to cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) to prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) to refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1 or aggravated battery
under subdivision (a)(2) of Section 12-3.05, aggravated
battery of a child under Section 12-4.3 or aggravated battery
under subdivision (b)(1) of Section 12-3.05, criminal sexual
assault under Section 12-13, aggravated criminal sexual
assault under Section 12-14, predatory criminal sexual assault
of a child under Section 12-14.1, criminal sexual abuse under
Section 12-15, or aggravated criminal sexual abuse under
Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the sheriff of that county. The sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of the
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served by the modification,
extension, or termination.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted under this Act. Any
person against whom an order of protection is sought may retain
counsel to represent him or her at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place, and time of the hearing, and to
cross-examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care or detention hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify the person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a shelter care or detention hearing, the court
may not conduct a hearing on the petition in the absence of the
person against whom the order is sought unless the petitioner
has notified the person by personal service at least 3 days
before the hearing or has sent written notice by first class
mail to the person's last known address at least 5 days before
the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, or legal custodian or
responsible relative as described in Section 1-5 of this Act or
is not a party or respondent as defined in that Section shall
not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
the person does not have a right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official, or special process
server shall promptly serve that order upon that person and
file proof of that service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    Section 960. The Criminal Code of 1961 is amended by
changing Sections 2-10.1, 24-1.7, 33A-2, 33A-3, and 36-1 as
follows:
 
    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
    Sec. 2-10.1. "Severely or profoundly mentally retarded
person" means a person (i) whose intelligence quotient does not
exceed 40 or (ii) whose intelligence quotient does not exceed
55 and who suffers from significant mental illness to the
extent that the person's ability to exercise rational judgment
is impaired. In any proceeding in which the defendant is
charged with committing a violation of Section 10-2, 10-5,
11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.3, 12-14, or 12-16, or
subdivision (b)(1) of Section 12-3.05, of this Code against a
victim who is alleged to be a severely or profoundly mentally
retarded person, any findings concerning the victim's status as
a severely or profoundly mentally retarded person, made by a
court after a judicial admission hearing concerning the victim
under Articles V and VI of Chapter 4 of the Mental Health and
Developmental Disabilities Code shall be admissible.
(Source: P.A. 92-434, eff. 1-1-02.)
 
    (720 ILCS 5/24-1.7)
    Sec. 24-1.7. Armed habitual criminal.
    (a) A person commits the offense of being an armed habitual
criminal if he or she receives, sells, possesses, or transfers
any firearm after having been convicted a total of 2 or more
times of any combination of the following offenses:
        (1) a forcible felony as defined in Section 2-8 of this
    Code;
        (2) unlawful use of a weapon by a felon; aggravated
    unlawful use of a weapon; aggravated discharge of a
    firearm; vehicular hijacking; aggravated vehicular
    hijacking; aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
    intimidation; aggravated intimidation; gunrunning; home
    invasion; or aggravated battery with a firearm as described
    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05; or
        (3) any violation of the Illinois Controlled
    Substances Act or the Cannabis Control Act that is
    punishable as a Class 3 felony or higher.
    (b) Sentence. Being an armed habitual criminal is a Class X
felony.
(Source: P.A. 94-398, eff. 8-2-05.)
 
    (720 ILCS 5/33A-2)  (from Ch. 38, par. 33A-2)
    Sec. 33A-2. Armed violence-Elements of the offense.
    (a) A person commits armed violence when, while armed with
a dangerous weapon, he commits any felony defined by Illinois
Law, except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, second degree murder,
involuntary manslaughter, reckless homicide, predatory
criminal sexual assault of a child, aggravated battery of a
child as described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, home invasion, or any offense that makes the
possession or use of a dangerous weapon either an element of
the base offense, an aggravated or enhanced version of the
offense, or a mandatory sentencing factor that increases the
sentencing range.
    (b) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon while committing any felony defined by
Illinois law, except first degree murder, attempted first
degree murder, intentional homicide of an unborn child, second
degree murder, involuntary manslaughter, reckless homicide,
predatory criminal sexual assault of a child, aggravated
battery of a child as described in Section 12-4.3 or
subdivision (b)(1) of Section 12-3.05, home invasion, or any
offense that makes the possession or use of a dangerous weapon
either an element of the base offense, an aggravated or
enhanced version of the offense, or a mandatory sentencing
factor that increases the sentencing range.
    (c) A person commits armed violence when he or she
personally discharges a firearm that is a Category I or
Category II weapon that proximately causes great bodily harm,
permanent disability, or permanent disfigurement or death to
another person while committing any felony defined by Illinois
law, except first degree murder, attempted first degree murder,
intentional homicide of an unborn child, second degree murder,
involuntary manslaughter, reckless homicide, predatory
criminal sexual assault of a child, aggravated battery of a
child as described in Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05, home invasion, or any offense that makes the
possession or use of a dangerous weapon either an element of
the base offense, an aggravated or enhanced version of the
offense, or a mandatory sentencing factor that increases the
sentencing range.
    (d) This Section does not apply to violations of the Fish
and Aquatic Life Code or the Wildlife Code.
(Source: P.A. 95-688, eff. 10-23-07.)
 
    (720 ILCS 5/33A-3)  (from Ch. 38, par. 33A-3)
    Sec. 33A-3. Sentence.
    (a) Violation of Section 33A-2(a) with a Category I weapon
is a Class X felony for which the defendant shall be sentenced
to a minimum term of imprisonment of 15 years.
    (a-5) Violation of Section 33A-2(a) with a Category II
weapon is a Class X felony for which the defendant shall be
sentenced to a minimum term of imprisonment of 10 years.
    (b) Violation of Section 33A-2(a) with a Category III
weapon is a Class 2 felony or the felony classification
provided for the same act while unarmed, whichever permits the
greater penalty. A second or subsequent violation of Section
33A-2(a) with a Category III weapon is a Class 1 felony or the
felony classification provided for the same act while unarmed,
whichever permits the greater penalty.
    (b-5) Violation of Section 33A-2(b) with a firearm that is
a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a minimum term of
imprisonment of 20 years.
    (b-10) Violation of Section 33A-2(c) with a firearm that is
a Category I or Category II weapon is a Class X felony for
which the defendant shall be sentenced to a term of
imprisonment of not less than 25 years nor more than 40 years.
    (c) Unless sentencing under subsection (a) of Section
5-4.5-95 of the Unified Code of Corrections (730 ILCS
5/5-4.5-95) is applicable, any person who violates subsection
(a) or (b) of Section 33A-2 with a firearm, when that person
has been convicted in any state or federal court of 3 or more
of the following offenses: treason, first degree murder, second
degree murder, predatory criminal sexual assault of a child,
aggravated criminal sexual assault, criminal sexual assault,
robbery, burglary, arson, kidnaping, aggravated battery
resulting in great bodily harm or permanent disability or
disfigurement, a violation of the Methamphetamine Control and
Community Protection Act, or a violation of Section 401(a) of
the Illinois Controlled Substances Act, when the third offense
was committed after conviction on the second, the second
offense was committed after conviction on the first, and the
violation of Section 33A-2 was committed after conviction on
the third, shall be sentenced to a term of imprisonment of not
less than 25 years nor more than 50 years.
    (c-5) Except as otherwise provided in paragraph (b-10) or
(c) of this Section, a person who violates Section 33A-2(a)
with a firearm that is a Category I weapon or Section 33A-2(b)
in any school, in any conveyance owned, leased, or contracted
by a school to transport students to or from school or a school
related activity, or on the real property comprising any school
or public park, and where the offense was related to the
activities of an organized gang, shall be sentenced to a term
of imprisonment of not less than the term set forth in
subsection (a) or (b-5) of this Section, whichever is
applicable, and not more than 30 years. For the purposes of
this subsection (c-5), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (d) For armed violence based upon a predicate offense
listed in this subsection (d) the court shall enter the
sentence for armed violence to run consecutively to the
sentence imposed for the predicate offense. The offenses
covered by this provision are:
        (i) solicitation of murder,
        (ii) solicitation of murder for hire,
        (iii) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05,
        (iv) aggravated battery of a senior citizen as
    described in Section 12-4.6 or subdivision (a)(4) of
    Section 12-3.05,
        (v) (blank),
        (vi) a violation of subsection (g) of Section 5 of the
    Cannabis Control Act,
        (vii) cannabis trafficking,
        (viii) a violation of subsection (a) of Section 401 of
    the Illinois Controlled Substances Act,
        (ix) controlled substance trafficking involving a
    Class X felony amount of controlled substance under Section
    401 of the Illinois Controlled Substances Act,
        (x) calculated criminal drug conspiracy,
        (xi) streetgang criminal drug conspiracy, or
        (xii) a violation of the Methamphetamine Control and
    Community Protection Act.
(Source: P.A. 94-556, eff. 9-11-05; 95-688, eff. 10-23-07;
95-1052, eff. 7-1-09.)
 
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-6, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if
the theft is of precious metal or of scrap metal, 18-2, 19-1,
19-2, 19-3, 20-1, 20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or
29D-15.2 of this Code, subdivision (a)(1), (a)(2), (a)(4),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
(e)(7) of Section 12-3.05, paragraph (a) of Section 12-4 of
this Code, paragraph (a) of Section 12-15 or paragraphs (a),
(c) or (d) of Section 12-16 of this Code, or paragraph (a)(6)
or (a)(7) of Section 24-1 of this Code; (b) Section 21, 22, 23,
24 or 26 of the Cigarette Tax Act if the vessel, vehicle or
aircraft contains more than 10 cartons of such cigarettes; (c)
Section 28, 29 or 30 of the Cigarette Use Tax Act if the
vessel, vehicle or aircraft contains more than 10 cartons of
such cigarettes; (d) Section 44 of the Environmental Protection
Act; (e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
Section 11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961; (2) driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof and has been previously convicted of
reckless homicide or a similar provision of a law of another
state relating to reckless homicide in which the person was
determined to have been under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds as an
element of the offense or the person has previously been
convicted of committing a violation of driving under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds or any combination thereof and was
involved in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or disfigurement to
another, when the violation was a proximate cause of the death
or injuries; (3) the person committed a violation of driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code or a similar
provision for the third or subsequent time; (4) the person
committed the violation while he or she did not possess a
driver's license or permit or a restricted driving permit or a
judicial driving permit or a monitoring device driving permit;
or (5) the person committed the violation while he or she knew
or should have known that the vehicle he or she was driving was
not covered by a liability insurance policy, or (d)(1)(I); (g)
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code; or (h) an offense described in
subsection (e) of Section 6-101 of the Illinois Vehicle Code;
may be seized and delivered forthwith to the sheriff of the
county of seizure.
    Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
    In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
    When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
    If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member who
is properly licensed and who requires the use of the vehicle
for employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the
spouse or family member. The provisions of this paragraph shall
apply only to one forfeiture per vehicle. If the vehicle is the
subject of a subsequent forfeiture proceeding by virtue of a
subsequent conviction of either spouse or the family member,
the spouse or family member to whom the vehicle was forfeited
under the first forfeiture proceeding may not utilize the
provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle,
the procedure set out in this paragraph may be used for only
one vehicle.
    Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
1-1-11; revised 9-16-10.)
 
    Section 965. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-5, 110-5.1, 110-6.3, 111-8,
112A-3, 112A-23, 112A-26, 115-7.3, 115-10, and 115-10.3 as
follows:
 
    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
    Sec. 110-5. Determining the amount of bail and conditions
of release.
    (a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure the
appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into account
such matters as the nature and circumstances of the offense
charged, whether the evidence shows that as part of the offense
there was a use of violence or threatened use of violence,
whether the offense involved corruption of public officials or
employees, whether there was physical harm or threats of
physical harm to any public official, public employee, judge,
prosecutor, juror or witness, senior citizen, child or
handicapped person, whether evidence shows that during the
offense or during the arrest the defendant possessed or used a
firearm, machine gun, explosive or metal piercing ammunition or
explosive bomb device or any military or paramilitary armament,
whether the evidence shows that the offense committed was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang, the condition of the
victim, any written statement submitted by the victim or
proffer or representation by the State regarding the impact
which the alleged criminal conduct has had on the victim and
the victim's concern, if any, with further contact with the
defendant if released on bail, whether the offense was based on
racial, religious, sexual orientation or ethnic hatred, the
likelihood of the filing of a greater charge, the likelihood of
conviction, the sentence applicable upon conviction, the
weight of the evidence against such defendant, whether there
exists motivation or ability to flee, whether there is any
verification as to prior residence, education, or family ties
in the local jurisdiction, in another county, state or foreign
country, the defendant's employment, financial resources,
character and mental condition, past conduct, prior use of
alias names or dates of birth, and length of residence in the
community, the consent of the defendant to periodic drug
testing in accordance with Section 110-6.5, whether a foreign
national defendant is lawfully admitted in the United States of
America, whether the government of the foreign national
maintains an extradition treaty with the United States by which
the foreign government will extradite to the United States its
national for a trial for a crime allegedly committed in the
United States, whether the defendant is currently subject to
deportation or exclusion under the immigration laws of the
United States, whether the defendant, although a United States
citizen, is considered under the law of any foreign state a
national of that state for the purposes of extradition or
non-extradition to the United States, the amount of unrecovered
proceeds lost as a result of the alleged offense, the source of
bail funds tendered or sought to be tendered for bail, whether
from the totality of the court's consideration, the loss of
funds posted or sought to be posted for bail will not deter the
defendant from flight, whether the evidence shows that the
defendant is engaged in significant possession, manufacture,
or delivery of a controlled substance or cannabis, either
individually or in consort with others, whether at the time of
the offense charged he was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole or
mandatory supervised release or work release from the Illinois
Department of Corrections or any penal institution or
corrections department of any state or federal jurisdiction,
the defendant's record of convictions, whether the defendant
has been convicted of a misdemeanor or ordinance offense in
Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant was
convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance or
failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself, or
whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or allegiance
to an organized gang, and if the court determines that the
evidence may be substantiated, the court shall prohibit the
defendant from associating with other members of the organized
gang as a condition of bail or release. For the purposes of
this Section, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
    (b) The amount of bail shall be:
        (1) Sufficient to assure compliance with the
    conditions set forth in the bail bond, which shall include
    the defendant's current address with a written
    admonishment to the defendant that he or she must comply
    with the provisions of Section 110-12 regarding any change
    in his or her address. The defendant's address shall at all
    times remain a matter of public record with the clerk of
    the court.
        (2) Not oppressive.
        (3) Considerate of the financial ability of the
    accused.
        (4) When a person is charged with a drug related
    offense involving possession or delivery of cannabis or
    possession or delivery of a controlled substance as defined
    in the Cannabis Control Act, the Illinois Controlled
    Substances Act, or the Methamphetamine Control and
    Community Protection Act, the full street value of the
    drugs seized shall be considered. "Street value" shall be
    determined by the court on the basis of a proffer by the
    State based upon reliable information of a law enforcement
    official contained in a written report as to the amount
    seized and such proffer may be used by the court as to the
    current street value of the smallest unit of the drug
    seized.
    (b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court
shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
        (1) the background, character, reputation, and
    relationship to the accused of any surety; and
        (2) the source of any money or property deposited by
    any surety, and whether any such money or property
    constitutes the fruits of criminal or unlawful conduct; and
        (3) the source of any money posted as cash bail, and
    whether any such money constitutes the fruits of criminal
    or unlawful conduct; and
        (4) the background, character, reputation, and
    relationship to the accused of the person posting cash
    bail.
    Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
    The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney, continue
the proceedings for a reasonable period to allow the State's
Attorney to investigate the matter raised in any testimony or
affidavit. If the hearing is granted after the accused has
posted bail, the court shall conduct a hearing consistent with
this subsection (b-5). At the conclusion of the hearing, the
court must issue an order either approving of disapproving the
bail.
    (c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
    (d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
    (e) The State may appeal any order granting bail or setting
a given amount for bail.
    (f) When a person is charged with a violation of an order
of protection under Section 12-3.4 or 12-30 of the Criminal
Code of 1961,
        (1) whether the alleged incident involved harassment
    or abuse, as defined in the Illinois Domestic Violence Act
    of 1986;
        (2) whether the person has a history of domestic
    violence, as defined in the Illinois Domestic Violence Act,
    or a history of other criminal acts;
        (3) based on the mental health of the person;
        (4) whether the person has a history of violating the
    orders of any court or governmental entity;
        (5) whether the person has been, or is, potentially a
    threat to any other person;
        (6) whether the person has access to deadly weapons or
    a history of using deadly weapons;
        (7) whether the person has a history of abusing alcohol
    or any controlled substance;
        (8) based on the severity of the alleged incident that
    is the basis of the alleged offense, including, but not
    limited to, the duration of the current incident, and
    whether the alleged incident involved physical injury,
    sexual assault, strangulation, abuse during the alleged
    victim's pregnancy, abuse of pets, or forcible entry to
    gain access to the alleged victim;
        (9) whether a separation of the person from the alleged
    victim or a termination of the relationship between the
    person and the alleged victim has recently occurred or is
    pending;
        (10) whether the person has exhibited obsessive or
    controlling behaviors toward the alleged victim,
    including, but not limited to, stalking, surveillance, or
    isolation of the alleged victim or victim's family member
    or members;
        (11) whether the person has expressed suicidal or
    homicidal ideations;
        (12) based on any information contained in the
    complaint and any police reports, affidavits, or other
    documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation conducted by an Illinois
Department of Human Services approved partner abuse
intervention program provider, pretrial service, probation, or
parole agency. These agencies shall have access to summaries of
the defendant's criminal history, which shall not include
victim interviews or information, for the risk evaluation.
Based on the information collected from the 12 points to be
considered at a bail hearing for a violation of an order of
protection, the results of any risk evaluation conducted and
the other circumstances of the violation, the court may order
that the person, as a condition of bail, be placed under
electronic surveillance as provided in Section 5-8A-7 of the
Unified Code of Corrections.
(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
 
    (725 ILCS 5/110-5.1)
    Sec. 110-5.1. Bail; certain persons charged with violent
crimes against family or household members.
    (a) Subject to subsection (c), a person who is charged with
a violent crime shall appear before the court for the setting
of bail if the alleged victim was a family or household member
at the time of the alleged offense, and if any of the following
applies:
        (1) the person charged, at the time of the alleged
    offense, was subject to the terms of an order of protection
    issued under Section 112A-14 of this Code or Section 214 of
    the Illinois Domestic Violence Act of 1986 or previously
    was convicted of a violation of an order of protection
    under Section 12-3.4 or 12-30 of the Criminal Code of 1961
    or a violent crime if the victim was a family or household
    member at the time of the offense or a violation of a
    substantially similar municipal ordinance or law of this or
    any other state or the United States if the victim was a
    family or household member at the time of the offense;
        (2) the arresting officer indicates in a police report
    or other document accompanying the complaint any of the
    following:
            (A) that the arresting officer observed on the
        alleged victim objective manifestations of physical
        harm that the arresting officer reasonably believes
        are a result of the alleged offense;
            (B) that the arresting officer reasonably believes
        that the person had on the person's person at the time
        of the alleged offense a deadly weapon;
            (C) that the arresting officer reasonably believes
        that the person presents a credible threat of serious
        physical harm to the alleged victim or to any other
        person if released on bail before trial.
    (b) To the extent that information about any of the
following is available to the court, the court shall consider
all of the following, in addition to any other circumstances
considered by the court, before setting bail for a person who
appears before the court pursuant to subsection (a):
        (1) whether the person has a history of domestic
    violence or a history of other violent acts;
        (2) the mental health of the person;
        (3) whether the person has a history of violating the
    orders of any court or governmental entity;
        (4) whether the person is potentially a threat to any
    other person;
        (5) whether the person has access to deadly weapons or
    a history of using deadly weapons;
        (6) whether the person has a history of abusing alcohol
    or any controlled substance;
        (7) the severity of the alleged violence that is the
    basis of the alleged offense, including, but not limited
    to, the duration of the alleged violent incident, and
    whether the alleged violent incident involved serious
    physical injury, sexual assault, strangulation, abuse
    during the alleged victim's pregnancy, abuse of pets, or
    forcible entry to gain access to the alleged victim;
        (8) whether a separation of the person from the alleged
    victim or a termination of the relationship between the
    person and the alleged victim has recently occurred or is
    pending;
        (9) whether the person has exhibited obsessive or
    controlling behaviors toward the alleged victim,
    including, but not limited to, stalking, surveillance, or
    isolation of the alleged victim;
        (10) whether the person has expressed suicidal or
    homicidal ideations;
        (11) any information contained in the complaint and any
    police reports, affidavits, or other documents
    accompanying the complaint.
    (c) Upon the court's own motion or the motion of a party
and upon any terms that the court may direct, a court may
permit a person who is required to appear before it by
subsection (a) to appear by video conferencing equipment. If,
in the opinion of the court, the appearance in person or by
video conferencing equipment of a person who is charged with a
misdemeanor and who is required to appear before the court by
subsection (a) is not practicable, the court may waive the
appearance and release the person on bail on one or both of the
following types of bail in an amount set by the court:
        (1) a bail bond secured by a deposit of 10% of the
    amount of the bond in cash;
        (2) a surety bond, a bond secured by real estate or
    securities as allowed by law, or the deposit of cash, at
    the option of the person.
    Subsection (a) does not create a right in a person to
appear before the court for the setting of bail or prohibit a
court from requiring any person charged with a violent crime
who is not described in subsection (a) from appearing before
the court for the setting of bail.
    (d) As used in this Section:
        (1) "Violent crime" has the meaning ascribed to it in
    Section 3 of the Rights of Crime Victims and Witnesses Act.
        (2) "Family or household member" has the meaning
    ascribed to it in Section 112A-3 of this Code.
(Source: P.A. 94-878, eff. 1-1-07.)
 
    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
    Sec. 110-6.3. Denial of bail in stalking and aggravated
stalking offenses.
    (a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with stalking or aggravated stalking,
when it is alleged that the defendant's admission to bail poses
a real and present threat to the physical safety of the alleged
victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based.
        (1) A petition may be filed without prior notice to the
    defendant at the first appearance before a judge, or within
    21 calendar days, except as provided in Section 110-6,
    after arrest and release of the defendant upon reasonable
    notice to defendant; provided that while the petition is
    pending before the court, the defendant if previously
    released shall not be detained.
        (2) The hearing shall be held immediately upon the
    defendant's appearance before the court, unless for good
    cause shown the defendant or the State seeks a continuance.
    A continuance on motion of the defendant may not exceed 5
    calendar days, and the defendant may be held in custody
    during the continuance. A continuance on the motion of the
    State may not exceed 3 calendar days; however, the
    defendant may be held in custody during the continuance
    under this provision if the defendant has been previously
    found to have violated an order of protection or has been
    previously convicted of, or granted court supervision for,
    any of the offenses set forth in Sections 12-2, 12-3.05,
    12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of
    1961, against the same person as the alleged victim of the
    stalking or aggravated stalking offense.
    (b) The court may deny bail to the defendant when, after
the hearing, it is determined that:
        (1) the proof is evident or the presumption great that
    the defendant has committed the offense of stalking or
    aggravated stalking; and
        (2) the defendant poses a real and present threat to
    the physical safety of the alleged victim of the offense;
    and
        (3) the denial of release on bail or personal
    recognizance is necessary to prevent fulfillment of the
    threat upon which the charge is based; and
        (4) the court finds that no condition or combination of
    conditions set forth in subsection (b) of Section 110-10 of
    this Code, including mental health treatment at a community
    mental health center, hospital, or facility of the
    Department of Human Services, can reasonably assure the
    physical safety of the alleged victim of the offense.
    (c) Conduct of the hearings.
        (1) The hearing on the defendant's culpability and
    threat to the alleged victim of the offense shall be
    conducted in accordance with the following provisions:
            (A) Information used by the court in its findings
        or stated in or offered at the hearing may be by way of
        proffer based upon reliable information offered by the
        State or by defendant. Defendant has the right to be
        represented by counsel, and if he is indigent, to have
        counsel appointed for him. Defendant shall have the
        opportunity to testify, to present witnesses in his own
        behalf, and to cross-examine witnesses if any are
        called by the State. The defendant has the right to
        present witnesses in his favor. When the ends of
        justice so require, the court may exercise its
        discretion and compel the appearance of a complaining
        witness. The court shall state on the record reasons
        for granting a defense request to compel the presence
        of a complaining witness. Cross-examination of a
        complaining witness at the pretrial detention hearing
        for the purpose of impeaching the witness' credibility
        is insufficient reason to compel the presence of the
        witness. In deciding whether to compel the appearance
        of a complaining witness, the court shall be
        considerate of the emotional and physical well-being
        of the witness. The pretrial detention hearing is not
        to be used for the purposes of discovery, and the post
        arraignment rules of discovery do not apply. The State
        shall tender to the defendant, prior to the hearing,
        copies of defendant's criminal history, if any, if
        available, and any written or recorded statements and
        the substance of any oral statements made by any
        person, if relied upon by the State. The rules
        concerning the admissibility of evidence in criminal
        trials do not apply to the presentation and
        consideration of information at the hearing. At the
        trial concerning the offense for which the hearing was
        conducted neither the finding of the court nor any
        transcript or other record of the hearing shall be
        admissible in the State's case in chief, but shall be
        admissible for impeachment, or as provided in Section
        115-10.1 of this Code, or in a perjury proceeding.
            (B) A motion by the defendant to suppress evidence
        or to suppress a confession shall not be entertained.
        Evidence that proof may have been obtained as the
        result of an unlawful search and seizure or through
        improper interrogation is not relevant to this state of
        the prosecution.
        (2) The facts relied upon by the court to support a
    finding that:
            (A) the defendant poses a real and present threat
        to the physical safety of the alleged victim of the
        offense; and
            (B) the denial of release on bail or personal
        recognizance is necessary to prevent fulfillment of
        the threat upon which the charge is based;
    shall be supported by clear and convincing evidence
    presented by the State.
    (d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
        (1) The nature and circumstances of the offense
    charged;
        (2) The history and characteristics of the defendant
    including:
            (A) Any evidence of the defendant's prior criminal
        history indicative of violent, abusive or assaultive
        behavior, or lack of that behavior. The evidence may
        include testimony or documents received in juvenile
        proceedings, criminal, quasi-criminal, civil
        commitment, domestic relations or other proceedings;
            (B) Any evidence of the defendant's psychological,
        psychiatric or other similar social history that tends
        to indicate a violent, abusive, or assaultive nature,
        or lack of any such history.
        (3) The nature of the threat which is the basis of the
    charge against the defendant;
        (4) Any statements made by, or attributed to the
    defendant, together with the circumstances surrounding
    them;
        (5) The age and physical condition of any person
    assaulted by the defendant;
        (6) Whether the defendant is known to possess or have
    access to any weapon or weapons;
        (7) Whether, at the time of the current offense or any
    other offense or arrest, the defendant was on probation,
    parole, mandatory supervised release or other release from
    custody pending trial, sentencing, appeal or completion of
    sentence for an offense under federal or state law;
        (8) Any other factors, including those listed in
    Section 110-5 of this Code, deemed by the court to have a
    reasonable bearing upon the defendant's propensity or
    reputation for violent, abusive or assaultive behavior, or
    lack of that behavior.
    (e) The court shall, in any order denying bail to a person
charged with stalking or aggravated stalking:
        (1) briefly summarize the evidence of the defendant's
    culpability and its reasons for concluding that the
    defendant should be held without bail;
        (2) direct that the defendant be committed to the
    custody of the sheriff for confinement in the county jail
    pending trial;
        (3) direct that the defendant be given a reasonable
    opportunity for private consultation with counsel, and for
    communication with others of his choice by visitation, mail
    and telephone; and
        (4) direct that the sheriff deliver the defendant as
    required for appearances in connection with court
    proceedings.
    (f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to trial
within the 90 day period required by this subsection (f), he
shall not be held longer without bail. In computing the 90 day
period, the court shall omit any period of delay resulting from
a continuance granted at the request of the defendant. The
court shall immediately notify the alleged victim of the
offense that the defendant has been admitted to bail under this
subsection.
    (g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
    (h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
    (i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
 
    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
    Sec. 111-8. Orders of protection to prohibit domestic
violence.
    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
10-3.1, 10-4, 10-5, 11-15, 11-15.1, 11-20.1, 11-20a, 12-1,
12-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
12-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2,
or 21-3 of the Criminal Code of 1961 or Section 1-1 of the
Harassing and Obscene Communications Act is alleged in an
information, complaint or indictment on file, and the alleged
offender and victim are family or household members, as defined
in the Illinois Domestic Violence Act, as now or hereafter
amended, the People through the respective State's Attorneys
may by separate petition and upon notice to the defendant,
except as provided in subsection (c) herein, request the court
to issue an order of protection.
    (b) In addition to any other remedies specified in Section
208 of the Illinois Domestic Violence Act, as now or hereafter
amended, the order may direct the defendant to initiate no
contact with the alleged victim or victims who are family or
household members and to refrain from entering the residence,
school or place of business of the alleged victim or victims.
    (c) The court may grant emergency relief without notice
upon a showing of immediate and present danger of abuse to the
victim or minor children of the victim and may enter a
temporary order pending notice and full hearing on the matter.
(Source: P.A. 94-325, eff. 1-1-06.)
 
    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
    Sec. 112A-3. Definitions. For the purposes of this Article,
the following terms shall have the following meanings:
    (1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
    (2) "Domestic violence" means abuse as described in
paragraph (1).
    (3) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in paragraph (3) of subsection (b) of
Section 12-21 or in subsection (e) of Section 12-4.4a of the
Criminal Code of 1961. For purposes of this paragraph, neither
a casual acquaintanceship nor ordinary fraternization between
2 individuals in business or social contexts shall be deemed to
constitute a dating relationship.
    (4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
        (i) creating a disturbance at petitioner's place of
    employment or school;
        (ii) repeatedly telephoning petitioner's place of
    employment, home or residence;
        (iii) repeatedly following petitioner about in a
    public place or places;
        (iv) repeatedly keeping petitioner under surveillance
    by remaining present outside his or her home, school, place
    of employment, vehicle or other place occupied by
    petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    petitioner, repeatedly threatening to improperly remove a
    minor child of petitioner's from the jurisdiction or from
    the physical care of petitioner, repeatedly threatening to
    conceal a minor child from petitioner, or making a single
    such threat following an actual or attempted improper
    removal or concealment, unless respondent was fleeing from
    an incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    restraint on one or more occasions.
    (5) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
    (6) "Intimidation of a dependent" means subjecting a person
who is dependent because of age, health or disability to
participation in or the witnessing of: physical force against
another or physical confinement or restraint of another which
constitutes physical abuse as defined in this Article,
regardless of whether the abused person is a family or
household member.
    (7) "Order of protection" means an emergency order, interim
order or plenary order, granted pursuant to this Article, which
includes any or all of the remedies authorized by Section
112A-14 of this Code.
    (8) "Petitioner" may mean not only any named petitioner for
the order of protection and any named victim of abuse on whose
behalf the petition is brought, but also any other person
protected by this Article.
    (9) "Physical abuse" includes sexual abuse and means any of
the following:
        (i) knowing or reckless use of physical force,
    confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    deprivation; or
        (iii) knowing or reckless conduct which creates an
    immediate risk of physical harm.
    (9.5) "Stay away" means for the respondent to refrain from
both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
    (10) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care and
treatment when such dependent person has expressed the intent
to forgo such medical care or treatment. This paragraph does
not create any new affirmative duty to provide support to
dependent persons.
(Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
 
    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
    Sec. 112A-23. Enforcement of orders of protection.
    (a) When violation is crime. A violation of any order of
protection, whether issued in a civil, quasi-criminal
proceeding, shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of an
    order of protection pursuant to Section 12-3.4 or 12-30 of
    the Criminal Code of 1961, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        (3), (14), or (14.5) of subsection (b) of Section
        112A-14,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) or any other remedy when the act constitutes
        a crime against the protected parties as defined by the
        Criminal Code of 1961.
    Prosecution for a violation of an order of protection shall
not bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the order of protection; or
        (2) The respondent commits the crime of child abduction
    pursuant to Section 10-5 of the Criminal Code of 1961, by
    having knowingly violated:
            (i) remedies described in paragraphs (5), (6) or
        (8) of subsection (b) of Section 112A-14, or
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (5),
        (6), or (8) of subsection (b) of Section 214 of the
        Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory.
    (b) When violation is contempt of court. A violation of any
valid order of protection, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Article. Nothing
in this Article shall preclude any Illinois court from
enforcing any valid order of protection issued in another
state. Illinois courts may enforce orders of protection through
both criminal prosecution and contempt proceedings, unless the
action which is second in time is barred by collateral estoppel
or the constitutional prohibition against double jeopardy.
        (1) In a contempt proceeding where the petition for a
    rule to show cause sets forth facts evidencing an immediate
    danger that the respondent will flee the jurisdiction,
    conceal a child, or inflict physical abuse on the
    petitioner or minor children or on dependent adults in
    petitioner's care, the court may order the attachment of
    the respondent without prior service of the rule to show
    cause or the petition for a rule to show cause. Bond shall
    be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for violation
    of an order of protection shall be treated as an expedited
    proceeding.
    (c) Violation of custody or support orders. A violation of
remedies described in paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14 may be enforced by any remedy
provided by Section 611 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 112A-14 in the manner provided for under Parts V and
VII of the Illinois Marriage and Dissolution of Marriage Act.
    (d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after respondent has actual knowledge of its contents
as shown through one of the following means:
        (1) By service, delivery, or notice under Section
    112A-10.
        (2) By notice under Section 112A-11.
        (3) By service of an order of protection under Section
    112A-22.
        (4) By other means demonstrating actual knowledge of
    the contents of the order.
    (e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
        (1) The existence of a separate, correlative order
    entered under Section 112A-15.
        (2) Any finding or order entered in a conjoined
    criminal proceeding.
    (f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    subsection, where the court finds the commission of a crime
    or contempt of court under subsections (a) or (b) of this
    Section, the penalty shall be the penalty that generally
    applies in such criminal or contempt proceedings, and may
    include one or more of the following: incarceration,
    payment of restitution, a fine, payment of attorneys' fees
    and costs, or community service.
        (2) The court shall hear and take into account evidence
    of any factors in aggravation or mitigation before deciding
    an appropriate penalty under paragraph (1) of this
    subsection.
        (3) To the extent permitted by law, the court is
    encouraged to:
            (i) increase the penalty for the knowing violation
        of any order of protection over any penalty previously
        imposed by any court for respondent's violation of any
        order of protection or penal statute involving
        petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        imprisonment for respondent's first violation of any
        order of protection; and
            (iii) impose a minimum penalty of 48 hours
        imprisonment for respondent's second or subsequent
        violation of an order of protection
    unless the court explicitly finds that an increased penalty
    or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    violation of an order of protection, a criminal court may
    consider evidence of any violations of an order of
    protection:
            (i) to increase, revoke or modify the bail bond on
        an underlying criminal charge pursuant to Section
        110-6;
            (ii) to revoke or modify an order of probation,
        conditional discharge or supervision, pursuant to
        Section 5-6-4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        imprisonment, pursuant to Section 5-7-2 of the Unified
        Code of Corrections.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (725 ILCS 5/112A-26)  (from Ch. 38, par. 112A-26)
    Sec. 112A-26. Arrest without warrant.
    (a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to violation of an order of protection, under
Section 12-3.4 or 12-30 of the Criminal Code of 1961, even if
the crime was not committed in the presence of the officer.
    (b) The law enforcement officer may verify the existence of
an order of protection by telephone or radio communication with
his or her law enforcement agency or by referring to the copy
of the order provided by petitioner or respondent.
(Source: P.A. 87-1186.)
 
    (725 ILCS 5/115-7.3)
    Sec. 115-7.3. Evidence in certain cases.
    (a) This Section applies to criminal cases in which:
        (1) the defendant is accused of predatory criminal
    sexual assault of a child, aggravated criminal sexual
    assault, criminal sexual assault, aggravated criminal
    sexual abuse, criminal sexual abuse, child pornography,
    aggravated child pornography, or criminal transmission of
    HIV;
        (2) the defendant is accused of battery, aggravated
    battery, first degree murder, or second degree murder when
    the commission of the offense involves sexual penetration
    or sexual conduct as defined in Section 12-12 of the
    Criminal Code of 1961; or
        (3) the defendant is tried or retried for any of the
    offenses formerly known as rape, deviate sexual assault,
    indecent liberties with a child, or aggravated indecent
    liberties with a child.
    (b) If the defendant is accused of an offense set forth in
paragraph (1) or (2) of subsection (a) or the defendant is
tried or retried for any of the offenses set forth in paragraph
(3) of subsection (a), evidence of the defendant's commission
of another offense or offenses set forth in paragraph (1), (2),
or (3) of subsection (a), or evidence to rebut that proof or an
inference from that proof, may be admissible (if that evidence
is otherwise admissible under the rules of evidence) and may be
considered for its bearing on any matter to which it is
relevant.
    (c) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
        (1) the proximity in time to the charged or predicate
    offense;
        (2) the degree of factual similarity to the charged or
    predicate offense; or
        (3) other relevant facts and circumstances.
    (d) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the
substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
    (e) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
    (f) In prosecutions for a violation of Section 10-2,
12-3.05, 12-4, 12-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of
the Criminal Code of 1961, involving the involuntary delivery
of a controlled substance to a victim, no inference may be made
about the fact that a victim did not consent to a test for the
presence of controlled substances.
(Source: P.A. 95-892, eff. 1-1-09.)
 
    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
    Sec. 115-10. Certain hearsay exceptions.
    (a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was a moderately, severely, or profoundly mentally
retarded person as defined in this Code and in Section 2-10.1
of the Criminal Code of 1961 at the time the act was committed,
including but not limited to prosecutions for violations of
Sections 12-13 through 12-16 of the Criminal Code of 1961 and
prosecutions for violations of Sections 10-1 (kidnapping),
10-2 (aggravated kidnapping), 10-3 (unlawful restraint),
10-3.1 (aggravated unlawful restraint), 10-4 (forcible
detention), 10-5 (child abduction), 10-6 (harboring a
runaway), 10-7 (aiding or abetting child abduction), 11-9
(public indecency), 11-11 (sexual relations within families),
11-21 (harmful material), 12-1 (assault), 12-2 (aggravated
assault), 12-3 (battery), 12-3.2 (domestic battery), 12-3.3
(aggravated domestic battery), 12-3.05 or 12-4 (aggravated
battery), 12-4.1 (heinous battery), 12-4.2 (aggravated battery
with a firearm), 12-4.3 (aggravated battery of a child), 12-4.7
(drug induced infliction of great bodily harm), 12-5 (reckless
conduct), 12-6 (intimidation), 12-6.1 or 12-6.5 (compelling
organization membership of persons), 12-7.1 (hate crime),
12-7.3 (stalking), 12-7.4 (aggravated stalking), 12-10
(tattooing body of minor), 12-11 (home invasion), 12-21.5
(child abandonment), 12-21.6 (endangering the life or health of
a child) or 12-32 (ritual mutilation) of the Criminal Code of
1961 or any sex offense as defined in subsection (B) of Section
2 of the Sex Offender Registration Act, the following evidence
shall be admitted as an exception to the hearsay rule:
        (1) testimony by the victim of an out of court
    statement made by the victim that he or she complained of
    such act to another; and
        (2) testimony of an out of court statement made by the
    victim describing any complaint of such act or matter or
    detail pertaining to any act which is an element of an
    offense which is the subject of a prosecution for a sexual
    or physical act against that victim.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The child or moderately, severely, or profoundly
    mentally retarded person either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement; and
        (3) In a case involving an offense perpetrated against
    a child under the age of 13, the out of court statement was
    made before the victim attained 13 years of age or within 3
    months after the commission of the offense, whichever
    occurs later, but the statement may be admitted regardless
    of the age of the victim at the time of the proceeding.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the moderately, severely, or profoundly mentally retarded
person, the nature of the statement, the circumstances under
which the statement was made, and any other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
    (e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
 
    (725 ILCS 5/115-10.3)
    Sec. 115-10.3. Hearsay exception regarding elder adults.
    (a) In a prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against an eligible
adult, as defined in the Elder Abuse and Neglect Act, who has
been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental
incapacity or (ii) any physical infirmity, including but not
limited to prosecutions for violations of Sections 10-1, 10-2,
10-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.05, 12-3.2,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5,
12-6, 12-7.3, 12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15,
12-16, 12-21, 16-1, 16-1.3, 17-1, 17-3, 18-1, 18-2, 18-3, 18-4,
18-5, 20-1.1, 24-1.2, and 33A-2, or subsection (b) of Section
12-4.4a, of the Criminal Code of 1961, the following evidence
shall be admitted as an exception to the hearsay rule:
        (1) testimony by an eligible adult, of an out of court
    statement made by the eligible adult, that he or she
    complained of such act to another; and
        (2) testimony of an out of court statement made by the
    eligible adult, describing any complaint of such act or
    matter or detail pertaining to any act which is an element
    of an offense which is the subject of a prosecution for a
    physical act, abuse, neglect, or financial exploitation
    perpetrated upon or against the eligible adult.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The eligible adult either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
condition of the eligible adult, the nature of the statement,
the circumstances under which the statement was made, and any
other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his or her intention to offer the
statement and the particulars of the statement.
(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 
    Section 970. The Unified Code of Corrections is amended by
changing Sections 3-6-3, 5-3-2, 5-5-3, 5-5-3.2, 5-8-4, 5-8A-2,
and 5-9-1.16 as follows:
 
    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
    Sec. 3-6-3. Rules and Regulations for Early Release.
        (a) (1) The Department of Corrections shall prescribe
    rules and regulations for the early release on account of
    good conduct of persons committed to the Department which
    shall be subject to review by the Prisoner Review Board.
        (2) The rules and regulations on early release shall
    provide, with respect to offenses listed in clause (i),
    (ii), or (iii) of this paragraph (2) committed on or after
    June 19, 1998 or with respect to the offense listed in
    clause (iv) of this paragraph (2) committed on or after
    June 23, 2005 (the effective date of Public Act 94-71) or
    with respect to offense listed in clause (vi) committed on
    or after June 1, 2008 (the effective date of Public Act
    95-625) or with respect to the offense of being an armed
    habitual criminal committed on or after August 2, 2005 (the
    effective date of Public Act 94-398) or with respect to the
    offenses listed in clause (v) of this paragraph (2)
    committed on or after August 13, 2007 (the effective date
    of Public Act 95-134) or with respect to the offense of
    aggravated domestic battery committed on or after July 23,
    2010 (the effective date of Public Act 96-1224) this
    amendatory Act of the 96th General Assembly, the following:
            (i) that a prisoner who is serving a term of
        imprisonment for first degree murder or for the offense
        of terrorism shall receive no good conduct credit and
        shall serve the entire sentence imposed by the court;
            (ii) that a prisoner serving a sentence for attempt
        to commit first degree murder, solicitation of murder,
        solicitation of murder for hire, intentional homicide
        of an unborn child, predatory criminal sexual assault
        of a child, aggravated criminal sexual assault,
        criminal sexual assault, aggravated kidnapping,
        aggravated battery with a firearm as described in
        Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
        or (e)(4) of Section 12-3.05, heinous battery as
        described in Section 12-4.1 or subdivision (a)(2) of
        Section 12-3.05, being an armed habitual criminal,
        aggravated battery of a senior citizen as described in
        Section 12-4.6 or subdivision (a)(4) of Section
        12-3.05, or aggravated battery of a child as described
        in Section 12-4.3 or subdivision (b)(1) of Section
        12-3.05 shall receive no more than 4.5 days of good
        conduct credit for each month of his or her sentence of
        imprisonment;
            (iii) that a prisoner serving a sentence for home
        invasion, armed robbery, aggravated vehicular
        hijacking, aggravated discharge of a firearm, or armed
        violence with a category I weapon or category II
        weapon, when the court has made and entered a finding,
        pursuant to subsection (c-1) of Section 5-4-1 of this
        Code, that the conduct leading to conviction for the
        enumerated offense resulted in great bodily harm to a
        victim, shall receive no more than 4.5 days of good
        conduct credit for each month of his or her sentence of
        imprisonment;
            (iv) that a prisoner serving a sentence for
        aggravated discharge of a firearm, whether or not the
        conduct leading to conviction for the offense resulted
        in great bodily harm to the victim, shall receive no
        more than 4.5 days of good conduct credit for each
        month of his or her sentence of imprisonment;
            (v) that a person serving a sentence for
        gunrunning, narcotics racketeering, controlled
        substance trafficking, methamphetamine trafficking,
        drug-induced homicide, aggravated
        methamphetamine-related child endangerment, money
        laundering pursuant to clause (c) (4) or (5) of Section
        29B-1 of the Criminal Code of 1961, or a Class X felony
        conviction for delivery of a controlled substance,
        possession of a controlled substance with intent to
        manufacture or deliver, calculated criminal drug
        conspiracy, criminal drug conspiracy, street gang
        criminal drug conspiracy, participation in
        methamphetamine manufacturing, aggravated
        participation in methamphetamine manufacturing,
        delivery of methamphetamine, possession with intent to
        deliver methamphetamine, aggravated delivery of
        methamphetamine, aggravated possession with intent to
        deliver methamphetamine, methamphetamine conspiracy
        when the substance containing the controlled substance
        or methamphetamine is 100 grams or more shall receive
        no more than 7.5 days good conduct credit for each
        month of his or her sentence of imprisonment;
            (vi) that a prisoner serving a sentence for a
        second or subsequent offense of luring a minor shall
        receive no more than 4.5 days of good conduct credit
        for each month of his or her sentence of imprisonment;
        and
            (vii) that a prisoner serving a sentence for
        aggravated domestic battery shall receive no more than
        4.5 days of good conduct credit for each month of his
        or her sentence of imprisonment.
        (2.1) For all offenses, other than those enumerated in
    subdivision (a)(2)(i), (ii), or (iii) committed on or after
    June 19, 1998 or subdivision (a)(2)(iv) committed on or
    after June 23, 2005 (the effective date of Public Act
    94-71) or subdivision (a)(2)(v) committed on or after
    August 13, 2007 (the effective date of Public Act 95-134)
    or subdivision (a)(2)(vi) committed on or after June 1,
    2008 (the effective date of Public Act 95-625) or
    subdivision (a)(2)(vii) committed on or after July 23, 2010
    (the effective date of Public Act 96-1224) this amendatory
    Act of the 96th General Assembly, and other than the
    offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, and other than
    the offense of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230) this amendatory Act of the 96th General Assembly,
    the rules and regulations shall provide that a prisoner who
    is serving a term of imprisonment shall receive one day of
    good conduct credit for each day of his or her sentence of
    imprisonment or recommitment under Section 3-3-9. Each day
    of good conduct credit shall reduce by one day the
    prisoner's period of imprisonment or recommitment under
    Section 3-3-9.
        (2.2) A prisoner serving a term of natural life
    imprisonment or a prisoner who has been sentenced to death
    shall receive no good conduct credit.
        (2.3) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, shall receive no more than 4.5 days
    of good conduct credit for each month of his or her
    sentence of imprisonment.
        (2.4) The rules and regulations on early release shall
    provide with respect to the offenses of aggravated battery
    with a machine gun or a firearm equipped with any device or
    attachment designed or used for silencing the report of a
    firearm or aggravated discharge of a machine gun or a
    firearm equipped with any device or attachment designed or
    used for silencing the report of a firearm, committed on or
    after July 15, 1999 (the effective date of Public Act
    91-121), that a prisoner serving a sentence for any of
    these offenses shall receive no more than 4.5 days of good
    conduct credit for each month of his or her sentence of
    imprisonment.
        (2.5) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated arson committed on or after July 27, 2001 (the
    effective date of Public Act 92-176) shall receive no more
    than 4.5 days of good conduct credit for each month of his
    or her sentence of imprisonment.
        (2.6) The rules and regulations on early release shall
    provide that a prisoner who is serving a sentence for
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (C) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code committed on or after January 1, 2011
    (the effective date of Public Act 96-1230) this amendatory
    Act of the 96th General Assembly, shall receive no more
    than 4.5 days of good conduct credit for each month of his
    or her sentence of imprisonment.
        (3) The rules and regulations shall also provide that
    the Director may award up to 180 days additional good
    conduct credit for meritorious service in specific
    instances as the Director deems proper; except that no more
    than 90 days of good conduct credit for meritorious service
    shall be awarded to any prisoner who is serving a sentence
    for conviction of first degree murder, reckless homicide
    while under the influence of alcohol or any other drug, or
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (F) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code, aggravated kidnapping, kidnapping,
    predatory criminal sexual assault of a child, aggravated
    criminal sexual assault, criminal sexual assault, deviate
    sexual assault, aggravated criminal sexual abuse,
    aggravated indecent liberties with a child, indecent
    liberties with a child, child pornography, heinous battery
    as described in Section 12-4.1 or subdivision (a)(2) of
    Section 12-3.05, aggravated battery of a spouse,
    aggravated battery of a spouse with a firearm, stalking,
    aggravated stalking, aggravated battery of a child as
    described in Section 12-4.3 or subdivision (b)(1) of
    Section 12-3.05, endangering the life or health of a child,
    or cruelty to a child. Notwithstanding the foregoing, good
    conduct credit for meritorious service shall not be awarded
    on a sentence of imprisonment imposed for conviction of:
    (i) one of the offenses enumerated in subdivision
    (a)(2)(i), (ii), or (iii) when the offense is committed on
    or after June 19, 1998 or subdivision (a)(2)(iv) when the
    offense is committed on or after June 23, 2005 (the
    effective date of Public Act 94-71) or subdivision
    (a)(2)(v) when the offense is committed on or after August
    13, 2007 (the effective date of Public Act 95-134) or
    subdivision (a)(2)(vi) when the offense is committed on or
    after June 1, 2008 (the effective date of Public Act
    95-625) or subdivision (a)(2)(vii) when the offense is
    committed on or after July 23, 2010 (the effective date of
    Public Act 96-1224) this amendatory Act of the 96th General
    Assembly, (ii) aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, (iii) one of
    the offenses enumerated in subdivision (a)(2.4) when the
    offense is committed on or after July 15, 1999 (the
    effective date of Public Act 91-121), (iv) aggravated arson
    when the offense is committed on or after July 27, 2001
    (the effective date of Public Act 92-176), or (v) offenses
    that may subject the offender to commitment under the
    Sexually Violent Persons Commitment Act, or (vi) (v)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof as defined in subparagraph (C) of
    paragraph (1) of subsection (d) of Section 11-501 of the
    Illinois Vehicle Code committed on or after January 1, 2011
    (the effective date of Public Act 96-1230) this amendatory
    Act of the 96th General Assembly.
        The Director shall not award good conduct credit for
    meritorious service under this paragraph (3) to an inmate
    unless the inmate has served a minimum of 60 days of the
    sentence; except nothing in this paragraph shall be
    construed to permit the Director to extend an inmate's
    sentence beyond that which was imposed by the court. Prior
    to awarding credit under this paragraph (3), the Director
    shall make a written determination that the inmate:
            (A) is eligible for good conduct credit for
        meritorious service;
            (B) has served a minimum of 60 days, or as close to
        60 days as the sentence will allow; and
            (C) has met the eligibility criteria established
        by rule.
        The Director shall determine the form and content of
    the written determination required in this subsection.
        (4) The rules and regulations shall also provide that
    the good conduct credit accumulated and retained under
    paragraph (2.1) of subsection (a) of this Section by any
    inmate during specific periods of time in which such inmate
    is engaged full-time in substance abuse programs,
    correctional industry assignments, or educational programs
    provided by the Department under this paragraph (4) and
    satisfactorily completes the assigned program as
    determined by the standards of the Department, shall be
    multiplied by a factor of 1.25 for program participation
    before August 11, 1993 and 1.50 for program participation
    on or after that date. However, no inmate shall be eligible
    for the additional good conduct credit under this paragraph
    (4) or (4.1) of this subsection (a) while assigned to a
    boot camp or electronic detention, or if convicted of an
    offense enumerated in subdivision (a)(2)(i), (ii), or
    (iii) of this Section that is committed on or after June
    19, 1998 or subdivision (a)(2)(iv) of this Section that is
    committed on or after June 23, 2005 (the effective date of
    Public Act 94-71) or subdivision (a)(2)(v) of this Section
    that is committed on or after August 13, 2007 (the
    effective date of Public Act 95-134) or subdivision
    (a)(2)(vi) when the offense is committed on or after June
    1, 2008 (the effective date of Public Act 95-625) or
    subdivision (a)(2)(vii) when the offense is committed on or
    after July 23, 2010 (the effective date of Public Act
    96-1224) this amendatory Act of the 96th General Assembly,
    or if convicted of aggravated driving under the influence
    of alcohol, other drug or drugs, or intoxicating compound
    or compounds, or any combination thereof as defined in
    subparagraph (F) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code, or if
    convicted of aggravated driving under the influence of
    alcohol, other drug or drugs, or intoxicating compound or
    compounds, or any combination thereof as defined in
    subparagraph (C) of paragraph (1) of subsection (d) of
    Section 11-501 of the Illinois Vehicle Code committed on or
    after January 1, 2011 (the effective date of Public Act
    96-1230) this amendatory Act of the 96th General Assembly,
    or if convicted of an offense enumerated in paragraph
    (a)(2.4) of this Section that is committed on or after July
    15, 1999 (the effective date of Public Act 91-121), or
    first degree murder, a Class X felony, criminal sexual
    assault, felony criminal sexual abuse, aggravated criminal
    sexual abuse, aggravated battery with a firearm as
    described in Section 12-4.2 or subdivision (e)(1), (e)(2),
    (e)(3), or (e)(4) of Section 12-3.05, or any predecessor or
    successor offenses with the same or substantially the same
    elements, or any inchoate offenses relating to the
    foregoing offenses. No inmate shall be eligible for the
    additional good conduct credit under this paragraph (4) who
    (i) has previously received increased good conduct credit
    under this paragraph (4) and has subsequently been
    convicted of a felony, or (ii) has previously served more
    than one prior sentence of imprisonment for a felony in an
    adult correctional facility.
        Educational, vocational, substance abuse and
    correctional industry programs under which good conduct
    credit may be increased under this paragraph (4) and
    paragraph (4.1) of this subsection (a) shall be evaluated
    by the Department on the basis of documented standards. The
    Department shall report the results of these evaluations to
    the Governor and the General Assembly by September 30th of
    each year. The reports shall include data relating to the
    recidivism rate among program participants.
        Availability of these programs shall be subject to the
    limits of fiscal resources appropriated by the General
    Assembly for these purposes. Eligible inmates who are
    denied immediate admission shall be placed on a waiting
    list under criteria established by the Department. The
    inability of any inmate to become engaged in any such
    programs by reason of insufficient program resources or for
    any other reason established under the rules and
    regulations of the Department shall not be deemed a cause
    of action under which the Department or any employee or
    agent of the Department shall be liable for damages to the
    inmate.
        (4.1) The rules and regulations shall also provide that
    an additional 60 days of good conduct credit shall be
    awarded to any prisoner who passes the high school level
    Test of General Educational Development (GED) while the
    prisoner is incarcerated. The good conduct credit awarded
    under this paragraph (4.1) shall be in addition to, and
    shall not affect, the award of good conduct under any other
    paragraph of this Section, but shall also be pursuant to
    the guidelines and restrictions set forth in paragraph (4)
    of subsection (a) of this Section. The good conduct credit
    provided for in this paragraph shall be available only to
    those prisoners who have not previously earned a high
    school diploma or a GED. If, after an award of the GED good
    conduct credit has been made and the Department determines
    that the prisoner was not eligible, then the award shall be
    revoked.
        (4.5) The rules and regulations on early release shall
    also provide that when the court's sentencing order
    recommends a prisoner for substance abuse treatment and the
    crime was committed on or after September 1, 2003 (the
    effective date of Public Act 93-354), the prisoner shall
    receive no good conduct credit awarded under clause (3) of
    this subsection (a) unless he or she participates in and
    completes a substance abuse treatment program. The
    Director may waive the requirement to participate in or
    complete a substance abuse treatment program and award the
    good conduct credit in specific instances if the prisoner
    is not a good candidate for a substance abuse treatment
    program for medical, programming, or operational reasons.
    Availability of substance abuse treatment shall be subject
    to the limits of fiscal resources appropriated by the
    General Assembly for these purposes. If treatment is not
    available and the requirement to participate and complete
    the treatment has not been waived by the Director, the
    prisoner shall be placed on a waiting list under criteria
    established by the Department. The Director may allow a
    prisoner placed on a waiting list to participate in and
    complete a substance abuse education class or attend
    substance abuse self-help meetings in lieu of a substance
    abuse treatment program. A prisoner on a waiting list who
    is not placed in a substance abuse program prior to release
    may be eligible for a waiver and receive good conduct
    credit under clause (3) of this subsection (a) at the
    discretion of the Director.
        (4.6) The rules and regulations on early release shall
    also provide that a prisoner who has been convicted of a
    sex offense as defined in Section 2 of the Sex Offender
    Registration Act shall receive no good conduct credit
    unless he or she either has successfully completed or is
    participating in sex offender treatment as defined by the
    Sex Offender Management Board. However, prisoners who are
    waiting to receive such treatment, but who are unable to do
    so due solely to the lack of resources on the part of the
    Department, may, at the Director's sole discretion, be
    awarded good conduct credit at such rate as the Director
    shall determine.
        (5) Whenever the Department is to release any inmate
    earlier than it otherwise would because of a grant of good
    conduct credit for meritorious service given at any time
    during the term, the Department shall give reasonable
    notice of the impending release not less than 14 days prior
    to the date of the release to the State's Attorney of the
    county where the prosecution of the inmate took place, and
    if applicable, the State's Attorney of the county into
    which the inmate will be released. The Department must also
    make identification information and a recent photo of the
    inmate being released accessible on the Internet by means
    of a hyperlink labeled "Community Notification of Inmate
    Early Release" on the Department's World Wide Web homepage.
    The identification information shall include the inmate's:
    name, any known alias, date of birth, physical
    characteristics, residence address, commitment offense and
    county where conviction was imposed. The identification
    information shall be placed on the website within 3 days of
    the inmate's release and the information may not be removed
    until either: completion of the first year of mandatory
    supervised release or return of the inmate to custody of
    the Department.
    (b) Whenever a person is or has been committed under
several convictions, with separate sentences, the sentences
shall be construed under Section 5-8-4 in granting and
forfeiting of good time.
    (c) The Department shall prescribe rules and regulations
for revoking good conduct credit, or suspending or reducing the
rate of accumulation of good conduct credit for specific rule
violations, during imprisonment. These rules and regulations
shall provide that no inmate may be penalized more than one
year of good conduct credit for any one infraction.
    When the Department seeks to revoke, suspend or reduce the
rate of accumulation of any good conduct credits for an alleged
infraction of its rules, it shall bring charges therefor
against the prisoner sought to be so deprived of good conduct
credits before the Prisoner Review Board as provided in
subparagraph (a)(4) of Section 3-3-2 of this Code, if the
amount of credit at issue exceeds 30 days or when during any 12
month period, the cumulative amount of credit revoked exceeds
30 days except where the infraction is committed or discovered
within 60 days of scheduled release. In those cases, the
Department of Corrections may revoke up to 30 days of good
conduct credit. The Board may subsequently approve the
revocation of additional good conduct credit, if the Department
seeks to revoke good conduct credit in excess of 30 days.
However, the Board shall not be empowered to review the
Department's decision with respect to the loss of 30 days of
good conduct credit within any calendar year for any prisoner
or to increase any penalty beyond the length requested by the
Department.
    The Director of the Department of Corrections, in
appropriate cases, may restore up to 30 days good conduct
credits which have been revoked, suspended or reduced. Any
restoration of good conduct credits in excess of 30 days shall
be subject to review by the Prisoner Review Board. However, the
Board may not restore good conduct credit in excess of the
amount requested by the Director.
    Nothing contained in this Section shall prohibit the
Prisoner Review Board from ordering, pursuant to Section
3-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
sentence imposed by the court that was not served due to the
accumulation of good conduct credit.
    (d) If a lawsuit is filed by a prisoner in an Illinois or
federal court against the State, the Department of Corrections,
or the Prisoner Review Board, or against any of their officers
or employees, and the court makes a specific finding that a
pleading, motion, or other paper filed by the prisoner is
frivolous, the Department of Corrections shall conduct a
hearing to revoke up to 180 days of good conduct credit by
bringing charges against the prisoner sought to be deprived of
the good conduct credits before the Prisoner Review Board as
provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
If the prisoner has not accumulated 180 days of good conduct
credit at the time of the finding, then the Prisoner Review
Board may revoke all good conduct credit accumulated by the
prisoner.
    For purposes of this subsection (d):
        (1) "Frivolous" means that a pleading, motion, or other
    filing which purports to be a legal document filed by a
    prisoner in his or her lawsuit meets any or all of the
    following criteria:
            (A) it lacks an arguable basis either in law or in
        fact;
            (B) it is being presented for any improper purpose,
        such as to harass or to cause unnecessary delay or
        needless increase in the cost of litigation;
            (C) the claims, defenses, and other legal
        contentions therein are not warranted by existing law
        or by a nonfrivolous argument for the extension,
        modification, or reversal of existing law or the
        establishment of new law;
            (D) the allegations and other factual contentions
        do not have evidentiary support or, if specifically so
        identified, are not likely to have evidentiary support
        after a reasonable opportunity for further
        investigation or discovery; or
            (E) the denials of factual contentions are not
        warranted on the evidence, or if specifically so
        identified, are not reasonably based on a lack of
        information or belief.
        (2) "Lawsuit" means a motion pursuant to Section 116-3
    of the Code of Criminal Procedure of 1963, a habeas corpus
    action under Article X of the Code of Civil Procedure or
    under federal law (28 U.S.C. 2254), a petition for claim
    under the Court of Claims Act, an action under the federal
    Civil Rights Act (42 U.S.C. 1983), or a second or
    subsequent petition for post-conviction relief under
    Article 122 of the Code of Criminal Procedure of 1963
    whether filed with or without leave of court or a second or
    subsequent petition for relief from judgment under Section
    2-1401 of the Code of Civil Procedure.
    (e) Nothing in Public Act 90-592 or 90-593 affects the
validity of Public Act 89-404.
    (f) Whenever the Department is to release any inmate who
has been convicted of a violation of an order of protection
under Section 12-3.4 or 12-30 of the Criminal Code of 1961,
earlier than it otherwise would because of a grant of good
conduct credit, the Department, as a condition of such early
release, shall require that the person, upon release, be placed
under electronic surveillance as provided in Section 5-8A-7 of
this Code.
(Source: P.A. 95-134, eff. 8-13-07; 95-585, eff. 6-1-08;
95-625, eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 96-860, eff. 1-15-10; 96-1110, eff.
7-19-10; 96-1128, eff. 1-1-11; 96-1200, eff. 7-22-10; 96-1224,
eff. 7-23-10; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
    Sec. 5-3-2. Presentence Report.
    (a) In felony cases, the presentence report shall set
forth:
        (1) the defendant's history of delinquency or
    criminality, physical and mental history and condition,
    family situation and background, economic status,
    education, occupation and personal habits;
        (2) information about special resources within the
    community which might be available to assist the
    defendant's rehabilitation, including treatment centers,
    residential facilities, vocational training services,
    correctional manpower programs, employment opportunities,
    special educational programs, alcohol and drug abuse
    programming, psychiatric and marriage counseling, and
    other programs and facilities which could aid the
    defendant's successful reintegration into society;
        (3) the effect the offense committed has had upon the
    victim or victims thereof, and any compensatory benefit
    that various sentencing alternatives would confer on such
    victim or victims;
        (4) information concerning the defendant's status
    since arrest, including his record if released on his own
    recognizance, or the defendant's achievement record if
    released on a conditional pre-trial supervision program;
        (5) when appropriate, a plan, based upon the personal,
    economic and social adjustment needs of the defendant,
    utilizing public and private community resources as an
    alternative to institutional sentencing;
        (6) any other matters that the investigatory officer
    deems relevant or the court directs to be included; and
        (7) information concerning defendant's eligibility for
    a sentence to a county impact incarceration program under
    Section 5-8-1.2 of this Code.
    (b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
    (b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
    (c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
    (d) In cases under Section 12-15 and Section 12-3.4 or
12-30 of the Criminal Code of 1961, as amended, the presentence
report shall set forth information about alcohol, drug abuse,
psychiatric, and marriage counseling or other treatment
programs and facilities, information on the defendant's
history of delinquency or criminality, and shall contain those
additional matters listed in any of paragraphs (1) through (6)
of subsection (a) or in subsection (b) of this Section as are
specified by the court.
    (e) Nothing in this Section shall cause the defendant to be
held without bail or to have his bail revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 96-322, eff. 1-1-10.)
 
    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
        (2) A period of probation, a term of periodic
    imprisonment or conditional discharge shall not be imposed
    for the following offenses. The court shall sentence the
    offender to not less than the minimum term of imprisonment
    set forth in this Code for the following offenses, and may
    order a fine or restitution or both in conjunction with
    such term of imprisonment:
            (A) First degree murder where the death penalty is
        not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        Illinois Controlled Substances Act, or a violation of
        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
        of that Act which relates to more than 5 grams of a
        substance containing heroin, cocaine, fentanyl, or an
        analog thereof.
            (E) A violation of Section 5.1 or 9 of the Cannabis
        Control Act.
            (F) A Class 2 or greater felony if the offender had
        been convicted of a Class 2 or greater felony,
        including any state or federal conviction for an
        offense that contained, at the time it was committed,
        the same elements as an offense now (the date of the
        offense committed after the prior Class 2 or greater
        felony) classified as a Class 2 or greater felony,
        within 10 years of the date on which the offender
        committed the offense for which he or she is being
        sentenced, except as otherwise provided in Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act.
            (F-5) A violation of Section 24-1, 24-1.1, or
        24-1.6 of the Criminal Code of 1961 for which
        imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        provided in Section 40-10 of the Alcoholism and Other
        Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen as
        described in Section 12-4.6 or subdivision (a)(4) of
        Section 12-3.05.
            (J) A forcible felony if the offense was related to
        the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        paragraph, "organized gang" means an association of 5
        or more persons, with an established hierarchy, that
        encourages members of the association to perpetrate
        crimes or provides support to the members of the
        association who do commit crimes.
            Beginning July 1, 1994, for the purposes of this
        paragraph, "organized gang" has the meaning ascribed
        to it in Section 10 of the Illinois Streetgang
        Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        offense of hate crime when the underlying offense upon
        which the hate crime is based is felony aggravated
        assault or felony mob action.
            (M) A second or subsequent conviction for the
        offense of institutional vandalism if the damage to the
        property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1) of
        subsection (a) of Section 2 of the Firearm Owners
        Identification Card Act.
            (O) A violation of Section 12-6.1 or 12-6.5 of the
        Criminal Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        (5), or (7) of subsection (a) of Section 11-20.1 of the
        Criminal Code of 1961.
            (Q) A violation of Section 20-1.2 or 20-1.3 of the
        Criminal Code of 1961.
            (R) A violation of Section 24-3A of the Criminal
        Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        Methamphetamine Control and Community Protection Act.
            (U) A second or subsequent violation of Section
        6-303 of the Illinois Vehicle Code committed while his
        or her driver's license, permit, or privilege was
        revoked because of a violation of Section 9-3 of the
        Criminal Code of 1961, relating to the offense of
        reckless homicide, or a similar provision of a law of
        another state.
            (V) A violation of paragraph (4) of subsection (c)
        of Section 11-20.3 of the Criminal Code of 1961.
            (W) A violation of Section 24-3.5 of the Criminal
        Code of 1961.
            (X) A violation of subsection (a) of Section 31-1a
        of the Criminal Code of 1961.
            (Y) A conviction for unlawful possession of a
        firearm by a street gang member when the firearm was
        loaded or contained firearm ammunition.
            (Z) A Class 1 felony committed while he or she was
        serving a term of probation or conditional discharge
        for a felony.
            (AA) Theft of property exceeding $500,000 and not
        exceeding $1,000,000 in value.
            (BB) Laundering of criminally derived property of
        a value exceeding $500,000.
            (CC) Knowingly selling, offering for sale, holding
        for sale, or using 2,000 or more counterfeit items or
        counterfeit items having a retail value in the
        aggregate of $500,000 or more.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than 10
    consecutive days or 30 days of community service shall be
    imposed for a violation of paragraph (c) of Section 6-303
    of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraphs (4.3) and (4.8)
    of this subsection (c), a minimum of 100 hours of community
    service shall be imposed for a second violation of Section
    6-303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or 300
    hours of community service, as determined by the court,
    shall be imposed for a second violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraphs (4.5), (4.6),
    and (4.9) of this subsection (c), a minimum term of
    imprisonment of 30 days or 300 hours of community service,
    as determined by the court, shall be imposed for a third or
    subsequent violation of Section 6-303 of the Illinois
    Vehicle Code.
        (4.5) A minimum term of imprisonment of 30 days shall
    be imposed for a third violation of subsection (c) of
    Section 6-303 of the Illinois Vehicle Code.
        (4.6) Except as provided in paragraph (4.10) of this
    subsection (c), a minimum term of imprisonment of 180 days
    shall be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the Illinois Vehicle
    Code.
        (4.7) A minimum term of imprisonment of not less than
    30 consecutive days, or 300 hours of community service,
    shall be imposed for a violation of subsection (a-5) of
    Section 6-303 of the Illinois Vehicle Code, as provided in
    subsection (b-5) of that Section.
        (4.8) A mandatory prison sentence shall be imposed for
    a second violation of subsection (a-5) of Section 6-303 of
    the Illinois Vehicle Code, as provided in subsection (c-5)
    of that Section. The person's driving privileges shall be
    revoked for a period of not less than 5 years from the date
    of his or her release from prison.
        (4.9) A mandatory prison sentence of not less than 4
    and not more than 15 years shall be imposed for a third
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-2.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (4.10) A mandatory prison sentence for a Class 1 felony
    shall be imposed, and the person shall be eligible for an
    extended term sentence, for a fourth or subsequent
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-3.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (5) The court may sentence a corporation or
    unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        5-5-6 of this Code.
        (5.1) In addition to any other penalties imposed, and
    except as provided in paragraph (5.2) or (5.3), a person
    convicted of violating subsection (c) of Section 11-907 of
    the Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 90
    days but not more than one year, if the violation resulted
    in damage to the property of another person.
        (5.2) In addition to any other penalties imposed, and
    except as provided in paragraph (5.3), a person convicted
    of violating subsection (c) of Section 11-907 of the
    Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
        (5.3) In addition to any other penalties imposed, a
    person convicted of violating subsection (c) of Section
    11-907 of the Illinois Vehicle Code shall have his or her
    driver's license, permit, or privileges suspended for 2
    years, if the violation resulted in the death of another
    person.
        (5.4) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for 3 months and until he
    or she has paid a reinstatement fee of $100.
        (5.5) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code during a period in which his or her driver's
    license, permit, or privileges were suspended for a
    previous violation of that Section shall have his or her
    driver's license, permit, or privileges suspended for an
    additional 6 months after the expiration of the original
    3-month suspension and until he or she has paid a
    reinstatement fee of $100.
        (6) (Blank).
        (7) (Blank).
        (8) (Blank).
        (9) A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may be sentenced to
    a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    for a first offense and $2,000 for a second or subsequent
    offense upon a person convicted of or placed on supervision
    for battery when the individual harmed was a sports
    official or coach at any level of competition and the act
    causing harm to the sports official or coach occurred
    within an athletic facility or within the immediate
    vicinity of the athletic facility at which the sports
    official or coach was an active participant of the athletic
    contest held at the athletic facility. For the purposes of
    this paragraph (11), "sports official" means a person at an
    athletic contest who enforces the rules of the contest,
    such as an umpire or referee; "athletic facility" means an
    indoor or outdoor playing field or recreational area where
    sports activities are conducted; and "coach" means a person
    recognized as a coach by the sanctioning authority that
    conducted the sporting event.
        (12) A person may not receive a disposition of court
    supervision for a violation of Section 5-16 of the Boat
    Registration and Safety Act if that person has previously
    received a disposition of court supervision for a violation
    of that Section.
        (13) A person convicted of or placed on court
    supervision for an assault or aggravated assault when the
    victim and the offender are family or household members as
    defined in Section 103 of the Illinois Domestic Violence
    Act of 1986 or convicted of domestic battery or aggravated
    domestic battery may be required to attend a Partner Abuse
    Intervention Program under protocols set forth by the
    Illinois Department of Human Services under such terms and
    conditions imposed by the court. The costs of such classes
    shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-5.01 or 12-16.2 of the
Criminal Code of 1961 against the defendant. The court shall
order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-5.01 or
12-16.2 of the Criminal Code of 1961 against the defendant. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
    (l), whenever a defendant, who is an alien as defined by
    the Immigration and Nationality Act, is convicted of any
    felony or misdemeanor offense, the court after sentencing
    the defendant may, upon motion of the State's Attorney,
    hold sentence in abeyance and remand the defendant to the
    custody of the Attorney General of the United States or his
    or her designated agent to be deported when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    provided in this Chapter V.
        (B) If the defendant has already been sentenced for a
    felony or misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act, the court may, upon motion of the State's
    Attorney to suspend the sentence imposed, commit the
    defendant to the custody of the Attorney General of the
    United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders who
    are subject to the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
        (D) Upon motion of the State's Attorney, if a defendant
    sentenced under this Section returns to the jurisdiction of
    the United States, the defendant shall be recommitted to
    the custody of the county from which he or she was
    sentenced. Thereafter, the defendant shall be brought
    before the sentencing court, which may impose any sentence
    that was available under Section 5-5-3 at the time of
    initial sentencing. In addition, the defendant shall not be
    eligible for additional good conduct credit for
    meritorious service as provided under Section 3-6-6.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
or (b) of Section 12-4.4a, of the Criminal Code of 1961 (i) to
an impact incarceration program if the person is otherwise
eligible for that program under Section 5-8-1.1, (ii) to
community service, or (iii) if the person is an addict or
alcoholic, as defined in the Alcoholism and Other Drug Abuse
and Dependency Act, to a substance or alcohol abuse program
licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-5-3.2)
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 12-12 of the Criminal Code of 1961,
    teacher, scout leader, baby sitter, or day care worker, in
    relation to a victim under 18 years of age, and the
    defendant committed an offense in violation of Section
    11-6, 11-11, 11-15.1, 11-19.1, 11-19.2, 11-20.1, 12-13,
    12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961
    against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
    18-2, or 33A-2, or Section 12-3.05 except for subdivision
    (a)(4) or (g)(1), of the Criminal Code of 1961;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
    18-2, or 33A-2, or Section 12-3.05 except for subdivision
    (a)(4) or (g)(1), of the Criminal Code of 1961;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    1961;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act or the MR/DD
    Community Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the offense of driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds or any combination thereof under Section 11-501
    of the Illinois Vehicle Code or a similar provision of a
    local ordinance and (ii) was operating a motor vehicle in
    excess of 20 miles per hour over the posted speed limit as
    provided in Article VI of Chapter 11 of the Illinois
    Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty;
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person;
        (24) the defendant committed any offense under Section
    11-20.1 of the Criminal Code of 1961 and possessed 100 or
    more images;
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation; or
        (26) the defendant committed the offense of child
    pornography or aggravated child pornography, specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.1 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context and specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.3 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context; or
        (27) the defendant committed the offense of first
    degree murder, assault, aggravated assault, battery,
    aggravated battery, robbery, armed robbery, or aggravated
    robbery against a person who was a veteran and the
    defendant knew, or reasonably should have known, that the
    person was a veteran performing duties as a representative
    of a veterans' organization. For the purposes of this
    paragraph (27), "veteran" means an Illinois resident who
    has served as a member of the United States Armed Forces, a
    member of the Illinois National Guard, or a member of the
    United States Reserve Forces; and "veterans' organization"
    means an organization comprised of members of which
    substantially all are individuals who are veterans or
    spouses, widows, or widowers of veterans, the primary
    purpose of which is to promote the welfare of its members
    and to provide assistance to the general public in such a
    way as to confer a public benefit.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense
    committed while using a firearm with a laser sight attached
    to it. For purposes of this paragraph, "laser sight" has
    the meaning ascribed to it in Section 24.6-5 of the
    Criminal Code of 1961; or
        (7) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (8) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged.
    (c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
    within 10 years after the previous conviction, excluding
    time spent in custody, and the charges are separately
    brought and tried and arise out of different series of
    acts.
        (1.5) When a defendant is convicted of first degree
    murder, after having been previously convicted of domestic
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
    (720 ILCS 5/12-3.3) committed on the same victim or after
    having been previously convicted of violation of an order
    of protection (720 ILCS 5/12-30) in which the same victim
    was the protected person.
        (2) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter, or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual.
        (3) When a defendant is convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    there is a finding that aggravated criminal sexual assault
    or criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time
    of the commission of the offense, when a defendant is
    convicted of aggravated criminal sexual assault or
    predatory criminal sexual assault of a child under
    subsection (a)(1) of Section 12-14.1 of the Criminal Code
    of 1961 (720 ILCS 5/12-14.1).
        (5) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1) and there is a finding that the defendant is a
    member of an organized gang.
        (6) When a defendant was convicted of unlawful use of
    weapons under Section 24-1 of the Criminal Code of 1961
    (720 ILCS 5/24-1) for possessing a weapon that is not
    readily distinguishable as one of the weapons enumerated in
    Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1).
        (7) When a defendant is convicted of an offense
    involving the illegal manufacture of a controlled
    substance under Section 401 of the Illinois Controlled
    Substances Act (720 ILCS 570/401), the illegal manufacture
    of methamphetamine under Section 25 of the Methamphetamine
    Control and Community Protection Act (720 ILCS 646/25), or
    the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph, "emergency" means a situation
    in which a person's life, health, or safety is in jeopardy;
    and "emergency response officer" means a peace officer,
    community policing volunteer, fireman, emergency medical
    technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel.
    (d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
victim of the offense is under 18 years of age at the time of
the commission of the offense and, during the commission of the
offense, the victim was under the influence of alcohol,
regardless of whether or not the alcohol was supplied by the
offender; and the offender, at the time of the commission of
the offense, knew or should have known that the victim had
consumed alcohol.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,
eff. 1-1-11; revised 9-16-10.)
 
    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
    Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
    (a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
    (b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
    (c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
        (1) If, having regard to the nature and circumstances
    of the offense and the history and character of the
    defendant, it is the opinion of the court that consecutive
    sentences are required to protect the public from further
    criminal conduct by the defendant, the basis for which the
    court shall set forth in the record.
        (2) If one of the offenses for which a defendant was
    convicted was a violation of Section 32-5.2 (aggravated
    false personation of a peace officer) of the Criminal Code
    of 1961 (720 ILCS 5/32-5.2) and the offense was committed
    in attempting or committing a forcible felony.
    (d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
        (1) One of the offenses for which the defendant was
    convicted was first degree murder or a Class X or Class 1
    felony and the defendant inflicted severe bodily injury.
        (2) The defendant was convicted of a violation of
    Section 12-13 (criminal sexual assault), 12-14 (aggravated
    criminal sexual assault), or 12-14.1 (predatory criminal
    sexual assault of a child) of the Criminal Code of 1961
    (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
        (3) The defendant was convicted of armed violence based
    upon the predicate offense of any of the following:
    solicitation of murder, solicitation of murder for hire,
    heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05, aggravated battery
    of a senior citizen as described in Section 12-4.6 or
    subdivision (a)(4) of Section 12-3.05, criminal sexual
    assault, a violation of subsection (g) of Section 5 of the
    Cannabis Control Act (720 ILCS 550/5), cannabis
    trafficking, a violation of subsection (a) of Section 401
    of the Illinois Controlled Substances Act (720 ILCS
    570/401), controlled substance trafficking involving a
    Class X felony amount of controlled substance under Section
    401 of the Illinois Controlled Substances Act (720 ILCS
    570/401), a violation of the Methamphetamine Control and
    Community Protection Act (720 ILCS 646/), calculated
    criminal drug conspiracy, or streetgang criminal drug
    conspiracy.
        (4) The defendant was convicted of the offense of
    leaving the scene of a motor vehicle accident involving
    death or personal injuries under Section 11-401 of the
    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof under Section 11-501 of the
    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
    homicide under Section 9-3 of the Criminal Code of 1961
    (720 ILCS 5/9-3), or (C) both an offense described in item
    (A) and an offense described in item (B).
        (5) The defendant was convicted of a violation of
    Section 9-3.1 (concealment of homicidal death) or Section
    12-20.5 (dismembering a human body) of the Criminal Code of
    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
        (5.5) The defendant was convicted of a violation of
    Section 24-3.7 (use of a stolen firearm in the commission
    of an offense) of the Criminal Code of 1961.
        (6) If the defendant was in the custody of the
    Department of Corrections at the time of the commission of
    the offense, the sentence shall be served consecutive to
    the sentence under which the defendant is held by the
    Department of Corrections. If, however, the defendant is
    sentenced to punishment by death, the sentence shall be
    executed at such time as the court may fix without regard
    to the sentence under which the defendant may be held by
    the Department.
        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
    for escape or attempted escape shall be served consecutive
    to the terms under which the offender is held by the
    Department of Corrections.
        (8) If a person charged with a felony commits a
    separate felony while on pretrial release or in pretrial
    detention in a county jail facility or county detention
    facility, then the sentences imposed upon conviction of
    these felonies shall be served consecutively regardless of
    the order in which the judgments of conviction are entered.
        (8.5) If a person commits a battery against a county
    correctional officer or sheriff's employee while serving a
    sentence or in pretrial detention in a county jail
    facility, then the sentence imposed upon conviction of the
    battery shall be served consecutively with the sentence
    imposed upon conviction of the earlier misdemeanor or
    felony, regardless of the order in which the judgments of
    conviction are entered.
        (9) If a person admitted to bail following conviction
    of a felony commits a separate felony while free on bond or
    if a person detained in a county jail facility or county
    detention facility following conviction of a felony
    commits a separate felony while in detention, then any
    sentence following conviction of the separate felony shall
    be consecutive to that of the original sentence for which
    the defendant was on bond or detained.
        (10) If a person is found to be in possession of an
    item of contraband, as defined in clause (c)(2) of Section
    31A-1.1 of the Criminal Code of 1961, while serving a
    sentence in a county jail or while in pre-trial detention
    in a county jail, the sentence imposed upon conviction for
    the offense of possessing contraband in a penal institution
    shall be served consecutively to the sentence imposed for
    the offense in which the person is serving sentence in the
    county jail or serving pretrial detention, regardless of
    the order in which the judgments of conviction are entered.
        (11) If a person is sentenced for a violation of bail
    bond under Section 32-10 of the Criminal Code of 1961, any
    sentence imposed for that violation shall be served
    consecutive to the sentence imposed for the charge for
    which bail had been granted and with respect to which the
    defendant has been convicted.
    (e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
    (f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
        (1) For sentences imposed under law in effect prior to
    February 1, 1978, the aggregate maximum of consecutive
    sentences shall not exceed the maximum term authorized
    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
    Chapter V for the 2 most serious felonies involved. The
    aggregate minimum period of consecutive sentences shall
    not exceed the highest minimum term authorized under
    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
    V for the 2 most serious felonies involved. When sentenced
    only for misdemeanors, a defendant shall not be
    consecutively sentenced to more than the maximum for one
    Class A misdemeanor.
        (2) For sentences imposed under the law in effect on or
    after February 1, 1978, the aggregate of consecutive
    sentences for offenses that were committed as part of a
    single course of conduct during which there was no
    substantial change in the nature of the criminal objective
    shall not exceed the sum of the maximum terms authorized
    under Article 4.5 of Chapter V for the 2 most serious
    felonies involved, but no such limitation shall apply for
    offenses that were not committed as part of a single course
    of conduct during which there was no substantial change in
    the nature of the criminal objective. When sentenced only
    for misdemeanors, a defendant shall not be consecutively
    sentenced to more than the maximum for one Class A
    misdemeanor.
    (g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
        (1) The maximum period of a term of imprisonment shall
    consist of the aggregate of the maximums of the imposed
    indeterminate terms, if any, plus the aggregate of the
    imposed determinate sentences for felonies, plus the
    aggregate of the imposed determinate sentences for
    misdemeanors, subject to subsection (f) of this Section.
        (2) The parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-4.5-50
    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
    involved.
        (3) The minimum period of imprisonment shall be the
    aggregate of the minimum and determinate periods of
    imprisonment imposed by the court, subject to subsection
    (f) of this Section.
        (4) The defendant shall be awarded credit against the
    aggregate maximum term and the aggregate minimum term of
    imprisonment for all time served in an institution since
    the commission of the offense or offenses and as a
    consequence thereof at the rate specified in Section 3-6-3
    (730 ILCS 5/3-6-3).
(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
    Sec. 5-8A-2. Definitions. As used in this Article:
    (A) "Approved electronic monitoring device" means a device
approved by the supervising authority which is primarily
intended to record or transmit information as to the
defendant's presence or nonpresence in the home.
    An approved electronic monitoring device may record or
transmit: oral or wire communications or an auditory sound;
visual images; or information regarding the offender's
activities while inside the offender's home. These devices are
subject to the required consent as set forth in Section 5-8A-5
of this Article.
    An approved electronic monitoring device may be used to
record a conversation between the participant and the
monitoring device, or the participant and the person
supervising the participant solely for the purpose of
identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
    (B) "Excluded offenses" means first degree murder, escape,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual assault, aggravated
battery with a firearm as described in Section 12-4.2 or
subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
12-3.05, bringing or possessing a firearm, ammunition or
explosive in a penal institution, any "Super-X" drug offense or
calculated criminal drug conspiracy or streetgang criminal
drug conspiracy, or any predecessor or successor offenses with
the same or substantially the same elements, or any inchoate
offenses relating to the foregoing offenses.
    (C) "Home detention" means the confinement of a person
convicted or charged with an offense to his or her place of
residence under the terms and conditions established by the
supervising authority.
    (D) "Participant" means an inmate or offender placed into
an electronic monitoring program.
    (E) "Supervising authority" means the Department of
Corrections, probation supervisory authority, sheriff,
superintendent of municipal house of corrections or any other
officer or agency charged with authorizing and supervising home
detention.
    (F) "Super-X drug offense" means a violation of Section
401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
(C), or (D) of the Illinois Controlled Substances Act.
(Source: P.A. 88-311; 89-428, eff. 12-13-95; 89-462, eff.
5-29-96; 89-498, eff. 6-27-96.)
 
    (730 ILCS 5/5-9-1.16)
    Sec. 5-9-1.16. Protective order violation fees.
    (a) There shall be added to every penalty imposed in
sentencing for a violation of an order of protection under
Section 12-3.4 or 12-30 of the Criminal Code of 1961 an
additional fee to be set in an amount not less than $200 to be
imposed upon a plea of guilty or finding of guilty resulting in
a judgment of conviction.
    (b) Such additional amount shall be assessed by the court
imposing sentence and shall be collected by the Circuit Clerk
in addition to the fine, if any, and costs in the case to be
used by the supervising authority in implementing the domestic
violence surveillance program. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probations Officers
Act.
    (c) The supervising authority of a domestic violence
surveillance program under Section 5-8A-7 of this Act shall
assess a person either convicted of, or charged with, the
violation of an order of protection an additional fee to cover
the costs of providing the equipment used and the additional
supervision needed for such domestic violence surveillance
program. If the court finds that the fee would impose an undue
burden on the victim, the court may reduce or waive the fee.
The court shall order that the defendant may not use funds
belonging solely to the victim of the offense for payment of
the fee.
    When the supervising authority is the court or the
probation and court services department, the fee shall be
collected by the circuit court clerk. The clerk of the circuit
court shall pay all monies collected from this fee and all
other required probation fees that are assessed to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probations Officers
Act. In counties with a population of 2 million or more, when
the supervising authority is the court or the probation and
court services department, the fee shall be collected by the
supervising authority. In these counties, the supervising
authority shall pay all monies collected from this fee and all
other required probation fees that are assessed, to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    When the supervising authority is the Department of
Corrections, the Department shall collect the fee for deposit
into the Illinois Department of Corrections "fund". The Circuit
Clerk shall retain 10% of such penalty and deposit that
percentage into the Circuit Court Clerk Operation and
Administrative Fund to cover the costs incurred in
administering and enforcing this Section.
    (d) (Blank).
    (e) (Blank).
(Source: P.A. 95-773, eff. 1-1-09; 96-688, eff. 8-25-09.)
 
    Section 975. The Secure Residential Youth Care Facility
Licensing Act is amended by changing Section 45-30 as follows:
 
    (730 ILCS 175/45-30)
    Sec. 45-30. License or employment eligibility.
    (a) No applicant may receive a license from the Department
and no person may be employed by a licensed facility who
refuses to authorize an investigation as required by Section
45-25.
    (b) No applicant may receive a license from the Department
and no person may be employed by a secure residential youth
care facility licensed by the Department who has been declared
a sexually dangerous person under the Sexually Dangerous
Persons Act or convicted of committing or attempting to commit
any of the following offenses under the Criminal Code of 1961:
        (1) First degree murder.
        (2) A sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, 11-13 and 11-18.
        (3) Kidnapping.
        (4) Aggravated kidnapping.
        (5) Child abduction.
        (6) Aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05.
        (7) Criminal sexual assault.
        (8) Aggravated criminal sexual assault.
        (8.1) Predatory criminal sexual assault of a child.
        (9) Criminal sexual abuse.
        (10) Aggravated criminal sexual abuse.
        (11) A federal offense or an offense in any other state
    the elements of which are similar to any of the foregoing
    offenses.
(Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)
 
    Section 980. The Crime Victims Compensation Act is amended
by changing Section 2 as follows:
 
    (740 ILCS 45/2)  (from Ch. 70, par. 72)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of a
minor or of a person under legal disability. It includes any
person who was a dependent of a deceased victim of a crime of
violence for his or her support at the time of the death of
that victim.
    (b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
    (c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-11, 11-19.2,
11-20.1, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-3.4, 12-4,
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
or Section 12-3.05 except for subdivision (a)(4) or (g)(1), of
the Criminal Code of 1961, Sections 1(a) and 1(a-5) of the
Cemetery Protection Act, driving under the influence of
intoxicating liquor or narcotic drugs as defined in Section
11-501 of the Illinois Vehicle Code, and a violation of Section
11-401 of the Illinois Vehicle Code, provided the victim was a
pedestrian or was operating a vehicle moved solely by human
power or a mobility device at the time of contact; so long as
the offense did not occur during a civil riot, insurrection or
rebellion. "Crime of violence" does not include any other
offense or accident involving a motor vehicle except those
vehicle offenses specifically provided for in this paragraph.
"Crime of violence" does include all of the offenses
specifically provided for in this paragraph that occur within
this State but are subject to federal jurisdiction and crimes
involving terrorism as defined in 18 U.S.C. 2331.
    (d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the parent of a person killed
or injured in this State as a result of a crime of violence
perpetrated or attempted against the person, (3) a person
killed or injured in this State while attempting to assist a
person against whom a crime of violence is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable person under the circumstances, (4) a person killed
or injured in this State while assisting a law enforcement
official apprehend a person who has perpetrated a crime of
violence or prevent the perpetration of any such crime if that
assistance was in response to the express request of the law
enforcement official, (5) a person who personally witnessed a
violent crime, (5.1) solely for the purpose of compensating for
pecuniary loss incurred for psychological treatment of a mental
or emotional condition caused or aggravated by the crime, any
other person under the age of 18 who is the brother, sister,
half brother, half sister, child, or stepchild of a person
killed or injured in this State as a result of a crime of
violence, (6) an Illinois resident who is a victim of a "crime
of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) a deceased person whose body
is dismembered or whose remains are desecrated as the result of
a crime of violence, or (8) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any parent, spouse, or child under the
age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
    (e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
    (f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.
    (g) "Child" means an unmarried son or daughter who is under
18 years of age and includes a stepchild, an adopted child or a
child born out of wedlock.
    (h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, expenses for care or
counseling by a licensed clinical psychologist, licensed
clinical social worker, or licensed clinical professional
counselor and expenses for treatment by Christian Science
practitioners and nursing care appropriate thereto;
transportation expenses to and from medical and treatment
facilities; prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime; replacement
costs for clothing and bedding used as evidence; costs
associated with temporary lodging or relocation necessary as a
result of the crime, including, but not limited to, the first
month's rent and security deposit of the dwelling that the
claimant relocated to and other reasonable relocation expenses
incurred as a result of the violent crime; locks or windows
necessary or damaged as a result of the crime; the purchase,
lease, or rental of equipment necessary to create usability of
and accessibility to the victim's real and personal property,
or the real and personal property which is used by the victim,
necessary as a result of the crime; the costs of appropriate
crime scene clean-up; replacement services loss, to a maximum
of $1000 per month; dependents replacement services loss, to a
maximum of $1000 per month; loss of tuition paid to attend
grammar school or high school when the victim had been enrolled
as a student prior to the injury, or college or graduate school
when the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him or her; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for
funeral, burial, and travel and transport for survivors of
homicide victims to secure bodies of deceased victims and to
transport bodies for burial all of which may not exceed a
maximum of $5,000 and loss of support of the dependents of the
victim; in the case of dismemberment or desecration of a body,
expenses for funeral and burial, all of which may not exceed a
maximum of $5,000. Loss of future earnings shall be reduced by
any income from substitute work actually performed by the
victim or by income he or she would have earned in available
appropriate substitute work he or she was capable of performing
but unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on $1000
per month, whichever is less. If a divorced or legally
separated applicant is claiming loss of support for a minor
child of the deceased, the amount of support for each child
shall be based either on the amount of support pursuant to the
judgment prior to the date of the deceased victim's injury or
death, or, if the subject of pending litigation filed by or on
behalf of the divorced or legally separated applicant prior to
the injury or death, on the result of that litigation. Real and
personal property includes, but is not limited to, vehicles,
houses, apartments, town houses, or condominiums. Pecuniary
loss does not include pain and suffering or property loss or
damage.
    (i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
    (j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians of
minor dependents after a victim's death in obtaining ordinary
and necessary services in lieu of those the victim would have
performed, not for income, but for their benefit, if he or she
had not been fatally injured.
    (k) "Survivor" means immediate family including a parent,
step-father, step-mother, child, brother, sister, or spouse.
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10.)
 
    Section 985. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 503 as follows:
 
    (750 ILCS 5/503)  (from Ch. 40, par. 503)
    Sec. 503. Disposition of property.
    (a) For purposes of this Act, "marital property" means all
property acquired by either spouse subsequent to the marriage,
except the following, which is known as "non-marital property":
        (1) property acquired by gift, legacy or descent;
        (2) property acquired in exchange for property
    acquired before the marriage or in exchange for property
    acquired by gift, legacy or descent;
        (3) property acquired by a spouse after a judgment of
    legal separation;
        (4) property excluded by valid agreement of the
    parties;
        (5) any judgment or property obtained by judgment
    awarded to a spouse from the other spouse;
        (6) property acquired before the marriage;
        (7) the increase in value of property acquired by a
    method listed in paragraphs (1) through (6) of this
    subsection, irrespective of whether the increase results
    from a contribution of marital property, non-marital
    property, the personal effort of a spouse, or otherwise,
    subject to the right of reimbursement provided in
    subsection (c) of this Section; and
        (8) income from property acquired by a method listed in
    paragraphs (1) through (7) of this subsection if the income
    is not attributable to the personal effort of a spouse.
    (b)(1) For purposes of distribution of property pursuant to
this Section, all property acquired by either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage, including non-marital
property transferred into some form of co-ownership between the
spouses, is presumed to be marital property, regardless of
whether title is held individually or by the spouses in some
form of co-ownership such as joint tenancy, tenancy in common,
tenancy by the entirety, or community property. The presumption
of marital property is overcome by a showing that the property
was acquired by a method listed in subsection (a) of this
Section.
    (2) For purposes of distribution of property pursuant to
this Section, all pension benefits (including pension benefits
under the Illinois Pension Code) acquired by either spouse
after the marriage and before a judgment of dissolution of
marriage or declaration of invalidity of the marriage are
presumed to be marital property, regardless of which spouse
participates in the pension plan. The presumption that these
pension benefits are marital property is overcome by a showing
that the pension benefits were acquired by a method listed in
subsection (a) of this Section. The right to a division of
pension benefits in just proportions under this Section is
enforceable under Section 1-119 of the Illinois Pension Code.
    The value of pension benefits in a retirement system
subject to the Illinois Pension Code shall be determined in
accordance with the valuation procedures established by the
retirement system.
    The recognition of pension benefits as marital property and
the division of those benefits pursuant to a Qualified Illinois
Domestic Relations Order shall not be deemed to be a
diminishment, alienation, or impairment of those benefits. The
division of pension benefits is an allocation of property in
which each spouse has a species of common ownership.
    (3) For purposes of distribution of property under this
Section, all stock options granted to either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage, whether vested or
non-vested or whether their value is ascertainable, are
presumed to be marital property. This presumption of marital
property is overcome by a showing that the stock options were
acquired by a method listed in subsection (a) of this Section.
The court shall allocate stock options between the parties at
the time of the judgment of dissolution of marriage or
declaration of invalidity of marriage recognizing that the
value of the stock options may not be then determinable and
that the actual division of the options may not occur until a
future date. In making the allocation between the parties, the
court shall consider, in addition to the factors set forth in
subsection (d) of this Section, the following:
        (i) All circumstances underlying the grant of the stock
    option including but not limited to whether the grant was
    for past, present, or future efforts, or any combination
    thereof.
        (ii) The length of time from the grant of the option to
    the time the option is exercisable.
    (c) Commingled marital and non-marital property shall be
treated in the following manner, unless otherwise agreed by the
spouses:
        (1) When marital and non-marital property are
    commingled by contributing one estate of property into
    another resulting in a loss of identity of the contributed
    property, the classification of the contributed property
    is transmuted to the estate receiving the contribution,
    subject to the provisions of paragraph (2) of this
    subsection; provided that if marital and non-marital
    property are commingled into newly acquired property
    resulting in a loss of identity of the contributing
    estates, the commingled property shall be deemed
    transmuted to marital property, subject to the provisions
    of paragraph (2) of this subsection.
        (2) When one estate of property makes a contribution to
    another estate of property, or when a spouse contributes
    personal effort to non-marital property, the contributing
    estate shall be reimbursed from the estate receiving the
    contribution notwithstanding any transmutation; provided,
    that no such reimbursement shall be made with respect to a
    contribution which is not retraceable by clear and
    convincing evidence, or was a gift, or, in the case of a
    contribution of personal effort of a spouse to non-marital
    property, unless the effort is significant and results in
    substantial appreciation of the non-marital property.
    Personal effort of a spouse shall be deemed a contribution
    by the marital estate. The court may provide for
    reimbursement out of the marital property to be divided or
    by imposing a lien against the non-marital property which
    received the contribution.
    (d) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage, or in a proceeding for
disposition of property following dissolution of marriage by a
court which lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court
shall assign each spouse's non-marital property to that spouse.
It also shall divide the marital property without regard to
marital misconduct in just proportions considering all
relevant factors, including:
        (1) the contribution of each party to the acquisition,
    preservation, or increase or decrease in value of the
    marital or non-marital property, including (i) any such
    decrease attributable to a payment deemed to have been an
    advance from the parties' marital estate under subsection
    (c-1)(2) of Section 501 and (ii) the contribution of a
    spouse as a homemaker or to the family unit;
        (2) the dissipation by each party of the marital or
    non-marital property;
        (3) the value of the property assigned to each spouse;
        (4) the duration of the marriage;
        (5) the relevant economic circumstances of each spouse
    when the division of property is to become effective,
    including the desirability of awarding the family home, or
    the right to live therein for reasonable periods, to the
    spouse having custody of the children;
        (6) any obligations and rights arising from a prior
    marriage of either party;
        (7) any antenuptial agreement of the parties;
        (8) the age, health, station, occupation, amount and
    sources of income, vocational skills, employability,
    estate, liabilities, and needs of each of the parties;
        (9) the custodial provisions for any children;
        (10) whether the apportionment is in lieu of or in
    addition to maintenance;
        (11) the reasonable opportunity of each spouse for
    future acquisition of capital assets and income; and
        (12) the tax consequences of the property division upon
    the respective economic circumstances of the parties.
    (e) Each spouse has a species of common ownership in the
marital property which vests at the time dissolution
proceedings are commenced and continues only during the
pendency of the action. Any such interest in marital property
shall not encumber that property so as to restrict its
transfer, assignment or conveyance by the title holder unless
such title holder is specifically enjoined from making such
transfer, assignment or conveyance.
    (f) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage or in a proceeding for
disposition of property following dissolution of marriage by a
court that lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court,
in determining the value of the marital and non-marital
property for purposes of dividing the property, shall value the
property as of the date of trial or some other date as close to
the date of trial as is practicable.
    (g) The court if necessary to protect and promote the best
interests of the children may set aside a portion of the
jointly or separately held estates of the parties in a separate
fund or trust for the support, maintenance, education, physical
and mental health, and general welfare of any minor, dependent,
or incompetent child of the parties. In making a determination
under this subsection, the court may consider, among other
things, the conviction of a party of any of the offenses set
forth in Section 12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13,
12-14, 12-14.1, 12-15, or 12-16, or Section 12-3.05 except for
subdivision (a)(4) or (g)(1), of the Criminal Code of 1961 if
the victim is a child of one or both of the parties, and there
is a need for, and cost of, care, healing and counseling for
the child who is the victim of the crime.
    (h) Unless specifically directed by a reviewing court, or
upon good cause shown, the court shall not on remand consider
any increase or decrease in the value of any "marital" or
"non-marital" property occurring since the assessment of such
property at the original trial or hearing, but shall use only
that assessment made at the original trial or hearing.
    (i) The court may make such judgments affecting the marital
property as may be just and may enforce such judgments by
ordering a sale of marital property, with proceeds therefrom to
be applied as determined by the court.
    (j) After proofs have closed in the final hearing on all
other issues between the parties (or in conjunction with the
final hearing, if all parties so stipulate) and before judgment
is entered, a party's petition for contribution to fees and
costs incurred in the proceeding shall be heard and decided, in
accordance with the following provisions:
        (1) A petition for contribution, if not filed before
    the final hearing on other issues between the parties,
    shall be filed no later than 30 days after the closing of
    proofs in the final hearing or within such other period as
    the court orders.
        (2) Any award of contribution to one party from the
    other party shall be based on the criteria for division of
    marital property under this Section 503 and, if maintenance
    has been awarded, on the criteria for an award of
    maintenance under Section 504.
        (3) The filing of a petition for contribution shall not
    be deemed to constitute a waiver of the attorney-client
    privilege between the petitioning party and current or
    former counsel; and such a waiver shall not constitute a
    prerequisite to a hearing for contribution. If either
    party's presentation on contribution, however, includes
    evidence within the scope of the attorney-client
    privilege, the disclosure or disclosures shall be narrowly
    construed and shall not be deemed by the court to
    constitute a general waiver of the privilege as to matters
    beyond the scope of the presentation.
        (4) No finding on which a contribution award is based
    or denied shall be asserted against counsel or former
    counsel for purposes of any hearing under subsection (c) or
    (e) of Section 508.
        (5) A contribution award (payable to either the
    petitioning party or the party's counsel, or jointly, as
    the court determines) may be in the form of either a set
    dollar amount or a percentage of fees and costs (or a
    portion of fees and costs) to be subsequently agreed upon
    by the petitioning party and counsel or, alternatively,
    thereafter determined in a hearing pursuant to subsection
    (c) of Section 508 or previously or thereafter determined
    in an independent proceeding under subsection (e) of
    Section 508.
        (6) The changes to this Section 503 made by this
    amendatory Act of 1996 apply to cases pending on or after
    June 1, 1997, except as otherwise provided in Section 508.
(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10.)
 
    Section 990. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 103, 223, and 301 as follows:
 
    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
    Sec. 103. Definitions. For the purposes of this Act, the
following terms shall have the following meanings:
    (1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
    (2) "Adult with disabilities" means an elder adult with
disabilities or a high-risk adult with disabilities. A person
may be an adult with disabilities for purposes of this Act even
though he or she has never been adjudicated an incompetent
adult. However, no court proceeding may be initiated or
continued on behalf of an adult with disabilities over that
adult's objection, unless such proceeding is approved by his or
her legal guardian, if any.
    (3) "Domestic violence" means abuse as defined in paragraph
(1).
    (4) "Elder adult with disabilities" means an adult
prevented by advanced age from taking appropriate action to
protect himself or herself from abuse by a family or household
member.
    (5) "Exploitation" means the illegal, including tortious,
use of a high-risk adult with disabilities or of the assets or
resources of a high-risk adult with disabilities. Exploitation
includes, but is not limited to, the misappropriation of assets
or resources of a high-risk adult with disabilities by undue
influence, by breach of a fiduciary relationship, by fraud,
deception, or extortion, or the use of such assets or resources
in a manner contrary to law.
    (6) "Family or household members" include spouses, former
spouses, parents, children, stepchildren and other persons
related by blood or by present or prior marriage, persons who
share or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,
persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a or paragraph (3) of
subsection (b) of Section 12-21 of the Criminal Code of 1961.
For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed to
constitute a dating relationship. In the case of a high-risk
adult with disabilities, "family or household members"
includes any person who has the responsibility for a high-risk
adult as a result of a family relationship or who has assumed
responsibility for all or a portion of the care of a high-risk
adult with disabilities voluntarily, or by express or implied
contract, or by court order.
    (7) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose that is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
        (i) creating a disturbance at petitioner's place of
    employment or school;
        (ii) repeatedly telephoning petitioner's place of
    employment, home or residence;
        (iii) repeatedly following petitioner about in a
    public place or places;
        (iv) repeatedly keeping petitioner under surveillance
    by remaining present outside his or her home, school, place
    of employment, vehicle or other place occupied by
    petitioner or by peering in petitioner's windows;
        (v) improperly concealing a minor child from
    petitioner, repeatedly threatening to improperly remove a
    minor child of petitioner's from the jurisdiction or from
    the physical care of petitioner, repeatedly threatening to
    conceal a minor child from petitioner, or making a single
    such threat following an actual or attempted improper
    removal or concealment, unless respondent was fleeing an
    incident or pattern of domestic violence; or
        (vi) threatening physical force, confinement or
    restraint on one or more occasions.
    (8) "High-risk adult with disabilities" means a person aged
18 or over whose physical or mental disability impairs his or
her ability to seek or obtain protection from abuse, neglect,
or exploitation.
    (9) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
    (10) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability to
participation in or the witnessing of: physical force against
another or physical confinement or restraint of another which
constitutes physical abuse as defined in this Act, regardless
of whether the abused person is a family or household member.
    (11) (A) "Neglect" means the failure to exercise that
degree of care toward a high-risk adult with disabilities which
a reasonable person would exercise under the circumstances and
includes but is not limited to:
        (i) the failure to take reasonable steps to protect a
    high-risk adult with disabilities from acts of abuse;
        (ii) the repeated, careless imposition of unreasonable
    confinement;
        (iii) the failure to provide food, shelter, clothing,
    and personal hygiene to a high-risk adult with disabilities
    who requires such assistance;
        (iv) the failure to provide medical and rehabilitative
    care for the physical and mental health needs of a
    high-risk adult with disabilities; or
        (v) the failure to protect a high-risk adult with
    disabilities from health and safety hazards.
    (B) Nothing in this subsection (10) shall be construed to
impose a requirement that assistance be provided to a high-risk
adult with disabilities over his or her objection in the
absence of a court order, nor to create any new affirmative
duty to provide support to a high-risk adult with disabilities.
    (12) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this Act,
which includes any or all of the remedies authorized by Section
214 of this Act.
    (13) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other person
protected by this Act.
    (14) "Physical abuse" includes sexual abuse and means any
of the following:
        (i) knowing or reckless use of physical force,
    confinement or restraint;
        (ii) knowing, repeated and unnecessary sleep
    deprivation; or
        (iii) knowing or reckless conduct which creates an
    immediate risk of physical harm.
    (14.5) "Stay away" means for the respondent to refrain from
both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
    (15) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care or treatment
when the dependent person has expressed an intent to forgo such
medical care or treatment. This paragraph does not create any
new affirmative duty to provide support to dependent persons.
(Source: P.A. 92-253, eff. 1-1-02; 93-811, eff. 1-1-05.)
 
    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
    Sec. 223. Enforcement of orders of protection.
    (a) When violation is crime. A violation of any order of
protection, whether issued in a civil or criminal proceeding,
shall be enforced by a criminal court when:
        (1) The respondent commits the crime of violation of an
    order of protection pursuant to Section 12-3.4 or 12-30 of
    the Criminal Code of 1961, by having knowingly violated:
            (i) remedies described in paragraphs (1), (2),
        (3), (14), or (14.5) of subsection (b) of Section 214
        of this Act; or
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14), and (14.5) of subsection (b) of Section 214
        of this Act, in a valid order of protection which is
        authorized under the laws of another state, tribe, or
        United States territory; or
            (iii) any other remedy when the act constitutes a
        crime against the protected parties as defined by the
        Criminal Code of 1961.
        Prosecution for a violation of an order of protection
    shall not bar concurrent prosecution for any other crime,
    including any crime that may have been committed at the
    time of the violation of the order of protection; or
        (2) The respondent commits the crime of child abduction
    pursuant to Section 10-5 of the Criminal Code of 1961, by
    having knowingly violated:
            (i) remedies described in paragraphs (5), (6) or
        (8) of subsection (b) of Section 214 of this Act; or
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (5), (6), or
        (8) of subsection (b) of Section 214 of this Act, in a
        valid order of protection which is authorized under the
        laws of another state, tribe, or United States
        territory.
    (b) When violation is contempt of court. A violation of any
valid Illinois order of protection, whether issued in a civil
or criminal proceeding, may be enforced through civil or
criminal contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the order of protection were committed, to the extent
consistent with the venue provisions of this Act. Nothing in
this Act shall preclude any Illinois court from enforcing any
valid order of protection issued in another state. Illinois
courts may enforce orders of protection through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
        (1) In a contempt proceeding where the petition for a
    rule to show cause sets forth facts evidencing an immediate
    danger that the respondent will flee the jurisdiction,
    conceal a child, or inflict physical abuse on the
    petitioner or minor children or on dependent adults in
    petitioner's care, the court may order the attachment of
    the respondent without prior service of the rule to show
    cause or the petition for a rule to show cause. Bond shall
    be set unless specifically denied in writing.
        (2) A petition for a rule to show cause for violation
    of an order of protection shall be treated as an expedited
    proceeding.
    (c) Violation of custody or support orders. A violation of
remedies described in paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 214 of this Act may be enforced by
any remedy provided by Section 611 of the Illinois Marriage and
Dissolution of Marriage Act. The court may enforce any order
for support issued under paragraph (12) of subsection (b) of
Section 214 in the manner provided for under Parts V and VII of
the Illinois Marriage and Dissolution of Marriage Act.
    (d) Actual knowledge. An order of protection may be
enforced pursuant to this Section if the respondent violates
the order after the respondent has actual knowledge of its
contents as shown through one of the following means:
        (1) By service, delivery, or notice under Section 210.
        (2) By notice under Section 210.1 or 211.
        (3) By service of an order of protection under Section
    222.
        (4) By other means demonstrating actual knowledge of
    the contents of the order.
    (e) The enforcement of an order of protection in civil or
criminal court shall not be affected by either of the
following:
        (1) The existence of a separate, correlative order,
    entered under Section 215.
        (2) Any finding or order entered in a conjoined
    criminal proceeding.
    (f) Circumstances. The court, when determining whether or
not a violation of an order of protection has occurred, shall
not require physical manifestations of abuse on the person of
the victim.
    (g) Penalties.
        (1) Except as provided in paragraph (3) of this
    subsection, where the court finds the commission of a crime
    or contempt of court under subsections (a) or (b) of this
    Section, the penalty shall be the penalty that generally
    applies in such criminal or contempt proceedings, and may
    include one or more of the following: incarceration,
    payment of restitution, a fine, payment of attorneys' fees
    and costs, or community service.
        (2) The court shall hear and take into account evidence
    of any factors in aggravation or mitigation before deciding
    an appropriate penalty under paragraph (1) of this
    subsection.
        (3) To the extent permitted by law, the court is
    encouraged to:
            (i) increase the penalty for the knowing violation
        of any order of protection over any penalty previously
        imposed by any court for respondent's violation of any
        order of protection or penal statute involving
        petitioner as victim and respondent as defendant;
            (ii) impose a minimum penalty of 24 hours
        imprisonment for respondent's first violation of any
        order of protection; and
            (iii) impose a minimum penalty of 48 hours
        imprisonment for respondent's second or subsequent
        violation of an order of protection
    unless the court explicitly finds that an increased penalty
    or that period of imprisonment would be manifestly unjust.
        (4) In addition to any other penalties imposed for a
    violation of an order of protection, a criminal court may
    consider evidence of any violations of an order of
    protection:
            (i) to increase, revoke or modify the bail bond on
        an underlying criminal charge pursuant to Section
        110-6 of the Code of Criminal Procedure of 1963;
            (ii) to revoke or modify an order of probation,
        conditional discharge or supervision, pursuant to
        Section 5-6-4 of the Unified Code of Corrections;
            (iii) to revoke or modify a sentence of periodic
        imprisonment, pursuant to Section 5-7-2 of the Unified
        Code of Corrections.
        (5) In addition to any other penalties, the court shall
    impose an additional fine of $20 as authorized by Section
    5-9-1.11 of the Unified Code of Corrections upon any person
    convicted of or placed on supervision for a violation of an
    order of protection. The additional fine shall be imposed
    for each violation of this Section.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    (750 ILCS 60/301)  (from Ch. 40, par. 2313-1)
    Sec. 301. Arrest without warrant.
    (a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to violation of an order of protection, under
Section 12-3.4 or 12-30 of the Criminal Code of 1961, even if
the crime was not committed in the presence of the officer.
    (b) The law enforcement officer may verify the existence of
an order of protection by telephone or radio communication with
his or her law enforcement agency or by referring to the copy
of the order provided by the petitioner or respondent.
    (c) Any law enforcement officer may make an arrest without
warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision (d)(1)
or (d)(2) of Section 110-10 of the Code of Criminal Procedure
of 1963 has violated a condition of his or her bail bond or
recognizance.
(Source: P.A. 88-624, eff. 1-1-95.)
 
    Section 995. The Probate Act of 1975 is amended by changing
Sections 2-6.2 and 2-6.6 as follows:
 
    (755 ILCS 5/2-6.2)
    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
    (a) In this Section:
    "Abuse" means any offense described in Section 12-21 or
subsection (b) of Section 12-4.4a of the Criminal Code of 1961.
    "Financial exploitation" means any offense described in
Section 16-1.3 of the Criminal Code of 1961.
    "Neglect" means any offense described in Section 12-19 or
subsection (a) of Section 12-4.4a of the Criminal Code of 1961.
    (b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability
shall not receive any property, benefit, or other interest by
reason of the death of that elderly person or person with a
disability, whether as heir, legatee, beneficiary, survivor,
appointee, claimant under Section 18-1.1, or in any other
capacity and whether the property, benefit, or other interest
passes pursuant to any form of title registration, testamentary
or nontestamentary instrument, intestacy, renunciation, or any
other circumstance. The property, benefit, or other interest
shall pass as if the person convicted of the financial
exploitation, abuse, or neglect died before the decedent,
provided that with respect to joint tenancy property the
interest possessed prior to the death by the person convicted
of the financial exploitation, abuse, or neglect shall not be
diminished by the application of this Section. Notwithstanding
the foregoing, a person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability shall be entitled to receive property, a benefit, or
an interest in any capacity and under any circumstances
described in this subsection (b) if it is demonstrated by clear
and convincing evidence that the victim of that offense knew of
the conviction and subsequent to the conviction expressed or
ratified his or her intent to transfer the property, benefit,
or interest to the person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability in any manner contemplated by this subsection (b).
    (c) (1) The holder of any property subject to the
    provisions of this Section shall not be liable for
    distributing or releasing the property to the person
    convicted of financial exploitation, abuse, or neglect of
    an elderly person or a person with a disability if the
    distribution or release occurs prior to the conviction.
        (2) If the holder is a financial institution, trust
    company, trustee, or similar entity or person, the holder
    shall not be liable for any distribution or release of the
    property, benefit, or other interest to the person
    convicted of a violation of Section 12-19, 12-21, or
    16-1.3, or subsection (a) or (b) of Section 12-4.4a, of the
    Criminal Code of 1961 unless the holder knowingly
    distributes or releases the property, benefit, or other
    interest to the person so convicted after first having
    received actual written notice of the conviction in
    sufficient time to act upon the notice.
    (d) If the holder of any property subject to the provisions
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability within the scope
of this Section, the holder shall fully cooperate with law
enforcement authorities and judicial officers in connection
with any investigation of the financial exploitation, abuse, or
neglect. If the holder is a person or entity that is subject to
regulation by a regulatory agency pursuant to the laws of this
or any other state or pursuant to the laws of the United
States, including but not limited to the business of a
financial institution, corporate fiduciary, or insurance
company, then such person or entity shall not be deemed to be
in violation of this Section to the extent that privacy laws
and regulations applicable to such person or entity prevent it
from voluntarily providing law enforcement authorities or
judicial officers with information.
(Source: P.A. 95-315, eff. 1-1-08.)
 
    (755 ILCS 5/2-6.6)
    Sec. 2-6.6. Person convicted of certain offenses against
the elderly or disabled. A person who is convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
or (b) of Section 12-4.4a, of the Criminal Code of 1961 may not
receive any property, benefit, or other interest by reason of
the death of the victim of that offense, whether as heir,
legatee, beneficiary, joint tenant, tenant by the entirety,
survivor, appointee, or in any other capacity and whether the
property, benefit, or other interest passes pursuant to any
form of title registration, testamentary or nontestamentary
instrument, intestacy, renunciation, or any other
circumstance. The property, benefit, or other interest shall
pass as if the person convicted of a violation of Section
12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section
12-4.4a, of the Criminal Code of 1961 died before the decedent;
provided that with respect to joint tenancy property or
property held in tenancy by the entirety, the interest
possessed prior to the death by the person convicted may not be
diminished by the application of this Section. Notwithstanding
the foregoing, a person convicted of a violation of Section
12-19, 12-21, or 16-1.3, or subsection (a) or (b) of Section
12-4.4a, of the Criminal Code of 1961 shall be entitled to
receive property, a benefit, or an interest in any capacity and
under any circumstances described in this Section if it is
demonstrated by clear and convincing evidence that the victim
of that offense knew of the conviction and subsequent to the
conviction expressed or ratified his or her intent to transfer
the property, benefit, or interest to the person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
or (b) of Section 12-4.4a, of the Criminal Code of 1961 in any
manner contemplated by this Section.
    The holder of any property subject to the provisions of
this Section is not liable for distributing or releasing the
property to the person convicted of violating Section 12-19,
12-21, or 16-1.3, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961.
    If the holder is a financial institution, trust company,
trustee, or similar entity or person, the holder shall not be
liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or subsection (a)
or (b) of Section 12-4.4a, of the Criminal Code of 1961 unless
the holder knowingly distributes or releases the property,
benefit, or other interest to the person so convicted after
first having received actual written notice of the conviction
in sufficient time to act upon the notice.
    The Department of State Police shall have access to State
of Illinois databases containing information that may help in
the identification or location of persons convicted of the
offenses enumerated in this Section. Interagency agreements
shall be implemented, consistent with security and procedures
established by the State agency and consistent with the laws
governing the confidentiality of the information in the
databases. Information shall be used only for administration of
this Section.
(Source: P.A. 93-301, eff. 1-1-04.)
 
Article 2.

 
    Section 5. The Criminal Code of 1961 is amended by adding
the headings of Subdivisions 1, 5, 10, 15, 20, and 25 of
Article 11, by adding Article 36.5, by adding Sections 11-0.1,
11-9.1A, 11-14.3, and 11-14.4, by changing Sections 11-6,
11-6.5, 11-9.1, 11-9.2, 11-9.3, 11-9.5, 11-11, 11-14, 11-14.1,
11-18, 11-18.1, 11-20, 11-20.1, 11-20.2, 11-21, 11-23, and
11-24, and by renumbering and changing Sections 11-7, 11-8,
11-9, 11-12, 11-20.3, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12-17, 12-18, and 12-18.1 as follows:
 
    (720 ILCS 5/Art. 11 Subdiv. 1 heading new)
SUBDIVISION 1. GENERAL DEFINITIONS

 
    (720 ILCS 5/11-0.1 new)
    Sec. 11-0.1. Definitions. In this Article, unless the
context clearly requires otherwise, the following terms are
defined as indicated:
    "Accused" means a person accused of an offense prohibited
by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
this Code or a person for whose conduct the accused is legally
responsible under Article 5 of this Code.
    "Adult obscenity or child pornography Internet site". See
Section 11-23.
    "Advance prostitution" means:
        (1) Soliciting for a prostitute by performing any of
    the following acts when acting other than as a prostitute
    or a patron of a prostitute:
            (A) Soliciting another for the purpose of
        prostitution.
            (B) Arranging or offering to arrange a meeting of
        persons for the purpose of prostitution.
            (C) Directing another to a place knowing the
        direction is for the purpose of prostitution.
        (2) Keeping a place of prostitution by controlling or
    exercising control over the use of any place that could
    offer seclusion or shelter for the practice of prostitution
    and performing any of the following acts when acting other
    than as a prostitute or a patron of a prostitute:
            (A) Knowingly granting or permitting the use of the
        place for the purpose of prostitution.
            (B) Granting or permitting the use of the place
        under circumstances from which he or she could
        reasonably know that the place is used or is to be used
        for purposes of prostitution.
            (C) Permitting the continued use of the place after
        becoming aware of facts or circumstances from which he
        or she should reasonably know that the place is being
        used for purposes of prostitution.
    "Agency". See Section 11-9.5.
    "Arranges". See Section 11-6.5.
    "Bodily harm" means physical harm, and includes, but is not
limited to, sexually transmitted disease, pregnancy, and
impotence.
    "Care and custody". See Section 11-9.5.
    "Child care institution". See Section 11-9.3.
    "Child pornography". See Section 11-20.1.
    "Child sex offender". See Section 11-9.3.
    "Community agency". See Section 11-9.5.
    "Conditional release". See Section 11-9.2.
    "Consent". See Section 11-1.70.
    "Custody". See Section 11-9.2.
    "Day care center". See Section 11-9.3.
    "Depict by computer". See Section 11-20.1.
    "Depiction by computer". See Section 11-20.1.
    "Disseminate". See Section 11-20.1.
    "Distribute". See Section 11-21.
    "Family member" means a parent, grandparent, child, aunt,
uncle, great-aunt, or great-uncle, whether by whole blood,
half-blood, or adoption, and includes a step-grandparent,
step-parent, or step-child. "Family member" also means, if the
victim is a child under 18 years of age, an accused who has
resided in the household with the child continuously for at
least 6 months.
    "Force or threat of force" means the use of force or
violence or the threat of force or violence, including, but not
limited to, the following situations:
        (1) when the accused threatens to use force or violence
    on the victim or on any other person, and the victim under
    the circumstances reasonably believes that the accused has
    the ability to execute that threat; or
        (2) when the accused overcomes the victim by use of
    superior strength or size, physical restraint, or physical
    confinement.
    "Harmful to minors". See Section 11-21.
    "Loiter". See Section 9.3.
    "Material". See Section 11-21.
    "Minor". See Section 11-21.
    "Nudity". See Section 11-21.
    "Obscene". See Section 11-20.
    "Part day child care facility". See Section 11-9.3.
    "Penal system". See Section 11-9.2.
    "Person responsible for the child's welfare". See Section
11-9.1A.
    "Person with a disability". See Section 11-9.5.
    "Playground". See Section 11-9.3.
    "Probation officer". See Section 11-9.2.
    "Produce". See Section 11-20.1.
    "Profit from prostitution" means, when acting other than as
a prostitute, to receive anything of value for personally
rendered prostitution services or to receive anything of value
from a prostitute, if the thing received is not for lawful
consideration and the person knows it was earned in whole or in
part from the practice of prostitution.
    "Public park". See Section 11-9.3.
    "Public place". See Section 11-30.
    "Reproduce". See Section 11-20.1.
    "Sado-masochistic abuse". See Section 11-21.
    "School". See Section 11-9.3.
    "School official". See Section 11-9.3.
    "Sexual abuse". See Section 11-9.1A.
    "Sexual act". See Section 11-9.1.
    "Sexual conduct" means any knowing touching or fondling by
the victim or the accused, either directly or through clothing,
of the sex organs, anus, or breast of the victim or the
accused, or any part of the body of a child under 13 years of
age, or any transfer or transmission of semen by the accused
upon any part of the clothed or unclothed body of the victim,
for the purpose of sexual gratification or arousal of the
victim or the accused.
    "Sexual excitement". See Section 11-21.
    "Sexual penetration" means any contact, however slight,
between the sex organ or anus of one person and an object or
the sex organ, mouth, or anus of another person, or any
intrusion, however slight, of any part of the body of one
person or of any animal or object into the sex organ or anus of
another person, including, but not limited to, cunnilingus,
fellatio, or anal penetration. Evidence of emission of semen is
not required to prove sexual penetration.
    "Solicit". See Section 11-6.
    "State-operated facility". See Section 11-9.5.
    "Supervising officer". See Section 11-9.2.
    "Surveillance agent". See Section 11-9.2.
    "Treatment and detention facility". See Section 11-9.2.
    "Victim" means a person alleging to have been subjected to
an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of this Code.
 
    (720 ILCS 5/Art. 11 Subdiv. 5 heading new)
SUBDIVISION 5. MAJOR SEX OFFENSES

 
    (720 ILCS 5/11-1.10)   (was 720 ILCS 5/12-18)
    Sec. 11-1.10. 12-18. General provisions concerning
offenses described in Sections 11-1.20 through 11-1.60.
Provisions.
    (a) No person accused of violating Section 11-1.20,
11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14,
12-15 or 12-16 of this Code shall be presumed to be incapable
of committing an offense prohibited by Section 11-1.20,
11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13, 12-14,
12-14.1, 12-15 or 12-16 of this Code because of age, physical
condition or relationship to the victim, except as otherwise
provided in subsection (c) of this Section. Nothing in this
Section shall be construed to modify or abrogate the
affirmative defense of infancy under Section 6-1 of this Code
or the provisions of Section 5-805 of the Juvenile Court Act of
1987.
    (b) Any medical examination or procedure which is conducted
by a physician, nurse, medical or hospital personnel, parent,
or caretaker for purposes and in a manner consistent with
reasonable medical standards is not an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 Sections 12-13,
12-14, 12-14.1, 12-15 and 12-16 of this Code.
    (c) (Blank).
    (d) (Blank).
    (e) After a finding at a preliminary hearing that there is
probable cause to believe that an accused has committed a
violation of Section 11-1.20, 11-1.30, or 11-1.40 12-13, 12-14,
or 12-14.1 of this Code, or after an indictment is returned
charging an accused with a violation of Section 11-1.20,
11-1.30, or 11-1.40 12-13, 12-14, or 12-14.1 of this Code, or
after a finding that a defendant charged with a violation of
Section 11-1.20, 11-1.30, or 11-1.40 12-13, 12-14, or 12-14.1
of this Code is unfit to stand trial pursuant to Section 104-16
of the Code of Criminal Procedure of 1963 where the finding is
made prior to preliminary hearing, at the request of the person
who was the victim of the violation of Section 11-1.20,
11-1.30, or 11-1.40 12-13, 12-14, or 12-14.1, the prosecuting
State's attorney shall seek an order from the court to compel
the accused to be tested within 48 hours for any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV). The medical tests shall be
performed only by appropriately licensed medical
practitioners. The test for infection with human
immunodeficiency virus (HIV) shall consist of an enzyme-linked
immunosorbent assay (ELISA) test, or such other test as may be
approved by the Illinois Department of Public Health; in the
event of a positive result, the Western Blot Assay or a more
reliable confirmatory test shall be administered. The results
of the tests and any follow-up tests shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
victim, to the defendant, to the State's Attorney, and to the
judge who entered the order, for the judge's inspection in
camera. The judge shall provide to the victim a referral to the
Illinois Department of Public Health HIV/AIDS toll-free
hotline for counseling and information in connection with the
test result. Acting in accordance with the best interests of
the victim and the public, the judge shall have the discretion
to determine to whom, if anyone, the result of the testing may
be revealed; however, in no case shall the identity of the
victim be disclosed. The court shall order that the cost of the
tests shall be paid by the county, and shall be taxed as costs
against the accused if convicted.
    (f) Whenever any law enforcement officer has reasonable
cause to believe that a person has been delivered a controlled
substance without his or her consent, the law enforcement
officer shall advise the victim about seeking medical treatment
and preserving evidence.
    (g) Every hospital providing emergency hospital services
to an alleged sexual assault survivor, when there is reasonable
cause to believe that a person has been delivered a controlled
substance without his or her consent, shall designate personnel
to provide:
        (1) An explanation to the victim about the nature and
    effects of commonly used controlled substances and how such
    controlled substances are administered.
        (2) An offer to the victim of testing for the presence
    of such controlled substances.
        (3) A disclosure to the victim that all controlled
    substances or alcohol ingested by the victim will be
    disclosed by the test.
        (4) A statement that the test is completely voluntary.
        (5) A form for written authorization for sample
    analysis of all controlled substances and alcohol ingested
    by the victim.
    A physician licensed to practice medicine in all its
branches may agree to be a designated person under this
subsection.
    No sample analysis may be performed unless the victim
returns a signed written authorization within 30 days after the
sample was collected.
    Any medical treatment or care under this subsection shall
be only in accordance with the order of a physician licensed to
practice medicine in all of its branches. Any testing under
this subsection shall be only in accordance with the order of a
licensed individual authorized to order the testing.
(Source: P.A. 94-397, eff. 1-1-06; 95-926, eff. 8-26-08.)
 
    (720 ILCS 5/11-1.20)    (was 720 ILCS 5/12-13)
    Sec. 11-1.20. 12-13. Criminal Sexual Assault.
    (a) A person commits criminal sexual assault if that person
commits an act of sexual penetration and:
        (1) uses force or threat of force;
        (2) knows that the victim is unable to understand the
    nature of the act or is unable to give knowing consent;
        (3) is a family member of the victim, and the victim is
    under 18 years of age; or
        (4) is 17 years of age or over and holds a position of
    trust, authority, or supervision in relation to the victim,
    and the victim is at least 13 years of age but under 18
    years of age. The accused commits criminal sexual assault
    if he or she:
        (1) commits an act of sexual penetration by the use of
    force or threat of force; or
        (2) commits an act of sexual penetration and the
    accused knew that the victim was unable to understand the
    nature of the act or was unable to give knowing consent; or
        (3) commits an act of sexual penetration with a victim
    who was under 18 years of age when the act was committed
    and the accused was a family member; or
        (4) commits an act of sexual penetration with a victim
    who was at least 13 years of age but under 18 years of age
    when the act was committed and the accused was 17 years of
    age or over and held a position of trust, authority or
    supervision in relation to the victim.
    (b) Sentence.
        (1) Criminal sexual assault is a Class 1 felony, except
    that: .
            (A) (2) A person who is convicted of the offense of
        criminal sexual assault as defined in paragraph (a)(1)
        or (a)(2) after having previously been convicted of the
        offense of criminal sexual assault or the offense of
        exploitation of a child, or who is convicted of the
        offense of criminal sexual assault as defined in
        paragraph (a)(1) or (a)(2) after having previously
        been convicted under the laws of this State or any
        other state of an offense that is substantially
        equivalent to the offense of criminal sexual assault or
        to the offense of exploitation of a child, commits a
        Class X felony for which the person shall be sentenced
        to a term of imprisonment of not less than 30 years and
        not more than 60 years. The commission of the second or
        subsequent offense is required to have been after the
        initial conviction for this paragraph (A) (2) to apply.
            (B) (3) A person who is convicted of the offense of
        criminal sexual assault as defined in paragraph (a)(1)
        or (a)(2) after having previously been convicted of the
        offense of aggravated criminal sexual assault or the
        offense of predatory criminal sexual assault of a
        child, or who is convicted of the offense of criminal
        sexual assault as defined in paragraph (a)(1) or (a)(2)
        after having previously been convicted under the laws
        of this State or any other state of an offense that is
        substantially equivalent to the offense of aggravated
        criminal sexual assault or the offense of criminal
        predatory criminal sexual assault of a child shall be
        sentenced to a term of natural life imprisonment. The
        commission of the second or subsequent offense is
        required to have been after the initial conviction for
        this paragraph (B) (3) to apply.
            (C) (4) A second or subsequent conviction for a
        violation of paragraph (a)(3) or (a)(4) or under any
        similar statute of this State or any other state for
        any offense involving criminal sexual assault that is
        substantially equivalent to or more serious than the
        sexual assault prohibited under paragraph (a)(3) or
        (a)(4) is a Class X felony.
        (5) When a person has any such prior conviction, the
    information or indictment charging that person shall state
    such prior conviction so as to give notice of the State's
    intention to treat the charge as a Class X felony. The fact
    of such prior conviction is not an element of the offense
    and may not be disclosed to the jury during trial unless
    otherwise permitted by issues properly raised during such
    trial.
(Source: P.A. 95-640, eff. 6-1-08.)
 
    (720 ILCS 5/11-1.30)   (was 720 ILCS 5/12-14)
    Sec. 11-1.30 12-14. Aggravated Criminal Sexual Assault.
    (a) A person commits aggravated criminal sexual assault if
that person commits criminal sexual assault and any of the
following aggravating circumstances exist during the
commission of the offense or, for purposes of paragraph (7),
occur as part of the same course of conduct as the commission
of the offense:
        (1) the person displays, threatens to use, or uses a
    dangerous weapon, other than a firearm, or any other object
    fashioned or used in a manner that leads the victim, under
    the circumstances, reasonably to believe that the object is
    a dangerous weapon;
        (2) the person causes bodily harm to the victim, except
    as provided in paragraph (10);
        (3) the person acts in a manner that threatens or
    endangers the life of the victim or any other person;
        (4) the person commits the criminal sexual assault
    during the course of committing or attempting to commit any
    other felony;
        (5) the victim is 60 years of age or older;
        (6) the victim is a physically handicapped person;
        (7) the person delivers (by injection, inhalation,
    ingestion, transfer of possession, or any other means) any
    controlled substance to the victim without the victim's
    consent or by threat or deception for other than medical
    purposes;
        (8) the person is armed with a firearm;
        (9) the person personally discharges a firearm during
    the commission of the offense; or
        (10) the person personally discharges a firearm during
    the commission of the offense, and that discharge
    proximately causes great bodily harm, permanent
    disability, permanent disfigurement, or death to another
    person. The accused commits aggravated criminal sexual
    assault if he or she commits criminal sexual assault and
    any of the following aggravating circumstances existed
    during, or for the purposes of paragraph (7) of this
    subsection (a) as part of the same course of conduct as,
    the commission of the offense:
        (1) the accused displayed, threatened to use, or used a
    dangerous weapon, other than a firearm, or any object
    fashioned or utilized in such a manner as to lead the
    victim under the circumstances reasonably to believe it to
    be a dangerous weapon; or
        (2) the accused caused bodily harm, except as provided
    in subsection (a)(10), to the victim; or
        (3) the accused acted in such a manner as to threaten
    or endanger the life of the victim or any other person; or
        (4) the criminal sexual assault was perpetrated during
    the course of the commission or attempted commission of any
    other felony by the accused; or
        (5) the victim was 60 years of age or over when the
    offense was committed; or
        (6) the victim was a physically handicapped person; or
        (7) the accused delivered (by injection, inhalation,
    ingestion, transfer of possession, or any other means) to
    the victim without his or her consent, or by threat or
    deception, and for other than medical purposes, any
    controlled substance; or
        (8) the accused was armed with a firearm; or
        (9) the accused personally discharged a firearm during
    the commission of the offense; or
        (10) the accused, during the commission of the offense,
    personally discharged a firearm that proximately caused
    great bodily harm, permanent disability, permanent
    disfigurement, or death to another person.
    (b) A person The accused commits aggravated criminal sexual
assault if that person is the accused was under 17 years of age
and: (i) commits an act of sexual penetration with a victim who
is was under 9 years of age when the act was committed; or (ii)
commits an act of sexual penetration with a victim who is was
at least 9 years of age but under 13 years of age when the act
was committed and the person uses accused used force or threat
of force to commit the act.
    (c) A person The accused commits aggravated criminal sexual
assault if that person he or she commits an act of sexual
penetration with a victim who is was a severely or profoundly
mentally retarded person at the time the act was committed.
    (d) Sentence.
        (1) Aggravated criminal sexual assault in violation of
    paragraph (2), (3), (4), (5), (6), or (7) of subsection (a)
    or in violation of subsection (b) or (c) is a Class X
    felony. A violation of subsection (a)(1) is a Class X
    felony for which 10 years shall be added to the term of
    imprisonment imposed by the court. A violation of
    subsection (a)(8) is a Class X felony for which 15 years
    shall be added to the term of imprisonment imposed by the
    court. A violation of subsection (a)(9) is a Class X felony
    for which 20 years shall be added to the term of
    imprisonment imposed by the court. A violation of
    subsection (a)(10) is a Class X felony for which 25 years
    or up to a term of natural life imprisonment shall be added
    to the term of imprisonment imposed by the court.
        (2) A person who is convicted of a second or subsequent
    offense of aggravated criminal sexual assault, or who is
    convicted of the offense of aggravated criminal sexual
    assault after having previously been convicted of the
    offense of criminal sexual assault or the offense of
    predatory criminal sexual assault of a child, or who is
    convicted of the offense of aggravated criminal sexual
    assault after having previously been convicted under the
    laws of this or any other state of an offense that is
    substantially equivalent to the offense of criminal sexual
    assault, the offense of aggravated criminal sexual assault
    or the offense of predatory criminal sexual assault of a
    child, shall be sentenced to a term of natural life
    imprisonment. The commission of the second or subsequent
    offense is required to have been after the initial
    conviction for this paragraph (2) to apply.
(Source: P.A. 91-404, eff. 1-1-00; 92-434, eff. 1-1-02; 92-502,
eff. 12-19-01; 92-721, eff. 1-1-03.)
 
    (720 ILCS 5/11-1.40)   (was 720 ILCS 5/12-14.1)
    Sec. 11-1.40 12-14.1. Predatory criminal sexual assault of
a child.
    (a) A person commits predatory criminal sexual assault of a
child if that person commits an act of sexual penetration, is
17 years of age or older, and:
        (1) the victim is under 13 years of age; or
        (2) the victim is under 13 years of age and that
    person:
            (A) is armed with a firearm;
            (B) personally discharges a firearm during the
        commission of the offense;
            (C) causes great bodily harm to the victim that:
                (i) results in permanent disability; or
                (ii) is life threatening; or
            (D) delivers (by injection, inhalation, ingestion,
        transfer of possession, or any other means) any
        controlled substance to the victim without the
        victim's consent or by threat or deception, for other
        than medical purposes. The accused commits predatory
        criminal sexual assault of a child if:
        (1) the accused was 17 years of age or over and commits
    an act of sexual penetration with a victim who was under 13
    years of age when the act was committed; or
        (1.1) the accused was 17 years of age or over and,
    while armed with a firearm, commits an act of sexual
    penetration with a victim who was under 13 years of age
    when the act was committed; or
        (1.2) the accused was 17 years of age or over and
    commits an act of sexual penetration with a victim who was
    under 13 years of age when the act was committed and,
    during the commission of the offense, the accused
    personally discharged a firearm; or
        (2) the accused was 17 years of age or over and commits
    an act of sexual penetration with a victim who was under 13
    years of age when the act was committed and the accused
    caused great bodily harm to the victim that:
            (A) resulted in permanent disability; or
            (B) was life threatening; or
        (3) the accused was 17 years of age or over and commits
    an act of sexual penetration with a victim who was under 13
    years of age when the act was committed and the accused
    delivered (by injection, inhalation, ingestion, transfer
    of possession, or any other means) to the victim without
    his or her consent, or by threat or deception, and for
    other than medical purposes, any controlled substance.
    (b) Sentence.
        (1) A person convicted of a violation of subsection
    (a)(1) commits a Class X felony, for which the person shall
    be sentenced to a term of imprisonment of not less than 6
    years and not more than 60 years. A person convicted of a
    violation of subsection (a)(2)(A) (a)(1.1) commits a Class
    X felony for which 15 years shall be added to the term of
    imprisonment imposed by the court. A person convicted of a
    violation of subsection (a)(2)(B) (a)(1.2) commits a Class
    X felony for which 20 years shall be added to the term of
    imprisonment imposed by the court. A person convicted of a
    violation of subsection (a)(2)(C) (a)(2) commits a Class X
    felony for which the person shall be sentenced to a term of
    imprisonment of not less than 50 years or up to a term of
    natural life imprisonment.
        (1.1) A person convicted of a violation of subsection
    (a)(2)(D) (a)(3) commits a Class X felony for which the
    person shall be sentenced to a term of imprisonment of not
    less than 50 years and not more than 60 years.
        (1.2) A person convicted of predatory criminal sexual
    assault of a child committed against 2 or more persons
    regardless of whether the offenses occurred as the result
    of the same act or of several related or unrelated acts
    shall be sentenced to a term of natural life imprisonment.
        (2) A person who is convicted of a second or subsequent
    offense of predatory criminal sexual assault of a child, or
    who is convicted of the offense of predatory criminal
    sexual assault of a child after having previously been
    convicted of the offense of criminal sexual assault or the
    offense of aggravated criminal sexual assault, or who is
    convicted of the offense of predatory criminal sexual
    assault of a child after having previously been convicted
    under the laws of this State or any other state of an
    offense that is substantially equivalent to the offense of
    predatory criminal sexual assault of a child, the offense
    of aggravated criminal sexual assault or the offense of
    criminal sexual assault, shall be sentenced to a term of
    natural life imprisonment. The commission of the second or
    subsequent offense is required to have been after the
    initial conviction for this paragraph (2) to apply.
(Source: P.A. 95-640, eff. 6-1-08.)
 
    (720 ILCS 5/11-1.50)   (was 720 ILCS 5/12-15)
    Sec. 11-1.50 12-15. Criminal sexual abuse.
    (a) A person The accused commits criminal sexual abuse if
that person he or she:
        (1) commits an act of sexual conduct by the use of
    force or threat of force; or
        (2) commits an act of sexual conduct and knows the
    accused knew that the victim is was unable to understand
    the nature of the act or is was unable to give knowing
    consent.
    (b) A person The accused commits criminal sexual abuse if
that person is the accused was under 17 years of age and
commits an act of sexual penetration or sexual conduct with a
victim who is was at least 9 years of age but under 17 years of
age when the act was committed.
    (c) A person The accused commits criminal sexual abuse if
that person he or she commits an act of sexual penetration or
sexual conduct with a victim who is was at least 13 years of
age but under 17 years of age and the person is accused was
less than 5 years older than the victim.
    (d) Sentence. Criminal sexual abuse for a violation of
subsection (b) or (c) of this Section is a Class A misdemeanor.
Criminal sexual abuse for a violation of paragraph (1) or (2)
of subsection (a) of this Section is a Class 4 felony. A second
or subsequent conviction for a violation of subsection (a) of
this Section is a Class 2 felony. For purposes of this Section
it is a second or subsequent conviction if the accused has at
any time been convicted under this Section or under any similar
statute of this State or any other state for any offense
involving sexual abuse or sexual assault that is substantially
equivalent to or more serious than the sexual abuse prohibited
under this Section.
(Source: P.A. 91-389, eff. 1-1-00.)
 
    (720 ILCS 5/11-1.60)   (was 720 ILCS 5/12-16)
    Sec. 11-1.60 12-16. Aggravated Criminal Sexual Abuse.
    (a) A person commits aggravated criminal sexual abuse if
that person commits criminal sexual abuse and any of the
following aggravating circumstances exist (i) during the
commission of the offense or (ii) for purposes of paragraph
(7), as part of the same course of conduct as the commission of
the offense:
        (1) the person displays, threatens to use, or uses a
    dangerous weapon or any other object fashioned or used in a
    manner that leads the victim, under the circumstances,
    reasonably to believe that the object is a dangerous
    weapon;
        (2) the person causes bodily harm to the victim;
        (3) the victim is 60 years of age or older;
        (4) the victim is a physically handicapped person;
        (5) the person acts in a manner that threatens or
    endangers the life of the victim or any other person;
        (6) the person commits the criminal sexual abuse during
    the course of committing or attempting to commit any other
    felony; or
        (7) the person delivers (by injection, inhalation,
    ingestion, transfer of possession, or any other means) any
    controlled substance to the victim for other than medical
    purposes without the victim's consent or by threat or
    deception. The accused commits aggravated criminal sexual
    abuse if he or she commits criminal sexual abuse as defined
    in subsection (a) of Section 12-15 of this Code and any of
    the following aggravating circumstances existed during, or
    for the purposes of paragraph (7) of this subsection (a) as
    part of the same course of conduct as, the commission of
    the offense:
        (1) the accused displayed, threatened to use or used a
    dangerous weapon or any object fashioned or utilized in
    such a manner as to lead the victim under the circumstances
    reasonably to believe it to be a dangerous weapon; or
        (2) the accused caused bodily harm to the victim; or
        (3) the victim was 60 years of age or over when the
    offense was committed; or
        (4) the victim was a physically handicapped person; or
        (5) the accused acted in such a manner as to threaten
    or endanger the life of the victim or any other person; or
        (6) the criminal sexual abuse was perpetrated during
    the course of the commission or attempted commission of any
    other felony by the accused; or
        (7) the accused delivered (by injection, inhalation,
    ingestion, transfer of possession, or any other means) to
    the victim without his or her consent, or by threat or
    deception, and for other than medical purposes, any
    controlled substance.
    (b) A person The accused commits aggravated criminal sexual
abuse if that person he or she commits an act of sexual conduct
with a victim who is was under 18 years of age when the act was
committed and the person is accused was a family member.
    (c) A person The accused commits aggravated criminal sexual
abuse if:
        (1) that person is the accused was 17 years of age or
    over and: (i) commits an act of sexual conduct with a
    victim who is was under 13 years of age when the act was
    committed; or (ii) commits an act of sexual conduct with a
    victim who is was at least 13 years of age but under 17
    years of age when the act was committed and the person uses
    accused used force or threat of force to commit the act; or
        (2) that person is the accused was under 17 years of
    age and: (i) commits an act of sexual conduct with a victim
    who is was under 9 years of age when the act was committed;
    or (ii) commits an act of sexual conduct with a victim who
    is was at least 9 years of age but under 17 years of age
    when the act was committed and the person uses accused used
    force or threat of force to commit the act.
    (d) A person The accused commits aggravated criminal sexual
abuse if that person he or she commits an act of sexual
penetration or sexual conduct with a victim who is was at least
13 years of age but under 17 years of age and the person is
accused was at least 5 years older than the victim.
    (e) A person The accused commits aggravated criminal sexual
abuse if that person he or she commits an act of sexual conduct
with a victim who is was a severely or profoundly mentally
retarded person at the time the act was committed.
    (f) A person The accused commits aggravated criminal sexual
abuse if that person he or she commits an act of sexual conduct
with a victim who is was at least 13 years of age but under 18
years of age when the act was committed and the person is
accused was 17 years of age or over and holds held a position
of trust, authority, or supervision in relation to the victim.
    (g) Sentence. Aggravated criminal sexual abuse is a Class 2
felony.
(Source: P.A. 92-434, eff. 1-1-02.)
 
    (720 ILCS 5/11-1.70)  (was 720 ILCS 5/12-17)
    Sec. 11-1.70 12-17. Defenses with respect to offenses
described in Sections 11-1.20 through 11-1.60.
    (a) It shall be a defense to any offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 12-13 through
12-16 of this Code where force or threat of force is an element
of the offense that the victim consented. "Consent" means a
freely given agreement to the act of sexual penetration or
sexual conduct in question. Lack of verbal or physical
resistance or submission by the victim resulting from the use
of force or threat of force by the accused shall not constitute
consent. The manner of dress of the victim at the time of the
offense shall not constitute consent.
    (b) It shall be a defense under subsection (b) and
subsection (c) of Section 11-1.50 12-15 and subsection (d) of
Section 11-1.60 12-16 of this Code that the accused reasonably
believed the person to be 17 years of age or over.
    (c) A person who initially consents to sexual penetration
or sexual conduct is not deemed to have consented to any sexual
penetration or sexual conduct that occurs after he or she
withdraws consent during the course of that sexual penetration
or sexual conduct.
(Source: P.A. 93-389, eff. 7-25-03.)
 
    (720 ILCS 5/11-1.80)  (was 720 ILCS 5/12-18.1)
    Sec. 11-1.80 12-18.1. Civil Liability.
    (a) If any person has been convicted of any offense defined
in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15, or 12-16 of this Act, a victim of such
offense has a cause of action for damages against any person or
entity who, by the manufacture, production, or wholesale
distribution of any obscene material which was possessed or
viewed by the person convicted of the offense, proximately
caused such person, through his or her reading or viewing of
the obscene material, to commit the violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, or 12-16. No victim may recover in any such
action unless he or she proves by a preponderance of the
evidence that: (1) the reading or viewing of the specific
obscene material manufactured, produced, or distributed
wholesale by the defendant proximately caused the person
convicted of the violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 to commit such violation and (2) the defendant knew or
had reason to know that the manufacture, production, or
wholesale distribution of such material was likely to cause a
violation of an offense substantially of the type enumerated.
    (b) The manufacturer, producer or wholesale distributor
shall be liable to the victim for:
    (1) actual damages incurred by the victim, including
medical costs;
    (2) court costs and reasonable attorneys fees;
    (3) infliction of emotional distress;
    (4) pain and suffering; and
    (5) loss of consortium.
    (c) Every action under this Section shall be commenced
within 3 years after the conviction of the defendant for a
violation of Section 11-1.20, 11-1.30, 11-1.50, 11-1.60,
12-13, 12-14, 12-15 or 12-16 of this Code. However, if the
victim was under the age of 18 years at the time of the
conviction of the defendant for a violation of Section 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1,
12-15 or 12-16 of this Code, an action under this Section shall
be commenced within 3 years after the victim attains the age of
18 years.
    (d) For the purposes of this Section:
    (1) "obscene" has the meaning ascribed to it in subsection
(b) of Section 11-20 of this Code;
    (2) "wholesale distributor" means any individual,
partnership, corporation, association, or other legal entity
which stands between the manufacturer and the retail seller in
purchases, consignments, contracts for sale or rental of the
obscene material;
    (3) "producer" means any individual, partnership,
corporation, association, or other legal entity which finances
or supervises, to any extent, the production or making of
obscene material;
    (4) "manufacturer" means any individual, partnership,
corporation, association, or other legal entity which
manufacturers, assembles or produces obscene material.
(Source: P.A. 86-857.)
 
    (720 ILCS 5/11-6)  (from Ch. 38, par. 11-6)
    Sec. 11-6. Indecent solicitation of a child.
    (a) A person of the age of 17 years and upwards commits the
offense of indecent solicitation of a child if the person, with
the intent that the offense of aggravated criminal sexual
assault, criminal sexual assault, predatory criminal sexual
assault of a child, or aggravated criminal sexual abuse be
committed, knowingly solicits a child or one whom he or she
believes to be a child to perform an act of sexual penetration
or sexual conduct as defined in Section 11-0.1 12-12 of this
Code.
    (a-5) A person of the age of 17 years and upwards commits
the offense of indecent solicitation of a child if the person
knowingly discusses an act of sexual conduct or sexual
penetration with a child or with one whom he or she believes to
be a child by means of the Internet with the intent that the
offense of aggravated criminal sexual assault, predatory
criminal sexual assault of a child, or aggravated criminal
sexual abuse be committed.
    (a-6) It is not a defense to subsection (a-5) that the
person did not solicit the child to perform sexual conduct or
sexual penetration with the person.
    (b) Definitions. As used in this Section:
        "Solicit" means to command, authorize, urge, incite,
    request, or advise another to perform an act by any means
    including, but not limited to, in person, over the phone,
    in writing, by computer, or by advertisement of any kind.
        "Child" means a person under 17 years of age.
        "Internet" has the meaning set forth in Section 16J-5
    of this Code means an interactive computer service or
    system or an information service, system, or access
    software provider that provides or enables computer access
    by multiple users to a computer server, and includes, but
    is not limited to, an information service, system, or
    access software provider that provides access to a network
    system commonly known as the Internet, or any comparable
    system or service and also includes, but is not limited to,
    a World Wide Web page, newsgroup, message board, mailing
    list, or chat area on any interactive computer service or
    system or other online service.
        "Sexual penetration" or "sexual conduct" are defined
    in Section 11-0.1 12-12 of this Code.
    (c) Sentence. Indecent solicitation of a child under
subsection (a) is:
        (1) a Class 1 felony when the act, if done, would be
    predatory criminal sexual assault of a child or aggravated
    criminal sexual assault;
        (2) a Class 2 felony when the act, if done, would be
    criminal sexual assault;
        (3) a Class 3 felony when the act, if done, would be
    aggravated criminal sexual abuse.
    Indecent solicitation of a child under subsection (a-5) is
a Class 4 felony.
(Source: P.A. 95-143, eff. 1-1-08.)
 
    (720 ILCS 5/11-6.5)
    Sec. 11-6.5. Indecent solicitation of an adult.
    (a) A person commits indecent solicitation of an adult if
the person knowingly:
        (1) Arranges for a person 17 years of age or over to
    commit an act of sexual penetration as defined in Section
    11-0.1 12-12 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or over but under the
        age of 17 years; or
        (2) Arranges for a person 17 years of age or over to
    commit an act of sexual conduct as defined in Section
    11-0.1 12-12 with a person:
            (i) Under the age of 13 years; or
            (ii) Thirteen years of age or older but under the
        age of 17 years.
    (b) Sentence.
        (1) Violation of paragraph (a)(1)(i) is a Class X
    felony.
        (2) Violation of paragraph (a)(1)(ii) is a Class 1
    felony.
        (3) Violation of paragraph (a)(2)(i) is a Class 2
    felony.
        (4) Violation of paragraph (a)(2)(ii) is a Class A
    misdemeanor.
    (c) For the purposes of this Section, "arranges" includes
but is not limited to oral or written communication and
communication by telephone, computer, or other electronic
means. "Computer" has the meaning ascribed to it in Section
16D-2 of this Code.
(Source: P.A. 88-165; 89-203, eff. 7-21-95.)
 
    (720 ILCS 5/Art. 11 Subdiv. 10 heading new)
SUBDIVISION 10. VULNERABLE VICTIM OFFENSES

 
    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
    Sec. 11-9.1. Sexual exploitation of a child.
    (a) A Any person commits sexual exploitation of a child if
in the presence or virtual presence, or both, of a child and
with intent or knowledge that a child or one whom he or she
believes to be a child would view his or her acts, that person:
        (1) engages in a sexual act; or
        (2) exposes his or her sex organs, anus or breast for
    the purpose of sexual arousal or gratification of such
    person or the child or one whom he or she believes to be a
    child.
    (a-5) A person commits sexual exploitation of a child who
knowingly entices, coerces, or persuades a child to remove the
child's clothing for the purpose of sexual arousal or
gratification of the person or the child, or both.
    (b) Definitions. As used in this Section:
    "Sexual act" means masturbation, sexual conduct or sexual
penetration as defined in Section 11-0.1 12-12 of this Code.
    "Sex offense" means any violation of Article 11 of this
Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15,
12-16, or 12-16.2 of this Code.
    "Child" means a person under 17 years of age.
    "Virtual presence" means an environment that is created
with software and presented to the user and or receiver via the
Internet, in such a way that the user appears in front of the
receiver on the computer monitor or screen or hand held
portable electronic device, usually through a web camming
program. "Virtual presence" includes primarily experiencing
through sight or sound, or both, a video image that can be
explored interactively at a personal computer or hand held
communication device, or both.
    "Webcam" means a video capturing device connected to a
computer or computer network that is designed to take digital
photographs or live or recorded video which allows for the live
transmission to an end user over the Internet.
    (c) Sentence.
        (1) Sexual exploitation of a child is a Class A
    misdemeanor. A second or subsequent violation of this
    Section or a substantially similar law of another state is
    a Class 4 felony.
        (2) Sexual exploitation of a child is a Class 4 felony
    if the person has been previously convicted of a sex
    offense.
        (3) Sexual exploitation of a child is a Class 4 felony
    if the victim was under 13 years of age at the time of the
    commission of the offense.
        (4) Sexual exploitation of a child is a Class 4 felony
    if committed by a person 18 years of age or older who is on
    or within 500 feet of elementary or secondary school
    grounds when children are present on the grounds.
(Source: P.A. 96-1090, eff. 1-1-11; 96-1098, eff. 1-1-11;
revised 9-16-10.)
 
    (720 ILCS 5/11-9.1A new)
    Sec. 11-9.1A. Permitting sexual abuse of a child.
    (a) A person responsible for a child's welfare commits
permitting sexual abuse of a child if the person has actual
knowledge of and permits an act of sexual abuse upon the child,
or permits the child to engage in prostitution as defined in
Section 11-14 of the Criminal Code of 1961.
    (b) In this Section:
    "Actual knowledge" includes credible allegations made by
the child.
    "Child" means a minor under the age of 17 years.
    "Person responsible for the child's welfare" means the
child's parent, step-parent, legal guardian, or other person
having custody of a child, who is responsible for the child's
care at the time of the alleged sexual abuse.
    "Prostitution" means prostitution as defined in Section
11-14 of the Criminal Code of 1961.
    "Sexual abuse" includes criminal sexual abuse or criminal
sexual assault as defined in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, or 11-1.60 of the Criminal Code of 1961.
    (c) This Section does not apply to a person responsible for
the child's welfare who, having reason to believe that sexual
abuse has occurred, makes timely and reasonable efforts to stop
the sexual abuse by reporting the sexual abuse in conformance
with the Abused and Neglected Child Reporting Act or by
reporting the sexual abuse, or causing a report to be made, to
medical or law enforcement authorities or anyone who is a
mandated reporter under Section 4 of the Abused and Neglected
Child Reporting Act.
    (d) Whenever a law enforcement officer has reason to
believe that the child or the person responsible for the
child's welfare has been abused by a family or household member
as defined by the Illinois Domestic Violence Act of 1986, the
officer shall immediately use all reasonable means to prevent
further abuse under Section 112A-30 of the Code of Criminal
Procedure of 1963.
    (e) An order of protection under Section 111-8 of the Code
of Criminal Procedure of 1963 shall be sought in all cases
where there is reason to believe that a child has been sexually
abused by a family or household member. In considering
appropriate available remedies, it shall be presumed that
awarding physical care or custody to the abuser is not in the
child's best interest.
    (f) A person may not be charged with the offense of
permitting sexual abuse of a child under this Section until the
person who committed the offense is charged with criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse,
aggravated criminal sexual abuse, or prostitution.
    (g) A person convicted of permitting the sexual abuse of a
child is guilty of a Class 1 felony. As a condition of any
sentence of supervision, probation, conditional discharge, or
mandatory supervised release, any person convicted under this
Section shall be ordered to undergo child sexual abuse,
domestic violence, or other appropriate counseling for a
specified duration with a qualified social or mental health
worker.
    (h) It is an affirmative defense to a charge of permitting
sexual abuse of a child under this Section that the person
responsible for the child's welfare had a reasonable
apprehension that timely action to stop the abuse or
prostitution 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.
 
    (720 ILCS 5/11-9.2)
    Sec. 11-9.2. Custodial sexual misconduct.
    (a) A person commits the offense of custodial sexual
misconduct when: (1) he or she is an employee of a penal system
and engages in sexual conduct or sexual penetration with a
person who is in the custody of that penal system or (2) he or
she is an employee of a treatment and detention facility and
engages in sexual conduct or sexual penetration with a person
who is in the custody of that treatment and detention facility.
    (b) A probation or supervising officer or surveillance
agent commits the offense of custodial sexual misconduct when
the probation or supervising officer or surveillance agent
engages in sexual conduct or sexual penetration with a
probationer, parolee, or releasee or person serving a term of
conditional release who is under the supervisory,
disciplinary, or custodial authority of the officer or agent so
engaging in the sexual conduct or sexual penetration.
    (c) Custodial sexual misconduct is a Class 3 felony.
    (d) Any person convicted of violating this Section
immediately shall forfeit his or her employment with a penal
system, treatment and detention facility, or conditional
release program.
    (e) For purposes of this Section, the consent of the
probationer, parolee, releasee, or inmate in custody of the
penal system or person detained or civilly committed under the
Sexually Violent Persons Commitment Act shall not be a defense
to a prosecution under this Section. A person is deemed
incapable of consent, for purposes of this Section, when he or
she is a probationer, parolee, releasee, or inmate in custody
of a penal system or person detained or civilly committed under
the Sexually Violent Persons Commitment Act.
    (f) This Section does not apply to:
        (1) Any employee, probation or supervising officer, or
    surveillance agent who is lawfully married to a person in
    custody if the marriage occurred before the date of
    custody.
        (2) Any employee, probation or supervising officer, or
    surveillance agent who has no knowledge, and would have no
    reason to believe, that the person with whom he or she
    engaged in custodial sexual misconduct was a person in
    custody.
    (g) In this Section:
        (1) "Custody" means:
            (i) pretrial incarceration or detention;
            (ii) incarceration or detention under a sentence
        or commitment to a State or local penal institution;
            (iii) parole or mandatory supervised release;
            (iv) electronic home detention;
            (v) probation;
            (vi) detention or civil commitment either in
        secure care or in the community under the Sexually
        Violent Persons Commitment Act.
        (2) "Penal system" means any system which includes
    institutions as defined in Section 2-14 of this Code or a
    county shelter care or detention home established under
    Section 1 of the County Shelter Care and Detention Home
    Act.
        (2.1) "Treatment and detention facility" means any
    Department of Human Services facility established for the
    detention or civil commitment of persons under the Sexually
    Violent Persons Commitment Act.
        (2.2) "Conditional release" means a program of
    treatment and services, vocational services, and alcohol
    or other drug abuse treatment provided to any person
    civilly committed and conditionally released to the
    community under the Sexually Violent Persons Commitment
    Act;
        (3) "Employee" means:
            (i) an employee of any governmental agency of this
        State or any county or municipal corporation that has
        by statute, ordinance, or court order the
        responsibility for the care, control, or supervision
        of pretrial or sentenced persons in a penal system or
        persons detained or civilly committed under the
        Sexually Violent Persons Commitment Act;
            (ii) a contractual employee of a penal system as
        defined in paragraph (g)(2) of this Section who works
        in a penal institution as defined in Section 2-14 of
        this Code;
            (iii) a contractual employee of a "treatment and
        detention facility" as defined in paragraph (g)(2.1)
        of this Code or a contractual employee of the
        Department of Human Services who provides supervision
        of persons serving a term of conditional release as
        defined in paragraph (g)(2.2) of this Code.
        (4) "Sexual conduct" or "sexual penetration" means any
    act of sexual conduct or sexual penetration as defined in
    Section 11-0.1 12-12 of this Code.
        (5) "Probation officer" means any person employed in a
    probation or court services department as defined in
    Section 9b of the Probation and Probation Officers Act.
        (6) "Supervising officer" means any person employed to
    supervise persons placed on parole or mandatory supervised
    release with the duties described in Section 3-14-2 of the
    Unified Code of Corrections.
        (7) "Surveillance agent" means any person employed or
    contracted to supervise persons placed on conditional
    release in the community under the Sexually Violent Persons
    Commitment Act.
(Source: P.A. 92-415, eff. 8-17-01.)
 
    (720 ILCS 5/11-9.3)
    Sec. 11-9.3. Presence within school zone by child sex
offenders prohibited; approaching, contacting, residing with,
or communicating with a child within certain places by child
sex offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be
present in any school building, on real property comprising any
school, or in any conveyance owned, leased, or contracted by a
school to transport students to or from school or a school
related activity when persons under the age of 18 are present
in the building, on the grounds or in the conveyance, unless
the offender is a parent or guardian of a student attending the
school and the parent or guardian is: (i) attending a
conference at the school with school personnel to discuss the
progress of his or her child academically or socially, (ii)
participating in child review conferences in which evaluation
and placement decisions may be made with respect to his or her
child regarding special education services, or (iii) attending
conferences to discuss other student issues concerning his or
her child such as retention and promotion and notifies the
principal of the school of his or her presence at the school or
unless the offender has permission to be present from the
superintendent or the school board or in the case of a private
school from the principal. In the case of a public school, if
permission is granted, the superintendent or school board
president must inform the principal of the school where the sex
offender will be present. Notification includes the nature of
the sex offender's visit and the hours in which the sex
offender will be present in the school. The sex offender is
responsible for notifying the principal's office when he or she
arrives on school property and when he or she departs from
school property. If the sex offender is to be present in the
vicinity of children, the sex offender has the duty to remain
under the direct supervision of a school official. A child sex
offender who violates this provision is guilty of a Class 4
felony.
    (a-5) It is unlawful for a child sex offender to knowingly
be present within 100 feet of a site posted as a pick-up or
discharge stop for a conveyance owned, leased, or contracted by
a school to transport students to or from school or a school
related activity when one or more persons under the age of 18
are present at the site.
    (a-10) It is unlawful for a child sex offender to knowingly
be present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly
loiter within 500 feet of a school building or real property
comprising any school while persons under the age of 18 are
present in the building or on the grounds, unless the offender
is a parent or guardian of a student attending the school and
the parent or guardian is: (i) attending a conference at the
school with school personnel to discuss the progress of his or
her child academically or socially, (ii) participating in child
review conferences in which evaluation and placement decisions
may be made with respect to his or her child regarding special
education services, or (iii) attending conferences to discuss
other student issues concerning his or her child such as
retention and promotion and notifies the principal of the
school of his or her presence at the school or has permission
to be present from the superintendent or the school board or in
the case of a private school from the principal. In the case of
a public school, if permission is granted, the superintendent
or school board president must inform the principal of the
school where the sex offender will be present. Notification
includes the nature of the sex offender's visit and the hours
in which the sex offender will be present in the school. The
sex offender is responsible for notifying the principal's
office when he or she arrives on school property and when he or
she departs from school property. If the sex offender is to be
present in the vicinity of children, the sex offender has the
duty to remain under the direct supervision of a school
official. A child sex offender who violates this provision is
guilty of a Class 4 felony.
    (b-2) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a school building or the real
property comprising any school that persons under the age of 18
attend. Nothing in this subsection (b-5) prohibits a child sex
offender from residing within 500 feet of a school building or
the real property comprising any school that persons under 18
attend if the property is owned by the child sex offender and
was purchased before the effective date of this amendatory Act
of the 91st General Assembly.
    (b-10) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, day care home,
group day care home, or a facility providing programs or
services exclusively directed toward persons under 18 years of
age. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a playground or a
facility providing programs or services exclusively directed
toward persons under 18 years of age if the property is owned
by the child sex offender and was purchased before July 7,
2000. Nothing in this subsection (b-10) prohibits a child sex
offender from residing within 500 feet of a child care
institution, day care center, or part day child care facility
if the property is owned by the child sex offender and was
purchased before June 26, 2006. Nothing in this subsection
(b-10) prohibits a child sex offender from residing within 500
feet of a day care home or group day care home if the property
is owned by the child sex offender and was purchased before
August 14, 2008 (the effective date of Public Act 95-821).
    (b-15) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-15) prohibits a child sex
offender from residing within 500 feet of the victim if the
property in which the child sex offender resides is owned by
the child sex offender and was purchased before August 22,
2002.
    This subsection (b-15) does not apply if the victim of the
sex offense is 21 years of age or older.
    (b-20) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed toward persons under
the age of 18; (ii) day care center; (iii) part day child care
facility; (iv) child care institution; (v) school providing
before and after school programs for children under 18 years of
age; (vi) day care home; or (vii) group day care home. This
does not prohibit a child sex offender from owning the real
property upon which the programs or services are offered or
upon which the day care center, part day child care facility,
child care institution, or school providing before and after
school programs for children under 18 years of age is located,
provided the child sex offender refrains from being present on
the premises for the hours during which: (1) the programs or
services are being offered or (2) the day care center, part day
child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age, day care home, or group day care home is
operated.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
    (c-6) It is unlawful for a child sex offender who owns and
resides at residential real estate to knowingly rent any
residential unit within the same building in which he or she
resides to a person who is the parent or guardian of a child or
children under 18 years of age. This subsection shall apply
only to leases or other rental arrangements entered into after
January 1, 2009 (the effective date of Public Act 95-820).
    (c-7) It is unlawful for a child sex offender to knowingly
offer or provide any programs or services to persons under 18
years of age in his or her residence or the residence of
another or in any facility for the purpose of offering or
providing such programs or services, whether such programs or
services are offered or provided by contract, agreement,
arrangement, or on a volunteer basis.
    (c-8) It is unlawful for a child sex offender to knowingly
operate, whether authorized to do so or not, any of the
following vehicles: (1) a vehicle which is specifically
designed, constructed or modified and equipped to be used for
the retail sale of food or beverages, including but not limited
to an ice cream truck; (2) an authorized emergency vehicle; or
(3) a rescue vehicle.
    (d) (c) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        substantially similar federal law or law of another
        state, with a sex offense set forth in paragraph (2) of
        this subsection (d) (c) or the attempt to commit an
        included sex offense, and:
                (A) is convicted of such offense or an attempt
            to commit such offense; or
                (B) is found not guilty by reason of insanity
            of such offense or an attempt to commit such
            offense; or
                (C) is found not guilty by reason of insanity
            pursuant to subsection (c) of Section 104-25 of the
            Code of Criminal Procedure of 1963 of such offense
            or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            subsection (a) of Section 104-25 of the Code of
            Criminal Procedure of 1963 for the alleged
            commission or attempted commission of such
            offense; or
                (E) is found not guilty by reason of insanity
            following a hearing conducted pursuant to a
            federal law or the law of another state
            substantially similar to subsection (c) of Section
            104-25 of the Code of Criminal Procedure of 1963 of
            such offense or of the attempted commission of such
            offense; or
                (F) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            a federal law or the law of another state
            substantially similar to subsection (a) of Section
            104-25 of the Code of Criminal Procedure of 1963
            for the alleged violation or attempted commission
            of such offense; or
            (ii) is certified as a sexually dangerous person
        pursuant to the Illinois Sexually Dangerous Persons
        Act, or any substantially similar federal law or the
        law of another state, when any conduct giving rise to
        such certification is committed or attempted against a
        person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2 of
        the Interstate Agreements on Sexually Dangerous
        Persons Act.
        Convictions that result from or are connected with the
    same act, or result from offenses committed at the same
    time, shall be counted for the purpose of this Section as
    one conviction. Any conviction set aside pursuant to law is
    not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961: 10-7 (aiding or abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-1.40 (predatory
        criminal sexual assault of a child), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9 (public indecency when
        committed in a school, on the real property comprising
        a school, or on a conveyance, owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity), 11-9.1 (sexual
        exploitation of a child), 11-14.4 (promoting juvenile
        prostitution), 11-15.1 (soliciting for a juvenile
        prostitute), 11-17.1 (keeping a place of juvenile
        prostitution), 11-18.1 (patronizing a juvenile
        prostitute), 11-19.1 (juvenile pimping), 11-19.2
        (exploitation of a child), 11-20.1 (child
        pornography), 11-20.1B 11-20.3 (aggravated child
        pornography), 11-21 (harmful material), 12-14.1
        (predatory criminal sexual assault of a child), 12-33
        (ritualized abuse of a child), 11-20 (obscenity) (when
        that offense was committed in any school, on real
        property comprising any school, in any conveyance
        owned, leased, or contracted by a school to transport
        students to or from school or a school related
        activity, or in a public park), 11-30 (public
        indecency) (when committed in a school, on real
        property comprising a school, in any conveyance owned,
        leased, or contracted by a school to transport students
        to or from school or a school related activity, or in a
        public park). An attempt to commit any of these
        offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 11-1.20 12-13 (criminal
        sexual assault), 11-1.30 12-14 (aggravated criminal
        sexual assault), 11-1.50 12-15 (criminal sexual
        abuse), 11-1.60 12-16 (aggravated criminal sexual
        abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in
        clause (2)(i) of subsection (d) (c) of this Section.
        (2.5) For the purposes of subsections subsection (b-5)
    and (b-10) only, a sex offense means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961:
            10-5(b)(10) (child luring), 10-7 (aiding or
        abetting child abduction under Section 10-5(b)(10)),
        11-1.40 (predatory criminal sexual assault of a
        child), 11-6 (indecent solicitation of a child),
        11-6.5 (indecent solicitation of an adult), 11-14.4
        (promoting juvenile prostitution), 11-15.1 (soliciting
        for a juvenile prostitute), 11-17.1 (keeping a place of
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-19.1 (juvenile pimping),
        11-19.2 (exploitation of a child), 11-20.1 (child
        pornography), 11-20.1B 11-20.3 (aggravated child
        pornography), 12-14.1 (predatory criminal sexual
        assault of a child), or 12-33 (ritualized abuse of a
        child). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 11-1.20 12-13 (criminal
        sexual assault), 11-1.30 12-14 (aggravated criminal
        sexual assault), 11-1.60 12-16 (aggravated criminal
        sexual abuse), and subsection (a) of Section 11-1.50
        12-15 (criminal sexual abuse). An attempt to commit any
        of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in this
        paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    law of another state that is substantially equivalent to
    any offense listed in paragraph (2) of subsection (d) (c)
    of this Section shall constitute a conviction for the
    purpose of this Section Article. A finding or adjudication
    as a sexually dangerous person under any federal law or law
    of another state that is substantially equivalent to the
    Sexually Dangerous Persons Act shall constitute an
    adjudication for the purposes of this Section.
        (4) "Authorized emergency vehicle", "rescue vehicle",
    and "vehicle" have the meanings ascribed to them in
    Sections 1-105, 1-171.8 and 1-217, respectively, of the
    Illinois Vehicle Code.
        (5) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (6) "Day care center" has the meaning ascribed to it in
    Section 2.09 of the Child Care Act of 1969.
        (7) "Day care home" has the meaning ascribed to it in
    Section 2.18 of the Child Care Act of 1969.
        (8) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (9) "Group day care home" has the meaning ascribed to
    it in Section 2.20 of the Child Care Act of 1969.
        (10) "Internet" has the meaning set forth in Section
    16J-5 of this Code.
        (4) "School" means a public or private pre-school,
    elementary, or secondary school.
        (11) (5) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle, or remaining in or around
        school or public park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle, or remaining in or around
        school or public park property, for the purpose of
        committing or attempting to commit a sex offense.
            (iii) Entering or remaining in a building in or
        around school property, other than the offender's
        residence.
        (12) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
        (13) "Playground" means a piece of land owned or
    controlled by a unit of local government that is designated
    by the unit of local government for use solely or primarily
    for children's recreation.
        (14) "Public park" includes a park, forest preserve, or
    conservation area under the jurisdiction of the State or a
    unit of local government.
        (15) "School" means a public or private preschool or
    elementary or secondary school.
        (16) (6) "School official" means the principal, a
    teacher, or any other certified employee of the school, the
    superintendent of schools or a member of the school board.
    (e) (c-5) For the purposes of this Section, the 500 feet
distance shall be measured from: (1) the edge of the property
of the school building or the real property comprising the
school that is closest to the edge of the property of the child
sex offender's residence or where he or she is loitering, and
(2) the edge of the property comprising the public park
building or the real property comprising the public park,
playground, child care institution, day care center, part day
child care facility, or facility providing programs or services
exclusively directed toward persons under 18 years of age, or a
victim of the sex offense who is under 21 years of age, to the
edge of the child sex offender's place of residence or place
where he or she is loitering.
    (f) (d) Sentence. A person who violates this Section is
guilty of a Class 4 felony.
(Source: P.A. 95-331, eff. 8-21-07; 95-440, eff. 8-27-07;
95-640, eff. 6-1-08; 95-819, eff. 1-1-09; 95-876, eff. 8-21-08;
96-328, eff. 8-11-09; 96-710, eff. 1-1-10.)
 
    (720 ILCS 5/11-9.5)
    Sec. 11-9.5. Sexual misconduct with a person with a
disability.
    (a) Definitions. As used in this Section:
        (1) "Person with a disability" means:
            (i) a person diagnosed with a developmental
        disability as defined in Section 1-106 of the Mental
        Health and Developmental Disabilities Code; or
            (ii) a person diagnosed with a mental illness as
        defined in Section 1-129 of the Mental Health and
        Developmental Disabilities Code.
        (2) "State-operated facility" means:
            (i) a developmental disability facility as defined
        in the Mental Health and Developmental Disabilities
        Code; or
            (ii) a mental health facility as defined in the
        Mental Health and Developmental Disabilities Code.
        (3) "Community agency" or "agency" means any community
    entity or program providing residential mental health or
    developmental disabilities services that is licensed,
    certified, or funded by the Department of Human Services
    and not licensed or certified by any other human service
    agency of the State such as the Departments of Public
    Health, Healthcare and Family Services, and Children and
    Family Services.
        (4) "Care and custody" means admission to a
    State-operated facility.
        (5) "Employee" means:
            (i) any person employed by the Illinois Department
        of Human Services;
            (ii) any person employed by a community agency
        providing services at the direction of the owner or
        operator of the agency on or off site; or
            (iii) any person who is a contractual employee or
        contractual agent of the Department of Human Services
        or the community agency. This includes but is not
        limited to payroll personnel, contractors,
        subcontractors, and volunteers.
        (6) "Sexual conduct" or "sexual penetration" means any
    act of sexual conduct or sexual penetration as defined in
    Section 11-0.1 12-12 of this Code.
    (b) A person commits the offense of sexual misconduct with
a person with a disability when:
        (1) he or she is an employee and knowingly engages in
    sexual conduct or sexual penetration with a person with a
    disability who is under the care and custody of the
    Department of Human Services at a State-operated facility;
    or
        (2) he or she is an employee of a community agency
    funded by the Department of Human Services and knowingly
    engages in sexual conduct or sexual penetration with a
    person with a disability who is in a residential program
    operated or supervised by a community agency.
    (c) For purposes of this Section, the consent of a person
with a disability in custody of the Department of Human
Services residing at a State-operated facility or receiving
services from a community agency shall not be a defense to a
prosecution under this Section. A person is deemed incapable of
consent, for purposes of this Section, when he or she is a
person with a disability and is receiving services at a
State-operated facility or is a person with a disability who is
in a residential program operated or supervised by a community
agency.
    (d) This Section does not apply to:
        (1) any State employee or any community agency employee
    who is lawfully married to a person with a disability in
    custody of the Department of Human Services or receiving
    services from a community agency if the marriage occurred
    before the date of custody or the initiation of services at
    a community agency; or
        (2) any State employee or community agency employee who
    has no knowledge, and would have no reason to believe, that
    the person with whom he or she engaged in sexual misconduct
    was a person with a disability in custody of the Department
    of Human Services or was receiving services from a
    community agency.
    (e) Sentence. Sexual misconduct with a person with a
disability is a Class 3 felony.
    (f) Any person convicted of violating this Section shall
immediately forfeit his or her employment with the State or the
community agency.
(Source: P.A. 94-1053, eff. 7-24-06.)
 
    (720 ILCS 5/11-11)  (from Ch. 38, par. 11-11)
    Sec. 11-11. Sexual Relations Within Families.
    (a) A person commits sexual relations within families if he
or she:
        (1) Commits an act of sexual penetration as defined in
    Section 11-0.1 12-12 of this Code; and
        (2) The person knows that he or she is related to the
    other person as follows: (i) Brother or sister, either of
    the whole blood or the half blood; or (ii) Father or
    mother, when the child, regardless of legitimacy and
    regardless of whether the child was of the whole blood or
    half-blood or was adopted, was 18 years of age or over when
    the act was committed; or (iii) Stepfather or stepmother,
    when the stepchild was 18 years of age or over when the act
    was committed; or (iv) Aunt or uncle, when the niece or
    nephew was 18 years of age or over when the act was
    committed; or (v) Great-aunt or great-uncle, when the
    grand-niece or grand-nephew was 18 years of age or over
    when the act was committed; or (vi) Grandparent or
    step-grandparent, when the grandchild or step-grandchild
    was 18 years of age or over when the act was committed.
    (b) Sentence. Sexual relations within families is a Class 3
felony.
(Source: P.A. 96-233, eff. 1-1-10.)
 
    (720 ILCS 5/Art. 11 Subdiv. 15 heading new)
SUBDIVISION 15. PROSTITUTION OFFENSES

 
    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
    Sec. 11-14. Prostitution.
    (a) Any person who knowingly performs, offers or agrees to
perform any act of sexual penetration as defined in Section
11-0.1 12-12 of this Code for any money, property, token,
object, or article or anything of value, or any touching or
fondling of the sex organs of one person by another person, for
any money, property, token, object, or article or anything of
value, for the purpose of sexual arousal or gratification
commits an act of prostitution.
    (b) Sentence.
    A violation of this Section is a Class A misdemeanor,
unless committed within 1,000 feet of real property comprising
a school, in which case it is a Class 4 felony. A second or
subsequent violation of this Section, or any combination of
convictions under this Section and Section 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-14.4 (promoting juvenile prostitution),
11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of juvenile
prostitution), 11-18 (patronizing a prostitute), 11-18.1
(patronizing a juvenile prostitute), 11-19 (pimping), 11-19.1
(juvenile pimping or aggravated juvenile pimping), or 11-19.2
(exploitation of a child), is a Class 4 felony. Prostitution is
a Class A misdemeanor. A person convicted of a second or
subsequent violation of this Section, or of any combination of
such number of convictions under this Section and Sections
11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code is guilty of a
Class 4 felony. When a person has one or more prior
convictions, the information or indictment charging that
person shall state such prior conviction so as to give notice
of the State's intention to treat the charge as a felony. The
fact of such prior conviction is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
    (c) First offender; felony prostitution.
        (1) Whenever any person who has not previously been
    convicted of or placed on probation for felony prostitution
    or any law of the United States or of any other state
    relating to felony prostitution pleads guilty to or is
    found guilty of felony prostitution, the court, without
    entering a judgment and with the consent of such person,
    may sentence the person to probation.
        (2) When a person is placed on probation, the court
    shall enter an order specifying a period of probation of 24
    months and shall defer further proceedings in the case
    until the conclusion of the period or until the filing of a
    petition alleging violation of a term or condition of
    probation.
        (3) The conditions of probation shall be that the
    person: (i) not violate any criminal statute of any
    jurisdiction; (ii) refrain from possessing a firearm or
    other dangerous weapon; (iii) submit to periodic drug
    testing at a time and in a manner as ordered by the court,
    but no less than 3 times during the period of the
    probation, with the cost of the testing to be paid by the
    probationer; and (iv) perform no less than 30 hours of
    community service, provided community service is available
    in the jurisdiction and is funded and approved by the
    county board.
        (4) The court may, in addition to other conditions,
    require that the person:
            (A) make a report to and appear in person before or
        participate with the court or such courts, person, or
        social service agency as directed by the court in the
        order of probation;
            (B) pay a fine and costs;
            (C) work or pursue a course of study or vocational
        training;
            (D) undergo medical or psychiatric treatment; or
        treatment or rehabilitation by a provider approved by
        the Illinois Department of Human Services;
            (E) attend or reside in a facility established for
        the instruction or residence of defendants on
        probation;
            (F) support his or her dependents;
            (G) refrain from having in his or her body the
        presence of any illicit drug prohibited by the Cannabis
        Control Act or the Illinois Controlled Substances Act,
        unless prescribed by a physician, and submit samples of
        his or her blood or urine or both for tests to
        determine the presence of any illicit drug.
        (5) Upon violation of a term or condition of probation,
    the court may enter a judgment on its original finding of
    guilt and proceed as otherwise provided.
        (6) Upon fulfillment of the terms and conditions of
    probation, the court shall discharge the person and dismiss
    the proceedings against him or her.
        (7) A disposition of probation is considered to be a
    conviction for the purposes of imposing the conditions of
    probation and for appeal, however, discharge and dismissal
    under this subsection is not a conviction for purposes of
    this Code or for purposes of disqualifications or
    disabilities imposed by law upon conviction of a crime.
        (8) There may be only one discharge and dismissal under
    this Section.
        (9) If a person is convicted of prostitution within 5
    years subsequent to a discharge and dismissal under this
    subsection, the discharge and dismissal under this
    subsection shall be admissible in the sentencing
    proceeding for that conviction as evidence in aggravation.
    A person who violates this Section within 1,000 feet of
    real property comprising a school commits a Class 4 felony.
    (d) Notwithstanding the foregoing, if it is determined,
after a reasonable detention for investigative purposes, that a
person suspected of or charged with a violation of this Section
is a person under the age of 18, that person shall be immune
from prosecution for a prostitution offense under this Section,
and shall be subject to the temporary protective custody
provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
1987. Pursuant to the provisions of Section 2-6 of the Juvenile
Court Act of 1987, a law enforcement officer who takes a person
under 18 years of age into custody under this Section shall
immediately report an allegation of a violation of Section 10-9
of this Code to the Illinois Department of Children and Family
Services State Central Register, which shall commence an
initial investigation into child abuse or child neglect within
24 hours pursuant to Section 7.4 of the Abused and Neglected
Child Reporting Act.
(Source: P.A. 96-1464, eff. 8-20-10.)
 
    (720 ILCS 5/11-14.1)
    Sec. 11-14.1. Solicitation of a sexual act.
    (a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
11-0.1 12-12 of this Code, or any touching or fondling of the
sex organs of one person by another person for the purpose of
sexual arousal or gratification, commits the offense of
solicitation of a sexual act.
    (b) Sentence. Solicitation of a sexual act is a Class A
misdemeanor. Solicitation of a sexual act from a person who is
under the age of 18 or who is severely or profoundly mentally
retarded is a Class 4 felony.
    (b-5) It is an affirmative defense to a charge of
solicitation of a sexual act with a person who is under the age
of 18 or who is severely or profoundly mentally retarded that
the accused reasonably believed the person was of the age of 18
years or over or was not a severely or profoundly mentally
retarded person at the time of the act giving rise to the
charge.
(Source: P.A. 96-1464, eff. 8-20-10.)
 
    (720 ILCS 5/11-14.3 new)
    Sec. 11-14.3. Promoting prostitution.
    (a) Any person who knowingly performs any of the following
acts commits promoting prostitution:
        (1) advances prostitution as defined in Section
    11-0.1;
        (2) profits from prostitution by:
            (A) compelling a person to become a prostitute;
            (B) arranging or offering to arrange a situation in
        which a person may practice prostitution; or
            (C) any means other than those described in
        subparagraph (A) or (B), including from a person who
        patronizes a prostitute. This paragraph (C) does not
        apply to a person engaged in prostitution who is under
        18 years of age. A person cannot be convicted of
        promoting prostitution under this paragraph (C) if the
        practice of prostitution underlying the offense
        consists exclusively of the accused's own acts of
        prostitution under Section 11-14 of this Code.
    (b) Sentence.
        (1) A violation of subdivision (a)(1) is a Class 4
    felony, unless committed within 1,000 feet of real property
    comprising a school, in which case it is a Class 3 felony.
    A second or subsequent violation of subdivision (a)(1), or
    any combination of convictions under subdivision (a)(1),
    (a)(2)(A), or (a)(2)(B) and Section 11-14 (prostitution),
    11-14.1 (solicitation of a sexual act), 11-14.4 (promoting
    juvenile prostitution), 11-15 (soliciting for a
    prostitute), 11-15.1 (soliciting for a juvenile
    prostitute), 11-16 (pandering), 11-17 (keeping a place of
    prostitution), 11-17.1 (keeping a place of juvenile
    prostitution), 11-18 (patronizing a prostitute), 11-18.1
    (patronizing a juvenile prostitute), 11-19 (pimping),
    11-19.1 (juvenile pimping or aggravated juvenile pimping),
    or 11-19.2 (exploitation of a child), is a Class 3 felony.
        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
    is a Class 4 felony, unless committed within 1,000 feet of
    real property comprising a school, in which case it is a
    Class 3 felony.
        (3) A violation of subdivision (a)(2)(C) is a Class 4
    felony, unless committed within 1,000 feet of real property
    comprising a school, in which case it is a Class 3 felony.
    A second or subsequent violation of subdivision (a)(2)(C),
    or any combination of convictions under subdivision
    (a)(2)(C) and subdivision (a)(1), (a)(2)(A), or (a)(2)(B)
    of this Section (promoting prostitution), 11-14
    (prostitution), 11-14.1 (solicitation of a sexual act),
    11-14.4 (promoting juvenile prostitution), 11-15
    (soliciting for a prostitute), 11-15.1 (soliciting for a
    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
    place of prostitution), 11-17.1 (keeping a place of
    juvenile prostitution), 11-18 (patronizing a prostitute),
    11-18.1 (patronizing a juvenile prostitute), 11-19
    (pimping), 11-19.1 (juvenile pimping or aggravated
    juvenile pimping), or 11-19.2 (exploitation of a child), is
    a Class 3 felony.
 
    (720 ILCS 5/11-14.4 new)
    Sec. 11-14.4. Promoting juvenile prostitution.
    (a) Any person who knowingly performs any of the following
acts commits promoting juvenile prostitution:
        (1) advances prostitution as defined in Section
    11-0.1, where the minor engaged in prostitution, or any
    person engaged in prostitution in the place, is under 18
    years of age or is severely or profoundly mentally retarded
    at the time of the offense;
        (2) profits from prostitution by any means where the
    prostituted person is under 18 years of age or is severely
    or profoundly mentally retarded at the time of the offense;
        (3) profits from prostitution by any means where the
    prostituted person is under 13 years of age at the time of
    the offense;
        (4) confines a child under the age of 18 or a severely
    or profoundly mentally retarded person against his or her
    will by the infliction or threat of imminent infliction of
    great bodily harm or permanent disability or disfigurement
    or by administering to the child or severely or profoundly
    mentally retarded person, without his or her consent or by
    threat or deception and for other than medical purposes,
    any alcoholic intoxicant or a drug as defined in the
    Illinois Controlled Substances Act or the Cannabis Control
    Act or methamphetamine as defined in the Methamphetamine
    Control and Community Protection Act and:
            (A) compels the child or severely or profoundly
        mentally retarded person to engage in prostitution;
            (B) arranges a situation in which the child or
        severely or profoundly mentally retarded person may
        practice prostitution; or
            (C) profits from prostitution by the child or
        severely or profoundly mentally retarded person.
    (b) For purposes of this Section, administering drugs, as
defined in subdivision (a)(4), or an alcoholic intoxicant to a
child under the age of 13 or a severely or profoundly mentally
retarded person shall be deemed to be without consent if the
administering is done without the consent of the parents or
legal guardian or if the administering is performed by the
parents or legal guardian for other than medical purposes.
    (c) If the accused did not have a reasonable opportunity to
observe the prostituted person, it is an affirmative defense to
a charge of promoting juvenile prostitution, except for a
charge under subdivision (a)(4), that the accused reasonably
believed the person was of the age of 18 years or over or was
not a severely or profoundly mentally retarded person at the
time of the act giving rise to the charge.
    (d) Sentence. A violation of subdivision (a)(1) is a Class
1 felony, unless committed within 1,000 feet of real property
comprising a school, in which case it is a Class X felony. A
violation of subdivision (a)(2) is a Class 1 felony. A
violation of subdivision (a)(3) is a Class X felony. A
violation of subdivision (a)(4) is a Class X felony, for which
the person shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 60 years. A second or
subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
or any combination of convictions under subdivision (a)(1),
(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-15 (soliciting for a prostitute), 11-15.1
(soliciting for a juvenile prostitute), 11-16 (pandering),
11-17 (keeping a place of prostitution), 11-17.1 (keeping a
place of juvenile prostitution), 11-18 (patronizing a
prostitute), 11-18.1 (patronizing a juvenile prostitute),
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child) of this
Code, is a Class X felony.
    (e) Forfeiture. Any person convicted of a violation of this
Section that involves promoting juvenile prostitution by
keeping a place of juvenile prostitution or convicted of a
violation of subdivision (a)(4) is subject to the property
forfeiture provisions set forth in Article 124B of the Code of
Criminal Procedure of 1963.
    (f) For the purposes of this Section, "prostituted person"
means any person who engages in, or agrees or offers to engage
in, any act of sexual penetration as defined in Section 11-0.1
of this Code for any money, property, token, object, or article
or anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification.
 
    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
    Sec. 11-18. Patronizing a prostitute.
    (a) Any person who knowingly performs any of the following
acts with a person not his or her spouse commits the offense of
patronizing a prostitute:
        (1) Engages in an act of sexual penetration as defined
    in Section 11-0.1 12-12 of this Code with a prostitute; or
        (2) Enters or remains in a place of prostitution with
    intent to engage in an act of sexual penetration as defined
    in Section 11-0.1 12-12 of this Code; or .
        (3) Engages in any touching or fondling with a
    prostitute of the sex organs of one person by the other
    person, with the intent to achieve sexual arousal or
    gratification.
    (b) Sentence.
    Patronizing a prostitute is a Class 4 felony, unless
committed within 1,000 feet of real property comprising a
school, in which case it is a Class 3 felony. A person
convicted of a second or subsequent violation of this Section,
or of any combination of such number of convictions under this
Section and Sections 11-14 (prostitution), 11-14.1
(solicitation of a sexual act), 11-14.3 (promoting
prostitution), 11-14.4 (promoting juvenile prostitution),
11-15 (soliciting for a prostitute), 11-15.1 (soliciting for a
juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
place of prostitution), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a juvenile prostitute),
11-19 (pimping), 11-19.1 (juvenile pimping or aggravated
juvenile pimping), or 11-19.2 (exploitation of a child) of this
Code, is guilty of a Class 3 felony. The fact of such
conviction is not an element of the offense and may not be
disclosed to the jury during trial unless otherwise permitted
by issues properly raised during such trial.
    (c) (Blank). A person who violates this Section within
1,000 feet of real property comprising a school commits a Class
3 felony.
(Source: P.A. 96-1464, eff. 8-20-10.)
 
    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
    (a) Any person who engages in an act of sexual penetration
as defined in Section 11-0.1 12-12 of this Code with a person
engaged in prostitution who is under 18 years of age or is a
severely or profoundly mentally retarded person commits the
offense of patronizing a minor engaged in prostitution.
    (a-5) Any person who engages in any touching or fondling,
with a person engaged in prostitution who either is under 18
years of age or is a severely or profoundly mentally retarded
person, of the sex organs of one person by the other person,
with the intent to achieve sexual arousal or gratification,
commits patronizing a minor engaged in prostitution.
    (b) It is an affirmative defense to the charge of
patronizing a minor engaged in prostitution that the accused
reasonably believed that the person was of the age of 18 years
or over or was not a severely or profoundly mentally retarded
person at the time of the act giving rise to the charge.
    (c) Sentence. A person who commits patronizing a juvenile
prostitute is guilty of a Class 3 felony, unless committed
within 1,000 feet of real property comprising a school, in
which case it is a Class 2 felony. A person convicted of a
second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section
and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
sexual act), 11-14.3 (promoting prostitution), 11-14.4
(promoting juvenile prostitution), 11-15 (soliciting for a
prostitute), 11-15.1 (soliciting for a juvenile prostitute),
11-16 (pandering), 11-17 (keeping a place of prostitution),
11-17.1 (keeping a place of juvenile prostitution), 11-18
(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
pimping or aggravated juvenile pimping), or 11-19.2
(exploitation of a child) of this Code, is guilty of a Class 2
felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial. A person who violates this Section within 1,000
feet of real property comprising a school commits a Class 2
felony.
(Source: P.A. 96-1464, eff. 8-20-10.)
 
    (720 ILCS 5/Art. 11 Subdiv. 20 heading new)
SUBDIVISION 20. PORNOGRAPHY OFFENSES

 
    (720 ILCS 5/11-20)  (from Ch. 38, par. 11-20)
    Sec. 11-20. Obscenity.
    (a) Elements of the Offense. A person commits obscenity
when, with knowledge of the nature or content thereof, or
recklessly failing to exercise reasonable inspection which
would have disclosed the nature or content thereof, he or she:
        (1) Sells, delivers or provides, or offers or agrees to
    sell, deliver or provide any obscene writing, picture,
    record or other representation or embodiment of the
    obscene; or
        (2) Presents or directs an obscene play, dance or other
    performance or participates directly in that portion
    thereof which makes it obscene; or
        (3) Publishes, exhibits or otherwise makes available
    anything obscene; or
        (4) Performs an obscene act or otherwise presents an
    obscene exhibition of his or her body for gain; or
        (5) Creates, buys, procures or possesses obscene
    matter or material with intent to disseminate it in
    violation of this Section, or of the penal laws or
    regulations of any other jurisdiction; or
        (6) Advertises or otherwise promotes the sale of
    material represented or held out by him or her to be
    obscene, whether or not it is obscene.
    (b) Obscene Defined.
    Any material or performance is obscene if: (1) the average
person, applying contemporary adult community standards, would
find that, taken as a whole, it appeals to the prurient
interest; and (2) the average person, applying contemporary
adult community standards, would find that it depicts or
describes, in a patently offensive way, ultimate sexual acts or
sadomasochistic sexual acts, whether normal or perverted,
actual or simulated, or masturbation, excretory functions or
lewd exhibition of the genitals; and (3) taken as a whole, it
lacks serious literary, artistic, political or scientific
value.
    (c) Interpretation of Evidence.
    Obscenity shall be judged with reference to ordinary
adults, except that it shall be judged with reference to
children or other specially susceptible audiences if it appears
from the character of the material or the circumstances of its
dissemination to be specially designed for or directed to such
an audience.
    Where circumstances of production, presentation, sale,
dissemination, distribution, or publicity indicate that
material is being commercially exploited for the sake of its
prurient appeal, such evidence is probative with respect to the
nature of the matter and can justify the conclusion that the
matter is lacking in serious literary, artistic, political or
scientific value.
    In any prosecution for an offense under this Section
evidence shall be admissible to show:
        (1) The character of the audience for which the
    material was designed or to which it was directed;
        (2) What the predominant appeal of the material would
    be for ordinary adults or a special audience, and what
    effect, if any, it would probably have on the behavior of
    such people;
        (3) The artistic, literary, scientific, educational or
    other merits of the material, or absence thereof;
        (4) The degree, if any, of public acceptance of the
    material in this State;
        (5) Appeal to prurient interest, or absence thereof, in
    advertising or other promotion of the material;
        (6) Purpose of the author, creator, publisher or
    disseminator.
    (d) Sentence.
    Obscenity is a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
    (e) Permissive Inference Prima Facie Evidence.
    The trier of fact may infer an intent to disseminate from
the creation, purchase, procurement or possession of a mold,
engraved plate or other embodiment of obscenity specially
adapted for reproducing multiple copies, or the possession of
more than 3 copies of obscene material shall be prima facie
evidence of an intent to disseminate.
    (f) Affirmative Defenses.
    It shall be an affirmative defense to obscenity that the
dissemination:
        (1) Was not for gain and was made to personal
    associates other than children under 18 years of age;
        (2) Was to institutions or individuals having
    scientific or other special justification for possession
    of such material.
    (g) Forfeiture of property. A person who has been convicted
previously of the offense of obscenity and who is convicted of
a second or subsequent offense of obscenity is subject to the
property forfeiture provisions set forth in Article 124B of the
Code of Criminal Procedure of 1963.
(Source: P.A. 96-712, eff. 1-1-10.)
 
    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
    Sec. 11-20.1. Child pornography.
    (a) A person commits the offense of child pornography who:
        (1) films, videotapes, photographs, or otherwise
    depicts or portrays by means of any similar visual medium
    or reproduction or depicts by computer any child whom he or
    she knows or reasonably should know to be under the age of
    18 and at least 13 years of age or any severely or
    profoundly mentally retarded person where such child or
    severely or profoundly mentally retarded person is:
            (i) actually or by simulation engaged in any act of
        sexual penetration or sexual conduct with any person or
        animal; or
            (ii) actually or by simulation engaged in any act
        of sexual penetration or sexual conduct involving the
        sex organs of the child or severely or profoundly
        mentally retarded person and the mouth, anus, or sex
        organs of another person or animal; or which involves
        the mouth, anus or sex organs of the child or severely
        or profoundly mentally retarded person and the sex
        organs of another person or animal; or
            (iii) actually or by simulation engaged in any act
        of masturbation; or
            (iv) actually or by simulation portrayed as being
        the object of, or otherwise engaged in, any act of lewd
        fondling, touching, or caressing involving another
        person or animal; or
            (v) actually or by simulation engaged in any act of
        excretion or urination within a sexual context; or
            (vi) actually or by simulation portrayed or
        depicted as bound, fettered, or subject to sadistic,
        masochistic, or sadomasochistic abuse in any sexual
        context; or
            (vii) depicted or portrayed in any pose, posture or
        setting involving a lewd exhibition of the unclothed or
        transparently clothed genitals, pubic area, buttocks,
        or, if such person is female, a fully or partially
        developed breast of the child or other person; or
        (2) with the knowledge of the nature or content
    thereof, reproduces, disseminates, offers to disseminate,
    exhibits or possesses with intent to disseminate any film,
    videotape, photograph or other similar visual reproduction
    or depiction by computer of any child or severely or
    profoundly mentally retarded person whom the person knows
    or reasonably should know to be under the age of 18 and at
    least 13 years of age or to be a severely or profoundly
    mentally retarded person, engaged in any activity
    described in subparagraphs (i) through (vii) of paragraph
    (1) of this subsection; or
        (3) with knowledge of the subject matter or theme
    thereof, produces any stage play, live performance, film,
    videotape or other similar visual portrayal or depiction by
    computer which includes a child whom the person knows or
    reasonably should know to be under the age of 18 and at
    least 13 years of age or a severely or profoundly mentally
    retarded person engaged in any activity described in
    subparagraphs (i) through (vii) of paragraph (1) of this
    subsection; or
        (4) solicits, uses, persuades, induces, entices, or
    coerces any child whom he or she knows or reasonably should
    know to be under the age of 18 and at least 13 years of age
    or a severely or profoundly mentally retarded person to
    appear in any stage play, live presentation, film,
    videotape, photograph or other similar visual reproduction
    or depiction by computer in which the child or severely or
    profoundly mentally retarded person is or will be depicted,
    actually or by simulation, in any act, pose or setting
    described in subparagraphs (i) through (vii) of paragraph
    (1) of this subsection; or
        (5) is a parent, step-parent, legal guardian or other
    person having care or custody of a child whom the person
    knows or reasonably should know to be under the age of 18
    and at least 13 years of age or a severely or profoundly
    mentally retarded person and who knowingly permits,
    induces, promotes, or arranges for such child or severely
    or profoundly mentally retarded person to appear in any
    stage play, live performance, film, videotape, photograph
    or other similar visual presentation, portrayal or
    simulation or depiction by computer of any act or activity
    described in subparagraphs (i) through (vii) of paragraph
    (1) of this subsection; or
        (6) with knowledge of the nature or content thereof,
    possesses any film, videotape, photograph or other similar
    visual reproduction or depiction by computer of any child
    or severely or profoundly mentally retarded person whom the
    person knows or reasonably should know to be under the age
    of 18 and at least 13 years of age or to be a severely or
    profoundly mentally retarded person, engaged in any
    activity described in subparagraphs (i) through (vii) of
    paragraph (1) of this subsection; or
        (7) solicits, or knowingly uses, persuades, induces,
    entices, or coerces, a person to provide a child under the
    age of 18 and at least 13 years of age or a severely or
    profoundly mentally retarded person to appear in any
    videotape, photograph, film, stage play, live
    presentation, or other similar visual reproduction or
    depiction by computer in which the child or severely or
    profoundly mentally retarded person will be depicted,
    actually or by simulation, in any act, pose, or setting
    described in subparagraphs (i) through (vii) of paragraph
    (1) of this subsection.
    (b) (1) It shall be an affirmative defense to a charge of
    child pornography that the defendant reasonably believed,
    under all of the circumstances, that the child was 18 years
    of age or older or that the person was not a severely or
    profoundly mentally retarded person but only where, prior
    to the act or acts giving rise to a prosecution under this
    Section, he or she took some affirmative action or made a
    bonafide inquiry designed to ascertain whether the child
    was 18 years of age or older or that the person was not a
    severely or profoundly mentally retarded person and his or
    her reliance upon the information so obtained was clearly
    reasonable.
        (2) (Blank).
        (3) The charge of child pornography shall not apply to
    the performance of official duties by law enforcement or
    prosecuting officers or persons employed by law
    enforcement or prosecuting agencies, court personnel or
    attorneys, nor to bonafide treatment or professional
    education programs conducted by licensed physicians,
    psychologists or social workers.
        (4) If Possession by the defendant possessed of more
    than one of the same film, videotape or visual reproduction
    or depiction by computer in which child pornography is
    depicted, then the trier of fact may infer shall raise a
    rebuttable presumption that the defendant possessed such
    materials with the intent to disseminate them.
        (5) The charge of child pornography does not apply to a
    person who does not voluntarily possess a film, videotape,
    or visual reproduction or depiction by computer in which
    child pornography is depicted. Possession is voluntary if
    the defendant knowingly procures or receives a film,
    videotape, or visual reproduction or depiction for a
    sufficient time to be able to terminate his or her
    possession.
        (6) Any violation of paragraph (1), (2), (3), (4), (5),
    or (7) of subsection (a) that includes a child engaged in,
    solicited for, depicted in, or posed in any act of sexual
    penetration or bound, fettered, or subject to sadistic,
    masochistic, or sadomasochistic abuse in a sexual context
    shall be deemed a crime of violence.
    (c) Violation of paragraph (1), (4), (5), or (7) of
subsection (a) is a Class 1 felony with a mandatory minimum
fine of $2,000 and a maximum fine of $100,000. Violation of
paragraph (3) of subsection (a) is a Class 1 felony with a
mandatory minimum fine of $1500 and a maximum fine of $100,000.
Violation of paragraph (2) of subsection (a) is a Class 1
felony with a mandatory minimum fine of $1000 and a maximum
fine of $100,000. Violation of paragraph (6) of subsection (a)
is a Class 3 felony with a mandatory minimum fine of $1000 and
a maximum fine of $100,000.
    (d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
    (e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 18 and at least 13 years of age or a severely
or profoundly mentally retarded person engaged in any activity
described in subparagraphs (i) through (vii) or paragraph 1 of
subsection (a), and any material or equipment used or intended
for use in photographing, filming, printing, producing,
reproducing, manufacturing, projecting, exhibiting, depiction
by computer, or disseminating such material shall be seized and
forfeited in the manner, method and procedure provided by
Section 36-1 of this Code for the seizure and forfeiture of
vessels, vehicles and aircraft.
    In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
    (e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
    (f) Definitions. For the purposes of this Section:
        (1) "Disseminate" means (i) to sell, distribute,
    exchange or transfer possession, whether with or without
    consideration or (ii) to make a depiction by computer
    available for distribution or downloading through the
    facilities of any telecommunications network or through
    any other means of transferring computer programs or data
    to a computer.
        (2) "Produce" means to direct, promote, advertise,
    publish, manufacture, issue, present or show.
        (3) "Reproduce" means to make a duplication or copy.
        (4) "Depict by computer" means to generate or create,
    or cause to be created or generated, a computer program or
    data that, after being processed by a computer either alone
    or in conjunction with one or more computer programs,
    results in a visual depiction on a computer monitor,
    screen, or display.
        (5) "Depiction by computer" means a computer program or
    data that, after being processed by a computer either alone
    or in conjunction with one or more computer programs,
    results in a visual depiction on a computer monitor,
    screen, or display.
        (6) "Computer", "computer program", and "data" have
    the meanings ascribed to them in Section 16D-2 of this
    Code.
        (7) For the purposes of this Section, "child
    pornography Child" includes a film, videotape, photograph,
    or other similar visual medium or reproduction or depiction
    by computer that is, or appears to be, that of a person,
    either in part, or in total, under the age of 18 and at
    least 13 years of age or a severely or profoundly mentally
    retarded person, regardless of the method by which the
    film, videotape, photograph, or other similar visual
    medium or reproduction or depiction by computer is created,
    adopted, or modified to appear as such. "Child pornography"
    also includes a film, videotape, photograph, or other
    similar visual medium or reproduction or depiction by
    computer that is advertised, promoted, presented,
    described, or distributed in such a manner that conveys the
    impression that the film, videotape, photograph, or other
    similar visual medium or reproduction or depiction by
    computer is of a person under the age of 18 and at least 13
    years of age or a severely or profoundly mentally retarded
    person.
        (8) "Sexual penetration" and "sexual conduct" have the
    meanings ascribed to them in Section 12-12 of this Code.
    (g) Re-enactment; findings; purposes.
        (1) The General Assembly finds and declares that:
            (i) Section 50-5 of Public Act 88-680, effective
        January 1, 1995, contained provisions amending the
        child pornography statute, Section 11-20.1 of the
        Criminal Code of 1961. Section 50-5 also contained
        other provisions.
            (ii) In addition, Public Act 88-680 was entitled
        "AN ACT to create a Safe Neighborhoods Law". (A)
        Article 5 was entitled JUVENILE JUSTICE and amended the
        Juvenile Court Act of 1987. (B) Article 15 was entitled
        GANGS and amended various provisions of the Criminal
        Code of 1961 and the Unified Code of Corrections. (C)
        Article 20 was entitled ALCOHOL ABUSE and amended
        various provisions of the Illinois Vehicle Code. (D)
        Article 25 was entitled DRUG ABUSE and amended the
        Cannabis Control Act and the Illinois Controlled
        Substances Act. (E) Article 30 was entitled FIREARMS
        and amended the Criminal Code of 1961 and the Code of
        Criminal Procedure of 1963. (F) Article 35 amended the
        Criminal Code of 1961, the Rights of Crime Victims and
        Witnesses Act, and the Unified Code of Corrections. (G)
        Article 40 amended the Criminal Code of 1961 to
        increase the penalty for compelling organization
        membership of persons. (H) Article 45 created the
        Secure Residential Youth Care Facility Licensing Act
        and amended the State Finance Act, the Juvenile Court
        Act of 1987, the Unified Code of Corrections, and the
        Private Correctional Facility Moratorium Act. (I)
        Article 50 amended the WIC Vendor Management Act, the
        Firearm Owners Identification Card Act, the Juvenile
        Court Act of 1987, the Criminal Code of 1961, the
        Wrongs to Children Act, and the Unified Code of
        Corrections.
            (iii) On September 22, 1998, the Third District
        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
        ruled that Public Act 88-680 violates the single
        subject clause of the Illinois Constitution (Article
        IV, Section 8 (d)) and was unconstitutional in its
        entirety. As of the time this amendatory Act of 1999
        was prepared, People v. Dainty was still subject to
        appeal.
            (iv) Child pornography is a vital concern to the
        people of this State and the validity of future
        prosecutions under the child pornography statute of
        the Criminal Code of 1961 is in grave doubt.
        (2) It is the purpose of this amendatory Act of 1999 to
    prevent or minimize any problems relating to prosecutions
    for child pornography that may result from challenges to
    the constitutional validity of Public Act 88-680 by
    re-enacting the Section relating to child pornography that
    was included in Public Act 88-680.
        (3) This amendatory Act of 1999 re-enacts Section
    11-20.1 of the Criminal Code of 1961, as it has been
    amended. This re-enactment is intended to remove any
    question as to the validity or content of that Section; it
    is not intended to supersede any other Public Act that
    amends the text of the Section as set forth in this
    amendatory Act of 1999. The material is shown as existing
    text (i.e., without underscoring) because, as of the time
    this amendatory Act of 1999 was prepared, People v. Dainty
    was subject to appeal to the Illinois Supreme Court.
        (4) The re-enactment by this amendatory Act of 1999 of
    Section 11-20.1 of the Criminal Code of 1961 relating to
    child pornography that was amended by Public Act 88-680 is
    not intended, and shall not be construed, to imply that
    Public Act 88-680 is invalid or to limit or impair any
    legal argument concerning whether those provisions were
    substantially re-enacted by other Public Acts.
(Source: P.A. ; 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/11-20.1B)  (was 720 ILCS 5/11-20.3)
    Sec. 11-20.1B 11-20.3. Aggravated child pornography.
    (a) A person commits the offense of aggravated child
pornography who:
        (1) films, videotapes, photographs, or otherwise
    depicts or portrays by means of any similar visual medium
    or reproduction or depicts by computer any child whom he or
    she knows or reasonably should know to be under the age of
    13 years where such child is:
            (i) actually or by simulation engaged in any act of
        sexual penetration or sexual conduct with any person or
        animal; or
            (ii) actually or by simulation engaged in any act
        of sexual penetration or sexual conduct involving the
        sex organs of the child and the mouth, anus, or sex
        organs of another person or animal; or which involves
        the mouth, anus or sex organs of the child and the sex
        organs of another person or animal; or
            (iii) actually or by simulation engaged in any act
        of masturbation; or
            (iv) actually or by simulation portrayed as being
        the object of, or otherwise engaged in, any act of lewd
        fondling, touching, or caressing involving another
        person or animal; or
            (v) actually or by simulation engaged in any act of
        excretion or urination within a sexual context; or
            (vi) actually or by simulation portrayed or
        depicted as bound, fettered, or subject to sadistic,
        masochistic, or sadomasochistic abuse in any sexual
        context; or
            (vii) depicted or portrayed in any pose, posture or
        setting involving a lewd exhibition of the unclothed or
        transparently clothed genitals, pubic area, buttocks,
        or, if such person is female, a fully or partially
        developed breast of the child or other person; or
        (2) with the knowledge of the nature or content
    thereof, reproduces, disseminates, offers to disseminate,
    exhibits or possesses with intent to disseminate any film,
    videotape, photograph or other similar visual reproduction
    or depiction by computer of any child whom the person knows
    or reasonably should know to be under the age of 13 engaged
    in any activity described in subparagraphs (i) through
    (vii) of paragraph (1) of this subsection; or
        (3) with knowledge of the subject matter or theme
    thereof, produces any stage play, live performance, film,
    videotape or other similar visual portrayal or depiction by
    computer which includes a child whom the person knows or
    reasonably should know to be under the age of 13 engaged in
    any activity described in subparagraphs (i) through (vii)
    of paragraph (1) of this subsection; or
        (4) solicits, uses, persuades, induces, entices, or
    coerces any child whom he or she knows or reasonably should
    know to be under the age of 13 to appear in any stage play,
    live presentation, film, videotape, photograph or other
    similar visual reproduction or depiction by computer in
    which the child or severely or profoundly mentally retarded
    person is or will be depicted, actually or by simulation,
    in any act, pose or setting described in subparagraphs (i)
    through (vii) of paragraph (1) of this subsection; or
        (5) is a parent, step-parent, legal guardian or other
    person having care or custody of a child whom the person
    knows or reasonably should know to be under the age of 13
    and who knowingly permits, induces, promotes, or arranges
    for such child to appear in any stage play, live
    performance, film, videotape, photograph or other similar
    visual presentation, portrayal or simulation or depiction
    by computer of any act or activity described in
    subparagraphs (i) through (vii) of paragraph (1) of this
    subsection; or
        (6) with knowledge of the nature or content thereof,
    possesses any film, videotape, photograph or other similar
    visual reproduction or depiction by computer of any child
    whom the person knows or reasonably should know to be under
    the age of 13 engaged in any activity described in
    subparagraphs (i) through (vii) of paragraph (1) of this
    subsection; or
        (7) solicits, or knowingly uses, persuades, induces,
    entices, or coerces a person to provide a child under the
    age of 13 to appear in any videotape, photograph, film,
    stage play, live presentation, or other similar visual
    reproduction or depiction by computer in which the child
    will be depicted, actually or by simulation, in any act,
    pose, or setting described in subparagraphs (i) through
    (vii) of paragraph (1) of this subsection.
    (b)(1) It shall be an affirmative defense to a charge of
aggravated child pornography that the defendant reasonably
believed, under all of the circumstances, that the child was 13
years of age or older, but only where, prior to the act or acts
giving rise to a prosecution under this Section, he or she took
some affirmative action or made a bonafide inquiry designed to
ascertain whether the child was 13 years of age or older and
his or her reliance upon the information so obtained was
clearly reasonable.
    (2) The charge of aggravated child pornography shall not
apply to the performance of official duties by law enforcement
or prosecuting officers or persons employed by law enforcement
or prosecuting agencies, court personnel or attorneys, nor to
bonafide treatment or professional education programs
conducted by licensed physicians, psychologists or social
workers.
    (3) If the defendant possessed more than 3 of the same
film, videotape or visual reproduction or depiction by computer
in which aggravated child pornography is depicted, then the
trier of fact may infer that the defendant possessed such
materials with the intent to disseminate them.
    (4) The charge of aggravated child pornography does not
apply to a person who does not voluntarily possess a film,
videotape, or visual reproduction or depiction by computer in
which aggravated child pornography is depicted. Possession is
voluntary if the defendant knowingly procures or receives a
film, videotape, or visual reproduction or depiction for a
sufficient time to be able to terminate his or her possession.
    (5) Any violation of paragraph (1), (2), (3), (4), (5), or
(7) of subsection (a) that includes a child engaged in,
solicited for, depicted in, or posed in any act of sexual
penetration or bound, fettered, or subject to sadistic,
masochistic, or sadomasochistic abuse in a sexual context shall
be deemed a crime of violence.
    (c) Sentence: (1) A person who commits a violation of
paragraph (1), (2), (3), (4), (5), or (7) of subsection (a) is
guilty of a Class X felony with a mandatory minimum fine of
$2,000 and a maximum fine of $100,000.
    (2) A person who commits a violation of paragraph (6) of
subsection (a) is guilty of a Class 2 felony with a mandatory
minimum fine of $1000 and a maximum fine of $100,000.
    (3) A person who commits a violation of paragraph (1), (2),
(3), (4), (5), or (7) of subsection (a) where the defendant has
previously been convicted under the laws of this State or any
other state of the offense of child pornography, aggravated
child pornography, aggravated criminal sexual abuse,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, or any of the offenses formerly known as
rape, deviate sexual assault, indecent liberties with a child,
or aggravated indecent liberties with a child where the victim
was under the age of 18 years or an offense that is
substantially equivalent to those offenses, is guilty of a
Class X felony for which the person shall be sentenced to a
term of imprisonment of not less than 9 years with a mandatory
minimum fine of $2,000 and a maximum fine of $100,000.
    (4) A person who commits a violation of paragraph (6) of
subsection (a) where the defendant has previously been
convicted under the laws of this State or any other state of
the offense of child pornography, aggravated child
pornography, aggravated criminal sexual abuse, aggravated
criminal sexual assault, predatory criminal sexual assault of a
child, or any of the offenses formerly known as rape, deviate
sexual assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under the
age of 18 years or an offense that is substantially equivalent
to those offenses, is guilty of a Class 1 felony with a
mandatory minimum fine of $1000 and a maximum fine of $100,000.
    (d) If a person is convicted of a second or subsequent
violation of this Section within 10 years of a prior
conviction, the court shall order a presentence psychiatric
examination of the person. The examiner shall report to the
court whether treatment of the person is necessary.
    (e) Any film, videotape, photograph or other similar visual
reproduction or depiction by computer which includes a child
under the age of 13 engaged in any activity described in
subparagraphs (i) through (vii) of paragraph (1) of subsection
(a), and any material or equipment used or intended for use in
photographing, filming, printing, producing, reproducing,
manufacturing, projecting, exhibiting, depiction by computer,
or disseminating such material shall be seized and forfeited in
the manner, method and procedure provided by Section 36-1 of
this Code for the seizure and forfeiture of vessels, vehicles
and aircraft.
    In addition, any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
    (e-5) Upon the conclusion of a case brought under this
Section, the court shall seal all evidence depicting a victim
or witness that is sexually explicit. The evidence may be
unsealed and viewed, on a motion of the party seeking to unseal
and view the evidence, only for good cause shown and in the
discretion of the court. The motion must expressly set forth
the purpose for viewing the material. The State's attorney and
the victim, if possible, shall be provided reasonable notice of
the hearing on the motion to unseal the evidence. Any person
entitled to notice of a hearing under this subsection (e-5) may
object to the motion.
    (f) Definitions. For the purposes of this Section:
        (1) "Disseminate" means (i) to sell, distribute,
    exchange or transfer possession, whether with or without
    consideration or (ii) to make a depiction by computer
    available for distribution or downloading through the
    facilities of any telecommunications network or through
    any other means of transferring computer programs or data
    to a computer.
        (2) "Produce" means to direct, promote, advertise,
    publish, manufacture, issue, present or show.
        (3) "Reproduce" means to make a duplication or copy.
        (4) "Depict by computer" means to generate or create,
    or cause to be created or generated, a computer program or
    data that, after being processed by a computer either alone
    or in conjunction with one or more computer programs,
    results in a visual depiction on a computer monitor,
    screen, or display.
        (5) "Depiction by computer" means a computer program or
    data that, after being processed by a computer either alone
    or in conjunction with one or more computer programs,
    results in a visual depiction on a computer monitor,
    screen, or display.
        (6) "Computer", "computer program", and "data" have
    the meanings ascribed to them in Section 16D-2 of this
    Code.
        (7) For the purposes of this Section, "child" means a
    person, either in part or in total, under the age of 13,
    regardless of the method by which the film, videotape,
    photograph, or other similar visual medium or reproduction
    or depiction by computer is created, adopted, or modified
    to appear as such.
        (8) "Sexual penetration" and "sexual conduct" have the
    meanings ascribed to them in Section 12-12 of this Code.
    (g) When a charge of aggravated child pornography is
brought, the age of the child is an element of the offense to
be resolved by the trier of fact as either exceeding or not
exceeding the age in question. The trier of fact can rely on
its own everyday observations and common experiences in making
this determination.
(Source: P.A. 95-579, eff. 6-1-08; 96-292, eff. 1-1-10; 96-712,
eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
    Sec. 11-20.2. Duty of commercial film and photographic
print processors or computer technicians to report sexual
depiction of children. Duty to report child pornography.
    (a) Any commercial film and photographic print processor or
computer technician who has knowledge of or observes, within
the scope of his professional capacity or employment, any film,
photograph, videotape, negative, slide, computer hard drive or
any other magnetic or optical media which depicts a child whom
the processor or computer technician knows or reasonably should
know to be under the age of 18 where such child is:
        (i) actually or by simulation engaged in any act of
    sexual penetration or sexual conduct with any person or
    animal; or
        (ii) actually or by simulation engaged in any act of
    sexual penetration or sexual conduct involving the sex
    organs of the child and the mouth, anus, or sex organs of
    another person or animal; or which involves the mouth, anus
    or sex organs of the child and the sex organs of another
    person or animal; or
        (iii) actually or by simulation engaged in any act of
    masturbation; or
        (iv) actually or by simulation portrayed as being the
    object of, or otherwise engaged in, any act of lewd
    fondling, touching, or caressing involving another person
    or animal; or
        (v) actually or by simulation engaged in any act of
    excretion or urination within a sexual context; or
        (vi) actually or by simulation portrayed or depicted as
    bound, fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in any sexual context; or
        (vii) depicted or portrayed in any pose, posture or
    setting involving a lewd exhibition of the unclothed or
    transparently clothed genitals, pubic area, buttocks, or,
    if such person is female, a fully or partially developed
    breast of the child or other person;
shall report or cause a report to be made pursuant to
subsections (b) and (c) as soon as reasonably possible. Failure
to make such report shall be a business offense with a fine of
$1,000.
    (b) Commercial film and photographic film processors shall
report or cause a report to be made to the local law
enforcement agency of the jurisdiction in which the image or
images described in subsection (a) are discovered.
    (c) Computer technicians shall report or cause the report
to be made to the local law enforcement agency of the
jurisdiction in which the image or images described in
subsection (a) are discovered or to the Illinois Child
Exploitation e-Tipline at reportchildporn@atg.state.il.us.
    (d) Reports required by this Act shall include the
following information: (i) name, address, and telephone number
of the person filing the report; (ii) the employer of the
person filing the report, if any; (iii) the name, address and
telephone number of the person whose property is the subject of
the report, if known; (iv) the circumstances which led to the
filing of the report, including a description of the reported
content.
    (e) If a report is filed with the Cyber Tipline at the
National Center for Missing and Exploited Children or in
accordance with the requirements of 42 U.S.C. 13032, the
requirements of this Act will be deemed to have been met.
    (f) A computer technician or an employer caused to report
child pornography under this Section is immune from any
criminal, civil, or administrative liability in connection
with making the report, except for willful or wanton
misconduct.
    (g) For the purposes of this Section, a "computer
technician" is a person who installs, maintains,
troubleshoots, repairs or upgrades computer hardware,
software, computer networks, peripheral equipment, electronic
mail systems, or provides user assistance for any of the
aforementioned tasks.
(Source: P.A. 95-983, eff. 6-1-09.)
 
    (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)
    Sec. 11-21. Harmful material.
    (a) As used in this Section:
        "Distribute" means to transfer possession of, whether
    with or without consideration.
        "Harmful to minors" means that quality of any
    description or representation, in whatever form, of
    nudity, sexual conduct, sexual excitement, or
    sado-masochistic abuse, when, taken as a whole, it (i)
    predominately appeals to the prurient interest in sex of
    minors, (ii) is patently offensive to prevailing standards
    in the adult community in the State as a whole with respect
    to what is suitable material for minors, and (iii) lacks
    serious literary, artistic, political, or scientific value
    for minors.
        "Knowingly" means having knowledge of the contents of
    the subject matter, or recklessly failing to exercise
    reasonable inspection which would have disclosed the
    contents.
        "Material" means (i) any picture, photograph, drawing,
    sculpture, film, video game, computer game, video or
    similar visual depiction, including any such
    representation or image which is stored electronically, or
    (ii) any book, magazine, printed matter however
    reproduced, or recorded audio of any sort.
        "Minor" means any person under the age of 18.
        "Nudity" means the showing of the human male or female
    genitals, pubic area or buttocks with less than a fully
    full opaque covering, or the showing of the female breast
    with less than a fully opaque covering of any portion below
    the top of the nipple, or the depiction of covered male
    genitals in a discernably turgid state.
        "Sado-masochistic abuse" means flagellation or torture
    by or upon a person clad in undergarments, a mask or
    bizarre costume, or the condition of being fettered, bound
    or otherwise physically restrained on the part of one
    clothed for sexual gratification or stimulation.
        "Sexual conduct" means acts of masturbation, sexual
    intercourse, or physical contact with a person's clothed or
    unclothed genitals, pubic area, buttocks or, if such person
    be a female, breast.
        "Sexual excitement" means the condition of human male
    or female genitals when in a state of sexual stimulation or
    arousal.
    (b) A person is guilty of distributing harmful material to
a minor when he or she:
        (1) knowingly sells, lends, distributes, exhibits to,
    depicts to, or gives away to a minor, knowing that the
    minor is under the age of 18 or failing to exercise
    reasonable care in ascertaining the person's true age:
            (A) any material which depicts nudity, sexual
        conduct or sado-masochistic abuse, or which contains
        explicit and detailed verbal descriptions or narrative
        accounts of sexual excitement, sexual conduct or
        sado-masochistic abuse, and which taken as a whole is
        harmful to minors;
            (B) a motion picture, show, or other presentation
        which depicts nudity, sexual conduct or
        sado-masochistic abuse and is harmful to minors; or
            (C) an admission ticket or pass to premises where
        there is exhibited or to be exhibited such a motion
        picture, show, or other presentation; or
        (2) admits a minor to premises where there is exhibited
    or to be exhibited such a motion picture, show, or other
    presentation, knowing that the minor is a person under the
    age of 18 or failing to exercise reasonable care in
    ascertaining the person's true age.
    (c) In any prosecution arising under this Section, it is an
affirmative defense:
        (1) that the minor as to whom the offense is alleged to
    have been committed exhibited to the accused a draft card,
    driver's license, birth certificate or other official or
    apparently official document purporting to establish that
    the minor was 18 years of age or older, which was relied
    upon by the accused;
        (2) that the defendant was in a parental or
    guardianship relationship with the minor or that the minor
    was accompanied by a parent or legal guardian;
        (3) that the defendant was a bona fide school, museum,
    or public library, or was a person acting in the course of
    his or her employment as an employee or official of such
    organization or retail outlet affiliated with and serving
    the educational purpose of such organization;
        (4) that the act charged was committed in aid of
    legitimate scientific or educational purposes; or
        (5) that an advertisement of harmful material as
    defined in this Section culminated in the sale or
    distribution of such harmful material to a child under
    circumstances where there was no personal confrontation of
    the child by the defendant, his or her employees, or
    agents, as where the order or request for such harmful
    material was transmitted by mail, telephone, Internet or
    similar means of communication, and delivery of such
    harmful material to the child was by mail, freight,
    Internet or similar means of transport, which
    advertisement contained the following statement, or a
    substantially similar statement, and that the defendant
    required the purchaser to certify that he or she was not
    under the age of 18 and that the purchaser falsely stated
    that he or she was not under the age of 18: "NOTICE: It is
    unlawful for any person under the age of 18 to purchase the
    matter advertised. Any person under the age of 18 that
    falsely states that he or she is not under the age of 18
    for the purpose of obtaining the material advertised is
    guilty of a Class B misdemeanor under the laws of the
    State."
    (d) The predominant appeal to prurient interest of the
material shall be judged with reference to average children of
the same general age of the child to whom such material was
sold, lent, distributed or given, unless it appears from the
nature of the matter or the circumstances of its dissemination
or distribution that it is designed for specially susceptible
groups, in which case the predominant appeal of the material
shall be judged with reference to its intended or probable
recipient group.
    (e) Distribution of harmful material in violation of this
Section is a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
    (f) Any person under the age of 18 who that falsely states,
either orally or in writing, that he or she is not under the
age of 18, or who that presents or offers to any person any
evidence of age and identity that is false or not actually his
or her own with the intent for the purpose of ordering,
obtaining, viewing, or otherwise procuring or attempting to
procure or view any harmful material is guilty of a Class B
misdemeanor.
    (g) A person over the age of 18 who fails to exercise
reasonable care in ascertaining the true age of a minor,
knowingly distributes to, or sends, or causes to be sent, or
exhibits to, or offers to distribute, or exhibits any harmful
material to a person that he or she believes is a minor is
guilty of a Class A misdemeanor. If that person utilized a
computer web camera, cellular telephone, or any other type of
device to manufacture the harmful material, then each offense
is a Class 4 felony.
    (h) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 95-983, eff. 6-1-09; 96-280, eff. 1-1-10.)
 
    (720 ILCS 5/11-23)
    Sec. 11-23. Posting of identifying or graphic information
on a pornographic Internet site or possessing graphic
information with pornographic material.
    (a) A person at least 17 years of age who knowingly
discloses on an adult obscenity or child pornography Internet
site the name, address, telephone number, or e-mail address of
a person under 17 years of age at the time of the commission of
the offense or of a person at least 17 years of age without the
consent of the person at least 17 years of age is guilty of the
offense of posting of identifying information on a pornographic
Internet site.
    (a-5) Any person who knowingly places, posts, reproduces,
or maintains on an adult obscenity or child pornography
Internet site a photograph, video, or digital image of a person
under 18 years of age that is not child pornography under
Section 11-20.1, without the knowledge and consent of the
person under 18 years of age, is guilty of the offense of
posting of graphic information on a pornographic Internet site.
This provision applies even if the person under 18 years of age
is fully or properly clothed in the photograph, video, or
digital image.
    (a-10) Any person who knowingly places, posts, reproduces,
or maintains on an adult obscenity or child pornography
Internet site, or possesses with obscene or child pornographic
material a photograph, video, or digital image of a person
under 18 years of age in which the child is posed in a
suggestive manner with the focus or concentration of the image
on the child's clothed genitals, clothed pubic area, clothed
buttocks area, or if the child is female, the breast exposed
through transparent clothing, and the photograph, video, or
digital image is not child pornography under Section 11-20.1,
is guilty of posting of graphic information on a pornographic
Internet site or possessing graphic information with
pornographic material.
    (b) Sentence. A person who violates subsection (a) of this
Section is guilty of a Class 4 felony if the victim is at least
17 years of age at the time of the offense and a Class 3 felony
if the victim is under 17 years of age at the time of the
offense. A person who violates subsection (a-5) of this Section
is guilty of a Class 4 felony. A person who violates subsection
(a-10) of this Section is guilty of a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Adult obscenity or child pornography Internet
    site" means a site on the Internet that contains material
    that is obscene as defined in Section 11-20 of this Code or
    that is child pornography as defined in Section 11-20.1 of
    this Code.
        (2) "Internet" has the meaning set forth in Section
    16J-5 of this Code includes the World Wide Web, electronic
    mail, a news group posting, or Internet file transfer.
(Source: P.A. 95-983, eff. 6-1-09.)
 
    (720 ILCS 5/11-24)
    Sec. 11-24. Child photography by sex offender.
    (a) In this Section:
    "Child" means a person under 18 years of age.
    "Child sex offender" has the meaning ascribed to it in
Section 11-0.1 11-9.3 of this Code.
    (b) It is unlawful for a child sex offender to knowingly:
        (1) conduct or operate any type of business in which he
    or she photographs, videotapes, or takes a digital image of
    a child; or
        (2) conduct or operate any type of business in which he
    or she instructs or directs another person to photograph,
    videotape, or take a digital image of a child; or
        (3) photograph, videotape, or take a digital image of a
    child, or instruct or direct another person to photograph,
    videotape, or take a digital image of a child without the
    consent of the parent or guardian.
    (c) Sentence. A violation of this Section is a Class 2
felony. A person who violates this Section at a playground,
park facility, school, forest preserve, day care facility, or
at a facility providing programs or services directed to
persons under 17 years of age is guilty of a Class 1 felony.
(Source: P.A. 95-983, eff. 6-1-09.)
 
    (720 ILCS 5/Art. 11 Subdiv. 25 heading new)
SUBDIVISION 25. OTHER OFFENSES

 
    (720 ILCS 5/11-30)  (was 720 ILCS 5/11-9)
    Sec. 11-30 11-9. Public indecency.
    (a) Any person of the age of 17 years and upwards who
performs any of the following acts in a public place commits a
public indecency:
        (1) An act of sexual penetration or sexual conduct as
    defined in Section 12-12 of this Code; or
        (2) A lewd exposure of the body done with intent to
    arouse or to satisfy the sexual desire of the person.
    Breast-feeding of infants is not an act of public
indecency.
    (b) "Public place" for purposes of this Section means any
place where the conduct may reasonably be expected to be viewed
by others.
    (c) Sentence.
    Public indecency is a Class A misdemeanor. A person
convicted of a third or subsequent violation for public
indecency is guilty of a Class 4 felony. Public indecency is a
Class 4 felony if committed by a person 18 years of age or
older who is on or within 500 feet of elementary or secondary
school grounds when children are present on the grounds.
(Source: P.A. 96-1098, eff. 1-1-11.)
 
    (720 ILCS 5/11-35)  (was 720 ILCS 5/11-7)
    Sec. 11-35 11-7. Adultery.
    Adultery.) (a) A Any person commits adultery when he or she
who has sexual intercourse with another not his or her spouse
commits adultery, if the behavior is open and notorious, and
    (1) The person is married and knows the other person
involved in such intercourse is not his spouse; or
    (2) The person is not married and knows that the other
person involved in such intercourse is married.
    A person shall be exempt from prosecution under this
Section if his liability is based solely on evidence he has
given in order to comply with the requirements of Section 4-1.7
of "The Illinois Public Aid Code", approved April 11, 1967, as
amended.
    (b) Sentence.
    Adultery is a Class A misdemeanor.
(Source: P.A. 86-490.)
 
    (720 ILCS 5/11-40)  (was 720 ILCS 5/11-8)
    Sec. 11-40 11-8. Fornication.
    Fornication.) (a) A Any person commits fornication when he
or she knowingly who has sexual intercourse with another not
his or her spouse commits fornication if the behavior is open
and notorious.
    A person shall be exempt from prosecution under this
Section if his liability is based solely on evidence he has
given in order to comply with the requirements of Section 4-1.7
of "The Illinois Public Aid Code", approved April 11, 1967, as
amended.
    (b) Sentence.
    Fornication is a Class B misdemeanor.
(Source: P.A. 86-490.)
 
    (720 ILCS 5/11-45)  (was 720 ILCS 5/11-12)
    Sec. 11-45 11-12. Bigamy and Marrying a bigamist.
    (a) Bigamy. A person commits bigamy when that person has
Any person having a husband or wife and who subsequently
knowingly marries another or cohabits in this State after such
marriage commits bigamy.
    (a-5) Marrying a bigamist. An unmarried person commits
marrying a bigamist when that person knowingly marries another
under circumstances known to him or her which would render the
other person guilty of bigamy under the laws of this State.
    (b) It shall be an affirmative defense to bigamy and
marrying a bigamist that:
        (1) The prior marriage was dissolved or declared
    invalid; or
        (2) The accused reasonably believed the prior spouse to
    be dead; or
        (3) The prior spouse had been continually absent for a
    period of 5 years during which time the accused did not
    know the prior spouse to be alive; or
        (4) The accused reasonably believed that he or she or
    the person he or she marries was legally eligible to be
    married remarry.
    (c) Sentence.
    Bigamy is a Class 4 felony. Marrying a bigamist is a Class
A misdemeanor.
(Source: P.A. 81-230.)
 
    (720 ILCS 5/Art. 36.5 heading new)
ARTICLE 36.5. VEHICLE IMPOUNDMENT

 
    (720 ILCS 5/36.5-5 new)
    Sec. 36.5-5. Vehicle impoundment.
    (a) In addition to any other penalty provided by law, a
peace officer who arrests a person for a violation of Section
10-9, 10-14, 11-14.1, 11-14.3, 11-14.4, 11-18, or 11-18.1 of
this Code, may tow and impound any vehicle used by the person
in the commission of the offense. The person arrested for one
or more such violations shall be charged a $1,000 fee, to be
paid to the unit of government that made the arrest. The person
may recover the vehicle from the impound after a minimum of 2
hours after arrest upon payment of the fee.
    (b) $500 of the fee shall be distributed to the unit of
government whose peace officers made the arrest, for the costs
incurred by the unit of government to tow and impound the
vehicle. Upon the defendant's conviction of one or more of the
offenses in connection with which the vehicle was impounded and
the fee imposed under this Section, the remaining $500 of the
fee shall be deposited into the Violent Crime Victims
Assistance Fund and shall be used by the Department of Human
Services to make grants to non-governmental organizations to
provide services for persons encountered during the course of
an investigation into any violation of Section 10-9, 11-14,
11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this
Code, provided such persons constitute prostituted persons or
other victims of human trafficking.
    (c) Upon the presentation by the defendant of a signed
court order showing that the defendant has been acquitted of
all of the offenses in connection with which a vehicle was
impounded and a fee imposed under this Section, or that the
charges against the defendant for those offenses have been
dismissed, the unit of government shall refund the $1,000 fee
to the defendant.
 
    (720 ILCS 5/11-9.4 rep.)
    (720 ILCS 5/11-13 rep.)
    (720 ILCS 5/11-14.2 rep.)
    (720 ILCS 5/11-15 rep.)
    (720 ILCS 5/11-15.1 rep.)
    (720 ILCS 5/11-16 rep.)
    (720 ILCS 5/11-17 rep.)
    (720 ILCS 5/11-17.1 rep.)
    (720 ILCS 5/11-19 rep.)
    (720 ILCS 5/11-19.1 rep.)
    (720 ILCS 5/11-19.2 rep.)
    (720 ILCS 5/11-19.3 rep.)
    (720 ILCS 5/12-12 rep.)
    Section 6. The Criminal Code of 1961 is amended by
repealing Sections 11-9.4, 11-13, 11-14.2, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-19, 11-19.1, 11-19.2, 11-19.3, and
12-12.
 
    (720 ILCS 150/5.1 rep.)
    Section 10. The Wrongs to Children Act is amended by
repealing Section 5.1.
 
    Section 905. The Secretary of State Merit Employment Code
is amended by changing Section 10b.1 as follows:
 
    (15 ILCS 310/10b.1)  (from Ch. 124, par. 110b.1)
    Sec. 10b.1. Competitive examinations.
    (a) For open competitive examinations to test the relative
fitness of applicants for the respective positions. Tests shall
be designed to eliminate those who are not qualified for
entrance into the Office of the Secretary of State and to
discover the relative fitness of those who are qualified. The
Director may use any one of or any combination of the following
examination methods which in his judgment best serves this end:
investigation of education and experience; test of cultural
knowledge; test of capacity; test of knowledge; test of manual
skill; test of linguistic ability; test of character; test of
physical skill; test of psychological fitness. No person with a
record of misdemeanor convictions except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
11-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the
Criminal Code of 1961, or arrested for any cause but not
convicted thereon shall be disqualified from taking such
examinations or subsequent appointment unless the person is
attempting to qualify for a position which would give him the
powers of a peace officer, in which case the person's
conviction or arrest record may be considered as a factor in
determining the person's fitness for the position. All
examinations shall be announced publicly at least 2 weeks in
advance of the date of examinations and may be advertised
through the press, radio or other media.
    The Director may, at his discretion, accept the results of
competitive examinations conducted by any merit system
established by Federal law or by the law of any State, and may
compile eligible lists therefrom or may add the names of
successful candidates in examinations conducted by those merit
systems to existing eligible lists in accordance with their
respective ratings. No person who is a non-resident of the
State of Illinois may be appointed from those eligible lists,
however, unless the requirement that applicants be residents of
the State of Illinois is waived by the Director of Personnel
and unless there are less than 3 Illinois residents available
for appointment from the appropriate eligible list. The results
of the examinations conducted by other merit systems may not be
used unless they are comparable in difficulty and
comprehensiveness to examinations conducted by the Department
of Personnel for similar positions. Special linguistic options
may also be established where deemed appropriate.
    (b) The Director of Personnel may require that each person
seeking employment with the Secretary of State, as part of the
application process, authorize an investigation to determine
if the applicant has ever been convicted of a crime and if so,
the disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which may be
contacted. Upon this authorization, the Director of Personnel
may request and receive information and assistance from any
federal, state or local governmental agency as part of the
authorized investigation. The investigation shall be
undertaken after the fingerprinting of an applicant in the form
and manner prescribed by the Department of State Police. The
investigation shall consist of a criminal history records check
performed by the Department of State Police and the Federal
Bureau of Investigation, or some other entity that has the
ability to check the applicant's fingerprints against the
fingerprint records now and hereafter filed in the Department
of State Police and Federal Bureau of Investigation criminal
history records databases. If the Department of State Police
and the Federal Bureau of Investigation conduct an
investigation directly for the Secretary of State's Office,
then the Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Department of
State Police shall provide information concerning any criminal
convictions, and their disposition, brought against the
applicant or prospective employee of the Secretary of State
upon request of the Department of Personnel when the request is
made in the form and manner required by the Department of State
Police. The information derived from this investigation,
including the source of this information, and any conclusions
or recommendations derived from this information by the
Director of Personnel shall be provided to the applicant or
prospective employee, or his designee, upon request to the
Director of Personnel prior to any final action by the Director
of Personnel on the application. No information obtained from
such investigation may be placed in any automated information
system. Any criminal convictions and their disposition
information obtained by the Director of Personnel shall be
confidential and may not be transmitted outside the Office of
the Secretary of State, except as required herein, and may not
be transmitted to anyone within the Office of the Secretary of
State except as needed for the purpose of evaluating the
application. The only physical identity materials which the
applicant or prospective employee can be required to provide
the Director of Personnel are photographs or fingerprints;
these shall be returned to the applicant or prospective
employee upon request to the Director of Personnel, after the
investigation has been completed and no copy of these materials
may be kept by the Director of Personnel or any agency to which
such identity materials were transmitted. Only information and
standards which bear a reasonable and rational relation to the
performance of an employee shall be used by the Director of
Personnel. The Secretary of State shall adopt rules and
regulations for the administration of this Section. Any
employee of the Secretary of State who gives or causes to be
given away any confidential information concerning any
criminal convictions and their disposition of an applicant or
prospective employee shall be guilty of a Class A misdemeanor
unless release of such information is authorized by this
Section.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 910. The Comptroller Merit Employment Code is
amended by changing Section 10b.1 as follows:
 
    (15 ILCS 410/10b.1)  (from Ch. 15, par. 426)
    Sec. 10b.1. Competitive examinations. For open competitive
examinations to test the relative fitness of applicants for the
respective positions. Tests shall be designed to eliminate
those who are not qualified for entrance into the Office of the
Comptroller and to discover the relative fitness of those who
are qualified. The Director may use any one of or any
combination of the following examination methods which in his
judgment best serves this end: investigation of education and
experience; test of cultural knowledge; test of capacity; test
of knowledge; test of manual skill; test of linguistic ability;
test of character; test of physical skill; test of
psychological fitness. No person with a record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
1961, or arrested for any cause but not convicted thereon shall
be disqualified from taking such examinations or subsequent
appointment unless the person is attempting to qualify for a
position which entails financial responsibilities, in which
case the person's conviction or arrest record may be considered
as a factor in determining the person's fitness for the
position. All examinations shall be announced publicly at least
2 weeks in advance of the date of examinations and may be
advertised through the press, radio or other media.
    The Director may, at his or her discretion, accept the
results of competitive examinations conducted by any merit
system established by Federal law or by the law of any State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Human Resources and unless there are less than 3 Illinois
residents available for appointment from the appropriate
eligible list. The results of the examinations conducted by
other merit systems may not be used unless they are comparable
in difficulty and comprehensiveness to examinations conducted
by the Department of Human Resources for similar positions.
Special linguistic options may also be established where deemed
appropriate.
(Source: P.A. 90-24, eff. 6-20-97.)
 
    Section 915. The Personnel Code is amended by changing
Section 8b.1 as follows:
 
    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
    Sec. 8b.1. For open competitive examinations to test the
relative fitness of applicants for the respective positions.
    Tests shall be designed to eliminate those who are not
qualified for entrance into or promotion within the service,
and to discover the relative fitness of those who are
qualified. The Director may use any one of or any combination
of the following examination methods which in his judgment best
serves this end: investigation of education; investigation of
experience; test of cultural knowledge; test of capacity; test
of knowledge; test of manual skill; test of linguistic ability;
test of character; test of physical fitness; test of
psychological fitness. No person with a record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
1961 or arrested for any cause but not convicted thereon shall
be disqualified from taking such examinations or subsequent
appointment, unless the person is attempting to qualify for a
position which would give him the powers of a peace officer, in
which case the person's conviction or arrest record may be
considered as a factor in determining the person's fitness for
the position. The eligibility conditions specified for the
position of Assistant Director of Healthcare and Family
Services in the Department of Healthcare and Family Services in
Section 5-230 of the Departments of State Government Law (20
ILCS 5/5-230) shall be applied to that position in addition to
other standards, tests or criteria established by the Director.
All examinations shall be announced publicly at least 2 weeks
in advance of the date of the examinations and may be
advertised through the press, radio and other media. The
Director may, however, in his discretion, continue to receive
applications and examine candidates long enough to assure a
sufficient number of eligibles to meet the needs of the service
and may add the names of successful candidates to existing
eligible lists in accordance with their respective ratings.
    The Director may, in his discretion, accept the results of
competitive examinations conducted by any merit system
established by federal law or by the law of any State, and may
compile eligible lists therefrom or may add the names of
successful candidates in examinations conducted by those merit
systems to existing eligible lists in accordance with their
respective ratings. No person who is a non-resident of the
State of Illinois may be appointed from those eligible lists,
however, unless the requirement that applicants be residents of
the State of Illinois is waived by the Director of Central
Management Services and unless there are less than 3 Illinois
residents available for appointment from the appropriate
eligible list. The results of the examinations conducted by
other merit systems may not be used unless they are comparable
in difficulty and comprehensiveness to examinations conducted
by the Department of Central Management Services for similar
positions. Special linguistic options may also be established
where deemed appropriate.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 920. The Children and Family Services Act is
amended by changing Section 7 as follows:
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place such child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify and locate a relative who is
ready, willing, and able to care for the child. At a minimum,
these efforts shall be renewed each time the child requires a
placement change and it is appropriate for the child to be
cared for in a home environment. The Department must document
its efforts to identify and locate such a relative placement
and maintain the documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13, 11-35,
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery;
        (12) aggravated battery with a firearm;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly or
    disabled person;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who
(i) is currently related to the child in any of the following
ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary custody
or guardianship of the Department, a "relative" may also
include any person who would have qualified as a relative under
this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set forth
in subsection (4.05) of Section 1-3 of the Juvenile Court Act
of 1987. A relative with whom a child is placed pursuant to
this subsection may, but is not required to, apply for
licensure as a foster family home pursuant to the Child Care
Act of 1969; provided, however, that as of July 1, 1995, foster
care payments shall be made only to licensed foster family
homes pursuant to the terms of Section 5 of this Act.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, so that permanency may occur at the earliest
opportunity. Consideration should be given so that if
reunification fails or is delayed, the placement made is the
best available placement to provide permanency for the child.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 94-880, eff. 8-1-06.)
 
    Section 925. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement and sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have
    the meanings set forth in this subsection, except when a
    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings
        ascribed to them in the Unified Code of Corrections,
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B) As used in this Section, "charge not initiated
        by arrest" means a charge (as defined by 730 ILCS
        5/5-1-3) brought against a defendant where the
        defendant is not arrested prior to or as a direct
        result of the charge.
            (C) "Conviction" means a judgment of conviction or
        sentence entered upon a plea of guilty or upon a
        verdict or finding of guilty of an offense, rendered by
        a legally constituted jury or by a court of competent
        jurisdiction authorized to try the case without a jury.
        An order of supervision successfully completed by the
        petitioner is not a conviction. An order of qualified
        probation (as defined in subsection (a)(1)(J))
        successfully completed by the petitioner is not a
        conviction. An order of supervision or an order of
        qualified probation that is terminated
        unsatisfactorily is a conviction, unless the
        unsatisfactory termination is reversed, vacated, or
        modified and the judgment of conviction, if any, is
        reversed or vacated.
            (D) "Criminal offense" means a petty offense,
        business offense, misdemeanor, felony, or municipal
        ordinance violation (as defined in subsection
        (a)(1)(H)). As used in this Section, a minor traffic
        offense (as defined in subsection (a)(1)(G)) shall not
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the
        records or return them to the petitioner and to
        obliterate the petitioner's name from any official
        index or public record, or both. Nothing in this Act
        shall require the physical destruction of the circuit
        court file, but such records relating to arrests or
        charges, or both, ordered expunged shall be impounded
        as required by subsections (d)(9)(A)(ii) and
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means
        the sentence, order of supervision, or order of
        qualified probation (as defined by subsection
        (a)(1)(J)), for a criminal offense (as defined by
        subsection (a)(1)(D)) that terminates last in time in
        any jurisdiction, regardless of whether the petitioner
        has included the criminal offense for which the
        sentence or order of supervision or qualified
        probation was imposed in his or her petition. If
        multiple sentences, orders of supervision, or orders
        of qualified probation terminate on the same day and
        are last in time, they shall be collectively considered
        the "last sentence" regardless of whether they were
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense,
        business offense, or Class C misdemeanor under the
        Illinois Vehicle Code or a similar provision of a
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an
        offense defined by a municipal or local ordinance that
        is criminal in nature and with which the petitioner was
        charged or for which the petitioner was arrested and
        released without charging.
            (I) "Petitioner" means an adult or a minor
        prosecuted as an adult who has applied for relief under
        this Section.
            (J) "Qualified probation" means an order of
        probation under Section 10 of the Cannabis Control Act,
        Section 410 of the Illinois Controlled Substances Act,
        Section 70 of the Methamphetamine Control and
        Community Protection Act, Section 12-4.3(b)(1) and (2)
        of the Criminal Code of 1961 (as those provisions
        existed before their deletion by Public Act 89-313),
        Section 10-102 of the Illinois Alcoholism and Other
        Drug Dependency Act, Section 40-10 of the Alcoholism
        and Other Drug Abuse and Dependency Act, or Section 10
        of the Steroid Control Act. For the purpose of this
        Section, "successful completion" of an order of
        qualified probation under Section 10-102 of the
        Illinois Alcoholism and Other Drug Dependency Act and
        Section 40-10 of the Alcoholism and Other Drug Abuse
        and Dependency Act means that the probation was
        terminated satisfactorily and the judgment of
        conviction was vacated.
            (K) "Seal" means to physically and electronically
        maintain the records, unless the records would
        otherwise be destroyed due to age, but to make the
        records unavailable without a court order, subject to
        the exceptions in Sections 12 and 13 of this Act. The
        petitioner's name shall also be obliterated from the
        official index required to be kept by the circuit court
        clerk under Section 16 of the Clerks of Courts Act, but
        any index issued by the circuit court clerk before the
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor"
        includes but is not limited to the offenses of indecent
        solicitation of a child or criminal sexual abuse when
        the victim of such offense is under 18 years of age.
            (M) "Terminate" as it relates to a sentence or
        order of supervision or qualified probation includes
        either satisfactory or unsatisfactory termination of
        the sentence, unless otherwise specified in this
        Section.
        (2) Minor Traffic Offenses. Orders of supervision or
    convictions for minor traffic offenses shall not affect a
    petitioner's eligibility to expunge or seal records
    pursuant to this Section.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), and (e) of this Section, the
    court shall not order:
            (A) the sealing or expungement of the records of
        arrests or charges not initiated by arrest that result
        in an order of supervision for or conviction of: (i)
        any sexual offense committed against a minor; (ii)
        Section 11-501 of the Illinois Vehicle Code or a
        similar provision of a local ordinance; or (iii)
        Section 11-503 of the Illinois Vehicle Code or a
        similar provision of a local ordinance.
            (B) the sealing or expungement of records of minor
        traffic offenses (as defined in subsection (a)(1)(G)),
        unless the petitioner was arrested and released
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision, an order of qualified probation
        (as defined in subsection (a)(1)(J)), or a conviction
        for the following offenses:
                (i) offenses included in Article 11 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance, except Section 11-14 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance;
                (ii) Section 11-1.50, 12-15, 12-30, or 26-5 of
            the Criminal Code of 1961 or a similar provision of
            a local ordinance;
                (iii) offenses defined as "crimes of violence"
            in Section 2 of the Crime Victims Compensation Act
            or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that
            would subject a person to registration under the
            Sex Offender Registration Act.
            (D) the sealing of the records of an arrest which
        results in the petitioner being charged with a felony
        offense or records of a charge not initiated by arrest
        for a felony offense, regardless of the disposition,
        unless:
                (i) the charge is amended to a misdemeanor and
            is otherwise eligible to be sealed pursuant to
            subsection (c);
                (ii) the charge is brought along with another
            charge as a part of one case and the charge results
            in acquittal, dismissal, or conviction when the
            conviction was reversed or vacated, and another
            charge brought in the same case results in a
            disposition for a misdemeanor offense that is
            eligible to be sealed pursuant to subsection (c) or
            a disposition listed in paragraph (i), (iii) or
            (iv) of this subsection;
                (iii) the charge results in first offender
            probation as set forth in subsection (c)(2)(E); or
                (iv) the charge is for a Class 4 felony offense
            listed in subsection (c)(2)(F) or the charge is
            amended to a Class 4 felony offense listed in
            subsection (c)(2)(F). Records of arrests which
            result in the petitioner being charged with a Class
            4 felony offense listed in subsection (c)(2)(F),
            records of charges not initiated by arrest for
            Class 4 felony offenses listed in subsection
            (c)(2)(F), and records of charges amended to a
            Class 4 felony offense listed in (c)(2)(F) may be
            sealed, regardless of the disposition, subject to
            any waiting periods set forth in subsection
            (c)(3).
    (b) Expungement.
        (1) A petitioner may petition the circuit court to
    expunge the records of his or her arrests and charges not
    initiated by arrest when:
            (A) He or she has never been convicted of a
        criminal offense; and
            (B) Each arrest or charge not initiated by arrest
        sought to be expunged resulted in: (i) acquittal,
        dismissal, or the petitioner's release without
        charging, unless excluded by subsection (a)(3)(B);
        (ii) a conviction which was vacated or reversed, unless
        excluded by subsection (a)(3)(B); (iii) an order of
        supervision and such supervision was successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3)(A) or (a)(3)(B); or (iv) an order of
        qualified probation (as defined in subsection
        (a)(1)(J)) and such probation was successfully
        completed by the petitioner.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an acquittal,
        dismissal, the petitioner's release without charging,
        or the reversal or vacation of a conviction, there is
        no waiting period to petition for the expungement of
        such records.
            (B) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        supervision, successfully completed by the petitioner,
        the following time frames will apply:
                (i) Those arrests or charges that resulted in
            orders of supervision under Section 3-707, 3-708,
            3-710, or 5-401.3 of the Illinois Vehicle Code or a
            similar provision of a local ordinance, or under
            Section 11-1.50, 12-3.2, 12-15 or 16A-3 of the
            Criminal Code of 1961 or a similar provision of a
            local ordinance, shall not be eligible for
            expungement until 5 years have passed following
            the satisfactory termination of the supervision.
                (ii) Those arrests or charges that resulted in
            orders of supervision for any other offenses shall
            not be eligible for expungement until 2 years have
            passed following the satisfactory termination of
            the supervision.
            (C) When the arrest or charge not initiated by
        arrest sought to be expunged resulted in an order of
        qualified probation, successfully completed by the
        petitioner, such records shall not be eligible for
        expungement until 5 years have passed following the
        satisfactory termination of the probation.
        (3) Those records maintained by the Department for
    persons arrested prior to their 17th birthday shall be
    expunged as provided in Section 5-915 of the Juvenile Court
    Act of 1987.
        (4) Whenever a person has been arrested for or
    convicted of any offense, in the name of a person whose
    identity he or she has stolen or otherwise come into
    possession of, the aggrieved person from whom the identity
    was stolen or otherwise obtained without authorization,
    upon learning of the person having been arrested using his
    or her identity, may, upon verified petition to the chief
    judge of the circuit wherein the arrest was made, have a
    court order entered nunc pro tunc by the Chief Judge to
    correct the arrest record, conviction record, if any, and
    all official records of the arresting authority, the
    Department, other criminal justice agencies, the
    prosecutor, and the trial court concerning such arrest, if
    any, by removing his or her name from all such records in
    connection with the arrest and conviction, if any, and by
    inserting in the records the name of the offender, if known
    or ascertainable, in lieu of the aggrieved's name. The
    records of the circuit court clerk shall be sealed until
    further order of the court upon good cause shown and the
    name of the aggrieved person obliterated on the official
    index required to be kept by the circuit court clerk under
    Section 16 of the Clerks of Courts Act, but the order shall
    not affect any index issued by the circuit court clerk
    before the entry of the order. Nothing in this Section
    shall limit the Department of State Police or other
    criminal justice agencies or prosecutors from listing
    under an offender's name the false names he or she has
    used.
        (5) Whenever a person has been convicted of criminal
    sexual assault, aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual abuse, or aggravated criminal sexual abuse, the
    victim of that offense may request that the State's
    Attorney of the county in which the conviction occurred
    file a verified petition with the presiding trial judge at
    the petitioner's trial to have a court order entered to
    seal the records of the circuit court clerk in connection
    with the proceedings of the trial court concerning that
    offense. However, the records of the arresting authority
    and the Department of State Police concerning the offense
    shall not be sealed. The court, upon good cause shown,
    shall make the records of the circuit court clerk in
    connection with the proceedings of the trial court
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review
    or on collateral attack and the court determines by clear
    and convincing evidence that the petitioner was factually
    innocent of the charge, the court shall enter an
    expungement order as provided in subsection (b) of Section
    5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    Department of State Police from maintaining all records of
    any person who is admitted to probation upon terms and
    conditions and who fulfills those terms and conditions
    pursuant to Section 10 of the Cannabis Control Act, Section
    410 of the Illinois Controlled Substances Act, Section 70
    of the Methamphetamine Control and Community Protection
    Act, Section 12-4.3 of the Criminal Code of 1961, Section
    10-102 of the Illinois Alcoholism and Other Drug Dependency
    Act, Section 40-10 of the Alcoholism and Other Drug Abuse
    and Dependency Act, or Section 10 of the Steroid Control
    Act.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision
    of this Act to the contrary, and cumulative with any rights
    to expungement of criminal records, this subsection
    authorizes the sealing of criminal records of adults and of
    minors prosecuted as adults.
        (2) Eligible Records. The following records may be
    sealed:
            (A) All arrests resulting in release without
        charging;
            (B) Arrests or charges not initiated by arrest
        resulting in acquittal, dismissal, or conviction when
        the conviction was reversed or vacated, except as
        excluded by subsection (a)(3)(B) or (a)(3)(D);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions unless excluded by subsection
        (a)(3);
            (E) Arrests or charges not initiated by arrest
        resulting in orders of first offender probation under
        Section 10 of the Cannabis Control Act, Section 410 of
        the Illinois Controlled Substances Act, or Section 70
        of the Methamphetamine Control and Community
        Protection Act; and
            (F) Arrests or charges not initiated by arrest
        resulting in Class 4 felony convictions for the
        following offenses:
                (i) Section 11-14 of the Criminal Code of 1961;
                (ii) Section 4 of the Cannabis Control Act;
                (iii) Section 402 of the Illinois Controlled
            Substances Act;
                (iv) the Methamphetamine Precursor Control
            Act; and
                (v) the Steroid Control Act.
        (3) When Records Are Eligible to Be Sealed. Records
    identified as eligible under subsection (c)(2) may be
    sealed as follows:
            (A) Records identified as eligible under
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
        time.
            (B) Records identified as eligible under
        subsection (c)(2)(C) may be sealed (i) 3 years after
        the termination of petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        never been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)); or (ii) 4 years after the
        termination of the petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        ever been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)).
            (C) Records identified as eligible under
        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
        sealed 4 years after the termination of the
        petitioner's last sentence (as defined in subsection
        (a)(1)(F)).
        (4) Subsequent felony convictions. A person may not
    have subsequent felony conviction records sealed as
    provided in this subsection (c) if he or she is convicted
    of any felony offense after the date of the sealing of
    prior felony convictions as provided in this subsection
    (c). The court may, upon conviction for a subsequent felony
    offense, order the unsealing of prior felony conviction
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a
    disposition for an eligible record under this subsection
    (c), the petitioner shall be informed by the court of the
    right to have the records sealed and the procedures for the
    sealing of the records.
    (d) Procedure. The following procedures apply to
expungement under subsections (b) and (e), and sealing under
subsection (c):
        (1) Filing the petition. Upon becoming eligible to
    petition for the expungement or sealing of records under
    this Section, the petitioner shall file a petition
    requesting the expungement or sealing of records with the
    clerk of the court where the arrests occurred or the
    charges were brought, or both. If arrests occurred or
    charges were brought in multiple jurisdictions, a petition
    must be filed in each such jurisdiction. The petitioner
    shall pay the applicable fee, if not waived.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    birth, current address and, for each arrest or charge not
    initiated by arrest sought to be sealed or expunged, the
    case number, the date of arrest (if any), the identity of
    the arresting authority, and such other information as the
    court may require. During the pendency of the proceeding,
    the petitioner shall promptly notify the circuit court
    clerk of any change of his or her address.
        (3) Drug test. The petitioner must attach to the
    petition proof that the petitioner has passed a test taken
    within 30 days before the filing of the petition showing
    the absence within his or her body of all illegal
    substances as defined by the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, and the Cannabis Control Act if he or she
    is petitioning to seal felony records pursuant to clause
    (c)(2)(E) or (c)(2)(F)(ii)-(v) or if he or she is
    petitioning to expunge felony records of a qualified
    probation pursuant to clause (b)(1)(B)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition on the State's
    Attorney or prosecutor charged with the duty of prosecuting
    the offense, the Department of State Police, the arresting
    agency and the chief legal officer of the unit of local
    government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition
        may file an objection to the petition. All objections
        shall be in writing, shall be filed with the circuit
        court clerk, and shall state with specificity the basis
        of the objection.
            (B) Objections to a petition to expunge or seal
        must be filed within 60 days of the date of service of
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the
        charge was brought, any judge of that circuit
        designated by the Chief Judge, or in counties of less
        than 3,000,000 inhabitants, the presiding trial judge
        at the petitioner's trial, if any, shall rule on the
        petition to expunge or seal as set forth in this
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the
        Department of State Police, the arresting agency, or
        the chief legal officer files an objection to the
        petition to expunge or seal within 60 days from the
        date of service of the petition, the court shall enter
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall
    set a date for a hearing and notify the petitioner and all
    parties entitled to notice of the petition of the hearing
    date at least 30 days prior to the hearing, and shall hear
    evidence on whether the petition should or should not be
    granted, and shall grant or deny the petition to expunge or
    seal the records based on the evidence presented at the
    hearing.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the Department, to the petitioner, to the
    State's Attorney or prosecutor charged with the duty of
    prosecuting the offense, to the arresting agency, to the
    chief legal officer of the unit of local government
    effecting the arrest, and to such other criminal justice
    agencies as may be ordered by the court.
        (9) Effect of order.
            (A) Upon entry of an order to expunge records
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency,
            the Department, and any other agency as ordered by
            the court, within 60 days of the date of service of
            the order, unless a motion to vacate, modify, or
            reconsider the order is filed pursuant to
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the Department, or the agency
            receiving such inquiry, shall reply as it does in
            response to inquiries when no records ever
            existed.
            (B) Upon entry of an order to expunge records
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined
            in subsection (a)(1)(E)) by the arresting agency
            and any other agency as ordered by the court,
            within 60 days of the date of service of the order,
            unless a motion to vacate, modify, or reconsider
            the order is filed pursuant to paragraph (12) of
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk
            shall be impounded until further order of the court
            upon good cause shown and the name of the
            petitioner obliterated on the official index
            required to be kept by the circuit court clerk
            under Section 16 of the Clerks of Courts Act, but
            the order shall not affect any index issued by the
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the
            Department within 60 days of the date of service of
            the order as ordered by the court, unless a motion
            to vacate, modify, or reconsider the order is filed
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the Department only as required
            by law or to the arresting authority, the State's
            Attorney, and the court upon a later arrest for the
            same or a similar offense or for the purpose of
            sentencing for any subsequent felony, and to the
            Department of Corrections upon conviction for any
            offense; and
                (v) in response to an inquiry for such records
            from anyone not authorized by law to access such
            records the court, the Department, or the agency
            receiving such inquiry shall reply as it does in
            response to inquiries when no records ever
            existed.
            (C) Upon entry of an order to seal records under
        subsection (c), the arresting agency, any other agency
        as ordered by the court, the Department, and the court
        shall seal the records (as defined in subsection
        (a)(1)(K)). In response to an inquiry for such records
        from anyone not authorized by law to access such
        records the court, the Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
        (10) Fees. The Department may charge the petitioner a
    fee equivalent to the cost of processing any order to
    expunge or seal records. Notwithstanding any provision of
    the Clerks of Courts Act to the contrary, the circuit court
    clerk may charge a fee equivalent to the cost associated
    with the sealing or expungement of records by the circuit
    court clerk. From the total filing fee collected for the
    petition to seal or expunge, the circuit court clerk shall
    deposit $10 into the Circuit Court Clerk Operation and
    Administrative Fund, to be used to offset the costs
    incurred by the circuit court clerk in performing the
    additional duties required to serve the petition to seal or
    expunge on all parties. The circuit court clerk shall
    collect and forward the Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund.
        (11) Final Order. No court order issued under the
    expungement or sealing provisions of this Section shall
    become final for purposes of appeal until 30 days after
    service of the order on the petitioner and all parties
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. The
    petitioner or any party entitled to notice may file a
    motion to vacate, modify, or reconsider the order granting
    or denying the petition to expunge or seal within 60 days
    of service of the order.
    (e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Department be sealed until
further order of the court upon good cause shown or as
otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been pardoned but the order
shall not affect any index issued by the circuit court clerk
before the entry of the order. All records sealed by the
Department may be disseminated by the Department only as
required by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the same or
similar offense or for the purpose of sentencing for any
subsequent felony. Upon conviction for any subsequent offense,
the Department of Corrections shall have access to all sealed
records of the Department pertaining to that individual. Upon
entry of the order of expungement, the circuit court clerk
shall promptly mail a copy of the order to the person who was
pardoned.
    (f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10.)
 
    Section 930. The Sex Offender Management Board Act is
amended by changing Section 10 as follows:
 
    (20 ILCS 4026/10)
    Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
    (a) "Board" means the Sex Offender Management Board created
in Section 15.
    (b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
certified as a sexually dangerous person under the Sexually
Dangerous Persons Act or declared a sexually violent person
under the Sexually Violent Persons Commitment Act, or any
substantially similar federal law or law of another state.
    (c) "Sex offense" means any felony or misdemeanor offense
described in this subsection (c) as follows:
        (1) Indecent solicitation of a child, in violation of
    Section 11-6 of the Criminal Code of 1961;
        (2) Indecent solicitation of an adult, in violation of
    Section 11-6.5 of the Criminal Code of 1961;
        (3) Public indecency, in violation of Section 11-9 or
    11-30 of the Criminal Code of 1961;
        (4) Sexual exploitation of a child, in violation of
    Section 11-9.1 of the Criminal Code of 1961;
        (5) Sexual relations within families, in violation of
    Section 11-11 of the Criminal Code of 1961;
        (6) Promoting juvenile prostitution or soliciting
    Soliciting for a juvenile prostitute, in violation of
    Section 11-14.4 or 11-15.1 of the Criminal Code of 1961;
        (7) Promoting juvenile prostitution or keeping Keeping
    a place of juvenile prostitution, in violation of Section
    11-14.4 or 11-17.1 of the Criminal Code of 1961;
        (8) Patronizing a juvenile prostitute, in violation of
    Section 11-18.1 of the Criminal Code of 1961;
        (9) Promoting juvenile prostitution or juvenile
    Juvenile pimping, in violation of Section 11-14.4 or
    11-19.1 of the Criminal Code of 1961;
        (10) promoting juvenile prostitution or exploitation
    Exploitation of a child, in violation of Section 11-14.4 or
    11-19.2 of the Criminal Code of 1961;
        (11) Child pornography, in violation of Section
    11-20.1 of the Criminal Code of 1961;
        (11.5) Aggravated child pornography, in violation of
    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
        (12) Harmful material, in violation of Section 11-21 of
    the Criminal Code of 1961;
        (13) Criminal sexual assault, in violation of Section
    11-1.20 or 12-13 of the Criminal Code of 1961;
        (14) Aggravated criminal sexual assault, in violation
    of Section 11-1.30 or 12-14 of the Criminal Code of 1961;
        (15) Predatory criminal sexual assault of a child, in
    violation of Section 11-1.40 or 12-14.1 of the Criminal
    Code of 1961;
        (16) Criminal sexual abuse, in violation of Section
    11-1.50 or 12-15 of the Criminal Code of 1961;
        (17) Aggravated criminal sexual abuse, in violation of
    Section 11-1.60 or 12-16 of the Criminal Code of 1961;
        (18) Ritualized abuse of a child, in violation of
    Section 12-33 of the Criminal Code of 1961;
        (19) An attempt to commit any of the offenses
    enumerated in this subsection (c); or
        (20) Any felony offense under Illinois law that is
    sexually motivated.
    (d) "Management" means counseling, monitoring, and
supervision of any sex offender that conforms to the standards
created by the Board under Section 15.
    (e) "Sexually motivated" means one or more of the facts of
the underlying offense indicates conduct that is of a sexual
nature or that shows an intent to engage in behavior of a
sexual nature.
(Source: P.A. 93-616, eff. 1-1-04.)
 
    Section 935. The Illinois Police Training Act is amended by
changing Sections 6 and 6.1 as follows:
 
    (50 ILCS 705/6)  (from Ch. 85, par. 506)
    Sec. 6. Selection and certification of schools. The Board
shall select and certify schools within the State of Illinois
for the purpose of providing basic training for probationary
police officers, probationary county corrections officers, and
court security officers and of providing advanced or in-service
training for permanent police officers or permanent county
corrections officers, which schools may be either publicly or
privately owned and operated. In addition, the Board has the
following power and duties:
        a. To require local governmental units to furnish such
    reports and information as the Board deems necessary to
    fully implement this Act.
        b. To establish appropriate mandatory minimum
    standards relating to the training of probationary local
    law enforcement officers or probationary county
    corrections officers.
        c. To provide appropriate certification to those
    probationary officers who successfully complete the
    prescribed minimum standard basic training course.
        d. To review and approve annual training curriculum for
    county sheriffs.
        e. To review and approve applicants to ensure no
    applicant is admitted to a certified academy unless the
    applicant is a person of good character and has not been
    convicted of a felony offense, any of the misdemeanors in
    Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
    12-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7,
    32-4a, or 32-7 of the Criminal Code of 1961, subdivision
    (a)(1) or (a)(2)(C) of Section 11-14.3 of the Criminal Code
    of 1961, or Section 5 or 5.2 of the Cannabis Control Act,
    or a crime involving moral turpitude under the laws of this
    State or any other state which if committed in this State
    would be punishable as a felony or a crime of moral
    turpitude. The Board may appoint investigators who shall
    enforce the duties conferred upon the Board by this Act.
(Source: P.A. 91-495, eff. 1-1-00.)
 
    (50 ILCS 705/6.1)
    Sec. 6.1. Decertification of full-time and part-time
police officers.
    (a) The Board must review police officer conduct and
records to ensure that no police officer is certified or
provided a valid waiver if that police officer has been
convicted of a felony offense under the laws of this State or
any other state which if committed in this State would be
punishable as a felony. The Board must also ensure that no
police officer is certified or provided a valid waiver if that
police officer has been convicted on or after the effective
date of this amendatory Act of 1999 of any misdemeanor
specified in this Section or if committed in any other state
would be an offense similar to Section 11-1.50, 11-6, 11-9.1,
11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3, 29-1,
31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of 1961,
to subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961, or to Section 5 or 5.2 of the Cannabis
Control Act. The Board must appoint investigators to enforce
the duties conferred upon the Board by this Act.
    (b) It is the responsibility of the sheriff or the chief
executive officer of every local law enforcement agency or
department within this State to report to the Board any arrest
or conviction of any officer for an offense identified in this
Section.
    (c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest or conviction for an
offense identified in this Section. Any full-time or part-time
police officer who knowingly makes, submits, causes to be
submitted, or files a false or untruthful report to the Board
must have his or her certificate or waiver immediately
decertified or revoked.
    (d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests or convictions in this Section as long
as the information is submitted, disclosed, or released in good
faith and without malice. The Board has qualified immunity for
the release of the information.
    (e) Any full-time or part-time police officer with a
certificate or waiver issued by the Board who is convicted of
any offense described in this Section immediately becomes
decertified or no longer has a valid waiver. The
decertification and invalidity of waivers occurs as a matter of
law. Failure of a convicted person to report to the Board his
or her conviction as described in this Section or any continued
law enforcement practice after receiving a conviction is a
Class 4 felony.
    (f) The Board's investigators are peace officers and have
all the powers possessed by policemen in cities and by
sheriff's, provided that the investigators may exercise those
powers anywhere in the State, only after contact and
cooperation with the appropriate local law enforcement
authorities.
    (g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Department of State Police must process,
retain, and additionally provide and disseminate information
to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
before, on, or after the effective date of this amendatory Act
of the 91st General Assembly against a basic academy applicant,
law enforcement applicant, or law enforcement officer whose
fingerprint identification cards are on file or maintained by
the Department of State Police. The Federal Bureau of
Investigation must provide the Board any criminal history
record information contained in its files pertaining to law
enforcement officers or any applicant to a Board certified
basic law enforcement academy as described in this Act based on
fingerprint identification. The Board must make payment of fees
to the Department of State Police for each fingerprint card
submission in conformance with the requirements of paragraph 22
of Section 55a of the Civil Administrative Code of Illinois.
    (h) A police officer who has been certified or granted a
valid waiver shall also be decertified or have his or her
waiver revoked upon a determination by the Illinois Labor
Relations Board State Panel that he or she, while under oath,
has knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder. If
an appeal is filed, the determination shall be stayed.
        (1) In the case of an acquittal on a charge of murder,
    a verified complaint may be filed:
            (A) by the defendant; or
            (B) by a police officer with personal knowledge of
        perjured testimony.
        The complaint must allege that a police officer, while
    under oath, knowingly and willfully made false statements
    as to a material fact going to an element of the offense of
    murder. The verified complaint must be filed with the
    Executive Director of the Illinois Law Enforcement
    Training Standards Board within 2 years of the judgment of
    acquittal.
        (2) Within 30 days, the Executive Director of the
    Illinois Law Enforcement Training Standards Board shall
    review the verified complaint and determine whether the
    verified complaint is frivolous and without merit, or
    whether further investigation is warranted. The Illinois
    Law Enforcement Training Standards Board shall notify the
    officer and the Executive Director of the Illinois Labor
    Relations Board State Panel of the filing of the complaint
    and any action taken thereon. If the Executive Director of
    the Illinois Law Enforcement Training Standards Board
    determines that the verified complaint is frivolous and
    without merit, it shall be dismissed. The Executive
    Director of the Illinois Law Enforcement Training
    Standards Board has sole discretion to make this
    determination and this decision is not subject to appeal.
    (i) If the Executive Director of the Illinois Law
Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators created
for this purpose. This task force shall consist of 8 sworn
police officers: 2 from the Illinois State Police, 2 from the
City of Chicago Police Department, 2 from county police
departments, and 2 from municipal police departments. These
investigators shall have a minimum of 5 years of experience in
conducting criminal investigations. The investigators shall be
appointed by the Executive Director of the Illinois Law
Enforcement Training Standards Board. Any officer or officers
acting in this capacity pursuant to this statutory provision
will have statewide police authority while acting in this
investigative capacity. Their salaries and expenses for the
time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training
Standards Board.
    (j) Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the verified
complaint and shall write a report of his or her findings. This
report shall be submitted to the Executive Director of the
Illinois Labor Relations Board State Panel.
    Within 30 days, the Executive Director of the Illinois
Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this dismissal
may not be appealed.
    If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.
    (k) In the case of a finding of guilt on the offense of
murder, if a new trial is granted on direct appeal, or a state
post-conviction evidentiary hearing is ordered, based on a
claim that a police officer, under oath, knowingly and
willfully made false statements as to a material fact going to
an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified if an interested
party requests such a hearing within 2 years of the court's
decision. The complaint shall be assigned to an administrative
law judge within 30 days so that a hearing can be scheduled.
    At the hearing, the accused officer shall be afforded the
opportunity to:
        (1) Be represented by counsel of his or her own
    choosing;
        (2) Be heard in his or her own defense;
        (3) Produce evidence in his or her defense;
        (4) Request that the Illinois Labor Relations Board
    State Panel compel the attendance of witnesses and
    production of related documents including but not limited
    to court documents and records.
    Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified complaint
at the hearing before the administrative law judge. The
Department of Professional Regulation shall have the
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to,
court documents and records. The Illinois Labor Relations Board
State Panel shall have the power to issue subpoenas requiring
the attendance of and testimony of witnesses and the production
of related documents including, but not limited to, court
documents and records and shall have the power to administer
oaths.
    The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the allegations
made by the person filing the verified complaint and, at the
close of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence to
support the verified complaint that the police officer has,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder, the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police officer
has, while under oath, knowingly and willfully made false
statements as to a material fact that goes to an element of the
offense of murder, the administrative law judge shall make a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be transcribed.
The Executive Director of the Illinois Law Enforcement Training
Standards Board shall be informed of the administrative law
judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the
recommendation.
    (l) An officer named in any complaint filed pursuant to
this Act shall be indemnified for his or her reasonable
attorney's fees and costs by his or her employer. These fees
shall be paid in a regular and timely manner. The State, upon
application by the public employer, shall reimburse the public
employer for the accused officer's reasonable attorney's fees
and costs. At no time and under no circumstances will the
accused officer be required to pay his or her own reasonable
attorney's fees or costs.
    (m) The accused officer shall not be placed on unpaid
status because of the filing or processing of the verified
complaint until there is a final non-appealable order
sustaining his or her guilt and his or her certification is
revoked. Nothing in this Act, however, restricts the public
employer from pursuing discipline against the officer in the
normal course and under procedures then in place.
    (n) The Illinois Labor Relations Board State Panel shall
review the administrative law judge's recommended decision and
order and determine by a majority vote whether or not there was
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as to
a material fact going to the offense of murder. Within 30 days
of service of the administrative law judge's recommended
decision and order, the parties may file exceptions to the
recommended decision and order and briefs in support of their
exceptions with the Illinois Labor Relations Board State Panel.
The parties may file responses to the exceptions and briefs in
support of the responses no later than 15 days after the
service of the exceptions. If exceptions are filed by any of
the parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold, vacate,
or modify the recommended decision and order. If the Illinois
Labor Relations Board State Panel concludes that there is clear
and convincing evidence that the accused officer, while under
oath, knowingly and willfully made false statements as to a
material fact going to an element of the offense murder, the
Illinois Labor Relations Board State Panel shall inform the
Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke
the accused officer's certification. If the accused officer
appeals that determination to the Appellate Court, as provided
by this Act, he or she may petition the Appellate Court to stay
the revocation of his or her certification pending the court's
review of the matter.
    (o) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent in
any of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the Illinois Labor Relations Board State
Panel or the courts.
    (p) A party aggrieved by the final order of the Illinois
Labor Relations Board State Panel may apply for and obtain
judicial review of an order of the Illinois Labor Relations
Board State Panel, in accordance with the provisions of the
Administrative Review Law, except that such judicial review
shall be afforded directly in the Appellate Court for the
district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
    (q) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder may file a verified complaint pursuant to this Section.
For purposes of this Section, "interested parties" shall be
limited to the defendant and any police officer who has
personal knowledge that the police officer who is the subject
of the complaint has, while under oath, knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder.
    (r) Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:
        (1) the number of verified complaints received since
    the date of the last report;
        (2) the number of investigations initiated since the
    date of the last report;
        (3) the number of investigations concluded since the
    date of the last report;
        (4) the number of investigations pending as of the
    reporting date;
        (5) the number of hearings held since the date of the
    last report; and
        (6) the number of officers decertified since the date
    of the last report.
(Source: P.A. 93-605, eff. 11-19-03; 93-655, eff. 1-20-04.)
 
    Section 940. The Illinois Municipal Code is amended by
changing Sections 10-1-7 and 10-2.1-6 as follows:
 
    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
    Sec. 10-1-7. Examination of applicants; disqualifications.
    (a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
    (b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
    (c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
of Section 24-1 of the Criminal Code of 1961 or arrested for
any cause but not convicted on that cause shall be disqualified
from taking the examination on grounds of habits or moral
character, unless the person is attempting to qualify for a
position on the police department, in which case the conviction
or arrest may be considered as a factor in determining the
person's habits or moral character.
    (d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer under Section 3.1-30-20
for at least 5 years and is under 40 years of age.
    (e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
    (f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.
    (g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of
the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations. The commission
may at any time substitute any other person, whether or not in
the service of the municipality, in the place of any one
selected as an examiner. The commission members may themselves
at any time act as examiners without appointing examiners. The
examiners at any examination shall not all be members of the
same political party.
    (h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
    (i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
    (j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he or
she reaches 21 years of age.
    (k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
    (l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a certified paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
certification.
(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
 
    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
    Sec. 10-2.1-6. Examination of applicants;
disqualifications.
    (a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may not
charge or collect any fee from an applicant who has met all
prequalification standards established by the municipality for
any such position. With respect to a police department, a
veteran shall be allowed to exceed the maximum age provision of
this Section by the number of years served on active military
duty, but by no more than 10 years of active military duty.
    (b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his period of service for that municipality,
or be made a condition of promotion, except for the rank or
position of Fire or Police Chief.
    (c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
of Section 24-1 of the Criminal Code of 1961 or arrested for
any cause but not convicted on that cause shall be disqualified
from taking the examination to qualify for a position in the
fire department on grounds of habits or moral character.
    (d) The age limitation in subsection (a) does not apply (i)
to any person previously employed as a policeman or fireman in
a regularly constituted police or fire department of (I) any
municipality, regardless of whether the municipality is
located in Illinois or in another state, or (II) a fire
protection district whose obligations were assumed by a
municipality under Section 21 of the Fire Protection District
Act, (ii) to any person who has served a municipality as a
regularly enrolled volunteer fireman for 5 years immediately
preceding the time that municipality begins to use full time
firemen to provide all or part of its fire protection service,
or (iii) to any person who has served as an auxiliary police
officer under Section 3.1-30-20 for at least 5 years and is
under 40 years of age, (iv) to any person who has served as a
deputy under Section 3-6008 of the Counties Code and otherwise
meets necessary training requirements, or (v) to any person who
has served as a sworn officer as a member of the Illinois
Department of State Police.
    (e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at an
accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to
active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
    (f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality may be considered for appointment to
active duty with the fire department of any municipality.
    (g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
    (h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed to
the police or fire department if he or she does not possess a
high school diploma or an equivalent high school education. A
board of fire and police commissioners may, by its rules,
require police applicants to have obtained an associate's
degree or a bachelor's degree as a prerequisite for employment.
The examinations shall include tests of physical
qualifications and health. A board of fire and police
commissioners may, by its rules, waive portions of the required
examination for police applicants who have previously been
full-time sworn officers of a regular police department in any
municipal, county, university, or State law enforcement
agency, provided they are certified by the Illinois Law
Enforcement Training Standards Board and have been with their
respective law enforcement agency within the State for at least
2 years. No person shall be appointed to the police or fire
department if he or she has suffered the amputation of any limb
unless the applicant's duties will be only clerical or as a
radio operator. No applicant shall be examined concerning his
or her political or religious opinions or affiliations. The
examinations shall be conducted by the board of fire and police
commissioners of the municipality as provided in this Division
2.1.
    (i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
    (j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude. No
person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
subsections (1), (6) and (8) of Section 24-1 of the Criminal
Code of 1961 or arrest for any cause without conviction on that
cause. Any such person who is in the department may be removed
on charges brought and after a trial as provided in this
Division 2.1.
(Source: P.A. 95-165, eff. 1-1-08; 95-931, eff. 1-1-09; 96-472,
eff. 8-14-09.)
 
    Section 945. The Fire Protection District Act is amended by
changing Section 16.06 as follows:
 
    (70 ILCS 705/16.06)  (from Ch. 127 1/2, par. 37.06)
    Sec. 16.06. Eligibility for positions in fire department;
disqualifications.
    (a) All applicants for a position in the fire department of
the fire protection district shall be under 35 years of age and
shall be subjected to examination, which shall be public,
competitive, and free to all applicants, subject to reasonable
limitations as to health, habits, and moral character; provided
that the foregoing age limitation shall not apply in the case
of any person having previous employment status as a fireman in
a regularly constituted fire department of any fire protection
district, and further provided that each fireman or fire chief
who is a member in good standing in a regularly constituted
fire department of any municipality which shall be or shall
have subsequently been included within the boundaries of any
fire protection district now or hereafter organized shall be
given a preference for original appointment in the same class,
grade or employment over all other applicants. The examinations
shall be practical in their character and shall relate to those
matters which will fairly test the persons examined as to their
relative capacity to discharge the duties of the positions to
which they seek appointment. The examinations shall include
tests of physical qualifications and health. No applicant,
however, shall be examined concerning his political or
religious opinions or affiliations. The examinations shall be
conducted by the board of fire commissioners.
    In any fire protection district that employs full-time
firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular
appointment under the provisions of this Section shall not be
used as a temporary or permanent substitute for certificated
members of a fire district's fire department or for regular
appointment as a certificated member of a fire district's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Fire protection districts
covered by the changes made by this amendatory Act of the 95th
General Assembly that are using non-certificated employees as
substitutes immediately prior to the effective date of this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining.
    (b) No person shall be appointed to the fire department
unless he or she is a person of good character and not a person
who has been convicted of a felony in Illinois or convicted in
another jurisdiction for conduct that would be a felony under
Illinois law, or convicted of a crime involving moral
turpitude. No person, however, shall be disqualified from
appointment to the fire department because of his or her record
of misdemeanor convictions, except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
11-14.3, and subsections (1), (6), and (8) of Section 24-1 of
the Criminal Code of 1961.
(Source: P.A. 95-490, eff. 6-1-08.)
 
    Section 950. The Park District Code is amended by changing
Section 8-23 as follows:
 
    (70 ILCS 1205/8-23)
    Sec. 8-23. Criminal background investigations.
    (a) An applicant for employment with a park district is
required as a condition of employment to authorize an
investigation to determine if the applicant has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has been convicted, within 7
years of the application for employment with the park district,
of any other felony under the laws of this State or of any
offense committed or attempted in any other state or against
the laws of the United States that, if committed or attempted
in this State, would have been punishable as a felony under the
laws of this State. Authorization for the investigation shall
be furnished by the applicant to the park district. Upon
receipt of this authorization, the park district shall submit
the applicant's name, sex, race, date of birth, and social
security number to the Department of State Police on forms
prescribed by the Department of State Police. The Department of
State Police shall conduct a search of the Illinois criminal
history records database to ascertain if the applicant being
considered for employment has been convicted of committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the park district, any
other felony under the laws of this State. The Department of
State Police shall charge the park district a fee for
conducting the investigation, which fee shall be deposited in
the State Police Services Fund and shall not exceed the cost of
the inquiry. The applicant shall not be charged a fee by the
park district for the investigation.
    (b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the park district, any
other felony under the laws of this State, the Department of
State Police and the Federal Bureau of Investigation shall
furnish, pursuant to a fingerprint based background check,
records of convictions, until expunged, to the president of the
park district. Any information concerning the record of
convictions obtained by the president shall be confidential and
may only be transmitted to those persons who are necessary to
the decision on whether to hire the applicant for employment. A
copy of the record of convictions obtained from the Department
of State Police shall be provided to the applicant for
employment. Any person who releases any confidential
information concerning any criminal convictions of an
applicant for employment shall be guilty of a Class A
misdemeanor, unless the release of such information is
authorized by this Section.
    (c) No park district shall knowingly employ a person who
has been convicted for committing attempted first degree murder
or for committing or attempting to commit first degree murder,
a Class X felony, or any one or more of the following offenses:
(i) those defined in Sections 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15,
11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20,
11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961; (ii)
those defined in the Cannabis Control Act, except those defined
in Sections 4(a), 4(b), and 5(a) of that Act; (iii) those
defined in the Illinois Controlled Substances Act; (iv) those
defined in the Methamphetamine Control and Community
Protection Act; and (v) any offense committed or attempted in
any other state or against the laws of the United States,
which, if committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses. Further,
no park district shall knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. No park district
shall knowingly employ a person for whom a criminal background
investigation has not been initiated.
(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
    Section 955. The Chicago Park District Act is amended by
changing Section 16a-5 as follows:
 
    (70 ILCS 1505/16a-5)
    Sec. 16a-5. Criminal background investigations.
    (a) An applicant for employment with the Chicago Park
District is required as a condition of employment to authorize
an investigation to determine if the applicant has been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has been convicted, within 7
years of the application for employment with the Chicago Park
District, of any other felony under the laws of this State or
of any offense committed or attempted in any other state or
against the laws of the United States that, if committed or
attempted in this State, would have been punishable as a felony
under the laws of this State. Authorization for the
investigation shall be furnished by the applicant to the
Chicago Park District. Upon receipt of this authorization, the
Chicago Park District shall submit the applicant's name, sex,
race, date of birth, and social security number to the
Department of State Police on forms prescribed by the
Department of State Police. The Department of State Police
shall conduct a search of the Illinois criminal history record
information database to ascertain if the applicant being
considered for employment has been convicted of committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has been
convicted, of committing or attempting to commit within 7 years
of the application for employment with the Chicago Park
District, any other felony under the laws of this State. The
Department of State Police shall charge the Chicago Park
District a fee for conducting the investigation, which fee
shall be deposited in the State Police Services Fund and shall
not exceed the cost of the inquiry. The applicant shall not be
charged a fee by the Chicago Park District for the
investigation.
    (b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or has been
convicted of committing or attempting to commit, within 7 years
of the application for employment with the Chicago Park
District, any other felony under the laws of this State, the
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
background check, records of convictions, until expunged, to
the General Superintendent and Chief Executive Officer of the
Chicago Park District. Any information concerning the record of
convictions obtained by the General Superintendent and Chief
Executive Officer shall be confidential and may only be
transmitted to those persons who are necessary to the decision
on whether to hire the applicant for employment. A copy of the
record of convictions obtained from the Department of State
Police shall be provided to the applicant for employment. Any
person who releases any confidential information concerning
any criminal convictions of an applicant for employment shall
be guilty of a Class A misdemeanor, unless the release of such
information is authorized by this Section.
    (c) The Chicago Park District may not knowingly employ a
person who has been convicted for committing attempted first
degree murder or for committing or attempting to commit first
degree murder, a Class X felony, or any one or more of the
following offenses: (i) those defined in Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14,
11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19,
11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21,
11-30, 12-13, 12-14, 12-14.1, 12-15, and 12-16 of the Criminal
Code of 1961; (ii) those defined in the Cannabis Control Act,
except those defined in Sections 4(a), 4(b), and 5(a) of that
Act; (iii) those defined in the Illinois Controlled Substances
Act; (iv) those defined in the Methamphetamine Control and
Community Protection Act; and (v) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.
Further, the Chicago Park District may not knowingly employ a
person who has been found to be the perpetrator of sexual or
physical abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
The Chicago Park District may not knowingly employ a person for
whom a criminal background investigation has not been
initiated.
(Source: P.A. 93-418, eff. 1-1-04; 94-556, eff. 9-11-05.)
 
    Section 960. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
 
    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
    Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
12-16, 12-16.1, 18-1, 18-2, 20-1, 20-1.1, 31A-1, 31A-1.1, and
33A-2, and in subsection (a) and subsection (b), clause (1), of
Section 12-4 of the Criminal Code of 1961; (ii) those offenses
defined in the Cannabis Control Act except those offenses
defined in subsections (a) and (b) of Section 4, and subsection
(a) of Section 5 of the Cannabis Control Act (iii) those
offenses defined in the Illinois Controlled Substances Act;
(iv) those offenses defined in the Methamphetamine Control and
Community Protection Act; and (v) any offense committed or
attempted in any other state or against the laws of the United
States, which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses. Upon
receipt of this authorization, the private carrier company
shall submit the applicant's name, sex, race, date of birth,
fingerprints and social security number to the Department of
State Police on forms prescribed by the Department. The
Department of State Police shall conduct an investigation to
ascertain if the applicant has been convicted of any of the
above enumerated offenses. The Department shall charge the
private carrier company a fee for conducting the investigation,
which fee shall be deposited in the State Police Services Fund
and shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such investigation by the
private carrier company. The Department of State Police shall
furnish, pursuant to positive identification, records of
convictions, until expunged, to the private carrier company
which requested the investigation. A copy of the record of
convictions obtained from the Department shall be provided to
the applicant. Any record of conviction received by the private
carrier company shall be confidential. Any person who releases
any confidential information concerning any criminal
convictions of an applicant shall be guilty of a Class A
misdemeanor, unless authorized by this Section.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 965. The School Code is amended by changing
Sections 2-3.147, 10-22.39, 21-23a, 34-2.1, and 34-84b as
follows:
 
    (105 ILCS 5/2-3.147)
    Sec. 2-3.147. The Ensuring Success in School Task Force.
    (a) In this Section:
    "Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act of
1986.
    "Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15,
and 12-16, including sexual violence committed by perpetrators
who are strangers to the victim and sexual violence committed
by perpetrators who are known or related by blood or marriage
to the victim.
    (b) The State Board of Education shall convene an Ensuring
Success in School Task Force to develop policies, procedures,
and protocols to be adopted by school districts for addressing
the educational and related needs of children and youth who are
parents, expectant parents, or victims of domestic or sexual
violence to ensure their ability to stay in school, stay safe
while in school, and successfully complete their education. The
State Board of Education shall be the agency responsible for
providing staff and administrative support to the task force.
    (c) The Ensuring Success in School Task Force shall do all
of the following:
        (1) Conduct a thorough examination of the barriers to
    school attendance, safety, and completion for children and
    youth who are parents, expectant parents, or victims of
    domestic or sexual violence.
        (2) Conduct a discovery process that includes relevant
    research and the identification of effective policies,
    protocols, and programs within this State and elsewhere.
        (3) Conduct meetings and public hearings in
    geographically diverse locations throughout the State to
    ensure the maximum input from area advocates and service
    providers, from local education agencies, and from
    children and youth who are parents, expectant parents, or
    victims of domestic or sexual violence and their parents or
    guardians.
        (4) Establish and adhere to procedures and protocols to
    allow children and youth who are parents, expectant
    parents, or victims of domestic or sexual violence, their
    parents or guardians, and advocates who work on behalf of
    such children and youth to participate in the task force
    anonymously and confidentially.
        (5) Invite the testimony of and confer with experts on
    relevant topics.
        (6) Produce a report of the task force's findings on
    best practices and policies, which shall include a plan
    with a phased and prioritized implementation timetable
    with focus on ensuring the successful and safe completion
    of school for children and youth who are parents, expectant
    parents, or victims of domestic or sexual violence. The
    task force shall submit a report to the General Assembly on
    or before December 1, 2009 on its findings,
    recommendations, and implementation plan. Any task force
    reports shall be published on the State Board of
    Education's Internet website on the date the report is
    delivered to the General Assembly.
        (7) Recommend new legislation or proposed rules
    developed by the task force.
    (d) The President of the Senate and the Speaker of the
House of Representatives shall each appoint one co-chairperson
of the Ensuring Success in School Task Force. In addition to
the 2 co-chairpersons, the task force shall be comprised of
each of the following members, appointed by the State Board of
Education, and shall be representative of the geographic,
racial, ethnic, and cultural diversity of this State:
        (1) A representative of a statewide nonprofit,
    nongovernmental domestic violence organization.
        (2) A domestic violence victims' advocate or service
    provider from a different nonprofit, nongovernmental
    domestic violence organization.
        (3) A representative of a statewide nonprofit,
    nongovernmental sexual assault organization.
        (4) A sexual assault victims' advocate or service
    provider from a different nonprofit, nongovernmental
    sexual assault organization.
        (5) A teen parent advocate or service provider from a
    nonprofit, nongovernmental organization.
        (6) A school social worker.
        (7) A school psychologist.
        (8) A school counselor.
        (9) A representative of a statewide professional
    teachers' organization.
        (10) A representative of a different statewide
    professional teachers' organization.
        (11) A representative of a statewide organization that
    represents school boards.
        (12) A representative of a statewide organization
    representing principals.
        (13) A representative of City of Chicago School
    District 299.
        (14) A representative of a nonprofit, nongovernmental
    youth services provider.
        (15) A representative of a statewide nonprofit,
    nongovernmental multi-issue advocacy organization with
    expertise in a cross-section of relevant issues.
        (16) An alternative education service provider.
        (17) A representative from a regional office of
    education.
        (18) A truancy intervention services provider.
        (19) A youth who is a parent or expectant parent
    directly affected by the issues, problems, and concerns of
    staying in school and successfully completing his or her
    education through high school.
        (20) A youth who is a victim of domestic or sexual
    violence directly affected by the issues, problems, and
    concerns of staying in school and successfully completing
    his or her education.
        (21) A parent or guardian of a child or youth who is a
    parent or expectant parent directly affected by the issues,
    problems, and concerns of staying in school and
    successfully completing his or her education.
        (22) A parent or guardian of a child or youth who is a
    victim of domestic or sexual violence directly affected by
    the issues, problems, and concerns of staying in school and
    successfully completing his or her education.
The task force shall also consist of one member appointed by
the Minority Leader of the Senate, one member appointed by the
Minority Leader of the House of Representatives, the State
Superintendent of Education, the Secretary of Human Services,
the Director of Healthcare and Family Services, the Director of
Children and Family Services, and the Director of Public Health
or their designees.
    (e) Members of the Ensuring Success in School Task Force
shall receive no compensation for their participation, but may
be reimbursed by the State Board of Education for expenses in
connection with their participation, including travel, if
funds are available. However, members of the task force who are
youth who are parents, expectant parents, or victims of
domestic or sexual violence and the parents or guardians of
such youth shall be reimbursed for their travel expenses
connected to their participation in the task force.
(Source: P.A. 95-558, eff. 8-30-07; 95-876, eff. 8-21-08;
96-364, eff. 8-13-09.)
 
    (105 ILCS 5/10-22.39)
    Sec. 10-22.39. In-service training programs.
    (a) To conduct in-service training programs for teachers.
    (b) In addition to other topics at in-service training
programs, school guidance counselors, teachers, school social
workers, and other school personnel who work with pupils in
grades 7 through 12 shall be trained to identify the warning
signs of suicidal behavior in adolescents and teens and shall
be taught appropriate intervention and referral techniques.
    (c) School guidance counselors, nurses, teachers and other
school personnel who work with pupils may be trained to have a
basic knowledge of matters relating to acquired
immunodeficiency syndrome (AIDS), including the nature of the
disease, its causes and effects, the means of detecting it and
preventing its transmission, and the availability of
appropriate sources of counseling and referral, and any other
information that may be appropriate considering the age and
grade level of such pupils. The School Board shall supervise
such training. The State Board of Education and the Department
of Public Health shall jointly develop standards for such
training.
    (d) In this subsection (d):
    "Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act of
1986.
    "Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-7.3, 12-7.4, 12-7.5, 12-12, 12-13, 12-14, 12-14.1, 12-15,
and 12-16, including sexual violence committed by perpetrators
who are strangers to the victim and sexual violence committed
by perpetrators who are known or related by blood or marriage
to the victim.
    At least once every 2 years, an in-service training program
for school personnel who work with pupils, including, but not
limited to, school and school district administrators,
teachers, school guidance counselors, school social workers,
school counselors, school psychologists, and school nurses,
must be conducted by persons with expertise in domestic and
sexual violence and the needs of expectant and parenting youth
and shall include training concerning (i) communicating with
and listening to youth victims of domestic or sexual violence
and expectant and parenting youth, (ii) connecting youth
victims of domestic or sexual violence and expectant and
parenting youth to appropriate in-school services and other
agencies, programs, and services as needed, and (iii)
implementing the school district's policies, procedures, and
protocols with regard to such youth, including
confidentiality. At a minimum, school personnel must be trained
to understand, provide information and referrals, and address
issues pertaining to youth who are parents, expectant parents,
or victims of domestic or sexual violence.
    (e) At least every 2 years, an in-service training program
for school personnel who work with pupils must be conducted by
persons with expertise in anaphylactic reactions and
management.
    (f) At least once every 2 years, a school board shall
conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.
(Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09;
96-431, eff. 8-13-09; 96-951, eff. 6-28-10; 96-1000, eff.
7-2-10.)
 
    (105 ILCS 5/21-23a)  (from Ch. 122, par. 21-23a)
    Sec. 21-23a. Conviction of certain offenses as grounds for
revocation of certificate.
    (a) Whenever the holder of any certificate issued pursuant
to this Article has been convicted of any sex offense or
narcotics offense as defined in this Section, the State
Superintendent of Education shall forthwith suspend the
certificate. If the conviction is reversed and the holder is
acquitted of the offense in a new trial or the charges against
him are dismissed, the suspending authority shall forthwith
terminate the suspension of the certificate. When the
conviction becomes final, the State Superintendent of
Education shall forthwith revoke the certificate. "Sex
offense" as used in this Section means any one or more of the
following offenses: (1) any offense defined in Sections 11-6,
and 11-9 through 11-9.5, inclusive, and 11-30, Sections 11-14
through 11-21, inclusive, Sections 11-23 (if punished as a
Class 3 felony), 11-24, 11-25, and 11-26, and Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-32, and 12-33 of the Criminal Code of
1961; (2) any attempt to commit any of the foregoing offenses,
and (3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses. "Narcotics
offense" as used in this Section means any one or more of the
following offenses: (1) any offense defined in the Cannabis
Control Act, except those defined in Sections 4(a), 4(b) and
5(a) of that Act and any offense for which the holder of any
certificate is placed on probation under the provisions of
Section 10 of that Act, provided that if the terms and
conditions of probation required by the court are not
fulfilled, the offense is not eligible for this exception; (2)
any offense defined in the Illinois Controlled Substances Act,
except any offense for which the holder of any certificate is
placed on probation under the provisions of Section 410 of that
Act, provided that if the terms and conditions of probation
required by the court are not fulfilled, the offense is not
eligible for this exception; (3) any offense defined in the
Methamphetamine Control and Community Protection Act, except
any offense for which the holder of any certificate is placed
on probation under the provision of Section 70 of that Act,
provided that if the terms and conditions of probation required
by the court are not fulfilled, the offense is not eligible for
this exception; (4) any attempt to commit any of the foregoing
offenses; and (5) any offense committed or attempted in any
other state or against the laws of the United States which, if
committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses. The
changes made by this amendatory Act of the 96th General
Assembly to the definition of "narcotics offense" in this
subsection (a) are declaratory of existing law.
    (b) Whenever the holder of a certificate issued pursuant to
this Article has been convicted of first degree murder,
attempted first degree murder, conspiracy to commit first
degree murder, attempted conspiracy to commit first degree
murder, or a Class X felony or any offense committed or
attempted in any other state or against the laws of the United
States that, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses,
the State Superintendent of Education shall forthwith suspend
the certificate. If the conviction is reversed and the holder
is acquitted of that offense in a new trial or the charges that
he or she committed that offense are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the certificate. When the conviction becomes
final, the State Superintendent of Education shall forthwith
revoke the certificate.
(Source: P.A. 96-431, eff. 8-13-09.)
 
    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
    Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
    (a) A local school council shall be established for each
attendance center within the school district. Each local school
council shall consist of the following 12 voting members: the
principal of the attendance center, 2 teachers employed and
assigned to perform the majority of their employment duties at
the attendance center, 6 parents of students currently enrolled
at the attendance center, one employee of the school district
employed and assigned to perform the majority of his or her
employment duties at the attendance center who is not a
teacher, and 2 community residents. Neither the parents nor the
community residents who serve as members of the local school
council shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 13 voting members -- the 12 voting members described
above and one full-time student member, appointed as provided
in subsection (m) below. In the event that the chief executive
officer of the Chicago School Reform Board of Trustees
determines that a local school council is not carrying out its
financial duties effectively, the chief executive officer is
authorized to appoint a representative of the business
community with experience in finance and management to serve as
an advisor to the local school council for the purpose of
providing advice and assistance to the local school council on
fiscal matters. The advisor shall have access to relevant
financial records of the local school council. The advisor may
attend executive sessions. The chief executive officer shall
issue a written policy defining the circumstances under which a
local school council is not carrying out its financial duties
effectively.
    (b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council who
shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in this
amendatory Act of 1991. The Mayor's appointments shall not
require approval by the City Council.
    The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
    (c) Beginning with the 1995-1996 school year and in every
even-numbered year thereafter, the Board shall set second
semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round
schools for the same dates as the remainder of the school
system. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
    (d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
        (i) The elected members of each local school council
    shall consist of the 6 parent members and the 2 community
    resident members.
        (ii) Each elected member shall be elected by the
    eligible voters of that attendance center to serve for a
    two-year term commencing on July 1 immediately following
    the election described in subsection (c). Eligible voters
    for each attendance center shall consist of the parents and
    community residents for that attendance center.
        (iii) Each eligible voter shall be entitled to cast one
    vote for up to a total of 5 candidates, irrespective of
    whether such candidates are parent or community resident
    candidates.
        (iv) Each parent voter shall be entitled to vote in the
    local school council election at each attendance center in
    which he or she has a child currently enrolled. Each
    community resident voter shall be entitled to vote in the
    local school council election at each attendance center for
    which he or she resides in the applicable attendance area
    or voting district, as the case may be.
        (v) Each eligible voter shall be entitled to vote once,
    but not more than once, in the local school council
    election at each attendance center at which the voter is
    eligible to vote.
        (vi) The 2 teacher members and the non-teacher employee
    member of each local school council shall be appointed as
    provided in subsection (l) below each to serve for a
    two-year term coinciding with that of the elected parent
    and community resident members.
        (vii) At secondary attendance centers, the voting
    student member shall be appointed as provided in subsection
    (m) below to serve for a one-year term coinciding with the
    beginning of the terms of the elected parent and community
    members of the local school council.
    (e) The Council shall publicize the date and place of the
election by posting notices at the attendance center, in public
places within the attendance boundaries of the attendance
center and by distributing notices to the pupils at the
attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters.
    (f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date, persons
eligible to run for the Council shall submit their name, date
of birth, social security number, if available, and some
evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or
she ever has been convicted of any of the offenses specified in
subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be
deemed to require the disclosure of any information that is
contained in any law enforcement record or juvenile court
record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile Court Act of 1987. Failure to make such
disclosure shall render a person ineligible for election or to
serve on the local school council. The same disclosure shall be
required of persons under consideration for appointment to the
Council pursuant to subsections (l) and (m) of this Section.
    (f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall be
ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
Section 11-14.3, of the Criminal Code of 1961 or (ii) any
offense committed or attempted in any other state or against
the laws of the United States, which, if committed or attempted
in this State, would have been punishable as one or more of the
foregoing offenses. Notwithstanding disclosure, a person who
has been convicted of any of the following offenses within the
10 years previous to the date of nomination or appointment
shall be ineligible for election or appointment to a local
school council: (i) those defined in Section 401.1, 405.1, or
405.2 of the Illinois Controlled Substances Act or (ii) any
offense committed or attempted in any other state or against
the laws of the United States, which, if committed or attempted
in this State, would have been punishable as one or more of the
foregoing offenses.
    Immediately upon election or appointment, incoming local
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Department of State
Police in the same manner as provided for in Section 34-18.5.
However, notwithstanding Section 34-18.5, the social security
number shall be provided only if available. If it is determined
at any time that a local school council member or member-elect
has been convicted of any of the offenses enumerated in this
Section or failed to disclose a conviction of any of the
offenses enumerated in Section 34-18.5, the general
superintendent shall notify the local school council member or
member-elect of such determination and the local school council
member or member-elect shall be removed from the local school
council by the Board, subject to a hearing, convened pursuant
to Board rule, prior to removal.
    (g) At least one week before the election date, the Council
shall publicize, in the manner provided in subsection (e), the
names of persons nominated for election.
    (h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
    (i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the
Council shall determine the winner by lot.
    (j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
    (k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure that,
except as provided in subsections (e) and (g), no resources of
any attendance center shall be used to endorse or promote any
candidate.
    (l) Beginning with the 1995-1996 school year and in every
even numbered year thereafter, the Board shall appoint 2
teacher members to each local school council. These
appointments shall be made in the following manner:
        (i) The Board shall appoint 2 teachers who are employed
    and assigned to perform the majority of their employment
    duties at the attendance center to serve on the local
    school council of the attendance center for a two-year term
    coinciding with the terms of the elected parent and
    community members of that local school council. These
    appointments shall be made from among those teachers who
    are nominated in accordance with subsection (f).
        (ii) A non-binding, advisory poll to ascertain the
    preferences of the school staff regarding appointments of
    teachers to the local school council for that attendance
    center shall be conducted in accordance with the procedures
    used to elect parent and community Council
    representatives. At such poll, each member of the school
    staff shall be entitled to indicate his or her preference
    for up to 2 candidates from among those who submitted
    statements of candidacy as described above. These
    preferences shall be advisory only and the Board shall
    maintain absolute discretion to appoint teacher members to
    local school councils, irrespective of the preferences
    expressed in any such poll.
        (iii) In the event that a teacher representative is
    unable to perform his or her employment duties at the
    school due to illness, disability, leave of absence,
    disciplinary action, or any other reason, the Board shall
    declare a temporary vacancy and appoint a replacement
    teacher representative to serve on the local school council
    until such time as the teacher member originally appointed
    pursuant to this subsection (l) resumes service at the
    attendance center or for the remainder of the term. The
    replacement teacher representative shall be appointed in
    the same manner and by the same procedures as teacher
    representatives are appointed in subdivisions (i) and (ii)
    of this subsection (l).
    (m) Beginning with the 1995-1996 school year, and in every
year thereafter, the Board shall appoint one student member to
each secondary attendance center. These appointments shall be
made in the following manner:
        (i) Appointments shall be made from among those
    students who submit statements of candidacy to the
    principal of the attendance center, such statements to be
    submitted commencing on the first day of the twentieth week
    of school and continuing for 2 weeks thereafter. The form
    and manner of such candidacy statements shall be determined
    by the Board.
        (ii) During the twenty-second week of school in every
    year, the principal of each attendance center shall conduct
    a non-binding, advisory poll to ascertain the preferences
    of the school students regarding the appointment of a
    student to the local school council for that attendance
    center. At such poll, each student shall be entitled to
    indicate his or her preference for up to one candidate from
    among those who submitted statements of candidacy as
    described above. The Board shall promulgate rules to ensure
    that these non-binding, advisory polls are conducted in a
    fair and equitable manner and maximize the involvement of
    all school students. The preferences expressed in these
    non-binding, advisory polls shall be transmitted by the
    principal to the Board. However, these preferences shall be
    advisory only and the Board shall maintain absolute
    discretion to appoint student members to local school
    councils, irrespective of the preferences expressed in any
    such poll.
        (iii) For the 1995-96 school year only, appointments
    shall be made from among those students who submitted
    statements of candidacy to the principal of the attendance
    center during the first 2 weeks of the school year. The
    principal shall communicate the results of any nonbinding,
    advisory poll to the Board. These results shall be advisory
    only, and the Board shall maintain absolute discretion to
    appoint student members to local school councils,
    irrespective of the preferences expressed in any such poll.
    (n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
    (o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the vacancy,
except that any teacher vacancy shall be filled by the Board
after considering the preferences of the school staff as
ascertained through a non-binding advisory poll of school
staff.
    (p) If less than the specified number of persons is elected
within each candidate category, the newly elected local school
council shall appoint eligible persons to serve as members of
the Council for two-year terms.
    (q) The Board shall promulgate rules regarding conflicts of
interest and disclosure of economic interests which shall apply
to local school council members and which shall require reports
or statements to be filed by Council members at regular
intervals with the Secretary of the Board. Failure to comply
with such rules or intentionally falsifying such reports shall
be grounds for disqualification from local school council
membership. A vacancy on the Council for disqualification may
be so declared by the Secretary of the Board. Rules regarding
conflicts of interest and disclosure of economic interests
promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the
general superintendent shall provide notice, by mail, to each
local school council member of all requirements and forms for
compliance with economic interest statements.
    (r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed by
the Local School Council due to the graduation or voluntary
transfer of a child or children from the attendance center, the
parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's
graduation or voluntary transfer. If the child of a parent
member of a local school council dies during the member's term
in office, the member may continue to serve on the local school
council for the balance of his or her term. Further, a local
school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of
Section 34-2.2 if the Council member has missed 3 consecutive
regular meetings, not including committee meetings, or 5
regular meetings in a 12 month period, not including committee
meetings. If a parent member of a local school council ceases
to be eligible to serve on the Council for any other reason, he
or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal. A vote to
remove a Council member by the local school council shall only
be valid if the Council member has been notified personally or
by certified mail, mailed to the person's last known address,
of the Council's intent to vote on the Council member's removal
at least 7 days prior to the vote. The Council member in
question shall have the right to explain his or her actions and
shall be eligible to vote on the question of his or her removal
from the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
    (2) A person may continue to serve as a community resident
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed
by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible to
serve on the Council, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior to
removal.
    (3) A person may continue to serve as a teacher member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the teacher representative resigns
from employment with the Board or voluntarily transfers to
another school, the teacher's membership on the local school
council and all voting rights are terminated immediately as of
the date of the teacher's resignation or upon the date of the
teacher's voluntary transfer to another school. If a teacher
member of a local school council ceases to be eligible to serve
on a local school council for any other reason, that member
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(Source: P.A. 95-1015, eff. 12-15-08; 96-1412, eff. 1-1-11.)
 
    (105 ILCS 5/34-84b)  (from Ch. 122, par. 34-84b)
    Sec. 34-84b. Conviction of sex or narcotics offense, first
degree murder, attempted first degree murder, or Class X felony
as grounds for revocation of certificate.
    (a) Whenever the holder of any certificate issued by the
board of education has been convicted of any sex offense or
narcotics offense as defined in this Section, the board of
education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of the
offense in a new trial or the charges against him are
dismissed, the board shall forthwith terminate the suspension
of the certificate. When the conviction becomes final, the
board shall forthwith revoke the certificate. "Sex offense" as
used in this Section means any one or more of the following
offenses: (1) any offense defined in Sections 11-6, and 11-9,
and 11-30, and Sections 11-14 through 11-21, inclusive, and
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
12-14, 12-14.1, 12-15 and 12-16 of the Criminal Code of 1961;
(2) any attempt to commit any of the foregoing offenses, and
(3) any offense committed or attempted in any other state
which, if committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses. "Narcotics
offense" as used in this Section means any one or more of the
following offenses: (1) any offense defined in the Cannabis
Control Act except those defined in Sections 4(a), 4(b) and
5(a) of that Act and any offense for which the holder of any
certificate is placed on probation under the provisions of
Section 10 of that Act and fulfills the terms and conditions of
probation as may be required by the court; (2) any offense
defined in the Illinois Controlled Substances Act except any
offense for which the holder of any certificate is placed on
probation under the provisions of Section 410 of that Act and
fulfills the terms and conditions of probation as may be
required by the court; (3) any offense defined in the
Methamphetamine Control and Community Protection Act except
any offense for which the holder of any certificate is placed
on probation under the provision of Section 70 of that Act and
fulfills the terms and conditions of probation as may be
required by the court; (4) any attempt to commit any of the
foregoing offenses; and (5) any offense committed or attempted
in any other state or against the laws of the United States
which, if committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses.
    (b) Whenever the holder of any certificate issued by the
board of education or pursuant to Article 21 or any other
provisions of the School Code has been convicted of first
degree murder, attempted first degree murder, or a Class X
felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of that
offense in a new trial or the charges that he or she committed
that offense are dismissed, the suspending authority shall
forthwith terminate the suspension of the certificate. When the
conviction becomes final, the State Superintendent of
Education shall forthwith revoke the certificate. The stated
offenses of "first degree murder", "attempted first degree
murder", and "Class X felony" referred to in this Section
include any offense committed in another state that, if
committed in this State, would have been punishable as any one
of the stated offenses.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 970. The Medical School Matriculant Criminal
History Records Check Act is amended by changing Section 5 as
follows:
 
    (110 ILCS 57/5)
    Sec. 5. Definitions.
    "Matriculant" means an individual who is conditionally
admitted as a student to a medical school located in Illinois,
pending the medical school's consideration of his or her
criminal history records check under this Act.
    "Sex offender" means any person who is convicted pursuant
to Illinois law or any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country law
with any of the following sex offenses set forth in the
Criminal Code of 1961:
        (1) Indecent solicitation of a child.
        (2) Sexual exploitation of a child.
        (3) Custodial sexual misconduct.
        (4) Exploitation of a child.
        (5) Child pornography.
        (6) Aggravated child pornography.
    "Violent felony" means any of the following offenses, as
defined by the Criminal Code of 1961:
        (1) First degree murder.
        (2) Second degree murder.
        (3) Predatory criminal sexual assault of a child.
        (4) Aggravated criminal sexual assault.
        (5) Criminal sexual assault.
        (6) Aggravated arson.
        (7) Aggravated kidnapping.
        (8) Kidnapping.
        (9) Aggravated battery resulting in great bodily harm
    or permanent disability or disfigurement.
(Source: P.A. 94-709, eff. 12-5-05.)
 
    Section 975. The Illinois Insurance Code is amended by
changing Sections 356e and 367 as follows:
 
    (215 ILCS 5/356e)  (from Ch. 73, par. 968e)
    Sec. 356e. Victims of certain offenses.
    (1) No policy of accident and health insurance, which
provides benefits for hospital or medical expenses based upon
the actual expenses incurred, delivered or issued for delivery
to any person in this State shall contain any specific
exception to coverage which would preclude the payment under
that policy of actual expenses incurred in the examination and
testing of a victim of an offense defined in Sections 11-1.20
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
1961, as now or hereafter amended, or an attempt to commit such
offense to establish that sexual contact did occur or did not
occur, and to establish the presence or absence of sexually
transmitted disease or infection, and examination and
treatment of injuries and trauma sustained by a victim of such
offense arising out of the offense. Every policy of accident
and health insurance which specifically provides benefits for
routine physical examinations shall provide full coverage for
expenses incurred in the examination and testing of a victim of
an offense defined in Sections 11-1.20 through 11-1.60 or 12-13
through 12-16 of the Criminal Code of 1961, as now or hereafter
amended, or an attempt to commit such offense as set forth in
this Section. This Section shall not apply to a policy which
covers hospital and medical expenses for specified illnesses or
injuries only.
    (2) For purposes of enabling the recovery of State funds,
any insurance carrier subject to this Section shall upon
reasonable demand by the Department of Public Health disclose
the names and identities of its insureds entitled to benefits
under this provision to the Department of Public Health
whenever the Department of Public Health has determined that it
has paid, or is about to pay, hospital or medical expenses for
which an insurance carrier is liable under this Section. All
information received by the Department of Public Health under
this provision shall be held on a confidential basis and shall
not be subject to subpoena and shall not be made public by the
Department of Public Health or used for any purpose other than
that authorized by this Section.
    (3) Whenever the Department of Public Health finds that it
has paid all or part of any hospital or medical expenses which
an insurance carrier is obligated to pay under this Section,
the Department of Public Health shall be entitled to receive
reimbursement for its payments from such insurance carrier
provided that the Department of Public Health has notified the
insurance carrier of its claims before the carrier has paid
such benefits to its insureds or in behalf of its insureds.
(Source: P.A. 89-187, eff. 7-19-95.)
 
    (215 ILCS 5/367)  (from Ch. 73, par. 979)
    Sec. 367. Group accident and health insurance.
    (1) Group accident and health insurance is hereby declared
to be that form of accident and health insurance covering not
less than 2 employees, members, or employees of members,
written under a master policy issued to any governmental
corporation, unit, agency or department thereof, or to any
corporation, copartnership, individual employer, or to any
association upon application of an executive officer or trustee
of such association having a constitution or bylaws and formed
in good faith for purposes other than that of obtaining
insurance, where officers, members, employees, employees of
members or classes or department thereof, may be insured for
their individual benefit. In addition a group accident and
health policy may be written to insure any group which may be
insured under a group life insurance policy. The term
"employees" shall include the officers, managers and employees
of subsidiary or affiliated corporations, and the individual
proprietors, partners and employees of affiliated individuals
and firms, when the business of such subsidiary or affiliated
corporations, firms or individuals, is controlled by a common
employer through stock ownership, contract or otherwise.
    (2) Any insurance company authorized to write accident and
health insurance in this State shall have power to issue group
accident and health policies. No policy of group accident and
health insurance may be issued or delivered in this State
unless a copy of the form thereof shall have been filed with
the department and approved by it in accordance with Section
355, and it contains in substance those provisions contained in
Sections 357.1 through 357.30 as may be applicable to group
accident and health insurance and the following provisions:
        (a) A provision that the policy, the application of the
    employer, or executive officer or trustee of any
    association, and the individual applications, if any, of
    the employees, members or employees of members insured
    shall constitute the entire contract between the parties,
    and that all statements made by the employer, or the
    executive officer or trustee, or by the individual
    employees, members or employees of members shall (in the
    absence of fraud) be deemed representations and not
    warranties, and that no such statement shall be used in
    defense to a claim under the policy, unless it is contained
    in a written application.
        (b) A provision that the insurer will issue to the
    employer, or to the executive officer or trustee of the
    association, for delivery to the employee, member or
    employee of a member, who is insured under such policy, an
    individual certificate setting forth a statement as to the
    insurance protection to which he is entitled and to whom
    payable.
        (c) A provision that to the group or class thereof
    originally insured shall be added from time to time all new
    employees of the employer, members of the association or
    employees of members eligible to and applying for insurance
    in such group or class.
    (3) Anything in this code to the contrary notwithstanding,
any group accident and health policy may provide that all or
any portion of any indemnities provided by any such policy on
account of hospital, nursing, medical or surgical services,
may, at the insurer's option, be paid directly to the hospital
or person rendering such services; but the policy may not
require that the service be rendered by a particular hospital
or person. Payment so made shall discharge the insurer's
obligation with respect to the amount of insurance so paid.
Nothing in this subsection (3) shall prohibit an insurer from
providing incentives for insureds to utilize the services of a
particular hospital or person.
    (4) Special group policies may be issued to school
districts providing medical or hospital service, or both, for
pupils of the district injured while participating in any
athletic activity under the jurisdiction of or sponsored or
controlled by the district or the authorities of any school
thereof. The provisions of this Section governing the issuance
of group accident and health insurance shall, insofar as
applicable, control the issuance of such policies issued to
schools.
    (5) No policy of group accident and health insurance may be
issued or delivered in this State unless it provides that upon
the death of the insured employee or group member the
dependents' coverage, if any, continues for a period of at
least 90 days subject to any other policy provisions relating
to termination of dependents' coverage.
    (6) No group hospital policy covering miscellaneous
hospital expenses issued or delivered in this State shall
contain any exception or exclusion from coverage which would
preclude the payment of expenses incurred for the processing
and administration of blood and its components.
    (7) No policy of group accident and health insurance,
delivered in this State more than 120 days after the effective
day of the Section, which provides inpatient hospital coverage
for sicknesses shall exclude from such coverage the treatment
of alcoholism. This subsection shall not apply to a policy
which covers only specified sicknesses.
    (8) No policy of group accident and health insurance, which
provides benefits for hospital or medical expenses based upon
the actual expenses incurred, issued or delivered in this State
shall contain any specific exception to coverage which would
preclude the payment of actual expenses incurred in the
examination and testing of a victim of an offense defined in
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of 1961, or an attempt to commit such offense, to
establish that sexual contact did occur or did not occur, and
to establish the presence or absence of sexually transmitted
disease or infection, and examination and treatment of injuries
and trauma sustained by the victim of such offense, arising out
of the offense. Every group policy of accident and health
insurance which specifically provides benefits for routine
physical examinations shall provide full coverage for expenses
incurred in the examination and testing of a victim of an
offense defined in Sections 11-1.20 through 11-1.60 or 12-13
through 12-16 of the Criminal Code of 1961, or an attempt to
commit such offense, as set forth in this Section. This
subsection shall not apply to a policy which covers hospital
and medical expenses for specified illnesses and injuries only.
    (9) For purposes of enabling the recovery of State funds,
any insurance carrier subject to this Section shall upon
reasonable demand by the Department of Public Health disclose
the names and identities of its insureds entitled to benefits
under this provision to the Department of Public Health
whenever the Department of Public Health has determined that it
has paid, or is about to pay, hospital or medical expenses for
which an insurance carrier is liable under this Section. All
information received by the Department of Public Health under
this provision shall be held on a confidential basis and shall
not be subject to subpoena and shall not be made public by the
Department of Public Health or used for any purpose other than
that authorized by this Section.
    (10) Whenever the Department of Public Health finds that it
has paid all or part of any hospital or medical expenses which
an insurance carrier is obligated to pay under this Section,
the Department of Public Health shall be entitled to receive
reimbursement for its payments from such insurance carrier
provided that the Department of Public Health has notified the
insurance carrier of its claim before the carrier has paid the
benefits to its insureds or the insureds' assignees.
    (11) (a) No group hospital, medical or surgical expense
    policy shall contain any provision whereby benefits
    otherwise payable thereunder are subject to reduction
    solely on account of the existence of similar benefits
    provided under other group or group-type accident and
    sickness insurance policies where such reduction would
    operate to reduce total benefits payable under these
    policies below an amount equal to 100% of total allowable
    expenses provided under these policies.
        (b) When dependents of insureds are covered under 2
    policies, both of which contain coordination of benefits
    provisions, benefits of the policy of the insured whose
    birthday falls earlier in the year are determined before
    those of the policy of the insured whose birthday falls
    later in the year. Birthday, as used herein, refers only to
    the month and day in a calendar year, not the year in which
    the person was born. The Department of Insurance shall
    promulgate rules defining the order of benefit
    determination pursuant to this paragraph (b).
    (12) Every group policy under this Section shall be subject
to the provisions of Sections 356g and 356n of this Code.
    (13) No accident and health insurer providing coverage for
hospital or medical expenses on an expense incurred basis shall
deny reimbursement for an otherwise covered expense incurred
for any organ transplantation procedure solely on the basis
that such procedure is deemed experimental or investigational
unless supported by the determination of the Office of Health
Care Technology Assessment within the Agency for Health Care
Policy and Research within the federal Department of Health and
Human Services that such procedure is either experimental or
investigational or that there is insufficient data or
experience to determine whether an organ transplantation
procedure is clinically acceptable. If an accident and health
insurer has made written request, or had one made on its behalf
by a national organization, for determination by the Office of
Health Care Technology Assessment within the Agency for Health
Care Policy and Research within the federal Department of
Health and Human Services as to whether a specific organ
transplantation procedure is clinically acceptable and said
organization fails to respond to such a request within a period
of 90 days, the failure to act may be deemed a determination
that the procedure is deemed to be experimental or
investigational.
    (14) Whenever a claim for benefits by an insured under a
dental prepayment program is denied or reduced, based on the
review of x-ray films, such review must be performed by a
dentist.
(Source: P.A. 91-549, eff. 8-14-99.)
 
    Section 980. The Health Maintenance Organization Act is
amended by changing Section 4-4 as follows:
 
    (215 ILCS 125/4-4)  (from Ch. 111 1/2, par. 1408.4)
    Sec. 4-4. Sexual assault or abuse victims; coverage of
expenses; recovery of State funds; reimbursement of Department
of Public Health.
    (1) Contracts or evidences of coverage issued by a health
maintenance organization, which provide benefits for health
care services, shall to the full extent of coverage provided
for any other emergency or accident care, provide for the
payment of actual expenses incurred, without offset or
reduction for benefit deductibles or co-insurance amounts, in
the examination and testing of a victim of an offense defined
in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of
the Criminal Code of 1961, as now or hereafter amended, or an
attempt to commit such offense, to establish that sexual
contact did occur or did not occur, and to establish the
presence or absence of sexually transmitted disease or
infection, and examination and treatment of injuries and trauma
sustained by a victim of such offense.
    (2) For purposes of enabling the recovery of State funds,
any health maintenance organization subject to this Section
shall upon reasonable demand by the Department of Public Health
disclose the names and identities of its enrollees entitled to
benefits under this provision to the Department of Public
Health whenever the Department of Public Health has determined
that it has paid, or is about to pay for, health care services
for which a health maintenance organization is liable under
this Section. All information received by the Department of
Public Health under this provision shall be held on a
confidential basis and shall not be subject to subpoena and
shall not be made public by the Department of Public Health or
used for any purpose other than that authorized by this
Section.
    (3) Whenever the Department of Public Health finds that it
has paid for all or part of any health care services for which
a health maintenance organization is obligated to pay under
this Section, the Department of Public Health shall be entitled
to receive reimbursement for its payments from such
organization provided that the Department of Public Health has
notified the organization of its claims before the organization
has paid such benefits to its enrollees or in behalf of its
enrollees.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    Section 985. The Voluntary Health Services Plans Act is
amended by changing Section 15.8 as follows:
 
    (215 ILCS 165/15.8)  (from Ch. 32, par. 609.8)
    Sec. 15.8. Sexual assault or abuse victims.
    (1) Policies, contracts or subscription certificates
issued by a health services plan corporation, which provide
benefits for hospital or medical expenses based upon the actual
expenses incurred, shall to the full extent of coverage
provided for any other emergency or accident care, provide for
the payment of actual expenses incurred, without offset or
reduction for benefit deductibles or co-insurance amounts, in
the examination and testing of a victim of an offense defined
in Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of
the Criminal Code of 1961, as now or hereafter amended, or
attempt to commit such offense, to establish that sexual
contact did occur or did not occur, and to establish the
presence or absence of sexually transmitted disease or
infection, and examination and treatment of injuries and trauma
sustained by a victim of such offense.
    (2) For purposes of enabling the recovery of State Funds,
any health services plan corporation subject to this Section
shall upon reasonable demand by the Department of Public Health
disclose the names and identities of its insureds or
subscribers entitled to benefits under this provision to the
Department of Public Health whenever the Department of Public
Health has determined that it has paid, or is about to pay,
hospital or medical expenses for which a health care service
corporation is liable under this Section. All information
received by the Department of Public Health under this
provision shall be held on a confidential basis and shall not
be subject to subpoena and shall not be made public by the
Department of Public Health or used for any purpose other than
that authorized by this Section.
    (3) Whenever the Department of Public Health finds that it
has paid all or part of any hospital or medical expenses which
a health services plan corporation is obligated to pay under
this Section, the Department of Public Health shall be entitled
to receive reimbursement for its payments from such corporation
provided that the Department of Public Health has notified the
corporation of its claims before the corporation has paid such
benefits to its subscribers or in behalf of its subscribers.
(Source: P.A. 89-187, eff. 7-19-95.)
 
    Section 990. The Child Care Act of 1969 is amended by
changing Section 4.2 as follows:
 
    (225 ILCS 10/4.2)  (from Ch. 23, par. 2214.2)
    Sec. 4.2. (a) No applicant may receive a license from the
Department and no person may be employed by a licensed child
care facility who refuses to authorize an investigation as
required by Section 4.1.
    (b) In addition to the other provisions of this Section, no
applicant may receive a license from the Department and no
person may be employed by a child care facility licensed by the
Department who has been declared a sexually dangerous person
under "An Act in relation to sexually dangerous persons, and
providing for their commitment, detention and supervision",
approved July 6, 1938, as amended, or convicted of committing
or attempting to commit any of the following offenses
stipulated under the Criminal Code of 1961:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, and 11-13, 11-35,
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) harboring a runaway;
        (3.4) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery;
        (12) aggravated battery with a firearm;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug induced infliction of great bodily harm;
        (15) hate crime;
        (16) stalking;
        (17) aggravated stalking;
        (18) threatening public officials;
        (19) home invasion;
        (20) vehicular invasion;
        (21) criminal transmission of HIV;
        (22) criminal abuse or neglect of an elderly or
    disabled person;
        (23) child abandonment;
        (24) endangering the life or health of a child;
        (25) ritual mutilation;
        (26) ritualized abuse of a child;
        (27) an offense in any other jurisdiction the elements
    of which are similar and bear a substantial relationship to
    any of the foregoing offenses.
    (b-1) In addition to the other provisions of this Section,
beginning January 1, 2004, no new applicant and, on the date of
licensure renewal, no current licensee may operate or receive a
license from the Department to operate, no person may be
employed by, and no adult person may reside in a child care
facility licensed by the Department who has been convicted of
committing or attempting to commit any of the following
offenses or an offense in any other jurisdiction the elements
of which are similar and bear a substantial relationship to any
of the following offenses:
 
(I) BODILY HARM

 
        (1) Felony aggravated assault.
        (2) Vehicular endangerment.
        (3) Felony domestic battery.
        (4) Aggravated battery.
        (5) Heinous battery.
        (6) Aggravated battery with a firearm.
        (7) Aggravated battery of an unborn child.
        (8) Aggravated battery of a senior citizen.
        (9) Intimidation.
        (10) Compelling organization membership of persons.
        (11) Abuse and gross neglect of a long term care
    facility resident.
        (12) Felony violation of an order of protection.
 
(II) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (1) Felony unlawful use of weapons.
        (2) Aggravated discharge of a firearm.
        (3) Reckless discharge of a firearm.
        (4) Unlawful use of metal piercing bullets.
        (5) Unlawful sale or delivery of firearms on the
    premises of any school.
        (6) Disarming a police officer.
        (7) Obstructing justice.
        (8) Concealing or aiding a fugitive.
        (9) Armed violence.
        (10) Felony contributing to the criminal delinquency
    of a juvenile.
 
(III) DRUG OFFENSES

 
        (1) Possession of more than 30 grams of cannabis.
        (2) Manufacture of more than 10 grams of cannabis.
        (3) Cannabis trafficking.
        (4) Delivery of cannabis on school grounds.
        (5) Unauthorized production of more than 5 cannabis
    sativa plants.
        (6) Calculated criminal cannabis conspiracy.
        (7) Unauthorized manufacture or delivery of controlled
    substances.
        (8) Controlled substance trafficking.
        (9) Manufacture, distribution, or advertisement of
    look-alike substances.
        (10) Calculated criminal drug conspiracy.
        (11) Street gang criminal drug conspiracy.
        (12) Permitting unlawful use of a building.
        (13) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (14) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (15) Delivery of controlled substances.
        (16) Sale or delivery of drug paraphernalia.
        (17) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (18) Felony possession of a controlled substance.
        (19) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (b-2) For child care facilities other than foster family
homes, the Department may issue a new child care facility
license to or renew the existing child care facility license of
an applicant, a person employed by a child care facility, or an
applicant who has an adult residing in a home child care
facility who was convicted of an offense described in
subsection (b-1), provided that all of the following
requirements are met:
        (1) The relevant criminal offense occurred more than 5
    years prior to the date of application or renewal, except
    for drug offenses. The relevant drug offense must have
    occurred more than 10 years prior to the date of
    application or renewal, unless the applicant passed a drug
    test, arranged and paid for by the child care facility, no
    less than 5 years after the offense.
        (2) The Department must conduct a background check and
    assess all convictions and recommendations of the child
    care facility to determine if waiver shall apply in
    accordance with Department administrative rules and
    procedures.
        (3) The applicant meets all other requirements and
    qualifications to be licensed as the pertinent type of
    child care facility under this Act and the Department's
    administrative rules.
    (c) In addition to the other provisions of this Section, no
applicant may receive a license from the Department to operate
a foster family home, and no adult person may reside in a
foster family home licensed by the Department, who has been
convicted of committing or attempting to commit any of the
following offenses stipulated under the Criminal Code of 1961,
the Cannabis Control Act, the Methamphetamine Control and
Community Protection Act, and the Illinois Controlled
Substances Act:
 
(I) OFFENSES DIRECTED AGAINST THE PERSON

 
    (A) KIDNAPPING AND RELATED OFFENSES
        (1) Unlawful restraint.
 
    (B) BODILY HARM
        (2) Felony aggravated assault.
        (3) Vehicular endangerment.
        (4) Felony domestic battery.
        (5) Aggravated battery.
        (6) Heinous battery.
        (7) Aggravated battery with a firearm.
        (8) Aggravated battery of an unborn child.
        (9) Aggravated battery of a senior citizen.
        (10) Intimidation.
        (11) Compelling organization membership of persons.
        (12) Abuse and gross neglect of a long term care
    facility resident.
        (13) Felony violation of an order of protection.
 
(II) OFFENSES DIRECTED AGAINST PROPERTY

 
        (14) Felony theft.
        (15) Robbery.
        (16) Armed robbery.
        (17) Aggravated robbery.
        (18) Vehicular hijacking.
        (19) Aggravated vehicular hijacking.
        (20) Burglary.
        (21) Possession of burglary tools.
        (22) Residential burglary.
        (23) Criminal fortification of a residence or
    building.
        (24) Arson.
        (25) Aggravated arson.
        (26) Possession of explosive or explosive incendiary
    devices.
 
(III) OFFENSES AFFECTING PUBLIC HEALTH, SAFETY, AND DECENCY

 
        (27) Felony unlawful use of weapons.
        (28) Aggravated discharge of a firearm.
        (29) Reckless discharge of a firearm.
        (30) Unlawful use of metal piercing bullets.
        (31) Unlawful sale or delivery of firearms on the
    premises of any school.
        (32) Disarming a police officer.
        (33) Obstructing justice.
        (34) Concealing or aiding a fugitive.
        (35) Armed violence.
        (36) Felony contributing to the criminal delinquency
    of a juvenile.
 
(IV) DRUG OFFENSES

 
        (37) Possession of more than 30 grams of cannabis.
        (38) Manufacture of more than 10 grams of cannabis.
        (39) Cannabis trafficking.
        (40) Delivery of cannabis on school grounds.
        (41) Unauthorized production of more than 5 cannabis
    sativa plants.
        (42) Calculated criminal cannabis conspiracy.
        (43) Unauthorized manufacture or delivery of
    controlled substances.
        (44) Controlled substance trafficking.
        (45) Manufacture, distribution, or advertisement of
    look-alike substances.
        (46) Calculated criminal drug conspiracy.
        (46.5) Streetgang criminal drug conspiracy.
        (47) Permitting unlawful use of a building.
        (48) Delivery of controlled, counterfeit, or
    look-alike substances to persons under age 18, or at truck
    stops, rest stops, or safety rest areas, or on school
    property.
        (49) Using, engaging, or employing persons under 18 to
    deliver controlled, counterfeit, or look-alike substances.
        (50) Delivery of controlled substances.
        (51) Sale or delivery of drug paraphernalia.
        (52) Felony possession, sale, or exchange of
    instruments adapted for use of a controlled substance,
    methamphetamine, or cannabis by subcutaneous injection.
        (53) Any violation of the Methamphetamine Control and
    Community Protection Act.
    (d) Notwithstanding subsection (c), the Department may
issue a new foster family home license or may renew an existing
foster family home license of an applicant who was convicted of
an offense described in subsection (c), provided all of the
following requirements are met:
        (1) The relevant criminal offense or offenses occurred
    more than 10 years prior to the date of application or
    renewal.
        (2) The applicant had previously disclosed the
    conviction or convictions to the Department for purposes of
    a background check.
        (3) After the disclosure, the Department either placed
    a child in the home or the foster family home license was
    issued.
        (4) During the background check, the Department had
    assessed and waived the conviction in compliance with the
    existing statutes and rules in effect at the time of the
    waiver.
        (5) The applicant meets all other requirements and
    qualifications to be licensed as a foster family home under
    this Act and the Department's administrative rules.
        (6) The applicant has a history of providing a safe,
    stable home environment and appears able to continue to
    provide a safe, stable home environment.
(Source: P.A. 93-151, eff. 7-10-03; 94-556, eff. 9-11-05.)
 
    Section 995. The Health Care Worker Background Check Act is
amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Persons ineligible to be hired by health care
employers and long-term care facilities.
    (a) In the discretion of the Director of Public Health, as
soon after January 1, 1996, January 1, 1997, January 1, 2006,
or October 1, 2007, as applicable, and as is reasonably
practical, no health care employer shall knowingly hire,
employ, or retain any individual in a position with duties
involving direct care for clients, patients, or residents, and
no long-term care facility shall knowingly hire, employ, or
retain any individual in a position with duties that involve or
may involve contact with residents or access to the living
quarters or the financial, medical, or personal records of
residents, who has been convicted of committing or attempting
to commit one or more of the following offenses: those defined
in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6,
11-9.1, 11-9.5, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-1,
12-2, 12-3, 12-3.1, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3,
12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32, 12-33,
16-1, 16-1.3, 16A-3, 17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1,
19-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2, or
subdivision (a)(4) of Section 11-14.4, of the Criminal Code of
1961; those provided in Section 4 of the Wrongs to Children
Act; those provided in Section 53 of the Criminal Jurisprudence
Act; those defined in Section 5, 5.1, 5.2, 7, or 9 of the
Cannabis Control Act; those defined in the Methamphetamine
Control and Community Protection Act; or those defined in
Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
Illinois Controlled Substances Act, unless the applicant or
employee obtains a waiver pursuant to Section 40.
    (a-1) In the discretion of the Director of Public Health,
as soon after January 1, 2004 or October 1, 2007, as
applicable, and as is reasonably practical, no health care
employer shall knowingly hire any individual in a position with
duties involving direct care for clients, patients, or
residents, and no long-term care facility shall knowingly hire
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents,
who has (i) been convicted of committing or attempting to
commit one or more of the offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16G-15, 16G-20, 18-5, 20-1.2, 24-1.1,
24-1.2-5, 24-1.6, 24-3.2, or 24-3.3 of the Criminal Code of
1961; Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card
and Debit Card Act; or Section 11-9.1A of the Criminal Code of
1961 or Section 5.1 of the Wrongs to Children Act; or (ii)
violated Section 50-50 of the Nurse Practice Act, unless the
applicant or employee obtains a waiver pursuant to Section 40
of this Act.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
    (b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents, and no
long-term care facility shall knowingly hire, employ, or retain
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents, if
the health care employer becomes aware that the individual has
been convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check, unless the applicant or employee obtains
a waiver pursuant to Section 40 of this Act. This shall not be
construed to mean that a health care employer has an obligation
to conduct a criminal history records check in other states in
which an employee has resided.
(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
    Section 1000. The Liquor Control Act of 1934 is amended by
changing Section 6-2 as follows:
 
    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
    Sec. 6-2. Issuance of licenses to certain persons
prohibited.
    (a) Except as otherwise provided in subsection (b) of this
Section and in paragraph (1) of subsection (a) of Section 3-12,
no license of any kind issued by the State Commission or any
local commission shall be issued to:
        (1) A person who is not a resident of any city, village
    or county in which the premises covered by the license are
    located; except in case of railroad or boat licenses.
        (2) A person who is not of good character and
    reputation in the community in which he resides.
        (3) A person who is not a citizen of the United States.
        (4) A person who has been convicted of a felony under
    any Federal or State law, unless the Commission determines
    that such person has been sufficiently rehabilitated to
    warrant the public trust after considering matters set
    forth in such person's application and the Commission's
    investigation. The burden of proof of sufficient
    rehabilitation shall be on the applicant.
        (5) A person who has been convicted of keeping a place
    of prostitution or keeping a place of juvenile
    prostitution, promoting prostitution that involves keeping
    a place of prostitution, or promoting juvenile
    prostitution that involves keeping a place of juvenile
    prostitution being the keeper or is keeping a house of ill
    fame.
        (6) A person who has been convicted of pandering or
    other crime or misdemeanor opposed to decency and morality.
        (7) A person whose license issued under this Act has
    been revoked for cause.
        (8) A person who at the time of application for renewal
    of any license issued hereunder would not be eligible for
    such license upon a first application.
        (9) A copartnership, if any general partnership
    thereof, or any limited partnership thereof, owning more
    than 5% of the aggregate limited partner interest in such
    copartnership would not be eligible to receive a license
    hereunder for any reason other than residence within the
    political subdivision, unless residency is required by
    local ordinance.
        (10) A corporation or limited liability company, if any
    member, officer, manager or director thereof, or any
    stockholder or stockholders owning in the aggregate more
    than 5% of the stock of such corporation, would not be
    eligible to receive a license hereunder for any reason
    other than citizenship and residence within the political
    subdivision.
        (10a) A corporation or limited liability company
    unless it is incorporated or organized in Illinois, or
    unless it is a foreign corporation or foreign limited
    liability company which is qualified under the Business
    Corporation Act of 1983 or the Limited Liability Company
    Act to transact business in Illinois. The Commission shall
    permit and accept from an applicant for a license under
    this Act proof prepared from the Secretary of State's
    website that the corporation or limited liability company
    is in good standing and is qualified under the Business
    Corporation Act of 1983 or the Limited Liability Company
    Act to transact business in Illinois.
        (11) A person whose place of business is conducted by a
    manager or agent unless the manager or agent possesses the
    same qualifications required by the licensee.
        (12) A person who has been convicted of a violation of
    any Federal or State law concerning the manufacture,
    possession or sale of alcoholic liquor, subsequent to the
    passage of this Act or has forfeited his bond to appear in
    court to answer charges for any such violation.
        (13) A person who does not beneficially own the
    premises for which a license is sought, or does not have a
    lease thereon for the full period for which the license is
    to be issued.
        (14) Any law enforcing public official, including
    members of local liquor control commissions, any mayor,
    alderman, or member of the city council or commission, any
    president of the village board of trustees, any member of a
    village board of trustees, or any president or member of a
    county board; and no such official shall have a direct
    interest in the manufacture, sale, or distribution of
    alcoholic liquor, except that a license may be granted to
    such official in relation to premises that are not located
    within the territory subject to the jurisdiction of that
    official if the issuance of such license is approved by the
    State Liquor Control Commission and except that a license
    may be granted, in a city or village with a population of
    50,000 or less, to any alderman, member of a city council,
    or member of a village board of trustees in relation to
    premises that are located within the territory subject to
    the jurisdiction of that official if (i) the sale of
    alcoholic liquor pursuant to the license is incidental to
    the selling of food, (ii) the issuance of the license is
    approved by the State Commission, (iii) the issuance of the
    license is in accordance with all applicable local
    ordinances in effect where the premises are located, and
    (iv) the official granted a license does not vote on
    alcoholic liquor issues pending before the board or council
    to which the license holder is elected. Notwithstanding any
    provision of this paragraph (14) to the contrary, an
    alderman or member of a city council or commission, a
    member of a village board of trustees other than the
    president of the village board of trustees, or a member of
    a county board other than the president of a county board
    may have a direct interest in the manufacture, sale, or
    distribution of alcoholic liquor as long as he or she is
    not a law enforcing public official, a mayor, a village
    board president, or president of a county board. To prevent
    any conflict of interest, the elected official with the
    direct interest in the manufacture, sale, or distribution
    of alcoholic liquor cannot participate in any meetings,
    hearings, or decisions on matters impacting the
    manufacture, sale, or distribution of alcoholic liquor.
        (15) A person who is not a beneficial owner of the
    business to be operated by the licensee.
        (16) A person who has been convicted of a gambling
    offense as proscribed by any of subsections (a) (3) through
    (a) (11) of Section 28-1 of, or as proscribed by Section
    28-1.1 or 28-3 of, the Criminal Code of 1961, or as
    proscribed by a statute replaced by any of the aforesaid
    statutory provisions.
        (17) A person or entity to whom a federal wagering
    stamp has been issued by the federal government, unless the
    person or entity is eligible to be issued a license under
    the Raffles Act or the Illinois Pull Tabs and Jar Games
    Act.
        (18) A person who intends to sell alcoholic liquors for
    use or consumption on his or her licensed retail premises
    who does not have liquor liability insurance coverage for
    that premises in an amount that is at least equal to the
    maximum liability amounts set out in subsection (a) of
    Section 6-21.
    (b) A criminal conviction of a corporation is not grounds
for the denial, suspension, or revocation of a license applied
for or held by the corporation if the criminal conviction was
not the result of a violation of any federal or State law
concerning the manufacture, possession or sale of alcoholic
liquor, the offense that led to the conviction did not result
in any financial gain to the corporation and the corporation
has terminated its relationship with each director, officer,
employee, or controlling shareholder whose actions directly
contributed to the conviction of the corporation. The
Commission shall determine if all provisions of this subsection
(b) have been met before any action on the corporation's
license is initiated.
(Source: P.A. 94-5, eff. 6-3-05; 94-289, eff. 1-1-06; 94-381,
eff. 7-29-05; 95-331, eff. 8-21-07.)
 
    Section 1005. The Illinois Public Aid Code is amended by
changing Section 4-1.7 as follows:
 
    (305 ILCS 5/4-1.7)  (from Ch. 23, par. 4-1.7)
    Sec. 4-1.7. Enforcement of Parental Child Support
Obligation. If the parent or parents of the child are failing
to meet or are delinquent in their legal obligation to support
the child, the parent or other person having custody of the
child or the Department of Healthcare and Family Services may
request the law enforcement officer authorized or directed by
law to so act to file action for the enforcement of such
remedies as the law provides for the fulfillment of the child
support obligation.
    If a parent has a judicial remedy against the other parent
to compel child support, or if, as the result of an action
initiated by or in behalf of one parent against the other, a
child support order has been entered in respect to which there
is noncompliance or delinquency, or where the order so entered
may be changed upon petition to the court to provide additional
support, the parent or other person having custody of the child
or the Department of Healthcare and Family Services may request
the appropriate law enforcement officer to seek enforcement of
the remedy, or of the support order, or a change therein to
provide additional support. If the law enforcement officer is
not authorized by law to so act in these instances, the parent,
or if so authorized by law the other person having custody of
the child, or the Department of Healthcare and Family Services
may initiate an action to enforce these remedies.
    A parent or other person having custody of the child must
comply with the requirements of Title IV of the federal Social
Security Act, and the regulations duly promulgated thereunder,
and any rules promulgated by the Illinois Department regarding
enforcement of the child support obligation. The Department of
Healthcare and Family Services and the Department of Human
Services may provide by rule for the grant or continuation of
aid to the person for a temporary period if he or she accepts
counseling or other services designed to increase his or her
motivation to seek enforcement of the child support obligation.
    In addition to any other definition of failure or refusal
to comply with the requirements of Title IV of the federal
Social Security Act, or Illinois Department rule, in the case
of failure to attend court hearings, the parent or other person
can show cooperation by attending a court hearing or, if a
court hearing cannot be scheduled within 14 days following the
court hearing that was missed, by signing a statement that the
parent or other person is now willing to cooperate in the child
support enforcement process and will appear at any later
scheduled court date. The parent or other person can show
cooperation by signing such a statement only once. If failure
to attend the court hearing or other failure to cooperate
results in the case being dismissed, such a statement may be
signed after 2 months.
    No denial or termination of medical assistance pursuant to
this Section shall commence during pregnancy of the parent or
other person having custody of the child or for 30 days after
the termination of such pregnancy. The termination of medical
assistance may commence thereafter if the Department of
Healthcare and Family Services determines that the failure or
refusal to comply with this Section persists. Postponement of
denial or termination of medical assistance during pregnancy
under this paragraph shall be effective only to the extent it
does not conflict with federal law or regulation.
    Any evidence a parent or other person having custody of the
child gives in order to comply with the requirements of this
Section shall not render him or her liable to prosecution under
Section 11-35 or 11-40 Sections 11-7 or 11-8 of the "Criminal
Code of 1961", approved July 28, 1961, as amended.
    When so requested, the Department of Healthcare and Family
Services and the Department of Human Services shall provide
such services and assistance as the law enforcement officer may
require in connection with the filing of any action hereunder.
    The Department of Healthcare and Family Services and the
Department of Human Services, as an expense of administration,
may also provide applicants for and recipients of aid with such
services and assistance, including assumption of the
reasonable costs of prosecuting any action or proceeding, as
may be necessary to enable them to enforce the child support
liability required hereunder.
    Nothing in this Section shall be construed as a requirement
that an applicant or recipient file an action for dissolution
of marriage against his or her spouse.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 1008. The Abused and Neglected Child Reporting Act
is amended by changing Section 4.5 as follows:
 
    (325 ILCS 5/4.5)
    Sec. 4.5. Electronic and information technology workers;
reporting child pornography.
    (a) In this Section:
    "Child pornography" means child pornography as described
in Section 11-20.1 of the Criminal Code of 1961 or aggravated
child pornography as described in Section 11-20.1B 11-20.3 of
the Criminal Code of 1961.
    "Electronic and information technology equipment" means
equipment used in the creation, manipulation, storage,
display, or transmission of data, including internet and
intranet systems, software applications, operating systems,
video and multimedia, telecommunications products, kiosks,
information transaction machines, copiers, printers, and
desktop and portable computers.
    "Electronic and information technology equipment worker"
means a person who in the scope and course of his or her
employment or business installs, repairs, or otherwise
services electronic and information technology equipment for a
fee but does not include (i) an employee, independent
contractor, or other agent of a telecommunications carrier or
telephone or telecommunications cooperative, as those terms
are defined in the Public Utilities Act, or (ii) an employee,
independent contractor, or other agent of a provider of
commercial mobile radio service, as defined in 47 C.F.R. 20.3.
    (b) If an electronic and information technology equipment
worker discovers any depiction of child pornography while
installing, repairing, or otherwise servicing an item of
electronic and information technology equipment, that worker
or the worker's employer shall immediately report the discovery
to the local law enforcement agency or to the Cyber Tipline at
the National Center for Missing & Exploited Children.
    (c) If a report is filed in accordance with the
requirements of 42 U.S.C. 13032, the requirements of this
Section 4.5 will be deemed to have been met.
    (d) An electronic and information technology equipment
worker or electronic and information technology equipment
worker's employer who reports a discovery of child pornography
as required under this Section is immune from any criminal,
civil, or administrative liability in connection with making
the report, except for willful or wanton misconduct.
    (e) Failure to report a discovery of child pornography as
required under this Section is a business offense subject to a
fine of $1,001.
(Source: P.A. 95-944, eff. 8-29-08.)
 
    Section 1010. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Section 2 as follows:
 
    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
    Sec. 2. As used in this Act: (a) "Department" means the
Department of State Police.
    (b) "Director" means the Director of the Department of
State Police.
    (c) "Unit of Local Government" is defined as in Article
VII, Section 1 of the Illinois Constitution and includes both
home rule units and units which are not home rule units. The
term is also defined to include all public school districts
subject to the provisions of The School Code.
    (d) "Child" means a person under 21 years of age.
    (e) A "LEADS terminal" is an interactive computerized
communication and processing unit which permits a direct
on-line communication with the Department of State Police's
central data repository, the Law Enforcement Agencies Data
System (LEADS).
    (f) A "Primary contact agency" means a law enforcement
agency which maintains a LEADS terminal, or has immediate
access to one on a 24-hour-per-day, 7-day-per-week basis by
written agreement with another law enforcement agency, and is
designated by the I SEARCH policy board to be the agency
responsible for coordinating the joint efforts between the
Department of State Police and the I SEARCH program
participants.
    (g) "Illinois State Enforcement Agencies to Recover
Children Unit" or "I SEARCH Unit" means a combination of units
of local government within a contiguous geographical area
served by one or more LEADS terminals and established to
collectively address the missing and exploited children
problem in their respective geographical areas.
    (h) "Missing child" means any person under 21 years of age
whose whereabouts are unknown to his or her parents or legal
guardian.
    (i) "Exploitation" means activities and actions which
include, but are not limited to, child pornography, aggravated
child pornography, child prostitution, child sexual abuse,
drug and substance abuse by children, and child suicide.
    (j) "Participating agency" means a law enforcement agency
that does not receive State funding, but signs an agreement of
intergovernmental cooperation with the Department to perform
the duties of an I SEARCH Unit.
(Source: P.A. 85-1209.)
 
    Section 1015. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Section 1a as follows:
 
    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
    Sec. 1a. Definitions. In this Act:
    "Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
    "Areawide sexual assault treatment plan" means a plan,
developed by the hospitals in the community or area to be
served, which provides for hospital emergency services to
sexual assault survivors that shall be made available by each
of the participating hospitals.
    "Department" means the Department of Public Health.
    "Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
    "Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 90 days of the initial visit for
hospital emergency services.
    "Forensic services" means the collection of evidence
pursuant to a statewide sexual assault evidence collection
program administered by the Department of State Police, using
the Illinois State Police Sexual Assault Evidence Collection
Kit.
    "Health care professional" means a physician, a physician
assistant, or an advanced practice nurse.
    "Hospital" has the meaning given to that term in the
Hospital Licensing Act.
    "Hospital emergency services" means healthcare delivered
to outpatients within or under the care and supervision of
personnel working in a designated emergency department of a
hospital, including, but not limited to, care ordered by such
personnel for a sexual assault survivor in the emergency
department.
    "Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
    "Nurse" means a nurse licensed under the Nurse Practice
Act.
    "Physician" means a person licensed to practice medicine in
all its branches.
    "Sexual assault" means an act of nonconsensual sexual
conduct or sexual penetration, as defined in Section 11-0.1
12-12 of the Criminal Code of 1961, including, without
limitation, acts prohibited under Sections 11-1.20 through
11-1.60 12-13 through 12-16 of the Criminal Code of 1961.
    "Sexual assault survivor" means a person who presents for
hospital emergency services in relation to injuries or trauma
resulting from a sexual assault.
    "Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital in order to receive
emergency treatment.
    "Sexual assault treatment plan" means a written plan
developed by a hospital that describes the hospital's
procedures and protocols for providing hospital emergency
services and forensic services to sexual assault survivors who
present themselves for such services, either directly or
through transfer from another hospital.
    "Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital that provides hospital emergency services and
forensic services to sexual assault survivors pursuant to a
sexual assault treatment plan or areawide sexual assault
treatment plan.
(Source: P.A. 95-432, eff. 1-1-08; 96-328, eff. 8-11-09.)
 
    Section 1020. The Consent by Minors to Medical Procedures
Act is amended by changing Section 3 as follows:
 
    (410 ILCS 210/3)  (from Ch. 111, par. 4503)
    Sec. 3. (a) Where a hospital, a physician licensed to
practice medicine or surgery, an advanced practice nurse who
has a written collaborative agreement with a collaborating
physician that authorizes provision of services for minors, or
a physician assistant who has been delegated authority to
provide services for minors renders emergency treatment or
first aid or a licensed dentist renders emergency dental
treatment to a minor, consent of the minor's parent or legal
guardian need not be obtained if, in the sole opinion of the
physician, advanced practice nurse, physician assistant,
dentist, or hospital, the obtaining of consent is not
reasonably feasible under the circumstances without adversely
affecting the condition of such minor's health.
    (b) Where a minor is the victim of a predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse or
criminal sexual abuse, as provided in Sections 11-1.20 through
11-1.60 12-13 through 12-16 of the Criminal Code of 1961, as
now or hereafter amended, the consent of the minor's parent or
legal guardian need not be obtained to authorize a hospital,
physician, advanced practice nurse, physician assistant, or
other medical personnel to furnish medical care or counseling
related to the diagnosis or treatment of any disease or injury
arising from such offense. The minor may consent to such
counseling, diagnosis or treatment as if the minor had reached
his or her age of majority. Such consent shall not be voidable,
nor subject to later disaffirmance, because of minority.
(Source: P.A. 93-962, eff. 8-20-04.)
 
    Section 1025. The Illinois Vehicle Code is amended by
changing Sections 6-106.1, 6-206, and 6-508 as follows:
 
    (625 ILCS 5/6-106.1)
    Sec. 6-106.1. School bus driver permit.
    (a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on the effective date of this
Act possess a valid school bus driver permit that has been
previously issued by the appropriate Regional School
Superintendent are not subject to the fingerprinting
provisions of this Section as long as the permit remains valid
and does not lapse. The applicant shall be required to pay all
related application and fingerprinting fees as established by
rule including, but not limited to, the amounts established by
the Department of State Police and the Federal Bureau of
Investigation to process fingerprint based criminal background
investigations. All fees paid for fingerprint processing
services under this Section shall be deposited into the State
Police Services Fund for the cost incurred in processing the
fingerprint based criminal background investigations. All
other fees paid under this Section shall be deposited into the
Road Fund for the purpose of defraying the costs of the
Secretary of State in administering this Section. All
applicants must:
        1. be 21 years of age or older;
        2. possess a valid and properly classified driver's
    license issued by the Secretary of State;
        3. possess a valid driver's license, which has not been
    revoked, suspended, or canceled for 3 years immediately
    prior to the date of application, or have not had his or
    her commercial motor vehicle driving privileges
    disqualified within the 3 years immediately prior to the
    date of application;
        4. successfully pass a written test, administered by
    the Secretary of State, on school bus operation, school bus
    safety, and special traffic laws relating to school buses
    and submit to a review of the applicant's driving habits by
    the Secretary of State at the time the written test is
    given;
        5. demonstrate ability to exercise reasonable care in
    the operation of school buses in accordance with rules
    promulgated by the Secretary of State;
        6. demonstrate physical fitness to operate school
    buses by submitting the results of a medical examination,
    including tests for drug use for each applicant not subject
    to such testing pursuant to federal law, conducted by a
    licensed physician, an advanced practice nurse who has a
    written collaborative agreement with a collaborating
    physician which authorizes him or her to perform medical
    examinations, or a physician assistant who has been
    delegated the performance of medical examinations by his or
    her supervising physician within 90 days of the date of
    application according to standards promulgated by the
    Secretary of State;
        7. affirm under penalties of perjury that he or she has
    not made a false statement or knowingly concealed a
    material fact in any application for permit;
        8. have completed an initial classroom course,
    including first aid procedures, in school bus driver safety
    as promulgated by the Secretary of State; and after
    satisfactory completion of said initial course an annual
    refresher course; such courses and the agency or
    organization conducting such courses shall be approved by
    the Secretary of State; failure to complete the annual
    refresher course, shall result in cancellation of the
    permit until such course is completed;
        9. not have been convicted of 2 or more serious traffic
    offenses, as defined by rule, within one year prior to the
    date of application that may endanger the life or safety of
    any of the driver's passengers within the duration of the
    permit period;
        10. not have been convicted of reckless driving,
    aggravated reckless driving, driving while under the
    influence of alcohol, other drug or drugs, intoxicating
    compound or compounds or any combination thereof, or
    reckless homicide resulting from the operation of a motor
    vehicle within 3 years of the date of application;
        11. not have been convicted of committing or attempting
    to commit any one or more of the following offenses: (i)
    those offenses defined in Sections 8-1.2, 9-1, 9-1.2, 9-2,
    9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4, 10-5,
    10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
    11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
    11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-15,
    11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
    11-19.1, 11-19.2, 11-20, 11-20.1, 11-20.1B, 11-20.3,
    11-21, 11-22, 11-23, 11-24, 11-25, 11-26, 11-30, 12-2.6,
    12-3.1, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
    12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-6, 12-6.2, 12-7.1,
    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 16-16,
    16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1, 20-1.1,
    20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5,
    24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 31A-1, 31A-1.1,
    33A-2, and 33D-1, and in subsection (b) of Section 8-1, and
    in subsection (a) and subsection (b), clause (1), of
    Section 12-4, and in subsection (A), clauses (a) and (b),
    of Section 24-3, and those offenses contained in Article
    29D of the Criminal Code of 1961; (ii) those offenses
    defined in the Cannabis Control Act except those offenses
    defined in subsections (a) and (b) of Section 4, and
    subsection (a) of Section 5 of the Cannabis Control Act;
    (iii) those offenses defined in the Illinois Controlled
    Substances Act; (iv) those offenses defined in the
    Methamphetamine Control and Community Protection Act; (v)
    any offense committed or attempted in any other state or
    against the laws of the United States, which if committed
    or attempted in this State would be punishable as one or
    more of the foregoing offenses; (vi) the offenses defined
    in Section 4.1 and 5.1 of the Wrongs to Children Act or
    Section 11-9.1A of the Criminal Code of 1961; (vii) those
    offenses defined in Section 6-16 of the Liquor Control Act
    of 1934; and (viii) those offenses defined in the
    Methamphetamine Precursor Control Act; .
        12. not have been repeatedly involved as a driver in
    motor vehicle collisions or been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree which indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        13. not have, through the unlawful operation of a motor
    vehicle, caused an accident resulting in the death of any
    person; and
        14. not have, within the last 5 years, been adjudged to
    be afflicted with or suffering from any mental disability
    or disease.
    (b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
    (c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, social security number and date of birth, a brief
description of the holder and a space for signature. The
Secretary of State may require a suitable photograph of the
holder.
    (d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Department of State
Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Department of State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
    (e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Department of State Police. The Federal
Bureau of Investigation shall report the findings directly to
the Secretary of State. The Secretary of State shall remove the
bus driver permit from provisional status upon the applicant's
successful completion of the Federal Bureau of Investigation's
criminal background investigation.
    (f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is convicted
in another state of an offense that would make him or her
ineligible for a permit under subsection (a) of this Section.
The written notification shall be made within 5 days of the
entry of the conviction. Failure of the permit holder to
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
    (g) Cancellation; suspension; notice and procedure.
        (1) The Secretary of State shall cancel a school bus
    driver permit of an applicant whose criminal background
    investigation discloses that he or she is not in compliance
    with the provisions of subsection (a) of this Section.
        (2) The Secretary of State shall cancel a school bus
    driver permit when he or she receives notice that the
    permit holder fails to comply with any provision of this
    Section or any rule promulgated for the administration of
    this Section.
        (3) The Secretary of State shall cancel a school bus
    driver permit if the permit holder's restricted commercial
    or commercial driving privileges are withdrawn or
    otherwise invalidated.
        (4) The Secretary of State may not issue a school bus
    driver permit for a period of 3 years to an applicant who
    fails to obtain a negative result on a drug test as
    required in item 6 of subsection (a) of this Section or
    under federal law.
        (5) The Secretary of State shall forthwith suspend a
    school bus driver permit for a period of 3 years upon
    receiving notice that the holder has failed to obtain a
    negative result on a drug test as required in item 6 of
    subsection (a) of this Section or under federal law.
        (6) The Secretary of State shall suspend a school bus
    driver permit for a period of 3 years upon receiving notice
    from the employer that the holder failed to perform the
    inspection procedure set forth in subsection (a) or (b) of
    Section 12-816 of this Code.
    The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
    All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
    (h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
    (i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
    (j) For purposes of subsections (h) and (i) of this
Section:
    "Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
    "Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(Source: P.A. 96-89, eff. 7-27-09; 96-818, eff. 11-17-09;
96-962, eff. 7-2-10; 96-1000, eff. 7-2-10; 96-1182, eff.
7-22-10; revised 9-2-10.)
 
    (625 ILCS 5/6-206)
    (Text of Section before amendment by P.A. 96-1344)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in injury
    requiring immediate professional treatment in a medical
    facility or doctor's office to any person, except that any
    suspension or revocation imposed by the Secretary of State
    under the provisions of this subsection shall start no
    later than 6 months after being convicted of violating a
    law or ordinance regulating the movement of traffic, which
    violation is related to the accident, or shall start not
    more than one year after the date of the accident,
    whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009, probationary license to
    drive, or a restricted driving permit issued under this
    Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
    of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 relating to criminal trespass to
    vehicles in which case, the suspension shall be for one
    year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall be for one
    year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois of or
    for a traffic related offense that is the same as or
    similar to an offense specified under Section 6-205 or
    6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted of the illegal possession, while
    operating or in actual physical control, as a driver, of a
    motor vehicle, of any controlled substance prohibited
    under the Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act, in which case the
    person's driving privileges shall be suspended for one
    year, and any driver who is convicted of a second or
    subsequent offense, within 5 years of a previous
    conviction, for the illegal possession, while operating or
    in actual physical control, as a driver, of a motor
    vehicle, of any controlled substance prohibited under the
    Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act shall be suspended for
    5 years. Any defendant found guilty of this offense while
    operating a motor vehicle, shall have an entry made in the
    court record by the presiding judge that this offense did
    occur while the defendant was operating a motor vehicle and
    order the clerk of the court to report the violation to the
    Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute, promoting juvenile
    prostitution as described in subdivision (a)(1), (a)(2),
    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
    and the manufacture, sale or delivery of controlled
    substances or instruments used for illegal drug use or
    abuse in which case the driver's driving privileges shall
    be suspended for one year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 or has submitted to a test resulting in an
    alcohol concentration of 0.08 or more or any amount of a
    drug, substance, or compound resulting from the unlawful
    use or consumption of cannabis as listed in the Cannabis
    Control Act, a controlled substance as listed in the
    Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 relating to the aggravated discharge
    of a firearm if the offender was located in a motor vehicle
    at the time the firearm was discharged, in which case the
    suspension shall be for 3 years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code;
        35. Has committed a violation of Section 11-1301.6 of
    this Code;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code within 2 years of the date of
    the previous violation, in which case the suspension shall
    be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code;
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance, in which case the suspension shall be
    for a period of 3 months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section; or
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
        2. If the Secretary of State suspends the driver's
    license of a person under subsection 2 of paragraph (a) of
    this Section, a person's privilege to operate a vehicle as
    an occupation shall not be suspended, provided an affidavit
    is properly completed, the appropriate fee received, and a
    permit issued prior to the effective date of the
    suspension, unless 5 offenses were committed, at least 2 of
    which occurred while operating a commercial vehicle in
    connection with the driver's regular occupation. All other
    driving privileges shall be suspended by the Secretary of
    State. Any driver prior to operating a vehicle for
    occupational purposes only must submit the affidavit on
    forms to be provided by the Secretary of State setting
    forth the facts of the person's occupation. The affidavit
    shall also state the number of offenses committed while
    operating a vehicle in connection with the driver's regular
    occupation. The affidavit shall be accompanied by the
    driver's license. Upon receipt of a properly completed
    affidavit, the Secretary of State shall issue the driver a
    permit to operate a vehicle in connection with the driver's
    regular occupation only. Unless the permit is issued by the
    Secretary of State prior to the date of suspension, the
    privilege to drive any motor vehicle shall be suspended as
    set forth in the notice that was mailed under this Section.
    If an affidavit is received subsequent to the effective
    date of this suspension, a permit may be issued for the
    remainder of the suspension period.
        The provisions of this subparagraph shall not apply to
    any driver required to possess a CDL for the purpose of
    operating a commercial motor vehicle.
        Any person who falsely states any fact in the affidavit
    required herein shall be guilty of perjury under Section
    6-302 and upon conviction thereof shall have all driving
    privileges revoked without further rights.
        3. At the conclusion of a hearing under Section 2-118
    of this Code, the Secretary of State shall either rescind
    or continue an order of revocation or shall substitute an
    order of suspension; or, good cause appearing therefor,
    rescind, continue, change, or extend the order of
    suspension. If the Secretary of State does not rescind the
    order, the Secretary may upon application, to relieve undue
    hardship (as defined by the rules of the Secretary of
    State), issue a restricted driving permit granting the
    privilege of driving a motor vehicle between the
    petitioner's residence and petitioner's place of
    employment or within the scope of the petitioner's
    employment related duties, or to allow the petitioner to
    transport himself or herself, or a family member of the
    petitioner's household to a medical facility, to receive
    necessary medical care, to allow the petitioner to
    transport himself or herself to and from alcohol or drug
    remedial or rehabilitative activity recommended by a
    licensed service provider, or to allow the petitioner to
    transport himself or herself or a family member of the
    petitioner's household to classes, as a student, at an
    accredited educational institution, or to allow the
    petitioner to transport children, elderly persons, or
    disabled persons who do not hold driving privileges and are
    living in the petitioner's household to and from daycare.
    The petitioner must demonstrate that no alternative means
    of transportation is reasonably available and that the
    petitioner will not endanger the public safety or welfare.
    Those multiple offenders identified in subdivision (b)4 of
    Section 6-208 of this Code, however, shall not be eligible
    for the issuance of a restricted driving permit.
             (A) If a person's license or permit is revoked or
        suspended due to 2 or more convictions of violating
        Section 11-501 of this Code or a similar provision of a
        local ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961, where the use
        of alcohol or other drugs is recited as an element of
        the offense, or a similar out-of-state offense, or a
        combination of these offenses, arising out of separate
        occurrences, that person, if issued a restricted
        driving permit, may not operate a vehicle unless it has
        been equipped with an ignition interlock device as
        defined in Section 1-129.1.
            (B) If a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) a single conviction of violating Section
            11-501 of this Code or a similar provision of a
            local ordinance or a similar out-of-state offense
            or Section 9-3 of the Criminal Code of 1961, where
            the use of alcohol or other drugs is recited as an
            element of the offense, or a similar out-of-state
            offense; or
                (ii) a statutory summary suspension under
            Section 11-501.1; or
                (iii) a suspension under Section 6-203.1;
        arising out of separate occurrences; that person, if
        issued a restricted driving permit, may not operate a
        vehicle unless it has been equipped with an ignition
        interlock device as defined in Section 1-129.1.
            (C) The person issued a permit conditioned upon the
        use of an ignition interlock device must pay to the
        Secretary of State DUI Administration Fund an amount
        not to exceed $30 per month. The Secretary shall
        establish by rule the amount and the procedures, terms,
        and conditions relating to these fees.
            (D) If the restricted driving permit is issued for
        employment purposes, then the prohibition against
        operating a motor vehicle that is not equipped with an
        ignition interlock device does not apply to the
        operation of an occupational vehicle owned or leased by
        that person's employer when used solely for employment
        purposes.
            (E) In each case the Secretary may issue a
        restricted driving permit for a period deemed
        appropriate, except that all permits shall expire
        within one year from the date of issuance. The
        Secretary may not, however, issue a restricted driving
        permit to any person whose current revocation is the
        result of a second or subsequent conviction for a
        violation of Section 11-501 of this Code or a similar
        provision of a local ordinance or any similar
        out-of-state offense, or Section 9-3 of the Criminal
        Code of 1961, where the use of alcohol or other drugs
        is recited as an element of the offense, or any similar
        out-of-state offense, or any combination of those
        offenses, until the expiration of at least one year
        from the date of the revocation. A restricted driving
        permit issued under this Section shall be subject to
        cancellation, revocation, and suspension by the
        Secretary of State in like manner and for like cause as
        a driver's license issued under this Code may be
        cancelled, revoked, or suspended; except that a
        conviction upon one or more offenses against laws or
        ordinances regulating the movement of traffic shall be
        deemed sufficient cause for the revocation,
        suspension, or cancellation of a restricted driving
        permit. The Secretary of State may, as a condition to
        the issuance of a restricted driving permit, require
        the applicant to participate in a designated driver
        remedial or rehabilitative program. The Secretary of
        State is authorized to cancel a restricted driving
        permit if the permit holder does not successfully
        complete the program.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
96-1305, eff. 1-1-11; revised 9-2-10.)
 
    (Text of Section after amendment by P.A. 96-1344)
    Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; Right to a hearing.
    (a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without preliminary
hearing upon a showing of the person's records or other
sufficient evidence that the person:
        1. Has committed an offense for which mandatory
    revocation of a driver's license or permit is required upon
    conviction;
        2. Has been convicted of not less than 3 offenses
    against traffic regulations governing the movement of
    vehicles committed within any 12 month period. No
    revocation or suspension shall be entered more than 6
    months after the date of last conviction;
        3. Has been repeatedly involved as a driver in motor
    vehicle collisions or has been repeatedly convicted of
    offenses against laws and ordinances regulating the
    movement of traffic, to a degree that indicates lack of
    ability to exercise ordinary and reasonable care in the
    safe operation of a motor vehicle or disrespect for the
    traffic laws and the safety of other persons upon the
    highway;
        4. Has by the unlawful operation of a motor vehicle
    caused or contributed to an accident resulting in injury
    requiring immediate professional treatment in a medical
    facility or doctor's office to any person, except that any
    suspension or revocation imposed by the Secretary of State
    under the provisions of this subsection shall start no
    later than 6 months after being convicted of violating a
    law or ordinance regulating the movement of traffic, which
    violation is related to the accident, or shall start not
    more than one year after the date of the accident,
    whichever date occurs later;
        5. Has permitted an unlawful or fraudulent use of a
    driver's license, identification card, or permit;
        6. Has been lawfully convicted of an offense or
    offenses in another state, including the authorization
    contained in Section 6-203.1, which if committed within
    this State would be grounds for suspension or revocation;
        7. Has refused or failed to submit to an examination
    provided for by Section 6-207 or has failed to pass the
    examination;
        8. Is ineligible for a driver's license or permit under
    the provisions of Section 6-103;
        9. Has made a false statement or knowingly concealed a
    material fact or has used false information or
    identification in any application for a license,
    identification card, or permit;
        10. Has possessed, displayed, or attempted to
    fraudulently use any license, identification card, or
    permit not issued to the person;
        11. Has operated a motor vehicle upon a highway of this
    State when the person's driving privilege or privilege to
    obtain a driver's license or permit was revoked or
    suspended unless the operation was authorized by a
    monitoring device driving permit, judicial driving permit
    issued prior to January 1, 2009, probationary license to
    drive, or a restricted driving permit issued under this
    Code;
        12. Has submitted to any portion of the application
    process for another person or has obtained the services of
    another person to submit to any portion of the application
    process for the purpose of obtaining a license,
    identification card, or permit for some other person;
        13. Has operated a motor vehicle upon a highway of this
    State when the person's driver's license or permit was
    invalid under the provisions of Sections 6-107.1 and 6-110;
        14. Has committed a violation of Section 6-301,
    6-301.1, or 6-301.2 of this Act, or Section 14, 14A, or 14B
    of the Illinois Identification Card Act;
        15. Has been convicted of violating Section 21-2 of the
    Criminal Code of 1961 relating to criminal trespass to
    vehicles in which case, the suspension shall be for one
    year;
        16. Has been convicted of violating Section 11-204 of
    this Code relating to fleeing from a peace officer;
        17. Has refused to submit to a test, or tests, as
    required under Section 11-501.1 of this Code and the person
    has not sought a hearing as provided for in Section
    11-501.1;
        18. Has, since issuance of a driver's license or
    permit, been adjudged to be afflicted with or suffering
    from any mental disability or disease;
        19. Has committed a violation of paragraph (a) or (b)
    of Section 6-101 relating to driving without a driver's
    license;
        20. Has been convicted of violating Section 6-104
    relating to classification of driver's license;
        21. Has been convicted of violating Section 11-402 of
    this Code relating to leaving the scene of an accident
    resulting in damage to a vehicle in excess of $1,000, in
    which case the suspension shall be for one year;
        22. Has used a motor vehicle in violating paragraph
    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
    the Criminal Code of 1961 relating to unlawful use of
    weapons, in which case the suspension shall be for one
    year;
        23. Has, as a driver, been convicted of committing a
    violation of paragraph (a) of Section 11-502 of this Code
    for a second or subsequent time within one year of a
    similar violation;
        24. Has been convicted by a court-martial or punished
    by non-judicial punishment by military authorities of the
    United States at a military installation in Illinois of or
    for a traffic related offense that is the same as or
    similar to an offense specified under Section 6-205 or
    6-206 of this Code;
        25. Has permitted any form of identification to be used
    by another in the application process in order to obtain or
    attempt to obtain a license, identification card, or
    permit;
        26. Has altered or attempted to alter a license or has
    possessed an altered license, identification card, or
    permit;
        27. Has violated Section 6-16 of the Liquor Control Act
    of 1934;
        28. Has been convicted of the illegal possession, while
    operating or in actual physical control, as a driver, of a
    motor vehicle, of any controlled substance prohibited
    under the Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act, in which case the
    person's driving privileges shall be suspended for one
    year, and any driver who is convicted of a second or
    subsequent offense, within 5 years of a previous
    conviction, for the illegal possession, while operating or
    in actual physical control, as a driver, of a motor
    vehicle, of any controlled substance prohibited under the
    Illinois Controlled Substances Act, any cannabis
    prohibited under the Cannabis Control Act, or any
    methamphetamine prohibited under the Methamphetamine
    Control and Community Protection Act shall be suspended for
    5 years. Any defendant found guilty of this offense while
    operating a motor vehicle, shall have an entry made in the
    court record by the presiding judge that this offense did
    occur while the defendant was operating a motor vehicle and
    order the clerk of the court to report the violation to the
    Secretary of State;
        29. Has been convicted of the following offenses that
    were committed while the person was operating or in actual
    physical control, as a driver, of a motor vehicle: criminal
    sexual assault, predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, criminal sexual
    abuse, aggravated criminal sexual abuse, juvenile pimping,
    soliciting for a juvenile prostitute, promoting juvenile
    prostitution as described in subdivision (a)(1), (a)(2),
    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961,
    and the manufacture, sale or delivery of controlled
    substances or instruments used for illegal drug use or
    abuse in which case the driver's driving privileges shall
    be suspended for one year;
        30. Has been convicted a second or subsequent time for
    any combination of the offenses named in paragraph 29 of
    this subsection, in which case the person's driving
    privileges shall be suspended for 5 years;
        31. Has refused to submit to a test as required by
    Section 11-501.6 or has submitted to a test resulting in an
    alcohol concentration of 0.08 or more or any amount of a
    drug, substance, or compound resulting from the unlawful
    use or consumption of cannabis as listed in the Cannabis
    Control Act, a controlled substance as listed in the
    Illinois Controlled Substances Act, an intoxicating
    compound as listed in the Use of Intoxicating Compounds
    Act, or methamphetamine as listed in the Methamphetamine
    Control and Community Protection Act, in which case the
    penalty shall be as prescribed in Section 6-208.1;
        32. Has been convicted of Section 24-1.2 of the
    Criminal Code of 1961 relating to the aggravated discharge
    of a firearm if the offender was located in a motor vehicle
    at the time the firearm was discharged, in which case the
    suspension shall be for 3 years;
        33. Has as a driver, who was less than 21 years of age
    on the date of the offense, been convicted a first time of
    a violation of paragraph (a) of Section 11-502 of this Code
    or a similar provision of a local ordinance;
        34. Has committed a violation of Section 11-1301.5 of
    this Code;
        35. Has committed a violation of Section 11-1301.6 of
    this Code;
        36. Is under the age of 21 years at the time of arrest
    and has been convicted of not less than 2 offenses against
    traffic regulations governing the movement of vehicles
    committed within any 24 month period. No revocation or
    suspension shall be entered more than 6 months after the
    date of last conviction;
        37. Has committed a violation of subsection (c) of
    Section 11-907 of this Code that resulted in damage to the
    property of another or the death or injury of another;
        38. Has been convicted of a violation of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance;
        39. Has committed a second or subsequent violation of
    Section 11-1201 of this Code;
        40. Has committed a violation of subsection (a-1) of
    Section 11-908 of this Code;
        41. Has committed a second or subsequent violation of
    Section 11-605.1 of this Code within 2 years of the date of
    the previous violation, in which case the suspension shall
    be for 90 days;
        42. Has committed a violation of subsection (a-1) of
    Section 11-1301.3 of this Code;
        43. Has received a disposition of court supervision for
    a violation of subsection (a), (d), or (e) of Section 6-20
    of the Liquor Control Act of 1934 or a similar provision of
    a local ordinance, in which case the suspension shall be
    for a period of 3 months;
        44. Is under the age of 21 years at the time of arrest
    and has been convicted of an offense against traffic
    regulations governing the movement of vehicles after
    having previously had his or her driving privileges
    suspended or revoked pursuant to subparagraph 36 of this
    Section; or
        45. Has, in connection with or during the course of a
    formal hearing conducted under Section 2-118 of this Code:
    (i) committed perjury; (ii) submitted fraudulent or
    falsified documents; (iii) submitted documents that have
    been materially altered; or (iv) submitted, as his or her
    own, documents that were in fact prepared or composed for
    another person.
    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license is
deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license or a temporary driver's
license.
    (b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be, provided
that a certified copy of a stay order of a court is filed with
the Secretary of State. If the conviction is affirmed on
appeal, the date of the conviction shall relate back to the
time the original judgment of conviction was entered and the 6
month limitation prescribed shall not apply.
    (c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
        2. If the Secretary of State suspends the driver's
    license of a person under subsection 2 of paragraph (a) of
    this Section, a person's privilege to operate a vehicle as
    an occupation shall not be suspended, provided an affidavit
    is properly completed, the appropriate fee received, and a
    permit issued prior to the effective date of the
    suspension, unless 5 offenses were committed, at least 2 of
    which occurred while operating a commercial vehicle in
    connection with the driver's regular occupation. All other
    driving privileges shall be suspended by the Secretary of
    State. Any driver prior to operating a vehicle for
    occupational purposes only must submit the affidavit on
    forms to be provided by the Secretary of State setting
    forth the facts of the person's occupation. The affidavit
    shall also state the number of offenses committed while
    operating a vehicle in connection with the driver's regular
    occupation. The affidavit shall be accompanied by the
    driver's license. Upon receipt of a properly completed
    affidavit, the Secretary of State shall issue the driver a
    permit to operate a vehicle in connection with the driver's
    regular occupation only. Unless the permit is issued by the
    Secretary of State prior to the date of suspension, the
    privilege to drive any motor vehicle shall be suspended as
    set forth in the notice that was mailed under this Section.
    If an affidavit is received subsequent to the effective
    date of this suspension, a permit may be issued for the
    remainder of the suspension period.
        The provisions of this subparagraph shall not apply to
    any driver required to possess a CDL for the purpose of
    operating a commercial motor vehicle.
        Any person who falsely states any fact in the affidavit
    required herein shall be guilty of perjury under Section
    6-302 and upon conviction thereof shall have all driving
    privileges revoked without further rights.
        3. At the conclusion of a hearing under Section 2-118
    of this Code, the Secretary of State shall either rescind
    or continue an order of revocation or shall substitute an
    order of suspension; or, good cause appearing therefor,
    rescind, continue, change, or extend the order of
    suspension. If the Secretary of State does not rescind the
    order, the Secretary may upon application, to relieve undue
    hardship (as defined by the rules of the Secretary of
    State), issue a restricted driving permit granting the
    privilege of driving a motor vehicle between the
    petitioner's residence and petitioner's place of
    employment or within the scope of the petitioner's
    employment related duties, or to allow the petitioner to
    transport himself or herself, or a family member of the
    petitioner's household to a medical facility, to receive
    necessary medical care, to allow the petitioner to
    transport himself or herself to and from alcohol or drug
    remedial or rehabilitative activity recommended by a
    licensed service provider, or to allow the petitioner to
    transport himself or herself or a family member of the
    petitioner's household to classes, as a student, at an
    accredited educational institution, or to allow the
    petitioner to transport children, elderly persons, or
    disabled persons who do not hold driving privileges and are
    living in the petitioner's household to and from daycare.
    The petitioner must demonstrate that no alternative means
    of transportation is reasonably available and that the
    petitioner will not endanger the public safety or welfare.
    Those multiple offenders identified in subdivision (b)4 of
    Section 6-208 of this Code, however, shall not be eligible
    for the issuance of a restricted driving permit.
             (A) If a person's license or permit is revoked or
        suspended due to 2 or more convictions of violating
        Section 11-501 of this Code or a similar provision of a
        local ordinance or a similar out-of-state offense, or
        Section 9-3 of the Criminal Code of 1961, where the use
        of alcohol or other drugs is recited as an element of
        the offense, or a similar out-of-state offense, or a
        combination of these offenses, arising out of separate
        occurrences, that person, if issued a restricted
        driving permit, may not operate a vehicle unless it has
        been equipped with an ignition interlock device as
        defined in Section 1-129.1.
            (B) If a person's license or permit is revoked or
        suspended 2 or more times within a 10 year period due
        to any combination of:
                (i) a single conviction of violating Section
            11-501 of this Code or a similar provision of a
            local ordinance or a similar out-of-state offense
            or Section 9-3 of the Criminal Code of 1961, where
            the use of alcohol or other drugs is recited as an
            element of the offense, or a similar out-of-state
            offense; or
                (ii) a statutory summary suspension or
            revocation under Section 11-501.1; or
                (iii) a suspension under Section 6-203.1;
        arising out of separate occurrences; that person, if
        issued a restricted driving permit, may not operate a
        vehicle unless it has been equipped with an ignition
        interlock device as defined in Section 1-129.1.
            (C) The person issued a permit conditioned upon the
        use of an ignition interlock device must pay to the
        Secretary of State DUI Administration Fund an amount
        not to exceed $30 per month. The Secretary shall
        establish by rule the amount and the procedures, terms,
        and conditions relating to these fees.
            (D) If the restricted driving permit is issued for
        employment purposes, then the prohibition against
        operating a motor vehicle that is not equipped with an
        ignition interlock device does not apply to the
        operation of an occupational vehicle owned or leased by
        that person's employer when used solely for employment
        purposes.
            (E) In each case the Secretary may issue a
        restricted driving permit for a period deemed
        appropriate, except that all permits shall expire
        within one year from the date of issuance. The
        Secretary may not, however, issue a restricted driving
        permit to any person whose current revocation is the
        result of a second or subsequent conviction for a
        violation of Section 11-501 of this Code or a similar
        provision of a local ordinance or any similar
        out-of-state offense, or Section 9-3 of the Criminal
        Code of 1961, where the use of alcohol or other drugs
        is recited as an element of the offense, or any similar
        out-of-state offense, or any combination of those
        offenses, until the expiration of at least one year
        from the date of the revocation. A restricted driving
        permit issued under this Section shall be subject to
        cancellation, revocation, and suspension by the
        Secretary of State in like manner and for like cause as
        a driver's license issued under this Code may be
        cancelled, revoked, or suspended; except that a
        conviction upon one or more offenses against laws or
        ordinances regulating the movement of traffic shall be
        deemed sufficient cause for the revocation,
        suspension, or cancellation of a restricted driving
        permit. The Secretary of State may, as a condition to
        the issuance of a restricted driving permit, require
        the applicant to participate in a designated driver
        remedial or rehabilitative program. The Secretary of
        State is authorized to cancel a restricted driving
        permit if the permit holder does not successfully
        complete the program.
    (c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver
under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
    (c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's license
will be suspended one month after the date of the mailing of
the notice.
    (c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
    (d) This Section is subject to the provisions of the
Drivers License Compact.
    (e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
    (f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the
operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 95-166, eff. 1-1-08; 95-310, eff. 1-1-08; 95-382,
eff. 8-23-07; 95-400, eff. 1-1-09; 95-627, eff. 6-1-08; 95-848,
eff. 1-1-09; 95-876, eff. 8-21-08; 95-894, eff. 1-1-09; 96-328,
eff. 8-11-09; 96-607, eff. 8-24-09; 96-1180, eff. 1-1-11;
96-1305, eff. 1-1-11; 96-1344, eff. 7-1-11; revised 9-2-10.)
 
    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
    Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
    (a) Testing.
        (1) General. No person shall be issued an original or
    renewal CDL unless that person is domiciled in this State.
    The Secretary shall cause to be administered such tests as
    the Secretary deems necessary to meet the requirements of
    49 C.F.R. Part 383, subparts F, G, H, and J.
        (2) Third party testing. The Secretary of state may
    authorize a "third party tester", pursuant to 49 C.F.R.
    Part 383.75, to administer the skills test or tests
    specified by Federal Motor Carrier Safety Administration
    pursuant to the Commercial Motor Vehicle Safety Act of 1986
    and any appropriate federal rule.
    (b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. Part 383.77 and Part 383.123.
    (c) Limitations on issuance of a CDL. A CDL, or a
commercial driver instruction permit, shall not be issued to a
person while the person is subject to a disqualification from
driving a commercial motor vehicle, or unless otherwise
permitted by this Code, while the person's driver's license is
suspended, revoked or cancelled in any state, or any territory
or province of Canada; nor may a CDL be issued to a person who
has a CDL issued by any other state, or foreign jurisdiction,
unless the person first surrenders all such licenses. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may be
met with the aid of a hearing aid.
    (c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
        (1) the person has submitted his or her fingerprints to
    the Department of State Police in the form and manner
    prescribed by the Department of State Police. These
    fingerprints shall be checked against the fingerprint
    records now and hereafter filed in the Department of State
    Police and Federal Bureau of Investigation criminal
    history records databases;
        (2) the person has passed a written test, administered
    by the Secretary of State, on charter bus operation,
    charter bus safety, and certain special traffic laws
    relating to school buses determined by the Secretary of
    State to be relevant to charter buses, and submitted to a
    review of the driver applicant's driving habits by the
    Secretary of State at the time the written test is given;
        (3) the person has demonstrated physical fitness to
    operate school buses by submitting the results of a medical
    examination, including tests for drug use; and
        (4) the person has not been convicted of committing or
    attempting to commit any one or more of the following
    offenses: (i) those offenses defined in Sections 8-1.2,
    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
    12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11,
    12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2, 12-21.5,
    12-21.6, 12-33, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4,
    18-5, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
    31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection (b) of
    Section 8-1, and in subsection (a) and subsection (b),
    clause (1), of Section 12-4, and in subsection (A), clauses
    (a) and (b), of Section 24-3, and those offenses contained
    in Article 29D of the Criminal Code of 1961; (ii) those
    offenses defined in the Cannabis Control Act except those
    offenses defined in subsections (a) and (b) of Section 4,
    and subsection (a) of Section 5 of the Cannabis Control
    Act; (iii) those offenses defined in the Illinois
    Controlled Substances Act; (iv) those offenses defined in
    the Methamphetamine Control and Community Protection Act;
    (v) any offense committed or attempted in any other state
    or against the laws of the United States, which if
    committed or attempted in this State would be punishable as
    one or more of the foregoing offenses; (vi) the offenses
    defined in Sections 4.1 and 5.1 of the Wrongs to Children
    Act or Section 11-9.1A of the Criminal Code of 1961; (vii)
    those offenses defined in Section 6-16 of the Liquor
    Control Act of 1934; and (viii) those offenses defined in
    the Methamphetamine Precursor Control Act.
    The Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
    (c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
    (d) Commercial driver instruction permit. A commercial
driver instruction permit may be issued to any person holding a
valid Illinois driver's license if such person successfully
passes such tests as the Secretary determines to be necessary.
A commercial driver instruction permit shall not be issued to a
person who does not meet the requirements of 49 CFR 391.41
(b)(11), except for the renewal of a commercial driver
instruction permit for a person who possesses a commercial
instruction permit prior to the effective date of this
amendatory Act of 1999.
(Source: P.A. 95-331, eff. 8-21-07; 95-382, eff. 8-23-07;
96-1182, eff. 7-22-10.)
 
    Section 1030. The Juvenile Court Act of 1987 is amended by
changing Sections 1-8, 2-17, 2-25, 3-19, 3-26, 4-16, 4-23,
5-170, and 5-730 as follows:
 
    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
    Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
    (A) Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
        (1) The minor who is the subject of record, his
    parents, guardian and counsel.
        (2) Law enforcement officers and law enforcement
    agencies when such information is essential to executing an
    arrest or search warrant or other compulsory process, or to
    conducting an ongoing investigation or relating to a minor
    who has been adjudicated delinquent and there has been a
    previous finding that the act which constitutes the
    previous offense was committed in furtherance of criminal
    activities by a criminal street gang.
        Before July 1, 1994, for the purposes of this Section,
    "criminal street gang" means any ongoing organization,
    association, or group of 3 or more persons, whether formal
    or informal, having as one of its primary activities the
    commission of one or more criminal acts and that has a
    common name or common identifying sign, symbol or specific
    color apparel displayed, and whose members individually or
    collectively engage in or have engaged in a pattern of
    criminal activity.
        Beginning July 1, 1994, for purposes of this Section,
    "criminal street gang" has the meaning ascribed to it in
    Section 10 of the Illinois Streetgang Terrorism Omnibus
    Prevention Act.
        (3) Judges, hearing officers, prosecutors, probation
    officers, social workers or other individuals assigned by
    the court to conduct a pre-adjudication or predisposition
    investigation, and individuals responsible for supervising
    or providing temporary or permanent care and custody for
    minors pursuant to the order of the juvenile court when
    essential to performing their responsibilities.
        (4) Judges, prosecutors and probation officers:
            (a) in the course of a trial when institution of
        criminal proceedings has been permitted or required
        under Section 5-805; or
            (b) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a proceeding to determine the amount of
        bail; or
            (c) when criminal proceedings have been permitted
        or required under Section 5-805 and a minor is the
        subject of a pre-trial investigation, pre-sentence
        investigation or fitness hearing, or proceedings on an
        application for probation; or
            (d) when a minor becomes 17 years of age or older,
        and is the subject of criminal proceedings, including a
        hearing to determine the amount of bail, a pre-trial
        investigation, a pre-sentence investigation, a fitness
        hearing, or proceedings on an application for
        probation.
        (5) Adult and Juvenile Prisoner Review Boards.
        (6) Authorized military personnel.
        (7) Victims, their subrogees and legal
    representatives; however, such persons shall have access
    only to the name and address of the minor and information
    pertaining to the disposition or alternative adjustment
    plan of the juvenile court.
        (8) Persons engaged in bona fide research, with the
    permission of the presiding judge of the juvenile court and
    the chief executive of the agency that prepared the
    particular records; provided that publication of such
    research results in no disclosure of a minor's identity and
    protects the confidentiality of the record.
        (9) The Secretary of State to whom the Clerk of the
    Court shall report the disposition of all cases, as
    required in Section 6-204 of the Illinois Vehicle Code.
    However, information reported relative to these offenses
    shall be privileged and available only to the Secretary of
    State, courts, and police officers.
        (10) The administrator of a bonafide substance abuse
    student assistance program with the permission of the
    presiding judge of the juvenile court.
        (11) Mental health professionals on behalf of the
    Illinois Department of Corrections or the Department of
    Human Services or prosecutors who are evaluating,
    prosecuting, or investigating a potential or actual
    petition brought under the Sexually Persons Commitment Act
    relating to a person who is the subject of juvenile court
    records or the respondent to a petition brought under the
    Sexually Violent Persons Commitment Act, who is the subject
    of juvenile court records sought. Any records and any
    information obtained from those records under this
    paragraph (11) may be used only in sexually violent persons
    commitment proceedings.
    (A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
    (B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
    (C) Except as otherwise provided in this subsection (C),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court
presiding over matters pursuant to this Act.
        (0.1) In cases where the records concern a pending
    juvenile court case, the party seeking to inspect the
    juvenile court records shall provide actual notice to the
    attorney or guardian ad litem of the minor whose records
    are sought.
        (0.2) In cases where the records concern a juvenile
    court case that is no longer pending, the party seeking to
    inspect the juvenile court records shall provide actual
    notice to the minor or the minor's parent or legal
    guardian, and the matter shall be referred to the chief
    judge presiding over matters pursuant to this Act.
        (0.3) In determining whether the records should be
    available for inspection, the court shall consider the
    minor's interest in confidentiality and rehabilitation
    over the moving party's interest in obtaining the
    information. The State's Attorney, the minor, and the
    minor's parents, guardian, and counsel shall at all times
    have the right to examine court files and records. For
    purposes of obtaining documents pursuant to this Section, a
    civil subpoena is not an order of the court.
        (0.4) Any records obtained in violation of this
    subsection (C) shall not be admissible in any criminal or
    civil proceeding, or operate to disqualify a minor from
    subsequently holding public office, or operate as a
    forfeiture of any public benefit, right, privilege, or
    right to receive any license granted by public authority.
        (1) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    adjudicated a delinquent minor under this Act under either
    of the following circumstances:
            (A) The adjudication of delinquency was based upon
        the minor's commission of first degree murder, attempt
        to commit first degree murder, aggravated criminal
        sexual assault, or criminal sexual assault; or
            (B) The court has made a finding that the minor was
        at least 13 years of age at the time the act was
        committed and the adjudication of delinquency was
        based upon the minor's commission of: (i) an act in
        furtherance of the commission of a felony as a member
        of or on behalf of a criminal street gang, (ii) an act
        involving the use of a firearm in the commission of a
        felony, (iii) an act that would be a Class X felony
        offense under or the minor's second or subsequent Class
        2 or greater felony offense under the Cannabis Control
        Act if committed by an adult, (iv) an act that would be
        a second or subsequent offense under Section 402 of the
        Illinois Controlled Substances Act if committed by an
        adult, (v) an act that would be an offense under
        Section 401 of the Illinois Controlled Substances Act
        if committed by an adult, (vi) an act that would be a
        second or subsequent offense under Section 60 of the
        Methamphetamine Control and Community Protection Act,
        or (vii) an act that would be an offense under another
        Section of the Methamphetamine Control and Community
        Protection Act.
        (2) The court shall allow the general public to have
    access to the name, address, and offense of a minor who is
    at least 13 years of age at the time the offense is
    committed and who is convicted, in criminal proceedings
    permitted or required under Section 5-4, under either of
    the following circumstances:
            (A) The minor has been convicted of first degree
        murder, attempt to commit first degree murder,
        aggravated criminal sexual assault, or criminal sexual
        assault,
            (B) The court has made a finding that the minor was
        at least 13 years of age at the time the offense was
        committed and the conviction was based upon the minor's
        commission of: (i) an offense in furtherance of the
        commission of a felony as a member of or on behalf of a
        criminal street gang, (ii) an offense involving the use
        of a firearm in the commission of a felony, (iii) a
        Class X felony offense under or a second or subsequent
        Class 2 or greater felony offense under the Cannabis
        Control Act, (iv) a second or subsequent offense under
        Section 402 of the Illinois Controlled Substances Act,
        (v) an offense under Section 401 of the Illinois
        Controlled Substances Act, (vi) an act that would be a
        second or subsequent offense under Section 60 of the
        Methamphetamine Control and Community Protection Act,
        or (vii) an act that would be an offense under another
        Section of the Methamphetamine Control and Community
        Protection Act.
    (D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961, the victim of
any such offense shall receive the rights set out in Sections 4
and 6 of the Bill of Rights for Victims and Witnesses of
Violent Crime Act; and the juvenile who is the subject of the
adjudication, notwithstanding any other provision of this Act,
shall be treated as an adult for the purpose of affording such
rights to the victim.
    (E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of any state,
county or municipality examining the character and fitness of
an applicant for employment with a law enforcement agency,
correctional institution, or fire department to ascertain
whether that applicant was ever adjudicated to be a delinquent
minor and, if so, to examine the records of disposition or
evidence which were made in proceedings under this Act.
    (F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961, the
State's Attorney shall ascertain whether the minor respondent
is enrolled in school and, if so, shall provide a copy of the
dispositional order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be
limited to the principal or chief administrative officer of the
school and any guidance counselor designated by him.
    (G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
    (H) When a Court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that Court shall
request, and the Court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the Court
record, including all documents, petitions, and orders filed
therein and the minute orders, transcript of proceedings, and
docket entries of the Court.
    (I) The Clerk of the Circuit Court shall report to the
Department of State Police, in the form and manner required by
the Department of State Police, the final disposition of each
minor who has been arrested or taken into custody before his or
her 17th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be maintained
with records that the Department files under Section 2.1 of the
Criminal Identification Act.
(Source: P.A. 95-123, eff. 8-13-07; 96-212, eff. 8-10-09.)
 
    (705 ILCS 405/2-17)  (from Ch. 37, par. 802-17)
    Sec. 2-17. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging that
the minor is a person described in Sections 2-3 or 2-4 of this
Article, the court shall appoint a guardian ad litem for the
minor if:
        (a) such petition alleges that the minor is an abused
    or neglected child; or
        (b) such petition alleges that charges alleging the
    commission of any of the sex offenses defined in Article 11
    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
    Criminal Code of 1961, as amended, have been filed against
    a defendant in any court and that such minor is the alleged
    victim of the acts of defendant in the commission of such
    offense.
    Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law he shall be represented in
the performance of his duties by counsel. The guardian ad litem
shall represent the best interests of the minor and shall
present recommendations to the court consistent with that duty.
    (2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
        (a) no parent, guardian, custodian or relative of the
    minor appears at the first or any subsequent hearing of the
    case;
        (b) the petition prays for the appointment of a
    guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    court resulted from a report made pursuant to the Abused
    and Neglected Child Reporting Act.
    (3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and his parents or other custodian or that it
is otherwise in the minor's best interest to do so.
    (4) Unless the guardian ad litem is an attorney, he shall
be represented by counsel.
    (5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
    (6) A guardian ad litem appointed under this Section, shall
receive copies of any and all classified reports of child abuse
and neglect made under the Abused and Neglected Child Reporting
Act in which the minor who is the subject of a report under the
Abused and Neglected Child Reporting Act, is also the minor for
whom the guardian ad litem is appointed under this Section.
    (7) The appointed guardian ad litem shall remain the
child's guardian ad litem throughout the entire juvenile trial
court proceedings, including permanency hearings and
termination of parental rights proceedings, unless there is a
substitution entered by order of the court.
    (8) The guardian ad litem or an agent of the guardian ad
litem shall have a minimum of one in-person contact with the
minor and one contact with one of the current foster parents or
caregivers prior to the adjudicatory hearing, and at least one
additional in-person contact with the child and one contact
with one of the current foster parents or caregivers after the
adjudicatory hearing but prior to the first permanency hearing
and one additional in-person contact with the child and one
contact with one of the current foster parents or caregivers
each subsequent year. For good cause shown, the judge may
excuse face-to-face interviews required in this subsection.
    (9) In counties with a population of 100,000 or more but
less than 3,000,000, each guardian ad litem must successfully
complete a training program approved by the Department of
Children and Family Services. The Department of Children and
Family Services shall provide training materials and documents
to guardians ad litem who are not mandated to attend the
training program. The Department of Children and Family
Services shall develop and distribute to all guardians ad litem
a bibliography containing information including but not
limited to the juvenile court process, termination of parental
rights, child development, medical aspects of child abuse, and
the child's need for safety and permanence.
(Source: P.A. 89-462, eff. 5-29-96; 90-27, eff. 1-1-98; 90-28,
eff. 1-1-98.)
 
    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
    Sec. 2-25. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
        (a) to stay away from the home or the minor;
        (b) to permit a parent to visit the minor at stated
    periods;
        (c) to abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) to give proper attention to the care of the home;
        (e) to cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) to prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) to refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor;
        (h) to refrain from contacting the minor and the foster
    parents in any manner that is not specified in writing in
    the case plan.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1, aggravated battery of
a child under Section 12-4.3, criminal sexual assault under
Section 12-13, aggravated criminal sexual assault under
Section 12-14, predatory criminal sexual assault of a child
under Section 12-14.1, criminal sexual abuse under Section
12-15, or aggravated criminal sexual abuse as described in
under Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the health, safety,
and best interests of the minor and the public will be served
thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act if
such an order is consistent with the health, safety, and best
interests of the minor. Any person against whom an order of
protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be
informed prior to the hearing in writing of the contents of the
petition seeking a protective order and of the date, place and
time of such hearing, and to cross examine witnesses called by
the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a temporary custody hearing, the court may not
conduct a hearing on the petition in the absence of the person
against whom the order is sought unless the petitioner has
notified such person by personal service at least 3 days before
the hearing or has sent written notice by first class mail to
such person's last known address at least 5 days before the
hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
Any modification of the order granted by the court must be
determined to be consistent with the best interests of the
minor.
    (9) If a petition is filed charging a violation of a
condition contained in the protective order and if the court
determines that this violation is of a critical service
necessary to the safety and welfare of the minor, the court may
proceed to findings and an order for temporary custody.
(Source: P.A. 95-405, eff. 6-1-08.)
 
    (705 ILCS 405/3-19)  (from Ch. 37, par. 803-19)
    Sec. 3-19. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging that
the minor requires authoritative intervention, the court may
appoint a guardian ad litem for the minor if
        (a) such petition alleges that the minor is the victim
    of sexual abuse or misconduct; or
        (b) such petition alleges that charges alleging the
    commission of any of the sex offenses defined in Article 11
    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
    Criminal Code of 1961, as amended, have been filed against
    a defendant in any court and that such minor is the alleged
    victim of the acts of the defendant in the commission of
    such offense.
    (2) Unless the guardian ad litem appointed pursuant to
paragraph (1) is an attorney at law he shall be represented in
the performance of his duties by counsel.
    (3) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
        (a) no parent, guardian, custodian or relative of the
    minor appears at the first or any subsequent hearing of the
    case;
        (b) the petition prays for the appointment of a
    guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    court resulted from a report made pursuant to the Abused
    and Neglected Child Reporting Act.
    (4) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and his parents or other custodian or that it
is otherwise in the minor's interest to do so.
    (5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
    Sec. 3-26. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
        (a) To stay away from the home or the minor;
        (b) To permit a parent to visit the minor at stated
    periods;
        (c) To abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) To give proper attention to the care of the home;
        (e) To cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) To prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) To refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1, aggravated battery of
a child under Section 12-4.3, criminal sexual assault under
Section 12-13, aggravated criminal sexual assault under
Section 12-14, predatory criminal sexual assault of a child
under Section 12-14.1, criminal sexual abuse under Section
12-15, or aggravated criminal sexual abuse as described in
under Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-655, eff. 7-30-98.)
 
    (705 ILCS 405/4-16)  (from Ch. 37, par. 804-16)
    Sec. 4-16. Guardian ad litem.
    (1) Immediately upon the filing of a petition alleging that
the minor is a person described in Section 4-3 of this Act, the
court may appoint a guardian ad litem for the minor if:
        (a) such petition alleges that the minor is the victim
    of sexual abuse or misconduct; or
        (b) such petition alleges that charges alleging the
    commission of any of the sex offenses defined in Article 11
    or in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
    11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
    Criminal Code of 1961, as amended, have been filed against
    a defendant in any court and that such minor is the alleged
    victim of the acts of the defendant in the commission of
    such offense.
    Unless the guardian ad litem appointed pursuant to this
paragraph (1) is an attorney at law he shall be represented in
the performance of his duties by counsel.
    (2) Before proceeding with the hearing, the court shall
appoint a guardian ad litem for the minor if
        (a) no parent, guardian, custodian or relative of the
    minor appears at the first or any subsequent hearing of the
    case;
        (b) the petition prays for the appointment of a
    guardian with power to consent to adoption; or
        (c) the petition for which the minor is before the
    court resulted from a report made pursuant to the Abused
    and Neglected Child Reporting Act.
    (3) The court may appoint a guardian ad litem for the minor
whenever it finds that there may be a conflict of interest
between the minor and his parents or other custodian or that it
is otherwise in the minor's interest to do so.
    (4) Unless the guardian ad litem is an attorney, he shall
be represented by counsel.
    (5) The reasonable fees of a guardian ad litem appointed
under this Section shall be fixed by the court and charged to
the parents of the minor, to the extent they are able to pay.
If the parents are unable to pay those fees, they shall be paid
from the general fund of the county.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
    Sec. 4-23. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
        (a) To stay away from the home or the minor;
        (b) To permit a parent to visit the minor at stated
    periods;
        (c) To abstain from offensive conduct against the
    minor, his parent or any person to whom custody of the
    minor is awarded;
        (d) To give proper attention to the care of the home;
        (e) To cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) To prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) To refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1, aggravated battery of
a child under Section 12-4.3, criminal sexual assault under
Section 12-13, aggravated criminal sexual assault under
Section 12-14, predatory criminal sexual assault of a child
under Section 12-14.1, criminal sexual abuse under Section
12-15, or aggravated criminal sexual abuse as described in
under Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of such
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-655, eff. 7-30-98.)
 
    (705 ILCS 405/5-170)
    Sec. 5-170. Representation by counsel.
    (a) In a proceeding under this Article, a minor who was
under 13 years of age at the time of the commission of an act
that if committed by an adult would be a violation of Section
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 must be represented by
counsel during the entire custodial interrogation of the minor.
    (b) In a judicial proceeding under this Article, a minor
may not waive the right to the assistance of counsel in his or
her defense.
(Source: P.A. 94-345, eff. 7-26-05.)
 
    (705 ILCS 405/5-730)
    Sec. 5-730. Order of protection.
    (1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. The order may
require a person:
        (a) to stay away from the home or the minor;
        (b) to permit a parent to visit the minor at stated
    periods;
        (c) to abstain from offensive conduct against the
    minor, his or her parent or any person to whom custody of
    the minor is awarded;
        (d) to give proper attention to the care of the home;
        (e) to cooperate in good faith with an agency to which
    custody of a minor is entrusted by the court or with an
    agency or association to which the minor is referred by the
    court;
        (f) to prohibit and prevent any contact whatsoever with
    the respondent minor by a specified individual or
    individuals who are alleged in either a criminal or
    juvenile proceeding to have caused injury to a respondent
    minor or a sibling of a respondent minor;
        (g) to refrain from acts of commission or omission that
    tend to make the home not a proper place for the minor.
    (2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery under Section 12-4.1, aggravated battery of
a child under Section 12-4.3, criminal sexual assault under
Section 12-13, aggravated criminal sexual assault under
Section 12-14, predatory criminal sexual assault of a child
under Section 12-14.1, criminal sexual abuse under Section
12-15, or aggravated criminal sexual abuse as described in
under Section 12-16 of the Criminal Code of 1961, or has been
convicted of an offense that resulted in the death of a child,
or has violated a previous order of protection under this
Section.
    (3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the sheriff of that county. The sheriff
shall furnish a copy of the order of protection to the
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Department of
State Police shall maintain a complete record and index of the
orders of protection and make this data available to all local
law enforcement agencies.
    (4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served by the modification,
extension, or termination.
    (5) An order of protection may be sought at any time during
the course of any proceeding conducted under this Act. Any
person against whom an order of protection is sought may retain
counsel to represent him or her at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place, and time of the hearing, and to
cross-examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
    (6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care or detention hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify the person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a shelter care or detention hearing, the court
may not conduct a hearing on the petition in the absence of the
person against whom the order is sought unless the petitioner
has notified the person by personal service at least 3 days
before the hearing or has sent written notice by first class
mail to the person's last known address at least 5 days before
the hearing.
    (7) A person against whom an order of protection is being
sought who is neither a parent, guardian, or legal custodian or
responsible relative as described in Section 1-5 of this Act or
is not a party or respondent as defined in that Section shall
not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
the person does not have a right to inspect the court file.
    (8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official, or special process
server shall promptly serve that order upon that person and
file proof of that service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 90-590, eff. 1-1-99.)
 
    Section 1035. The Criminal Code of 1961 is amended by
changing Sections 1-6, 2-10.1, 3-5, 3-6, 8-2, 12-3.2, 12-11,
12-18.1, 12-30, 36-1, and 37-1 as follows:
 
    (720 ILCS 5/1-6)  (from Ch. 38, par. 1-6)
    Sec. 1-6. Place of trial.
    (a) Generally.
    Criminal actions shall be tried in the county where the
offense was committed, except as otherwise provided by law. The
State is not required to prove during trial that the alleged
offense occurred in any particular county in this State. When a
defendant contests the place of trial under this Section, all
proceedings regarding this issue shall be conducted under
Section 114-1 of the Code of Criminal Procedure of 1963. All
objections of improper place of trial are waived by a defendant
unless made before trial.
    (b) Assailant and Victim in Different Counties.
    If a person committing an offense upon the person of
another is located in one county and his victim is located in
another county at the time of the commission of the offense,
trial may be had in either of said counties.
    (c) Death and Cause of Death in Different Places or
Undetermined.
    If cause of death is inflicted in one county and death
ensues in another county, the offender may be tried in either
county. If neither the county in which the cause of death was
inflicted nor the county in which death ensued are known before
trial, the offender may be tried in the county where the body
was found.
    (d) Offense Commenced Outside the State.
    If the commission of an offense commenced outside the State
is consummated within this State, the offender shall be tried
in the county where the offense is consummated.
    (e) Offenses Committed in Bordering Navigable Waters.
    If an offense is committed on any of the navigable waters
bordering on this State, the offender may be tried in any
county adjacent to such navigable water.
    (f) Offenses Committed while in Transit.
    If an offense is committed upon any railroad car, vehicle,
watercraft or aircraft passing within this State, and it cannot
readily be determined in which county the offense was
committed, the offender may be tried in any county through
which such railroad car, vehicle, watercraft or aircraft has
passed.
    (g) Theft.
    A person who commits theft of property may be tried in any
county in which he exerted control over such property.
    (h) Bigamy.
    A person who commits the offense of bigamy may be tried in
any county where the bigamous marriage or bigamous cohabitation
has occurred.
    (i) Kidnaping.
    A person who commits the offense of kidnaping may be tried
in any county in which his victim has traveled or has been
confined during the course of the offense.
    (j) Pandering.
    A person who commits the offense of pandering as set forth
in Section 11-14.3 may be tried in any county in which the
prostitution was practiced or in any county in which any act in
furtherance of the offense shall have been committed.
    (k) Treason.
    A person who commits the offense of treason may be tried in
any county.
    (l) Criminal Defamation.
    If criminal defamation is spoken, printed or written in one
county and is received or circulated in another or other
counties, the offender shall be tried in the county where the
defamation is spoken, printed or written. If the defamation is
spoken, printed or written outside this state, or the offender
resides outside this state, the offender may be tried in any
county in this state in which the defamation was circulated or
received.
    (m) Inchoate Offenses.
    A person who commits an inchoate offense may be tried in
any county in which any act which is an element of the offense,
including the agreement in conspiracy, is committed.
    (n) Accountability for Conduct of Another.
    Where a person in one county solicits, aids, abets, agrees,
or attempts to aid another in the planning or commission of an
offense in another county, he may be tried for the offense in
either county.
    (o) Child Abduction.
    A person who commits the offense of child abduction may be
tried in any county in which his victim has traveled, been
detained, concealed or removed to during the course of the
offense. Notwithstanding the foregoing, unless for good cause
shown, the preferred place of trial shall be the county of the
residence of the lawful custodian.
    (p) A person who commits the offense of narcotics
racketeering may be tried in any county where cannabis or a
controlled substance which is the basis for the charge of
narcotics racketeering was used; acquired; transferred or
distributed to, from or through; or any county where any act
was performed to further the use; acquisition, transfer or
distribution of said cannabis or controlled substance; any
money, property, property interest, or any other asset
generated by narcotics activities was acquired, used, sold,
transferred or distributed to, from or through; or, any
enterprise interest obtained as a result of narcotics
racketeering was acquired, used, transferred or distributed
to, from or through, or where any activity was conducted by the
enterprise or any conduct to further the interests of such an
enterprise.
    (q) A person who commits the offense of money laundering
may be tried in any county where any part of a financial
transaction in criminally derived property took place or in any
county where any money or monetary instrument which is the
basis for the offense was acquired, used, sold, transferred or
distributed to, from or through.
    (r) A person who commits the offense of cannabis
trafficking or controlled substance trafficking may be tried in
any county.
    (s) A person who commits the offense of online sale of
stolen property, online theft by deception, or electronic
fencing may be tried in any county where any one or more
elements of the offense took place, regardless of whether the
element of the offense was the result of acts by the accused,
the victim or by another person, and regardless of whether the
defendant was ever physically present within the boundaries of
the county.
    (t) A person who commits the offense of identity theft or
aggravated identity theft may be tried in any one of the
following counties in which: (1) the offense occurred; (2) the
information used to commit the offense was illegally used; or
(3) the victim resides.
    If a person is charged with more than one violation of
identity theft or aggravated identity theft and those
violations may be tried in more than one county, any of those
counties is a proper venue for all of the violations.
(Source: P.A. 94-51, eff. 1-1-06; 94-179, eff. 7-12-05; 95-331,
eff. 8-21-07.)
 
    (720 ILCS 5/2-10.1)  (from Ch. 38, par. 2-10.1)
    Sec. 2-10.1. "Severely or profoundly mentally retarded
person" means a person (i) whose intelligence quotient does not
exceed 40 or (ii) whose intelligence quotient does not exceed
55 and who suffers from significant mental illness to the
extent that the person's ability to exercise rational judgment
is impaired. In any proceeding in which the defendant is
charged with committing a violation of Section 10-2, 10-5,
11-1.30, 11-1.60, 11-14.4, 11-15.1, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 12-4.3, 12-14, or 12-16 of this Code against
a victim who is alleged to be a severely or profoundly mentally
retarded person, any findings concerning the victim's status as
a severely or profoundly mentally retarded person, made by a
court after a judicial admission hearing concerning the victim
under Articles V and VI of Chapter 4 of the Mental Health and
Developmental Disabilities Code shall be admissible.
(Source: P.A. 92-434, eff. 1-1-02.)
 
    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
    Sec. 3-5. General Limitations.
    (a) A prosecution for: (1) first degree murder, attempt to
commit first degree murder, second degree murder, involuntary
manslaughter, reckless homicide, leaving the scene of a motor
vehicle accident involving death or personal injuries under
Section 11-401 of the Illinois Vehicle Code, failing to give
information and render aid under Section 11-403 of the Illinois
Vehicle Code, concealment of homicidal death, treason, arson,
aggravated arson, forgery, child pornography under paragraph
(1) of subsection (a) of Section 11-20.1, aggravated child
pornography under paragraph (1) of subsection (a) of Section
11-20.1B 11-20.3, or (2) any offense involving sexual conduct
or sexual penetration, as defined by Section 11-0.1 12-12 of
this Code in which the DNA profile of the offender is obtained
and entered into a DNA database within 10 years after the
commission of the offense, may be commenced at any time. Clause
(2) of this subsection (a) applies if either: (i) the victim
reported the offense to law enforcement authorities within 3
years after the commission of the offense unless a longer
period for reporting the offense to law enforcement authorities
is provided in Section 3-6 or (ii) the victim is murdered
during the course of the offense or within 2 years after the
commission of the offense.
    (b) Unless the statute describing the offense provides
otherwise, or the period of limitation is extended by Section
3-6, a prosecution for any offense not designated in Subsection
(a) must be commenced within 3 years after the commission of
the offense if it is a felony, or within one year and 6 months
after its commission if it is a misdemeanor.
(Source: P.A. 95-899, eff. 1-1-09; 96-292, eff. 1-1-10.)
 
    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
    Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
    (a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
        (1) If the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal
    disability or within one year after the termination
    thereof.
        (2) In any other instance, within one year after the
    discovery of the offense by an aggrieved person, or by a
    person who has legal capacity to represent an aggrieved
    person or has a legal duty to report the offense, and is
    not himself or herself a party to the offense; or in the
    absence of such discovery, within one year after the proper
    prosecuting officer becomes aware of the offense. However,
    in no such case is the period of limitation so extended
    more than 3 years beyond the expiration of the period
    otherwise applicable.
    (b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
    (c) (Blank).
    (d) A prosecution for child pornography, aggravated child
pornography, indecent solicitation of a child, soliciting for a
juvenile prostitute, juvenile pimping, or exploitation of a
child, or promoting juvenile prostitution except for keeping a
place of juvenile prostitution may be commenced within one year
of the victim attaining the age of 18 years. However, in no
such case shall the time period for prosecution expire sooner
than 3 years after the commission of the offense. When the
victim is under 18 years of age, a prosecution for criminal
sexual abuse may be commenced within one year of the victim
attaining the age of 18 years. However, in no such case shall
the time period for prosecution expire sooner than 3 years
after the commission of the offense.
    (e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 11-0.1 12-12 of this Code,
where the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
    (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
    (f-5) A prosecution for any offense set forth in Section
16G-15 or 16G-20 of this Code may be commenced within 5 years
after the discovery of the offense by the victim of that
offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
    Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j) When the victim is under 18 years of age at the time of
the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse, or a prosecution for failure of a person
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act may be commenced within 20 years after the child
victim attains 18 years of age. When the victim is under 18
years of age at the time of the offense, a prosecution for
misdemeanor criminal sexual abuse may be commenced within 10
years after the child victim attains 18 years of age.
    Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under Section 16G-15, aggravated identity theft under Section
16G-20, or any offense set forth in Article 16H may be
commenced within 7 years of the last act committed in
furtherance of the crime.
(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
 
    (720 ILCS 5/8-2)  (from Ch. 38, par. 8-2)
    Sec. 8-2. Conspiracy.
    (a) Elements of the offense. A person commits the offense
of conspiracy when, with intent that an offense be committed,
he or she agrees with another to the commission of that
offense. No person may be convicted of conspiracy to commit an
offense unless an act in furtherance of that agreement is
alleged and proved to have been committed by him or her or by a
co-conspirator.
    (b) Co-conspirators. It is not a defense to conspiracy that
the person or persons with whom the accused is alleged to have
conspired:
        (1) have not been prosecuted or convicted,
        (2) have been convicted of a different offense,
        (3) are not amenable to justice,
        (4) have been acquitted, or
        (5) lacked the capacity to commit an offense.
    (c) Sentence.
        (1) Except as otherwise provided in this subsection or
    Code, a person convicted of conspiracy to commit:
            (A) a Class X felony shall be sentenced for a Class
        1 felony;
            (B) a Class 1 felony shall be sentenced for a Class
        2 felony;
            (C) a Class 2 felony shall be sentenced for a Class
        3 felony;
            (D) a Class 3 felony shall be sentenced for a Class
        4 felony;
            (E) a Class 4 felony shall be sentenced for a Class
        4 felony; and
            (F) a misdemeanor may be fined or imprisoned or
        both not to exceed the maximum provided for the offense
        that is the object of the conspiracy.
        (2) A person convicted of conspiracy to commit any of
    the following offenses shall be sentenced for a Class X
    felony:
            (A) aggravated insurance fraud conspiracy when the
        person is an organizer of the conspiracy (720 ILCS
        5/46-4); or
            (B) aggravated governmental entity insurance fraud
        conspiracy when the person is an organizer of the
        conspiracy (720 ILCS 5/46-4).
        (3) A person convicted of conspiracy to commit any of
    the following offenses shall be sentenced for a Class 1
    felony:
            (A) first degree murder (720 ILCS 5/9-1); or
            (B) aggravated insurance fraud (720 ILCS 5/46-3)
        or aggravated governmental insurance fraud (720 ILCS
        5/46-3).
        (4) A person convicted of conspiracy to commit
    insurance fraud (720 ILCS 5/46-3) or governmental entity
    insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
    Class 2 felony.
        (5) A person convicted of conspiracy to commit any of
    the following offenses shall be sentenced for a Class 3
    felony:
            (A) soliciting for a prostitute (720 ILCS
        5/11-14.3(a)(1) 5/11-15);
            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
        5/11-14.3(a)(2)(B) 5/11-16);
            (C) keeping a place of prostitution (720 ILCS
        5/11-14.3(a)(1) 5/11-17);
            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C) 5/11-19);
            (E) unlawful use of weapons under Section
        24-1(a)(1) (720 ILCS 5/24-1(a)(1));
            (F) unlawful use of weapons under Section
        24-1(a)(7) (720 ILCS 5/24-1(a)(7));
            (G) gambling (720 ILCS 5/28-1);
            (H) keeping a gambling place (720 ILCS 5/28-3);
            (I) registration of federal gambling stamps
        violation (720 ILCS 5/28-4);
            (J) look-alike substances violation (720 ILCS
        570/404);
            (K) miscellaneous controlled substance violation
        under Section 406(b) (720 ILCS 570/406(b)); or
            (L) an inchoate offense related to any of the
        principal offenses set forth in this item (5).
(Source: P.A. 96-710, eff. 1-1-10.)
 
    (720 ILCS 5/12-3.2)  (from Ch. 38, par. 12-3.2)
    Sec. 12-3.2. Domestic Battery.
    (a) A person commits domestic battery if he intentionally
or knowingly without legal justification by any means:
        (1) Causes bodily harm to any family or household
    member as defined in subsection (3) of Section 112A-3 of
    the Code of Criminal Procedure of 1963, as amended;
        (2) Makes physical contact of an insulting or provoking
    nature with any family or household member as defined in
    subsection (3) of Section 112A-3 of the Code of Criminal
    Procedure of 1963, as amended.
    (b) Sentence. Domestic battery is a Class A misdemeanor.
Domestic battery is a Class 4 felony if the defendant has any
prior conviction under this Code for domestic battery (Section
12-3.2) or violation of an order of protection (Section 12-30),
or any prior conviction under the law of another jurisdiction
for an offense which is substantially similar. Domestic battery
is a Class 4 felony if the defendant has any prior conviction
under this Code for first degree murder (Section 9-1), attempt
to commit first degree murder (Section 8-4), aggravated
domestic battery (Section 12-3.3), aggravated battery (Section
12-4), heinous battery (Section 12-4.1), aggravated battery
with a firearm (Section 12-4.2), aggravated battery of a child
(Section 12-4.3), aggravated battery of an unborn child
(Section 12-4.4), aggravated battery of a senior citizen
(Section 12-4.6), stalking (Section 12-7.3), aggravated
stalking (Section 12-7.4), criminal sexual assault (Section
11-1.20 or 12-13), aggravated criminal sexual assault (Section
11-1.30 or 12-14), kidnapping (Section 10-1), aggravated
kidnapping (Section 10-2), predatory criminal sexual assault
of a child (Section 11-1.40 or 12-14.1), aggravated criminal
sexual abuse (Section 11-1.60 or 12-16), unlawful restraint
(Section 10-3), aggravated unlawful restraint (Section
10-3.1), aggravated arson (Section 20-1.1), or aggravated
discharge of a firearm (Section 24-1.2), or any prior
conviction under the law of another jurisdiction for any
offense that is substantially similar to the offenses listed in
this Section, when any of these offenses have been committed
against a family or household member as defined in Section
112A-3 of the Code of Criminal Procedure of 1963. In addition
to any other sentencing alternatives, for any second or
subsequent conviction of violating this Section, the offender
shall be mandatorily sentenced to a minimum of 72 consecutive
hours of imprisonment. The imprisonment shall not be subject to
suspension, nor shall the person be eligible for probation in
order to reduce the sentence.
    (c) Domestic battery committed in the presence of a child.
In addition to any other sentencing alternatives, a defendant
who commits, in the presence of a child, a felony domestic
battery (enhanced under subsection (b)), aggravated domestic
battery (Section 12-3.3), aggravated battery (Section 12-4),
unlawful restraint (Section 10-3), or aggravated unlawful
restraint (Section 10-3.1) against a family or household
member, as defined in Section 112A-3 of the Code of Criminal
Procedure of 1963, shall be required to serve a mandatory
minimum imprisonment of 10 days or perform 300 hours of
community service, or both. The defendant shall further be
liable for the cost of any counseling required for the child at
the discretion of the court in accordance with subsection (b)
of Section 5-5-6 of the Unified Code of Corrections. For
purposes of this Section, "child" means a person under 18 years
of age who is the defendant's or victim's child or step-child
or who is a minor child residing within or visiting the
household of the defendant or victim. For purposes of this
Section, "in the presence of a child" means in the physical
presence of a child or knowing or having reason to know that a
child is present and may see or hear an act constituting one of
the offenses listed in this subsection.
    (d) Upon conviction of domestic battery, the court shall
advise the defendant orally or in writing, substantially as
follows: "An individual convicted of domestic battery may be
subject to federal criminal penalties for possessing,
transporting, shipping, or receiving any firearm or ammunition
in violation of the federal Gun Control Act of 1968 (18 U.S.C.
922(g)(8) and (9))." A notation shall be made in the court file
that the admonition was given.
(Source: P.A. 96-287, eff. 8-11-09.)
 
    (720 ILCS 5/12-11)  (from Ch. 38, par. 12-11)
    Sec. 12-11. Home Invasion.
    (a) A person who is not a peace officer acting in the line
of duty commits home invasion when without authority he or she
knowingly enters the dwelling place of another when he or she
knows or has reason to know that one or more persons is present
or he or she knowingly enters the dwelling place of another and
remains in such dwelling place until he or she knows or has
reason to know that one or more persons is present or who
falsely represents himself or herself, including but not
limited to, falsely representing himself or herself to be a
representative of any unit of government or a construction,
telecommunications, or utility company, for the purpose of
gaining entry to the dwelling place of another when he or she
knows or has reason to know that one or more persons are
present and
        (1) While armed with a dangerous weapon, other than a
    firearm, uses force or threatens the imminent use of force
    upon any person or persons within such dwelling place
    whether or not injury occurs, or
        (2) Intentionally causes any injury, except as
    provided in subsection (a)(5), to any person or persons
    within such dwelling place, or
        (3) While armed with a firearm uses force or threatens
    the imminent use of force upon any person or persons within
    such dwelling place whether or not injury occurs, or
        (4) Uses force or threatens the imminent use of force
    upon any person or persons within such dwelling place
    whether or not injury occurs and during the commission of
    the offense personally discharges a firearm, or
        (5) Personally discharges a firearm that proximately
    causes great bodily harm, permanent disability, permanent
    disfigurement, or death to another person within such
    dwelling place, or
        (6) Commits, against any person or persons within that
    dwelling place, a violation of Section 11-1.20, 11-1.30,
    11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15,
    or 12-16 of the Criminal Code of 1961.
    (b) It is an affirmative defense to a charge of home
invasion that the accused who knowingly enters the dwelling
place of another and remains in such dwelling place until he or
she knows or has reason to know that one or more persons is
present either immediately leaves such premises or surrenders
to the person or persons lawfully present therein without
either attempting to cause or causing serious bodily injury to
any person present therein.
    (c) Sentence. Home invasion in violation of subsection
(a)(1), (a)(2) or (a)(6) is a Class X felony. A violation of
subsection (a)(3) is a Class X felony for which 15 years shall
be added to the term of imprisonment imposed by the court. A
violation of subsection (a)(4) is a Class X felony for which 20
years shall be added to the term of imprisonment imposed by the
court. A violation of subsection (a)(5) is a Class X felony for
which 25 years or up to a term of natural life shall be added to
the term of imprisonment imposed by the court.
    (d) For purposes of this Section, "dwelling place of
another" includes a dwelling place where the defendant
maintains a tenancy interest but from which the defendant has
been barred by a divorce decree, judgment of dissolution of
marriage, order of protection, or other court order.
(Source: P.A. 96-1113, eff. 1-1-11.)
 
    (720 ILCS 5/12-18.1)  (from Ch. 38, par. 12-18.1)
    Sec. 12-18.1. Civil Liability. (a) If any person has been
convicted of any offense defined in Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15, or 12-16 of
this Act, a victim of such offense has a cause of action for
damages against any person or entity who, by the manufacture,
production, or wholesale distribution of any obscene material
which was possessed or viewed by the person convicted of the
offense, proximately caused such person, through his or her
reading or viewing of the obscene material, to commit the
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-15, or 12-16. No victim may recover
in any such action unless he or she proves by a preponderance
of the evidence that: (1) the reading or viewing of the
specific obscene material manufactured, produced, or
distributed wholesale by the defendant proximately caused the
person convicted of the violation of Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15, or 12-16 to
commit such violation and (2) the defendant knew or had reason
to know that the manufacture, production, or wholesale
distribution of such material was likely to cause a violation
of an offense substantially of the type enumerated.
    (b) The manufacturer, producer or wholesale distributor
shall be liable to the victim for:
    (1) actual damages incurred by the victim, including
medical costs;
    (2) court costs and reasonable attorneys fees;
    (3) infliction of emotional distress;
    (4) pain and suffering; and
    (5) loss of consortium.
    (c) Every action under this Section shall be commenced
within 3 years after the conviction of the defendant for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-15 or 12-16 of this Code. However, if
the victim was under the age of 18 years at the time of the
conviction of the defendant for a violation of Section 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-15 or
12-16 of this Code, an action under this Section shall be
commenced within 3 years after the victim attains the age of 18
years.
    (d) For the purposes of this Section:
    (1) "obscene" has the meaning ascribed to it in subsection
(b) of Section 11-20 of this Code;
    (2) "wholesale distributor" means any individual,
partnership, corporation, association, or other legal entity
which stands between the manufacturer and the retail seller in
purchases, consignments, contracts for sale or rental of the
obscene material;
    (3) "producer" means any individual, partnership,
corporation, association, or other legal entity which finances
or supervises, to any extent, the production or making of
obscene material;
    (4) "manufacturer" means any individual, partnership,
corporation, association, or other legal entity which
manufacturers, assembles or produces obscene material.
(Source: P.A. 86-857.)
 
    (720 ILCS 5/12-30)  (from Ch. 38, par. 12-30)
    Sec. 12-30. Violation of an order of protection.
    (a) A person commits violation of an order of protection
if:
        (1) He or she commits an act which was prohibited by a
    court or fails to commit an act which was ordered by a
    court in violation of:
            (i) a remedy in a valid order of protection
        authorized under paragraphs (1), (2), (3), (14), or
        (14.5) of subsection (b) of Section 214 of the Illinois
        Domestic Violence Act of 1986,
            (ii) a remedy, which is substantially similar to
        the remedies authorized under paragraphs (1), (2),
        (3), (14) or (14.5) of subsection (b) of Section 214 of
        the Illinois Domestic Violence Act of 1986, in a valid
        order of protection, which is authorized under the laws
        of another state, tribe or United States territory,
            (iii) any other remedy when the act constitutes a
        crime against the protected parties as the term
        protected parties is defined in Section 112A-4 of the
        Code of Criminal Procedure of 1963; and
        (2) Such violation occurs after the offender has been
    served notice of the contents of the order, pursuant to the
    Illinois Domestic Violence Act of 1986 or any substantially
    similar statute of another state, tribe or United States
    territory, or otherwise has acquired actual knowledge of
    the contents of the order.
    An order of protection issued by a state, tribal or
territorial court related to domestic or family violence shall
be deemed valid if the issuing court had jurisdiction over the
parties and matter under the law of the state, tribe or
territory. There shall be a presumption of validity where an
order is certified and appears authentic on its face.
    (a-5) Failure to provide reasonable notice and opportunity
to be heard shall be an affirmative defense to any charge or
process filed seeking enforcement of a foreign order of
protection.
    (b) For purposes of this Section, an "order of protection"
may have been issued in a criminal or civil proceeding.
    (c) Nothing in this Section shall be construed to diminish
the inherent authority of the courts to enforce their lawful
orders through civil or criminal contempt proceedings.
    (d) Violation of an order of protection under subsection
(a) of this Section is a Class A misdemeanor. Violation of an
order of protection under subsection (a) of this Section is a
Class 4 felony if the defendant has any prior conviction under
this Code for domestic battery (Section 12-3.2) or violation of
an order of protection (Section 12-30). Violation of an order
of protection is a Class 4 felony if the defendant has any
prior conviction under this Code for first degree murder
(Section 9-1), attempt to commit first degree murder (Section
8-4), aggravated domestic battery (Section 12-3.3), aggravated
battery (Section 12-4), heinous battery (Section 12-4.1),
aggravated battery with a firearm (Section 12-4.2), aggravated
battery of a child (Section 12-4.3), aggravated battery of an
unborn child (Section 12-4.4), aggravated battery of a senior
citizen (Section 12-4.6), stalking (Section 12-7.3),
aggravated stalking (Section 12-7.4), criminal sexual assault
(Section 11-1.20 or 12-13), aggravated criminal sexual assault
(Section 11-1.30 or 12-14), kidnapping (Section 10-1),
aggravated kidnapping (Section 10-2), predatory criminal
sexual assault of a child (Section 11-1.40 or 12-14.1),
aggravated criminal sexual abuse (Section 11-1.60 or 12-16),
unlawful restraint (Section 10-3), aggravated unlawful
restraint (Section 10-3.1), aggravated arson (Section 20-1.1),
or aggravated discharge of a firearm (Section 24-1.2), when any
of these offenses have been committed against a family or
household member as defined in Section 112A-3 of the Code of
Criminal Procedure of 1963. The court shall impose a minimum
penalty of 24 hours imprisonment for defendant's second or
subsequent violation of any order of protection; unless the
court explicitly finds that an increased penalty or such period
of imprisonment would be manifestly unjust. In addition to any
other penalties, the court may order the defendant to pay a
fine as authorized under Section 5-9-1 of the Unified Code of
Corrections or to make restitution to the victim under Section
5-5-6 of the Unified Code of Corrections. In addition to any
other penalties, including those imposed by Section 5-9-1.5 of
the Unified Code of Corrections, the court shall impose an
additional fine of $20 as authorized by Section 5-9-1.11 of the
Unified Code of Corrections upon any person convicted of or
placed on supervision for a violation of this Section. The
additional fine shall be imposed for each violation of this
Section.
    (e) The limitations placed on law enforcement liability by
Section 305 of the Illinois Domestic Violence Act of 1986 apply
to actions taken under this Section.
(Source: P.A. 91-112, eff. 10-1-99; 91-357, eff. 7-29-99;
92-827, eff. 8-22-02.)
 
    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
    Sec. 36-1. Seizure. Any vessel, vehicle or aircraft used
with the knowledge and consent of the owner in the commission
of, or in the attempt to commit as defined in Section 8-4 of
this Code, an offense prohibited by (a) Section 9-1, 9-3, 10-2,
11-1.20, 11-1.30, 11-1.40, 11-6, 11-14.4 except for keeping a
place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
11-20.1, 11-20.1B, 11-20.3, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3,
12-4.6, 12-7.3, 12-7.4, 12-13, 12-14, 16-1 if the theft is of
precious metal or of scrap metal, 18-2, 19-1, 19-2, 19-3, 20-1,
20-2, 24-1.2, 24-1.2-5, 24-1.5, 28-1, or 29D-15.2 of this Code,
paragraph (a) of Section 12-4 of this Code, paragraph (a) of
Section 11-1.50, paragraph (a) of Section 12-15, paragraph (a),
(c), or (d) of Section 11-1.60, or paragraphs (a), (c) or (d)
of Section 12-16 of this Code, or paragraph (a)(6) or (a)(7) of
Section 24-1 of this Code; (b) Section 21, 22, 23, 24 or 26 of
the Cigarette Tax Act if the vessel, vehicle or aircraft
contains more than 10 cartons of such cigarettes; (c) Section
28, 29 or 30 of the Cigarette Use Tax Act if the vessel,
vehicle or aircraft contains more than 10 cartons of such
cigarettes; (d) Section 44 of the Environmental Protection Act;
(e) 11-204.1 of the Illinois Vehicle Code; (f) (1) driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code during a
period in which his or her driving privileges are revoked or
suspended where the revocation or suspension was for driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof,
Section 11-501.1, paragraph (b) of Section 11-401, or for
reckless homicide as defined in Section 9-3 of the Criminal
Code of 1961; (2) driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or any
combination thereof and has been previously convicted of
reckless homicide or a similar provision of a law of another
state relating to reckless homicide in which the person was
determined to have been under the influence of alcohol, other
drug or drugs, or intoxicating compound or compounds as an
element of the offense or the person has previously been
convicted of committing a violation of driving under the
influence of alcohol or other drug or drugs, intoxicating
compound or compounds or any combination thereof and was
involved in a motor vehicle accident that resulted in death,
great bodily harm, or permanent disability or disfigurement to
another, when the violation was a proximate cause of the death
or injuries; (3) the person committed a violation of driving
under the influence of alcohol or other drug or drugs,
intoxicating compound or compounds or any combination thereof
under Section 11-501 of the Illinois Vehicle Code or a similar
provision for the third or subsequent time; (4) the person
committed the violation while he or she did not possess a
driver's license or permit or a restricted driving permit or a
judicial driving permit or a monitoring device driving permit;
or (5) the person committed the violation while he or she knew
or should have known that the vehicle he or she was driving was
not covered by a liability insurance policy, or (d)(1)(I); (g)
an offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code; or (h) an offense described in
subsection (e) of Section 6-101 of the Illinois Vehicle Code;
may be seized and delivered forthwith to the sheriff of the
county of seizure.
    Within 15 days after such delivery the sheriff shall give
notice of seizure to each person according to the following
method: Upon each such person whose right, title or interest is
of record in the office of the Secretary of State, the
Secretary of Transportation, the Administrator of the Federal
Aviation Agency, or any other Department of this State, or any
other state of the United States if such vessel, vehicle or
aircraft is required to be so registered, as the case may be,
by mailing a copy of the notice by certified mail to the
address as given upon the records of the Secretary of State,
the Department of Aeronautics, Department of Public Works and
Buildings or any other Department of this State or the United
States if such vessel, vehicle or aircraft is required to be so
registered. Within that 15 day period the sheriff shall also
notify the State's Attorney of the county of seizure about the
seizure.
    In addition, any mobile or portable equipment used in the
commission of an act which is in violation of Section 7g of the
Metropolitan Water Reclamation District Act shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vessels,
vehicles and aircraft, and any such equipment shall be deemed a
vessel, vehicle or aircraft for purposes of this Article.
    When a person discharges a firearm at another individual
from a vehicle with the knowledge and consent of the owner of
the vehicle and with the intent to cause death or great bodily
harm to that individual and as a result causes death or great
bodily harm to that individual, the vehicle shall be subject to
seizure and forfeiture under the same procedures provided in
this Article for the seizure and forfeiture of vehicles used in
violations of clauses (a), (b), (c), or (d) of this Section.
    If the spouse of the owner of a vehicle seized for an
offense described in subsection (g) of Section 6-303 of the
Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
11-501 of the Illinois Vehicle Code, or Section 9-3 of this
Code makes a showing that the seized vehicle is the only source
of transportation and it is determined that the financial
hardship to the family as a result of the seizure outweighs the
benefit to the State from the seizure, the vehicle may be
forfeited to the spouse or family member and the title to the
vehicle shall be transferred to the spouse or family member who
is properly licensed and who requires the use of the vehicle
for employment or family transportation purposes. A written
declaration of forfeiture of a vehicle under this Section shall
be sufficient cause for the title to be transferred to the
spouse or family member. The provisions of this paragraph shall
apply only to one forfeiture per vehicle. If the vehicle is the
subject of a subsequent forfeiture proceeding by virtue of a
subsequent conviction of either spouse or the family member,
the spouse or family member to whom the vehicle was forfeited
under the first forfeiture proceeding may not utilize the
provisions of this paragraph in another forfeiture proceeding.
If the owner of the vehicle seized owns more than one vehicle,
the procedure set out in this paragraph may be used for only
one vehicle.
    Property declared contraband under Section 40 of the
Illinois Streetgang Terrorism Omnibus Prevention Act may be
seized and forfeited under this Article.
(Source: P.A. 96-313, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10; 96-1267, eff. 7-26-10; 96-1289, eff.
1-1-11; revised 9-16-10.)
 
    (720 ILCS 5/37-1)  (from Ch. 38, par. 37-1)
    Sec. 37-1. Maintaining Public Nuisance. Any building used
in the commission of offenses prohibited by Sections 9-1, 10-1,
10-2, 11-14, 11-15, 11-16, 11-17, 11-20, 11-20.1, 11-20.1B,
11-20.3, 11-21, 11-22, 12-5.1, 16-1, 20-2, 23-1, 23-1(a)(1),
24-1(a)(7), 24-3, 28-1, 28-3, 31-5 or 39A-1, or subdivision
(a)(1), (a)(2)(A), or (a)(2)(B) of Section 11-14.3, of the
Criminal Code of 1961, or prohibited by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, or the Cannabis Control Act, or used in the
commission of an inchoate offense relative to any of the
aforesaid principal offenses, or any real property erected,
established, maintained, owned, leased, or used by a streetgang
for the purpose of conducting streetgang related activity as
defined in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act is a public nuisance.
    (b) Sentence. A person convicted of knowingly maintaining
such a public nuisance commits a Class A misdemeanor. Each
subsequent offense under this Section is a Class 4 felony.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 1040. The Code of Criminal Procedure of 1963 is
amended by changing Sections 110-6.3, 110-10, 111-8, 114-4,
115-7, 115-7.2, 115-7.3, 115-10, 115-10.3, 115-11, 115-11.1,
115-13, 115-16, 116-4, 124B-10, 124B-100, 124B-420, and
124B-500 as follows:
 
    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
    Sec. 110-6.3. Denial of bail in stalking and aggravated
stalking offenses.
    (a) Upon verified petition by the State, the court shall
hold a hearing to determine whether bail should be denied to a
defendant who is charged with stalking or aggravated stalking,
when it is alleged that the defendant's admission to bail poses
a real and present threat to the physical safety of the alleged
victim of the offense, and denial of release on bail or
personal recognizance is necessary to prevent fulfillment of
the threat upon which the charge is based.
        (1) A petition may be filed without prior notice to the
    defendant at the first appearance before a judge, or within
    21 calendar days, except as provided in Section 110-6,
    after arrest and release of the defendant upon reasonable
    notice to defendant; provided that while the petition is
    pending before the court, the defendant if previously
    released shall not be detained.
        (2) The hearing shall be held immediately upon the
    defendant's appearance before the court, unless for good
    cause shown the defendant or the State seeks a continuance.
    A continuance on motion of the defendant may not exceed 5
    calendar days, and the defendant may be held in custody
    during the continuance. A continuance on the motion of the
    State may not exceed 3 calendar days; however, the
    defendant may be held in custody during the continuance
    under this provision if the defendant has been previously
    found to have violated an order of protection or has been
    previously convicted of, or granted court supervision for,
    any of the offenses set forth in Sections 11-1.20, 11-1.30,
    11-1.40, 11-1.50, 11-1.60, 12-2, 12-3.2, 12-3.3, 12-4,
    12-4.1, 12-7.3, 12-7.4, 12-13, 12-14, 12-14.1, 12-15 or
    12-16 of the Criminal Code of 1961, against the same person
    as the alleged victim of the stalking or aggravated
    stalking offense.
    (b) The court may deny bail to the defendant when, after
the hearing, it is determined that:
        (1) the proof is evident or the presumption great that
    the defendant has committed the offense of stalking or
    aggravated stalking; and
        (2) the defendant poses a real and present threat to
    the physical safety of the alleged victim of the offense;
    and
        (3) the denial of release on bail or personal
    recognizance is necessary to prevent fulfillment of the
    threat upon which the charge is based; and
        (4) the court finds that no condition or combination of
    conditions set forth in subsection (b) of Section 110-10 of
    this Code, including mental health treatment at a community
    mental health center, hospital, or facility of the
    Department of Human Services, can reasonably assure the
    physical safety of the alleged victim of the offense.
    (c) Conduct of the hearings.
        (1) The hearing on the defendant's culpability and
    threat to the alleged victim of the offense shall be
    conducted in accordance with the following provisions:
            (A) Information used by the court in its findings
        or stated in or offered at the hearing may be by way of
        proffer based upon reliable information offered by the
        State or by defendant. Defendant has the right to be
        represented by counsel, and if he is indigent, to have
        counsel appointed for him. Defendant shall have the
        opportunity to testify, to present witnesses in his own
        behalf, and to cross-examine witnesses if any are
        called by the State. The defendant has the right to
        present witnesses in his favor. When the ends of
        justice so require, the court may exercise its
        discretion and compel the appearance of a complaining
        witness. The court shall state on the record reasons
        for granting a defense request to compel the presence
        of a complaining witness. Cross-examination of a
        complaining witness at the pretrial detention hearing
        for the purpose of impeaching the witness' credibility
        is insufficient reason to compel the presence of the
        witness. In deciding whether to compel the appearance
        of a complaining witness, the court shall be
        considerate of the emotional and physical well-being
        of the witness. The pretrial detention hearing is not
        to be used for the purposes of discovery, and the post
        arraignment rules of discovery do not apply. The State
        shall tender to the defendant, prior to the hearing,
        copies of defendant's criminal history, if any, if
        available, and any written or recorded statements and
        the substance of any oral statements made by any
        person, if relied upon by the State. The rules
        concerning the admissibility of evidence in criminal
        trials do not apply to the presentation and
        consideration of information at the hearing. At the
        trial concerning the offense for which the hearing was
        conducted neither the finding of the court nor any
        transcript or other record of the hearing shall be
        admissible in the State's case in chief, but shall be
        admissible for impeachment, or as provided in Section
        115-10.1 of this Code, or in a perjury proceeding.
            (B) A motion by the defendant to suppress evidence
        or to suppress a confession shall not be entertained.
        Evidence that proof may have been obtained as the
        result of an unlawful search and seizure or through
        improper interrogation is not relevant to this state of
        the prosecution.
        (2) The facts relied upon by the court to support a
    finding that:
            (A) the defendant poses a real and present threat
        to the physical safety of the alleged victim of the
        offense; and
            (B) the denial of release on bail or personal
        recognizance is necessary to prevent fulfillment of
        the threat upon which the charge is based;
    shall be supported by clear and convincing evidence
    presented by the State.
    (d) Factors to be considered in making a determination of
the threat to the alleged victim of the offense. The court may,
in determining whether the defendant poses, at the time of the
hearing, a real and present threat to the physical safety of
the alleged victim of the offense, consider but shall not be
limited to evidence or testimony concerning:
        (1) The nature and circumstances of the offense
    charged;
        (2) The history and characteristics of the defendant
    including:
            (A) Any evidence of the defendant's prior criminal
        history indicative of violent, abusive or assaultive
        behavior, or lack of that behavior. The evidence may
        include testimony or documents received in juvenile
        proceedings, criminal, quasi-criminal, civil
        commitment, domestic relations or other proceedings;
            (B) Any evidence of the defendant's psychological,
        psychiatric or other similar social history that tends
        to indicate a violent, abusive, or assaultive nature,
        or lack of any such history.
        (3) The nature of the threat which is the basis of the
    charge against the defendant;
        (4) Any statements made by, or attributed to the
    defendant, together with the circumstances surrounding
    them;
        (5) The age and physical condition of any person
    assaulted by the defendant;
        (6) Whether the defendant is known to possess or have
    access to any weapon or weapons;
        (7) Whether, at the time of the current offense or any
    other offense or arrest, the defendant was on probation,
    parole, mandatory supervised release or other release from
    custody pending trial, sentencing, appeal or completion of
    sentence for an offense under federal or state law;
        (8) Any other factors, including those listed in
    Section 110-5 of this Code, deemed by the court to have a
    reasonable bearing upon the defendant's propensity or
    reputation for violent, abusive or assaultive behavior, or
    lack of that behavior.
    (e) The court shall, in any order denying bail to a person
charged with stalking or aggravated stalking:
        (1) briefly summarize the evidence of the defendant's
    culpability and its reasons for concluding that the
    defendant should be held without bail;
        (2) direct that the defendant be committed to the
    custody of the sheriff for confinement in the county jail
    pending trial;
        (3) direct that the defendant be given a reasonable
    opportunity for private consultation with counsel, and for
    communication with others of his choice by visitation, mail
    and telephone; and
        (4) direct that the sheriff deliver the defendant as
    required for appearances in connection with court
    proceedings.
    (f) If the court enters an order for the detention of the
defendant under subsection (e) of this Section, the defendant
shall be brought to trial on the offense for which he is
detained within 90 days after the date on which the order for
detention was entered. If the defendant is not brought to trial
within the 90 day period required by this subsection (f), he
shall not be held longer without bail. In computing the 90 day
period, the court shall omit any period of delay resulting from
a continuance granted at the request of the defendant. The
court shall immediately notify the alleged victim of the
offense that the defendant has been admitted to bail under this
subsection.
    (g) Any person shall be entitled to appeal any order
entered under this Section denying bail to the defendant.
    (h) The State may appeal any order entered under this
Section denying any motion for denial of bail.
    (i) Nothing in this Section shall be construed as modifying
or limiting in any way the defendant's presumption of innocence
in further criminal proceedings.
(Source: P.A. 90-14, eff. 7-1-97; 91-445, eff. 1-1-00.)
 
    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
    Sec. 110-10. Conditions of bail bond.
    (a) If a person is released prior to conviction, either
upon payment of bail security or on his or her own
recognizance, the conditions of the bail bond shall be that he
or she will:
        (1) Appear to answer the charge in the court having
    jurisdiction on a day certain and thereafter as ordered by
    the court until discharged or final order of the court;
        (2) Submit himself or herself to the orders and process
    of the court;
        (3) Not depart this State without leave of the court;
        (4) Not violate any criminal statute of any
    jurisdiction;
        (5) At a time and place designated by the court,
    surrender all firearms in his or her possession to a law
    enforcement officer designated by the court to take custody
    of and impound the firearms and physically surrender his or
    her Firearm Owner's Identification Card to the clerk of the
    circuit court when the offense the person has been charged
    with is a forcible felony, stalking, aggravated stalking,
    domestic battery, any violation of the Illinois Controlled
    Substances Act, the Methamphetamine Control and Community
    Protection Act, or the Cannabis Control Act that is
    classified as a Class 2 or greater felony, or any felony
    violation of Article 24 of the Criminal Code of 1961; the
    court may, however, forgo the imposition of this condition
    when the circumstances of the case clearly do not warrant
    it or when its imposition would be impractical; all legally
    possessed firearms shall be returned to the person upon the
    charges being dismissed, or if the person is found not
    guilty, unless the finding of not guilty is by reason of
    insanity; and
        (6) At a time and place designated by the court, submit
    to a psychological evaluation when the person has been
    charged with a violation of item (4) of subsection (a) of
    Section 24-1 of the Criminal Code of 1961 and that
    violation occurred in a school or in any conveyance owned,
    leased, or contracted by a school to transport students to
    or from school or a school-related activity, or on any
    public way within 1,000 feet of real property comprising
    any school.
    Psychological evaluations ordered pursuant to this Section
shall be completed promptly and made available to the State,
the defendant, and the court. As a further condition of bail
under these circumstances, the court shall order the defendant
to refrain from entering upon the property of the school,
including any conveyance owned, leased, or contracted by a
school to transport students to or from school or a
school-related activity, or on any public way within 1,000 feet
of real property comprising any school. Upon receipt of the
psychological evaluation, either the State or the defendant may
request a change in the conditions of bail, pursuant to Section
110-6 of this Code. The court may change the conditions of bail
to include a requirement that the defendant follow the
recommendations of the psychological evaluation, including
undergoing psychiatric treatment. The conclusions of the
psychological evaluation and any statements elicited from the
defendant during its administration are not admissible as
evidence of guilt during the course of any trial on the charged
offense, unless the defendant places his or her mental
competency in issue.
    (b) The court may impose other conditions, such as the
following, if the court finds that such conditions are
reasonably necessary to assure the defendant's appearance in
court, protect the public from the defendant, or prevent the
defendant's unlawful interference with the orderly
administration of justice:
        (1) Report to or appear in person before such person or
    agency as the court may direct;
        (2) Refrain from possessing a firearm or other
    dangerous weapon;
        (3) Refrain from approaching or communicating with
    particular persons or classes of persons;
        (4) Refrain from going to certain described
    geographical areas or premises;
        (5) Refrain from engaging in certain activities or
    indulging in intoxicating liquors or in certain drugs;
        (6) Undergo treatment for drug addiction or
    alcoholism;
        (7) Undergo medical or psychiatric treatment;
        (8) Work or pursue a course of study or vocational
    training;
        (9) Attend or reside in a facility designated by the
    court;
        (10) Support his or her dependents;
        (11) If a minor resides with his or her parents or in a
    foster home, attend school, attend a non-residential
    program for youths, and contribute to his or her own
    support at home or in a foster home;
        (12) Observe any curfew ordered by the court;
        (13) Remain in the custody of such designated person or
    organization agreeing to supervise his release. Such third
    party custodian shall be responsible for notifying the
    court if the defendant fails to observe the conditions of
    release which the custodian has agreed to monitor, and
    shall be subject to contempt of court for failure so to
    notify the court;
        (14) Be placed under direct supervision of the Pretrial
    Services Agency, Probation Department or Court Services
    Department in a pretrial bond home supervision capacity
    with or without the use of an approved electronic
    monitoring device subject to Article 8A of Chapter V of the
    Unified Code of Corrections;
        (14.1) The court shall impose upon a defendant who is
    charged with any alcohol, cannabis, methamphetamine, or
    controlled substance violation and is placed under direct
    supervision of the Pretrial Services Agency, Probation
    Department or Court Services Department in a pretrial bond
    home supervision capacity with the use of an approved
    monitoring device, as a condition of such bail bond, a fee
    that represents costs incidental to the electronic
    monitoring for each day of such bail supervision ordered by
    the court, unless after determining the inability of the
    defendant to pay the fee, the court assesses a lesser fee
    or no fee as the case may be. The fee shall be collected by
    the clerk of the circuit court. The clerk of the circuit
    court shall pay all monies collected from this fee to the
    county treasurer for deposit in the substance abuse
    services fund under Section 5-1086.1 of the Counties Code;
        (14.2) The court shall impose upon all defendants,
    including those defendants subject to paragraph (14.1)
    above, placed under direct supervision of the Pretrial
    Services Agency, Probation Department or Court Services
    Department in a pretrial bond home supervision capacity
    with the use of an approved monitoring device, as a
    condition of such bail bond, a fee which shall represent
    costs incidental to such electronic monitoring for each day
    of such bail supervision ordered by the court, unless after
    determining the inability of the defendant to pay the fee,
    the court assesses a lesser fee or no fee as the case may
    be. The fee shall be collected by the clerk of the circuit
    court. The clerk of the circuit court shall pay all monies
    collected from this fee to the county treasurer who shall
    use the monies collected to defray the costs of
    corrections. The county treasurer shall deposit the fee
    collected in the county working cash fund under Section
    6-27001 or Section 6-29002 of the Counties Code, as the
    case may be;
        (14.3) The Chief Judge of the Judicial Circuit may
    establish reasonable fees to be paid by a person receiving
    pretrial services while under supervision of a pretrial
    services agency, probation department, or court services
    department. Reasonable fees may be charged for pretrial
    services including, but not limited to, pretrial
    supervision, diversion programs, electronic monitoring,
    victim impact services, drug and alcohol testing, DNA
    testing, GPS electronic monitoring, assessments and
    evaluations related to domestic violence and other
    victims, and victim mediation services. The person
    receiving pretrial services may be ordered to pay all costs
    incidental to pretrial services in accordance with his or
    her ability to pay those costs;
        (14.4) For persons charged with violating Section
    11-501 of the Illinois Vehicle Code, refrain from operating
    a motor vehicle not equipped with an ignition interlock
    device, as defined in Section 1-129.1 of the Illinois
    Vehicle Code, pursuant to the rules promulgated by the
    Secretary of State for the installation of ignition
    interlock devices. Under this condition the court may allow
    a defendant who is not self-employed to operate a vehicle
    owned by the defendant's employer that is not equipped with
    an ignition interlock device in the course and scope of the
    defendant's employment;
        (15) Comply with the terms and conditions of an order
    of protection issued by the court under the Illinois
    Domestic Violence Act of 1986 or an order of protection
    issued by the court of another state, tribe, or United
    States territory;
        (16) Under Section 110-6.5 comply with the conditions
    of the drug testing program; and
        (17) Such other reasonable conditions as the court may
    impose.
    (c) When a person is charged with an offense under Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961",
involving a victim who is a minor under 18 years of age living
in the same household with the defendant at the time of the
offense, in granting bail or releasing the defendant on his own
recognizance, the judge shall impose conditions to restrict the
defendant's access to the victim which may include, but are not
limited to conditions that he will:
        1. Vacate the Household.
        2. Make payment of temporary support to his dependents.
        3. Refrain from contact or communication with the child
    victim, except as ordered by the court.
    (d) When a person is charged with a criminal offense and
the victim is a family or household member as defined in
Article 112A, conditions shall be imposed at the time of the
defendant's release on bond that restrict the defendant's
access to the victim. Unless provided otherwise by the court,
the restrictions shall include requirements that the defendant
do the following:
        (1) refrain from contact or communication with the
    victim for a minimum period of 72 hours following the
    defendant's release; and
        (2) refrain from entering or remaining at the victim's
    residence for a minimum period of 72 hours following the
    defendant's release.
    (e) Local law enforcement agencies shall develop
standardized bond forms for use in cases involving family or
household members as defined in Article 112A, including
specific conditions of bond as provided in subsection (d).
Failure of any law enforcement department to develop or use
those forms shall in no way limit the applicability and
enforcement of subsections (d) and (f).
    (f) If the defendant is admitted to bail after conviction
the conditions of the bail bond shall be that he will, in
addition to the conditions set forth in subsections (a) and (b)
hereof:
        (1) Duly prosecute his appeal;
        (2) Appear at such time and place as the court may
    direct;
        (3) Not depart this State without leave of the court;
        (4) Comply with such other reasonable conditions as the
    court may impose; and
        (5) If the judgment is affirmed or the cause reversed
    and remanded for a new trial, forthwith surrender to the
    officer from whose custody he was bailed.
    (g) Upon a finding of guilty for any felony offense, the
defendant shall physically surrender, at a time and place
designated by the court, any and all firearms in his or her
possession and his or her Firearm Owner's Identification Card
as a condition of remaining on bond pending sentencing.
(Source: P.A. 95-331, eff. 8-21-07; 96-340, eff. 8-11-09.)
 
    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
    Sec. 111-8. Orders of protection to prohibit domestic
violence.
    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-14.3 that involves soliciting for a prostitute,
11-14.4 that involves soliciting for a juvenile prostitute,
11-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2, 12-3, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-4.3, 12-4.6, 12-5,
12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 19-4, 21-1, 21-2, or 21-3 of the
Criminal Code of 1961 or Section 1-1 of the Harassing and
Obscene Communications Act is alleged in an information,
complaint or indictment on file, and the alleged offender and
victim are family or household members, as defined in the
Illinois Domestic Violence Act, as now or hereafter amended,
the People through the respective State's Attorneys may by
separate petition and upon notice to the defendant, except as
provided in subsection (c) herein, request the court to issue
an order of protection.
    (b) In addition to any other remedies specified in Section
208 of the Illinois Domestic Violence Act, as now or hereafter
amended, the order may direct the defendant to initiate no
contact with the alleged victim or victims who are family or
household members and to refrain from entering the residence,
school or place of business of the alleged victim or victims.
    (c) The court may grant emergency relief without notice
upon a showing of immediate and present danger of abuse to the
victim or minor children of the victim and may enter a
temporary order pending notice and full hearing on the matter.
(Source: P.A. 94-325, eff. 1-1-06.)
 
    (725 ILCS 5/114-4)  (from Ch. 38, par. 114-4)
    Sec. 114-4. Motion for continuance.
    (a) The defendant or the State may move for a continuance.
If the motion is made more than 30 days after arraignment the
court shall require that it be in writing and supported by
affidavit.
    (b) A written motion for continuance made by defendant more
than 30 days after arraignment may be granted when:
        (1) Counsel for the defendant is ill, has died, or is
    held to trial in another cause; or
        (2) Counsel for the defendant has been unable to
    prepare for trial because of illness or because he has been
    held to trial in another cause; or
        (3) A material witness is unavailable and the defense
    will be prejudiced by the absence of his testimony;
    however, this shall not be a ground for continuance if the
    State will stipulate that the testimony of the witness
    would be as alleged; or
        (4) The defendant cannot stand trial because of
    physical or mental incompetency; or
        (5) Pre-trial publicity concerning the case has caused
    a prejudice against defendant on the part of the community;
    or
        (6) The amendment of a charge or a bill of particulars
    has taken the defendant by surprise and he cannot fairly
    defend against such an amendment without a continuance.
    (c) A written motion for continuance made by the State more
than 30 days after arraignment may be granted when:
        (1) The prosecutor assigned to the case is ill, has
    died, or is held to trial in another cause; or
        (2) A material witness is unavailable and the
    prosecution will be prejudiced by the absence of his
    testimony; however this shall not be a ground for
    continuance if the defendant will stipulate that the
    testimony of the witness would be as alleged; or
        (3) Pre-trial publicity concerning the case has caused
    a prejudice against the prosecution on the part of the
    community.
    (d) The court may upon the written motion of either party
or upon the court's own motion order a continuance for grounds
not stated in subsections (b) and (c) of this Section if he
finds that the interests of justice so require.
    (e) All motions for continuance are addressed to the
discretion of the trial court and shall be considered in the
light of the diligence shown on the part of the movant. Where 1
year has expired since the filing of an information or
indictments, filed after January 1, 1980, if the court finds
that the State has failed to use due diligence in bringing the
case to trial, the court may, after a hearing had on the cause,
on its own motion, dismiss the information or indictment. Any
demand that the defendant had made for a speedy trial under
Section 103-5 of this code shall not abate if the State files a
new information or the grand jury reindicts in the cause.
    After a hearing has been held upon the issue of the State's
diligence and the court has found that the State has failed to
use due diligence in pursuing the prosecution, the court may
not dismiss the indictment or information without granting the
State one more court date upon which to proceed. Such date
shall be not less than 14 nor more than 30 days from the date of
the court's finding. If the State is not prepared to proceed
upon that date, the court shall dismiss the indictment or
information, as provided in this Section.
    (f) After trial has begun a reasonably brief continuance
may be granted to either side in the interests of justice.
    (g) During the time the General Assembly is in session, the
court shall, on motion of either party or on its own motion,
grant a continuance where the party or his attorney is a member
of either house of the General Assembly whose presence is
necessary for the full, fair trial of the cause and, in the
case of an attorney, where the attorney was retained by the
party before the cause was set for trial.
    (h) This Section shall be construed to the end that
criminal cases are tried with due diligence consonant with the
rights of the defendant and the State to a speedy, fair and
impartial trial.
    (i) Physical incapacity of a defendant may be grounds for a
continuance at any time. If, upon written motion of the
defendant or the State or upon the court's own motion, and
after presentation of affidavits or evidence, the court
determines that the defendant is physically unable to appear in
court or to assist in his defense, or that such appearance
would endanger his health or result in substantial prejudice, a
continuance shall be granted. If such continuance precedes the
appearance of counsel for such defendant the court shall
simultaneously appoint counsel in the manner prescribed by
Section 113-3 of this Act. Such continuance shall suspend the
provisions of Section 103-5 of this Act, which periods of time
limitation shall commence anew when the court, after
presentation of additional affidavits or evidence, has
determined that such physical incapacity has been
substantially removed.
    (j) In actions arising out of building code violations or
violations of municipal ordinances caused by the failure of a
building or structure to conform to the minimum standards of
health and safety, the court shall grant a continuance only
upon a written motion by the party seeking the continuance
specifying the reason why such continuance should be granted.
    (k) In prosecutions for violations of Section 10-1, 10-2,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961"
involving a victim or witness who is a minor under 18 years of
age, the court shall, in ruling on any motion or other request
for a delay or continuance of proceedings, consider and give
weight to the adverse impact the delay or continuance may have
on the well-being of a child or witness.
    (l) The court shall consider the age of the victim and the
condition of the victim's health when ruling on a motion for a
continuance.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
    Sec. 115-7. a. In prosecutions for predatory criminal
sexual assault of a child, aggravated criminal sexual assault,
criminal sexual assault, aggravated criminal sexual abuse,
criminal sexual abuse, or criminal transmission of HIV; and in
prosecutions for battery and aggravated battery, when the
commission of the offense involves sexual penetration or sexual
conduct as defined in Section 11-0.1 12-12 of the Criminal Code
of 1961; and with the trial or retrial of the offenses formerly
known as rape, deviate sexual assault, indecent liberties with
a child, and aggravated indecent liberties with a child, the
prior sexual activity or the reputation of the alleged victim
or corroborating witness under Section 115-7.3 of this Code is
inadmissible except (1) as evidence concerning the past sexual
conduct of the alleged victim or corroborating witness under
Section 115-7.3 of this Code with the accused when this
evidence is offered by the accused upon the issue of whether
the alleged victim or corroborating witness under Section
115-7.3 of this Code consented to the sexual conduct with
respect to which the offense is alleged; or (2) when
constitutionally required to be admitted.
    b. No evidence admissible under this Section shall be
introduced unless ruled admissible by the trial judge after an
offer of proof has been made at a hearing to be held in camera
in order to determine whether the defense has evidence to
impeach the witness in the event that prior sexual activity
with the defendant is denied. Such offer of proof shall include
reasonably specific information as to the date, time and place
of the past sexual conduct between the alleged victim or
corroborating witness under Section 115-7.3 of this Code and
the defendant. Unless the court finds that reasonably specific
information as to date, time or place, or some combination
thereof, has been offered as to prior sexual activity with the
defendant, counsel for the defendant shall be ordered to
refrain from inquiring into prior sexual activity between the
alleged victim or corroborating witness under Section 115-7.3
of this Code and the defendant. The court shall not admit
evidence under this Section unless it determines at the hearing
that the evidence is relevant and the probative value of the
evidence outweighs the danger of unfair prejudice. The evidence
shall be admissible at trial to the extent an order made by the
court specifies the evidence that may be admitted and areas
with respect to which the alleged victim or corroborating
witness under Section 115-7.3 of this Code may be examined or
cross examined.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96;
90-132, eff. 1-1-98.)
 
    (725 ILCS 5/115-7.2)  (from Ch. 38, par. 115-7.2)
    Sec. 115-7.2. In a prosecution for an illegal sexual act
perpetrated upon a victim, including but not limited to
prosecutions for violations of Sections 11-1.20 through
11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961, or
ritualized abuse of a child under Section 12-33 of the Criminal
Code of 1961, testimony by an expert, qualified by the court
relating to any recognized and accepted form of post-traumatic
stress syndrome shall be admissible as evidence.
(Source: P.A. 87-1167.)
 
    (725 ILCS 5/115-10)  (from Ch. 38, par. 115-10)
    Sec. 115-10. Certain hearsay exceptions.
    (a) In a prosecution for a physical or sexual act
perpetrated upon or against a child under the age of 13, or a
person who was a moderately, severely, or profoundly mentally
retarded person as defined in this Code and in Section 2-10.1
of the Criminal Code of 1961 at the time the act was committed,
including but not limited to prosecutions for violations of
Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the
Criminal Code of 1961 and prosecutions for violations of
Sections 10-1 (kidnapping), 10-2 (aggravated kidnapping), 10-3
(unlawful restraint), 10-3.1 (aggravated unlawful restraint),
10-4 (forcible detention), 10-5 (child abduction), 10-6
(harboring a runaway), 10-7 (aiding or abetting child
abduction), 11-9 (public indecency), 11-11 (sexual relations
within families), 11-21 (harmful material), 12-1 (assault),
12-2 (aggravated assault), 12-3 (battery), 12-3.2 (domestic
battery), 12-4 (aggravated battery), 12-4.1 (heinous battery),
12-4.2 (aggravated battery with a firearm), 12-4.3 (aggravated
battery of a child), 12-4.7 (drug induced infliction of great
bodily harm), 12-5 (reckless conduct), 12-6 (intimidation),
12-6.1 (compelling organization membership of persons), 12-7.1
(hate crime), 12-7.3 (stalking), 12-7.4 (aggravated stalking),
12-10 (tattooing body of minor), 12-11 (home invasion), 12-21.5
(child abandonment), 12-21.6 (endangering the life or health of
a child) or 12-32 (ritual mutilation) of the Criminal Code of
1961 or any sex offense as defined in subsection (B) of Section
2 of the Sex Offender Registration Act, the following evidence
shall be admitted as an exception to the hearsay rule:
        (1) testimony by the victim of an out of court
    statement made by the victim that he or she complained of
    such act to another; and
        (2) testimony of an out of court statement made by the
    victim describing any complaint of such act or matter or
    detail pertaining to any act which is an element of an
    offense which is the subject of a prosecution for a sexual
    or physical act against that victim.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The child or moderately, severely, or profoundly
    mentally retarded person either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement; and
        (3) In a case involving an offense perpetrated against
    a child under the age of 13, the out of court statement was
    made before the victim attained 13 years of age or within 3
    months after the commission of the offense, whichever
    occurs later, but the statement may be admitted regardless
    of the age of the victim at the time of the proceeding.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
age and maturity of the child, or the intellectual capabilities
of the moderately, severely, or profoundly mentally retarded
person, the nature of the statement, the circumstances under
which the statement was made, and any other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his intention to offer the statement
and the particulars of the statement.
    (e) Statements described in paragraphs (1) and (2) of
subsection (a) shall not be excluded on the basis that they
were obtained as a result of interviews conducted pursuant to a
protocol adopted by a Child Advocacy Advisory Board as set
forth in subsections (c), (d), and (e) of Section 3 of the
Children's Advocacy Center Act or that an interviewer or
witness to the interview was or is an employee, agent, or
investigator of a State's Attorney's office.
(Source: P.A. 95-892, eff. 1-1-09; 96-710, eff. 1-1-10.)
 
    (725 ILCS 5/115-10.3)
    Sec. 115-10.3. Hearsay exception regarding elder adults.
    (a) In a prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against an eligible
adult, as defined in the Elder Abuse and Neglect Act, who has
been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental
incapacity or (ii) any physical infirmity, including but not
limited to prosecutions for violations of Sections 10-1, 10-2,
10-3, 10-3.1, 10-4, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4, 12-4.1, 12-4.2,
12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3, 12-7.4, 12-11,
12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21, 16-1, 16-1.3, 17-1,
17-3, 18-1, 18-2, 18-3, 18-4, 18-5, 20-1.1, 24-1.2, and 33A-2
of the Criminal Code of 1961, the following evidence shall be
admitted as an exception to the hearsay rule:
        (1) testimony by an eligible adult, of an out of court
    statement made by the eligible adult, that he or she
    complained of such act to another; and
        (2) testimony of an out of court statement made by the
    eligible adult, describing any complaint of such act or
    matter or detail pertaining to any act which is an element
    of an offense which is the subject of a prosecution for a
    physical act, abuse, neglect, or financial exploitation
    perpetrated upon or against the eligible adult.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The eligible adult either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
condition of the eligible adult, the nature of the statement,
the circumstances under which the statement was made, and any
other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his or her intention to offer the
statement and the particulars of the statement.
(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 
    (725 ILCS 5/115-11)  (from Ch. 38, par. 115-11)
    Sec. 115-11. In a prosecution for a criminal offense
defined in Article 11 or in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15 or 12-16 of the
"Criminal Code of 1961", where the alleged victim of the
offense is a minor under 18 years of age, the court may exclude
from the proceedings while the victim is testifying, all
persons, who, in the opinion of the court, do not have a direct
interest in the case, except the media.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (725 ILCS 5/115-11.1)  (from Ch. 38, par. 115-11.1)
    Sec. 115-11.1. Use of "Rape". The use of the word "rape",
"rapist", or any derivative of "rape" by any victim, witness,
State's Attorney, defense attorney, judge or other court
personnel in any prosecutions of offenses in Sections 11-1.20
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
1961, as amended, is not inadmissible.
(Source: P.A. 83-1117.)
 
    (725 ILCS 5/115-13)  (from Ch. 38, par. 115-13)
    Sec. 115-13. In a prosecution for violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the "Criminal Code of 1961",
statements made by the victim to medical personnel for purposes
of medical diagnosis or treatment including descriptions of the
cause of symptom, pain or sensations, or the inception or
general character of the cause or external source thereof
insofar as reasonably pertinent to diagnosis or treatment shall
be admitted as an exception to the hearsay rule.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    (725 ILCS 5/115-16)
    Sec. 115-16. Witness disqualification. No person shall be
disqualified as a witness in a criminal case or proceeding by
reason of his or her interest in the event of the case or
proceeding, as a party or otherwise, or by reason of his or her
having been convicted of a crime; but the interest or
conviction may be shown for the purpose of affecting the
credibility of the witness. A defendant in a criminal case or
proceeding shall only at his or her own request be deemed a
competent witness, and the person's neglect to testify shall
not create a presumption against the person, nor shall the
court permit a reference or comment to be made to or upon that
neglect.
    In criminal cases, husband and wife may testify for or
against each other. Neither, however, may testify as to any
communication or admission made by either of them to the other
or as to any conversation between them during marriage, except
in cases in which either is charged with an offense against the
person or property of the other, in case of spouse abandonment,
when the interests of their child or children or of any child
or children in either spouse's care, custody, or control are
directly involved, when either is charged with or under
investigation for an offense under Section 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
12-16 of the Criminal Code of 1961 and the victim is a minor
under 18 years of age in either spouse's care, custody, or
control at the time of the offense, or as to matters in which
either has acted as agent of the other.
(Source: P.A. 96-1242, eff. 7-23-10.)
 
    (725 ILCS 5/116-4)
    Sec. 116-4. Preservation of evidence for forensic testing.
    (a) Before or after the trial in a prosecution for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961 or in a prosecution for an offense defined in
Article 9 of that Code, or in a prosecution for an attempt in
violation of Section 8-4 of that Code of any of the
above-enumerated offenses, unless otherwise provided herein
under subsection (b) or (c), a law enforcement agency or an
agent acting on behalf of the law enforcement agency shall
preserve, subject to a continuous chain of custody, any
physical evidence in their possession or control that is
reasonably likely to contain forensic evidence, including, but
not limited to, fingerprints or biological material secured in
relation to a trial and with sufficient documentation to locate
that evidence.
    (b) After a judgment of conviction is entered, the evidence
shall either be impounded with the Clerk of the Circuit Court
or shall be securely retained by a law enforcement agency.
Retention shall be permanent in cases where a sentence of death
is imposed. Retention shall be until the completion of the
sentence, including the period of mandatory supervised release
for the offense, or January 1, 2006, whichever is later, for
any conviction for an offense or an attempt of an offense
defined in Article 9 of the Criminal Code of 1961 or in Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or for 7
years following any conviction for any other felony for which
the defendant's genetic profile may be taken by a law
enforcement agency and submitted for comparison in a forensic
DNA database for unsolved offenses.
    (c) After a judgment of conviction is entered, the law
enforcement agency required to retain evidence described in
subsection (a) may petition the court with notice to the
defendant or, in cases where the defendant has died, his
estate, his attorney of record, or an attorney appointed for
that purpose by the court for entry of an order allowing it to
dispose of evidence if, after a hearing, the court determines
by a preponderance of the evidence that:
        (1) it has no significant value for forensic science
    analysis and should be returned to its rightful owner,
    destroyed, used for training purposes, or as otherwise
    provided by law; or
        (2) it has no significant value for forensic science
    analysis and is of a size, bulk, or physical character not
    usually retained by the law enforcement agency and cannot
    practicably be retained by the law enforcement agency; or
        (3) there no longer exists a reasonable basis to
    require the preservation of the evidence because of the
    death of the defendant; however, this paragraph (3) does
    not apply if a sentence of death was imposed.
    (d) The court may order the disposition of the evidence if
the defendant is allowed the opportunity to take reasonable
measures to remove or preserve portions of the evidence in
question for future testing.
    (d-5) Any order allowing the disposition of evidence
pursuant to subsection (c) or (d) shall be a final and
appealable order. No evidence shall be disposed of until 30
days after the order is entered, and if a notice of appeal is
filed, no evidence shall be disposed of until the mandate has
been received by the circuit court from the appellate court.
    (d-10) All records documenting the possession, control,
storage, and destruction of evidence and all police reports,
evidence control or inventory records, and other reports cited
in this Section, including computer records, must be retained
for as long as the evidence exists and may not be disposed of
without the approval of the Local Records Commission.
    (e) In this Section, "law enforcement agency" includes any
of the following or an agent acting on behalf of any of the
following: a municipal police department, county sheriff's
office, any prosecuting authority, the Department of State
Police, or any other State, university, county, federal, or
municipal police unit or police force.
    "Biological material" includes, but is not limited to, any
blood, hair, saliva, or semen from which genetic marker
groupings may be obtained.
(Source: P.A. 91-871, eff. 1-1-01; 92-459, eff. 8-22-01.)
 
    (725 ILCS 5/124B-10)
    Sec. 124B-10. Applicability; offenses. This Article
applies to forfeiture of property in connection with the
following:
        (1) A violation of Section 10A-10 of the Criminal Code
    of 1961 (involuntary servitude; involuntary servitude of a
    minor; trafficking of persons for forced labor or
    services).
        (2) A violation of subdivision (a)(1) of Section
    11-14.4 of the Criminal Code of 1961 (promoting juvenile
    prostitution) or a violation of Section 11-17.1 of the
    Criminal Code of 1961 (keeping a place of juvenile
    prostitution).
        (3) A violation of subdivision (a)(4) of Section
    11-14.4 of the Criminal Code of 1961 (promoting juvenile
    prostitution) or a violation of Section 11-19.2 of the
    Criminal Code of 1961 (exploitation of a child).
        (4) A violation of Section 11-20 of the Criminal Code
    of 1961 (obscenity).
        (5) A second or subsequent violation of Section 11-20.1
    of the Criminal Code of 1961 (child pornography).
        (6) A violation of Section 11-20.1B or 11-20.3 of the
    Criminal Code of 1961 (aggravated child pornography).
        (7) A violation of Section 16D-5 of the Criminal Code
    of 1961 (computer fraud).
        (8) A felony violation of Article 17B of the Criminal
    Code of 1961 (WIC fraud).
        (9) A felony violation of Section 26-5 of the Criminal
    Code of 1961 (dog fighting).
        (10) A violation of Article 29D of the Criminal Code of
    1961 (terrorism).
        (11) A felony violation of Section 4.01 of the Humane
    Care for Animals Act (animals in entertainment).
(Source: P.A. 96-712, eff. 1-1-10.)
 
    (725 ILCS 5/124B-100)
    Sec. 124B-100. Definition; "offense". For purposes of this
Article, "offense" is defined as follows:
        (1) In the case of forfeiture authorized under Section
    10A-15 of the Criminal Code of 1961, "offense" means the
    offense of involuntary servitude, involuntary servitude of
    a minor, or trafficking of persons for forced labor or
    services in violation of Section 10A-10 of that Code.
        (2) In the case of forfeiture authorized under
    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
    of the Criminal Code of 1961, "offense" means the offense
    of promoting juvenile prostitution or keeping a place of
    juvenile prostitution in violation of subdivision (a)(1)
    of Section 11-14.4, or Section 11-17.1, of that Code.
        (3) In the case of forfeiture authorized under
    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
    of the Criminal Code of 1961, "offense" means the offense
    of promoting juvenile prostitution or exploitation of a
    child in violation of subdivision (a)(4) of Section
    11-14.4, or Section 11-19.2, of that Code.
        (4) In the case of forfeiture authorized under Section
    11-20 of the Criminal Code of 1961, "offense" means the
    offense of obscenity in violation of that Section.
        (5) In the case of forfeiture authorized under Section
    11-20.1 of the Criminal Code of 1961, "offense" means the
    offense of child pornography in violation of Section
    11-20.1 of that Code.
        (6) In the case of forfeiture authorized under Section
    11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
    means the offense of aggravated child pornography in
    violation of Section 11-20.1B or 11-20.3 of that Code.
        (7) In the case of forfeiture authorized under Section
    16D-6 of the Criminal Code of 1961, "offense" means the
    offense of computer fraud in violation of Section 16D-5 of
    that Code.
        (8) In the case of forfeiture authorized under Section
    17B-25 of the Criminal Code of 1961, "offense" means any
    felony violation of Article 17B of that Code.
        (9) In the case of forfeiture authorized under Section
    29D-65 of the Criminal Code of 1961, "offense" means any
    offense under Article 29D of that Code.
        (10) In the case of forfeiture authorized under Section
    4.01 of the Humane Care for Animals Act or Section 26-5 of
    the Criminal Code of 1961, "offense" means any felony
    offense under either of those Sections.
(Source: P.A. 96-712, eff. 1-1-10.)
 
    (725 ILCS 5/124B-420)
    Sec. 124B-420. Distribution of property and sale proceeds.
    (a) All moneys and the sale proceeds of all other property
forfeited and seized under this Part 400 shall be distributed
as follows:
        (1) 50% shall be distributed to the unit of local
    government whose officers or employees conducted the
    investigation into the offense and caused the arrest or
    arrests and prosecution leading to the forfeiture, except
    that if the investigation, arrest or arrests, and
    prosecution leading to the forfeiture were undertaken by
    the sheriff, this portion shall be distributed to the
    county for deposit into a special fund in the county
    treasury appropriated to the sheriff. Amounts distributed
    to the county for the sheriff or to units of local
    government under this paragraph shall be used for
    enforcement of laws or ordinances governing obscenity and
    child pornography. If the investigation, arrest or
    arrests, and prosecution leading to the forfeiture were
    undertaken solely by a State agency, however, the portion
    designated in this paragraph shall be paid into the State
    treasury to be used for enforcement of laws governing
    obscenity and child pornography.
        (2) 25% shall be distributed to the county in which the
    prosecution resulting in the forfeiture was instituted,
    deposited into a special fund in the county treasury, and
    appropriated to the State's Attorney for use in the
    enforcement of laws governing obscenity and child
    pornography.
        (3) 25% shall be distributed to the Office of the
    State's Attorneys Appellate Prosecutor and deposited into
    the Obscenity Profits Forfeiture Fund, which is hereby
    created in the State treasury, to be used by the Office of
    the State's Attorneys Appellate Prosecutor for additional
    expenses incurred in prosecuting appeals arising under
    Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
    Criminal Code of 1961. Any amounts remaining in the Fund
    after all additional expenses have been paid shall be used
    by the Office to reduce the participating county
    contributions to the Office on a pro-rated basis as
    determined by the board of governors of the Office of the
    State's Attorneys Appellate Prosecutor based on the
    populations of the participating counties.
    (b) Before any distribution under subsection (a), the
Attorney General or State's Attorney shall retain from the
forfeited moneys or sale proceeds, or both, sufficient moneys
to cover expenses related to the administration and sale of the
forfeited property.
(Source: P.A. 96-712, eff. 1-1-10.)
 
    (725 ILCS 5/124B-500)
    Sec. 124B-500. Persons and property subject to forfeiture.
A person who commits the offense of promoting juvenile
prostitution, keeping a place of juvenile prostitution,
exploitation of a child, child pornography, or aggravated child
pornography under subdivision (a)(1) or (a)(4) of Section
11-14.4 or under Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B,
or 11-20.3 of the Criminal Code of 1961 shall forfeit the
following property to the State of Illinois:
        (1) Any profits or proceeds and any property the person
    has acquired or maintained in violation of subdivision
    (a)(1) or (a)(4) of Section 11-14.4 or in violation of
    Section 11-17.1, 11-19.2, 11-20.1, 11-20.1B, or 11-20.3 of
    the Criminal Code of 1961 that the sentencing court
    determines, after a forfeiture hearing under this Article,
    to have been acquired or maintained as a result of keeping
    a place of juvenile prostitution, exploitation of a child,
    child pornography, or aggravated child pornography.
        (2) Any interest in, securities of, claim against, or
    property or contractual right of any kind affording a
    source of influence over any enterprise that the person has
    established, operated, controlled, or conducted in
    violation of subdivision (a)(1) or (a)(4) of Section
    11-14.4 or in violation of Section 11-17.1, 11-19.2,
    11-20.1, 11-20.1B, or 11-20.3 of the Criminal Code of 1961
    that the sentencing court determines, after a forfeiture
    hearing under this Article, to have been acquired or
    maintained as a result of keeping a place of juvenile
    prostitution, exploitation of a child, child pornography,
    or aggravated child pornography.
        (3) Any computer that contains a depiction of child
    pornography in any encoded or decoded format in violation
    of Section 11-20.1, 11-20.1B, or 11-20.3 of the Criminal
    Code of 1961. For purposes of this paragraph (3),
    "computer" has the meaning ascribed to it in Section 16D-2
    of the Criminal Code of 1961.
(Source: P.A. 96-712, eff. 1-1-10.)
 
    Section 1045. The Bill of Rights for Children is amended by
changing Section 3 as follows:
 
    (725 ILCS 115/3)  (from Ch. 38, par. 1353)
    Sec. 3. Rights to present child impact statement.
    (a) In any case where a defendant has been convicted of a
violent crime involving a child or a juvenile has been
adjudicated a delinquent for any offense defined in Sections
11-6, 11-20.1, 11-20.1B, and 11-20.3 and in Sections 11-1.20
through 11-1.60 or 12-13 through 12-16 of the Criminal Code of
1961, except those in which both parties have agreed to the
imposition of a specific sentence, and a parent or legal
guardian of the child involved is present in the courtroom at
the time of the sentencing or the disposition hearing, the
parent or legal guardian upon his or her request shall have the
right to address the court regarding the impact which the
defendant's criminal conduct or the juvenile's delinquent
conduct has had upon the child. If the parent or legal guardian
chooses to exercise this right, the impact statement must have
been prepared in writing in conjunction with the Office of the
State's Attorney prior to the initial hearing or sentencing,
before it can be presented orally at the sentencing hearing.
The court shall consider any statements made by the parent or
legal guardian, along with all other appropriate factors in
determining the sentence of the defendant or disposition of
such juvenile.
    (b) The crime victim has the right to prepare a victim
impact statement and present it to the office of the State's
Attorney at any time during the proceedings.
    (c) This Section shall apply to any child victims of any
offense defined in Sections 11-1.20 through 11-1.60 or 12-13
through 12-16 of the Criminal Code of 1961 during any
dispositional hearing under Section 5-705 of the Juvenile Court
Act of 1987 which takes place pursuant to an adjudication of
delinquency for any such offense.
(Source: P.A. 96-292, eff. 1-1-10.)
 
    Section 1047. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 3 as follows:
 
    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
    Sec. 3. The terms used in this Act, unless the context
clearly requires otherwise, shall have the following meanings:
    (a) "Crime victim" and "victim" mean (1) a person
physically injured in this State as a result of a violent crime
perpetrated or attempted against that person or (2) a person
who suffers injury to or loss of property as a result of a
violent crime perpetrated or attempted against that person or
(3) a single representative who may be the spouse, parent,
child or sibling of a person killed as a result of a violent
crime perpetrated against the person killed or the spouse,
parent, child or sibling of any person granted rights under
this Act who is physically or mentally incapable of exercising
such rights, except where the spouse, parent, child or sibling
is also the defendant or prisoner or (4) any person against
whom a violent crime has been committed or (5) any person who
has suffered personal injury as a result of a violation of
Section 11-501 of the Illinois Vehicle Code, or of a similar
provision of a local ordinance, or of Section 9-3 of the
Criminal Code of 1961, as amended or (6) in proceedings under
the Juvenile Court Act of 1987, both parents, legal guardians,
foster parents, or a single adult representative of a minor or
disabled person who is a crime victim.
    (b) "Witness" means any person who personally observed the
commission of a violent crime and who will testify on behalf of
the State of Illinois in the criminal prosecution of the
violent crime.
    (c) "Violent Crime" means any felony in which force or
threat of force was used against the victim, or any offense
involving sexual exploitation, sexual conduct or sexual
penetration, or a violation of Section 11-20.1, 11-20.1B, or
11-20.3 of the Criminal Code of 1961, domestic battery,
violation of an order of protection, stalking, or any
misdemeanor which results in death or great bodily harm to the
victim or any violation of Section 9-3 of the Criminal Code of
1961, or Section 11-501 of the Illinois Vehicle Code, or a
similar provision of a local ordinance, if the violation
resulted in personal injury or death, and includes any action
committed by a juvenile that would be a violent crime if
committed by an adult. For the purposes of this paragraph,
"personal injury" shall include any Type A injury as indicated
on the traffic accident report completed by a law enforcement
officer that requires immediate professional attention in
either a doctor's office or medical facility. A type A injury
shall include severely bleeding wounds, distorted extremities,
and injuries that require the injured party to be carried from
the scene.
    (d) "Sentencing Hearing" means any hearing where a sentence
is imposed by the court on a convicted defendant and includes
hearings conducted pursuant to Sections 5-6-4, 5-6-4.1, 5-7-2
and 5-7-7 of the Unified Code of Corrections except those cases
in which both parties have agreed to the imposition of a
specific sentence.
    (e) "Court proceedings" includes the preliminary hearing,
any hearing the effect of which may be the release of the
defendant from custody or to alter the conditions of bond, the
trial, sentencing hearing, notice of appeal, any modification
of sentence, probation revocation hearings or parole hearings.
    (f) "Concerned citizen" includes relatives of the victim,
friends of the victim, witnesses to the crime, or any other
person associated with the victim or prisoner.
(Source: P.A. 95-591, eff. 6-1-08; 95-876, eff. 8-21-08;
96-292, eff. 1-1-10; 96-875, eff. 1-22-10.)
 
    Section 1050. The Sex Offense Victim Polygraph Act is
amended by changing Section 1 as follows:
 
    (725 ILCS 200/1)  (from Ch. 38, par. 1551)
    Sec. 1. Lie Detector Tests.
    (a) No law enforcement officer, State's Attorney or other
official shall ask or require an alleged victim of an offense
described in Sections 11-1.20 through 11-1.60 or 12-13 through
12-16 of the Criminal Code of 1961, as amended, to submit to a
polygraph examination or any form of a mechanical or electrical
lie detector test.
    (b) A victim's refusal to submit to a polygraph or any form
of a mechanical or electrical lie detector test shall not
mitigate against the investigation, charging or prosecution of
the pending case as originally charged.
(Source: P.A. 96-1273, eff. 1-1-11.)
 
    Section 1055. The Sexually Violent Persons Commitment Act
is amended by changing Section 5 as follows:
 
    (725 ILCS 207/5)
    Sec. 5. Definitions. As used in this Act, the term:
    (a) "Department" means the Department of Human Services.
    (b) "Mental disorder" means a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes a person to engage in acts of sexual violence.
    (c) "Secretary" means the Secretary of Human Services.
    (d) "Sexually motivated" means that one of the purposes for
an act is for the actor's sexual arousal or gratification.
    (e) "Sexually violent offense" means any of the following:
        (1) Any crime specified in Section 11-1.20, 11-1.30,
    11-1.40, 11-1.60, 11-6, 11-20.1, 11-20.3, 12-13, 12-14,
    12-14.1, or 12-16 of the Criminal Code of 1961; or
        (1.5) Any former law of this State specified in Section
    11-1 (rape), 11-3 (deviate sexual assault), 11-4 (indecent
    liberties with a child) or 11-4.1 (aggravated indecent
    liberties with a child) of the Criminal Code of 1961; or
        (2) First degree murder, if it is determined by the
    agency with jurisdiction to have been sexually motivated;
    or
        (3) Any solicitation, conspiracy or attempt to commit a
    crime under paragraph (e)(1) or (e)(2) of this Section.
    (f) "Sexually violent person" means a person who has been
convicted of a sexually violent offense, has been adjudicated
delinquent for a sexually violent offense, or has been found
not guilty of a sexually violent offense by reason of insanity
and who is dangerous because he or she suffers from a mental
disorder that makes it substantially probable that the person
will engage in acts of sexual violence.
(Source: P.A. 96-292, eff. 1-1-10; 96-328, eff. 8-11-09.)
 
    Section 1060. The Statewide Grand Jury Act is amended by
changing Sections 2 and 3 as follows:
 
    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
    Sec. 2. (a) County grand juries and State's Attorneys have
always had and shall continue to have primary responsibility
for investigating, indicting, and prosecuting persons who
violate the criminal laws of the State of Illinois. However, in
recent years organized terrorist activity directed against
innocent civilians and certain criminal enterprises have
developed that require investigation, indictment, and
prosecution on a statewide or multicounty level. The criminal
enterprises exist as a result of the allure of profitability
present in narcotic activity, the unlawful sale and transfer of
firearms, and streetgang related felonies and organized
terrorist activity is supported by the contribution of money
and expert assistance from geographically diverse sources. In
order to shut off the life blood of terrorism and weaken or
eliminate the criminal enterprises, assets, and property used
to further these offenses must be frozen, and any profit must
be removed. State statutes exist that can accomplish that goal.
Among them are the offense of money laundering, the Cannabis
and Controlled Substances Tax Act, violations of Article 29D of
the Criminal Code of 1961, the Narcotics Profit Forfeiture Act,
and gunrunning. Local prosecutors need investigative personnel
and specialized training to attack and eliminate these profits.
In light of the transitory and complex nature of conduct that
constitutes these criminal activities, the many diverse
property interests that may be used, acquired directly or
indirectly as a result of these criminal activities, and the
many places that illegally obtained property may be located, it
is the purpose of this Act to create a limited, multicounty
Statewide Grand Jury with authority to investigate, indict, and
prosecute: narcotic activity, including cannabis and
controlled substance trafficking, narcotics racketeering,
money laundering, violations of the Cannabis and Controlled
Substances Tax Act, and violations of Article 29D of the
Criminal Code of 1961; the unlawful sale and transfer of
firearms; gunrunning; and streetgang related felonies.
    (b) A Statewide Grand Jury may also investigate, indict,
and prosecute violations facilitated by the use of a computer
of any of the following offenses: indecent solicitation of a
child, sexual exploitation of a child, soliciting for a
juvenile prostitute, keeping a place of juvenile prostitution,
juvenile pimping, or child pornography, aggravated child
pornography, or promoting juvenile prostitution except as
described in subdivision (a)(4) of Section 11-14.4 of the
Criminal Code of 1961.
(Source: P.A. 91-225, eff. 1-1-00; 92-854, eff. 12-5-02.)
 
    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
    Sec. 3. Written application for the appointment of a
Circuit Judge to convene and preside over a Statewide Grand
Jury, with jurisdiction extending throughout the State, shall
be made to the Chief Justice of the Supreme Court. Upon such
written application, the Chief Justice of the Supreme Court
shall appoint a Circuit Judge from the circuit where the
Statewide Grand Jury is being sought to be convened, who shall
make a determination that the convening of a Statewide Grand
Jury is necessary.
    In such application the Attorney General shall state that
the convening of a Statewide Grand Jury is necessary because of
an alleged offense or offenses set forth in this Section
involving more than one county of the State and identifying any
such offense alleged; and
        (a) that he or she believes that the grand jury
    function for the investigation and indictment of the
    offense or offenses cannot effectively be performed by a
    county grand jury together with the reasons for such
    belief, and
          (b)(1) that each State's Attorney with jurisdiction
        over an offense or offenses to be investigated has
        consented to the impaneling of the Statewide Grand
        Jury, or
            (2) if one or more of the State's Attorneys having
        jurisdiction over an offense or offenses to be
        investigated fails to consent to the impaneling of the
        Statewide Grand Jury, the Attorney General shall set
        forth good cause for impaneling the Statewide Grand
        Jury.
    If the Circuit Judge determines that the convening of a
Statewide Grand Jury is necessary, he or she shall convene and
impanel the Statewide Grand Jury with jurisdiction extending
throughout the State to investigate and return indictments:
        (a) For violations of any of the following or for any
    other criminal offense committed in the course of violating
    any of the following: Article 29D of the Criminal Code of
    1961, the Illinois Controlled Substances Act, the Cannabis
    Control Act, the Methamphetamine Control and Community
    Protection Act, the Narcotics Profit Forfeiture Act, or the
    Cannabis and Controlled Substances Tax Act; a streetgang
    related felony offense; Section 24-2.1, 24-2.2, 24-3,
    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961; or a
    money laundering offense; provided that the violation or
    offense involves acts occurring in more than one county of
    this State; and
        (a-5) For violations facilitated by the use of a
    computer, including the use of the Internet, the World Wide
    Web, electronic mail, message board, newsgroup, or any
    other commercial or noncommercial on-line service, of any
    of the following offenses: indecent solicitation of a
    child, sexual exploitation of a child, soliciting for a
    juvenile prostitute, keeping a place of juvenile
    prostitution, juvenile pimping, or child pornography,
    aggravated child pornography, or promoting juvenile
    prostitution except as described in subdivision (a)(4) of
    Section 11-14.4 of the Criminal Code of 1961; and
        (b) For the offenses of perjury, subornation of
    perjury, communicating with jurors and witnesses, and
    harassment of jurors and witnesses, as they relate to
    matters before the Statewide Grand Jury.
    "Streetgang related" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
    Upon written application by the Attorney General for the
convening of an additional Statewide Grand Jury, the Chief
Justice of the Supreme Court shall appoint a Circuit Judge from
the circuit for which the additional Statewide Grand Jury is
sought. The Circuit Judge shall determine the necessity for an
additional Statewide Grand Jury in accordance with the
provisions of this Section. No more than 2 Statewide Grand
Juries may be empaneled at any time.
(Source: P.A. 94-556, eff. 9-11-05.)
 
    Section 1065. The Unified Code of Corrections is amended by
changing Sections 3-1-2, 3-3-7, 5-3-2, 5-4-1, 5-4-3, 5-4-3.2,
5-5-3, 5-5-3.2, 5-5-6, 5-6-1, 5-6-3, 5-6-3.1, 5-8-1, 5-8-4, and
5-9-1.7 as follows:
 
    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
    Sec. 3-1-2. Definitions.
    (a) "Chief Administrative Officer" means the person
designated by the Director to exercise the powers and duties of
the Department of Corrections in regard to committed persons
within a correctional institution or facility, and includes the
superintendent of any juvenile institution or facility.
    (a-5) "Sex offense" for the purposes of paragraph (16) of
subsection (a) of Section 3-3-7, paragraph (10) of subsection
(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
Section 5-6-3.1 only means:
        (i) A violation of any of the following Sections of the
    Criminal Code of 1961: 10-7 (aiding or abetting child
    abduction under Section 10-5(b)(10)), 10-5(b)(10) (child
    luring), 11-6 (indecent solicitation of a child), 11-6.5
    (indecent solicitation of an adult), 11-14.4 (promoting
    juvenile prostitution), 11-15.1 (soliciting for a juvenile
    prostitute), 11-17.1 (keeping a place of juvenile
    prostitution), 11-18.1 (patronizing a juvenile
    prostitute), 11-19.1 (juvenile pimping), 11-19.2
    (exploitation of a child), 11-20.1 (child pornography),
    11-20.1B or 11-20.3 (aggravated child pornography),
    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
    child), or 12-33 (ritualized abuse of a child). An attempt
    to commit any of these offenses.
        (ii) A violation of any of the following Sections of
    the Criminal Code of 1961: 11-1.20 or 12-13 (criminal
    sexual assault), 11-1.30 or 12-14 (aggravated criminal
    sexual assault), 11-1.60 or 12-16 (aggravated criminal
    sexual abuse), and subsection (a) of Section 11-1.50 or
    subsection (a) of Section 12-15 (criminal sexual abuse). An
    attempt to commit any of these offenses.
        (iii) A violation of any of the following Sections of
    the Criminal Code of 1961 when the defendant is not a
    parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
        (iv) A violation of any former law of this State
    substantially equivalent to any offense listed in this
    subsection (a-5).
    An offense violating federal law or the law of another
state that is substantially equivalent to any offense listed in
this subsection (a-5) shall constitute a sex offense for the
purpose of this subsection (a-5). A finding or adjudication as
a sexually dangerous person under any federal law or law of
another state that is substantially equivalent to the Sexually
Dangerous Persons Act shall constitute an adjudication for a
sex offense for the purposes of this subsection (a-5).
    (b) "Commitment" means a judicially determined placement
in the custody of the Department of Corrections on the basis of
delinquency or conviction.
    (c) "Committed Person" is a person committed to the
Department, however a committed person shall not be considered
to be an employee of the Department of Corrections for any
purpose, including eligibility for a pension, benefits, or any
other compensation or rights or privileges which may be
provided to employees of the Department.
    (c-5) "Computer scrub software" means any third-party
added software, designed to delete information from the
computer unit, the hard drive, or other software, which would
eliminate and prevent discovery of browser activity, including
but not limited to Internet history, address bar or bars, cache
or caches, and/or cookies, and which would over-write files in
a way so as to make previous computer activity, including but
not limited to website access, more difficult to discover.
    (d) "Correctional Institution or Facility" means any
building or part of a building where committed persons are kept
in a secured manner.
    (e) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Department" means the Department of Corrections of this State.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Department" has the meaning ascribed to it in subsection
(f-5).
    (f) In the case of functions performed before the effective
date of this amendatory Act of the 94th General Assembly,
"Director" means the Director of the Department of Corrections.
In the case of functions performed on or after the effective
date of this amendatory Act of the 94th General Assembly,
"Director" has the meaning ascribed to it in subsection (f-5).
    (f-5) In the case of functions performed on or after the
effective date of this amendatory Act of the 94th General
Assembly, references to "Department" or "Director" refer to
either the Department of Corrections or the Director of
Corrections or to the Department of Juvenile Justice or the
Director of Juvenile Justice unless the context is specific to
the Department of Juvenile Justice or the Director of Juvenile
Justice.
    (g) "Discharge" means the final termination of a commitment
to the Department of Corrections.
    (h) "Discipline" means the rules and regulations for the
maintenance of order and the protection of persons and property
within the institutions and facilities of the Department and
their enforcement.
    (i) "Escape" means the intentional and unauthorized
absence of a committed person from the custody of the
Department.
    (j) "Furlough" means an authorized leave of absence from
the Department of Corrections for a designated purpose and
period of time.
    (k) "Parole" means the conditional and revocable release of
a committed person under the supervision of a parole officer.
    (l) "Prisoner Review Board" means the Board established in
Section 3-3-1(a), independent of the Department, to review
rules and regulations with respect to good time credits, to
hear charges brought by the Department against certain
prisoners alleged to have violated Department rules with
respect to good time credits, to set release dates for certain
prisoners sentenced under the law in effect prior to the
effective date of this Amendatory Act of 1977, to hear requests
and make recommendations to the Governor with respect to
pardon, reprieve or commutation, to set conditions for parole
and mandatory supervised release and determine whether
violations of those conditions justify revocation of parole or
release, and to assume all other functions previously exercised
by the Illinois Parole and Pardon Board.
    (m) Whenever medical treatment, service, counseling, or
care is referred to in this Unified Code of Corrections, such
term may be construed by the Department or Court, within its
discretion, to include treatment, service or counseling by a
Christian Science practitioner or nursing care appropriate
therewith whenever request therefor is made by a person subject
to the provisions of this Act.
    (n) "Victim" shall have the meaning ascribed to it in
subsection (a) of Section 3 of the Bill of Rights for Victims
and Witnesses of Violent Crime Act.
(Source: P.A. 96-362, eff. 1-1-10; 96-710, eff. 1-1-10;
96-1000, eff. 7-2-10.)
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
    (a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
        (1) not violate any criminal statute of any
    jurisdiction during the parole or release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (4) permit the agent to visit him or her at his or her
    home, employment, or elsewhere to the extent necessary for
    the agent to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (7) report all arrests to an agent of the Department of
    Corrections as soon as permitted by the arresting authority
    but in no event later than 24 hours after release from
    custody;
        (7.5) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, the individual shall
    undergo and successfully complete sex offender treatment
    conducted in conformance with the standards developed by
    the Sex Offender Management Board Act by a treatment
    provider approved by the Board;
        (7.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders, or is in any facility operated or licensed by
    the Department of Children and Family Services or by the
    Department of Human Services, or is in any licensed medical
    facility;
        (7.7) if convicted for an offense that would qualify
    the accused as a sexual predator under the Sex Offender
    Registration Act on or after the effective date of this
    amendatory Act of the 94th General Assembly, wear an
    approved electronic monitoring device as defined in
    Section 5-8A-2 for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term and if convicted for an offense of
    criminal sexual assault, aggravated criminal sexual
    assault, predatory criminal sexual assault of a child,
    criminal sexual abuse, aggravated criminal sexual abuse,
    or ritualized abuse of a child committed on or after August
    11, 2009 (the effective date of Public Act 96-236) when the
    victim was under 18 years of age at the time of the
    commission of the offense and the defendant used force or
    the threat of force in the commission of the offense wear
    an approved electronic monitoring device as defined in
    Section 5-8A-2 that has Global Positioning System (GPS)
    capability for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term;
        (7.8) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.8), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is not related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (7.9) if convicted under Section 11-6, 11-20.1,
    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961,
    consent to search of computers, PDAs, cellular phones, and
    other devices under his or her control that are capable of
    accessing the Internet or storing electronic files, in
    order to confirm Internet protocol addresses reported in
    accordance with the Sex Offender Registration Act and
    compliance with conditions in this Act;
        (7.10) if convicted for an offense that would qualify
    the accused as a sex offender or sexual predator under the
    Sex Offender Registration Act on or after the effective
    date of this amendatory Act of the 95th General Assembly,
    not possess prescription drugs for erectile dysfunction;
        (7.11) if convicted for an offense under Section 11-6,
    11-9.1, 11-14.4 that involves soliciting for a juvenile
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
    of the Criminal Code of 1961, or any attempt to commit any
    of these offenses, committed on or after June 1, 2009 (the
    effective date of Public Act 95-983):
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent;
        (7.12) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after January
    1, 2010 (the effective date of Public Act 96-262), refrain
    from accessing or using a social networking website as
    defined in Section 16D-2 of the Criminal Code of 1961;
        (7.13) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after January 1, 2010 (the effective date of Public Act
    96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any computer
    scrub software on any computer that the sex offender uses;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics or
    other controlled substances in any form, or both, or any
    paraphernalia related to those substances and submit to a
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    relates to his or her adjustment in the community while on
    parole or mandatory supervised release or to his or her
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (15) follow any specific instructions provided by the
    parole agent that are consistent with furthering
    conditions set and approved by the Prisoner Review Board or
    by law, exclusive of placement on electronic detention, to
    achieve the goals and objectives of his or her parole or
    mandatory supervised release or to protect the public.
    These instructions by the parole agent may be modified at
    any time, as the agent deems appropriate;
        (16) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (17) if convicted of a violation of an order of
    protection under Section 12-30 of the Criminal Code of
    1961, be placed under electronic surveillance as provided
    in Section 5-8A-7 of this Code.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (2) undergo medical or psychiatric treatment, or
    treatment for drug addiction or alcoholism;
        (3) attend or reside in a facility established for the
    instruction or residence of persons on probation or parole;
        (4) support his dependents;
        (5) (blank);
        (6) (blank);
        (7) comply with the terms and conditions of an order of
    protection issued pursuant to the Illinois Domestic
    Violence Act of 1986, enacted by the 84th General Assembly,
    or an order of protection issued by the court of another
    state, tribe, or United States territory;
        (7.5) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.5), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is related to the accused if the person is: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) that
    would qualify as a sex offense as defined in the Sex
    Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent; and
        (8) in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his own support at home or in a
        foster home.
    (b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (3) notify third parties of the risks that may be
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department
    of Corrections prior to accepting employment or pursuing a
    course of study or vocational training and notify the
    Department prior to any change in employment, study, or
    training;
        (5) not be employed or participate in any volunteer
    activity that involves contact with children, except under
    circumstances approved in advance and in writing by an
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12
    months from the date of release as determined by the Board;
        (7) refrain from entering into a designated geographic
    area except upon terms approved in advance by an agent of
    the Department of Corrections. The terms may include
    consideration of the purpose of the entry, the time of day,
    and others accompanying the person;
        (8) refrain from having any contact, including written
    or oral communications, directly or indirectly, personally
    or by telephone, letter, or through a third party with
    certain specified persons including, but not limited to,
    the victim or the victim's family without the prior written
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or indirectly,
    personally, by telephone, letter, or through a third party,
    with minor children without prior identification and
    approval of an agent of the Department of Corrections;
        (10) neither possess or have under his or her control
    any material that is sexually oriented, sexually
    stimulating, or that shows male or female sex organs or any
    pictures depicting children under 18 years of age nude or
    any written or audio material describing sexual
    intercourse or that depicts or alludes to sexual activity,
    including but not limited to visual, auditory, telephonic,
    or electronic media, or any matter obtained through access
    to any computer or material linked to computer access use;
        (11) not patronize any business providing sexually
    stimulating or sexually oriented entertainment nor utilize
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about parks,
    schools, day care centers, swimming pools, beaches,
    theaters, or any other places where minor children
    congregate without advance approval of an agent of the
    Department of Corrections and immediately report any
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
    certain specified items of contraband related to the
    incidence of sexually offending as determined by an agent
    of the Department of Corrections;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections;
        (15) comply with all other special conditions that the
    Department may impose that restrict the person from
    high-risk situations and limit access to potential
    victims;
        (16) take an annual polygraph exam;
        (17) maintain a log of his or her travel; or
        (18) obtain prior approval of his or her parole officer
    before driving alone in a motor vehicle.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
    (d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
    (e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
    (f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
96-1000, eff. 7-2-10.)
 
    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
    Sec. 5-3-2. Presentence Report.
    (a) In felony cases, the presentence report shall set
forth:
        (1) the defendant's history of delinquency or
    criminality, physical and mental history and condition,
    family situation and background, economic status,
    education, occupation and personal habits;
        (2) information about special resources within the
    community which might be available to assist the
    defendant's rehabilitation, including treatment centers,
    residential facilities, vocational training services,
    correctional manpower programs, employment opportunities,
    special educational programs, alcohol and drug abuse
    programming, psychiatric and marriage counseling, and
    other programs and facilities which could aid the
    defendant's successful reintegration into society;
        (3) the effect the offense committed has had upon the
    victim or victims thereof, and any compensatory benefit
    that various sentencing alternatives would confer on such
    victim or victims;
        (4) information concerning the defendant's status
    since arrest, including his record if released on his own
    recognizance, or the defendant's achievement record if
    released on a conditional pre-trial supervision program;
        (5) when appropriate, a plan, based upon the personal,
    economic and social adjustment needs of the defendant,
    utilizing public and private community resources as an
    alternative to institutional sentencing;
        (6) any other matters that the investigatory officer
    deems relevant or the court directs to be included; and
        (7) information concerning defendant's eligibility for
    a sentence to a county impact incarceration program under
    Section 5-8-1.2 of this Code.
    (b) The investigation shall include a physical and mental
examination of the defendant when so ordered by the court. If
the court determines that such an examination should be made,
it shall issue an order that the defendant submit to
examination at such time and place as designated by the court
and that such examination be conducted by a physician,
psychologist or psychiatrist designated by the court. Such an
examination may be conducted in a court clinic if so ordered by
the court. The cost of such examination shall be paid by the
county in which the trial is held.
    (b-5) In cases involving felony sex offenses in which the
offender is being considered for probation only or any felony
offense that is sexually motivated as defined in the Sex
Offender Management Board Act in which the offender is being
considered for probation only, the investigation shall include
a sex offender evaluation by an evaluator approved by the Board
and conducted in conformance with the standards developed under
the Sex Offender Management Board Act. In cases in which the
offender is being considered for any mandatory prison sentence,
the investigation shall not include a sex offender evaluation.
    (c) In misdemeanor, business offense or petty offense
cases, except as specified in subsection (d) of this Section,
when a presentence report has been ordered by the court, such
presentence report shall contain information on the
defendant's history of delinquency or criminality and shall
further contain only those matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court in its order for the
report.
    (d) In cases under Sections 11-1.50, Section 12-15, and
Section 12-30 of the Criminal Code of 1961, as amended, the
presentence report shall set forth information about alcohol,
drug abuse, psychiatric, and marriage counseling or other
treatment programs and facilities, information on the
defendant's history of delinquency or criminality, and shall
contain those additional matters listed in any of paragraphs
(1) through (6) of subsection (a) or in subsection (b) of this
Section as are specified by the court.
    (e) Nothing in this Section shall cause the defendant to be
held without bail or to have his bail revoked for the purpose
of preparing the presentence report or making an examination.
(Source: P.A. 96-322, eff. 1-1-10.)
 
    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
    Sec. 5-4-1. Sentencing Hearing.
    (a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence. However,
prior to the imposition of sentence on an individual being
sentenced for an offense based upon a charge for a violation of
Section 11-501 of the Illinois Vehicle Code or a similar
provision of a local ordinance, the individual must undergo a
professional evaluation to determine if an alcohol or other
drug abuse problem exists and the extent of such a problem.
Programs conducting these evaluations shall be licensed by the
Department of Human Services. However, if the individual is not
a resident of Illinois, the court may, in its discretion,
accept an evaluation from a program in the state of such
individual's residence. The court may in its sentencing order
approve an eligible defendant for placement in a Department of
Corrections impact incarceration program as provided in
Section 5-8-1.1 or 5-8-1.3. The court may in its sentencing
order recommend a defendant for placement in a Department of
Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
        (1) consider the evidence, if any, received upon the
    trial;
        (2) consider any presentence reports;
        (3) consider the financial impact of incarceration
    based on the financial impact statement filed with the
    clerk of the court by the Department of Corrections;
        (4) consider evidence and information offered by the
    parties in aggravation and mitigation;
        (4.5) consider substance abuse treatment, eligibility
    screening, and an assessment, if any, of the defendant by
    an agent designated by the State of Illinois to provide
    assessment services for the Illinois courts;
        (5) hear arguments as to sentencing alternatives;
        (6) afford the defendant the opportunity to make a
    statement in his own behalf;
        (7) afford the victim of a violent crime or a violation
    of Section 11-501 of the Illinois Vehicle Code, or a
    similar provision of a local ordinance, or a qualified
    individual affected by: (i) a violation of Section 405,
    405.1, 405.2, or 407 of the Illinois Controlled Substances
    Act or a violation of Section 55 or Section 65 of the
    Methamphetamine Control and Community Protection Act, or
    (ii) a Class 4 felony violation of Section 11-14, 11-14.3
    except as described in subdivisions (a)(2)(A) and
    (a)(2)(B), 11-15, 11-17, 11-18, 11-18.1, or 11-19 of the
    Criminal Code of 1961, committed by the defendant the
    opportunity to make a statement concerning the impact on
    the victim and to offer evidence in aggravation or
    mitigation; provided that the statement and evidence
    offered in aggravation or mitigation must first be prepared
    in writing in conjunction with the State's Attorney before
    it may be presented orally at the hearing. Any sworn
    testimony offered by the victim is subject to the
    defendant's right to cross-examine. All statements and
    evidence offered under this paragraph (7) shall become part
    of the record of the court. For the purpose of this
    paragraph (7), "qualified individual" means any person who
    (i) lived or worked within the territorial jurisdiction
    where the offense took place when the offense took place;
    and (ii) is familiar with various public places within the
    territorial jurisdiction where the offense took place when
    the offense took place. For the purposes of this paragraph
    (7), "qualified individual" includes any peace officer, or
    any member of any duly organized State, county, or
    municipal peace unit assigned to the territorial
    jurisdiction where the offense took place when the offense
    took place;
        (8) in cases of reckless homicide afford the victim's
    spouse, guardians, parents or other immediate family
    members an opportunity to make oral statements;
        (9) in cases involving a felony sex offense as defined
    under the Sex Offender Management Board Act, consider the
    results of the sex offender evaluation conducted pursuant
    to Section 5-3-2 of this Act; and
        (10) make a finding of whether a motor vehicle was used
    in the commission of the offense for which the defendant is
    being sentenced.
    (b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer sitting
as a judge in that court. Where the judge does not impose
sentence at the same time on all defendants who are convicted
as a result of being involved in the same offense, the
defendant or the State's Attorney may advise the sentencing
court of the disposition of any other defendants who have been
sentenced.
    (c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury to
someone other than the defendant, the trial judge shall specify
on the record the particular evidence, information, factors in
mitigation and aggravation or other reasons that led to his
sentencing determination. The full verbatim record of the
sentencing hearing shall be filed with the clerk of the court
and shall be a public record.
    (c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or category
II weapon, the trial judge shall make a finding as to whether
the conduct leading to conviction for the offense resulted in
great bodily harm to a victim, and shall enter that finding and
the basis for that finding in the record.
    (c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for early release
found in Section 3-6-3 and other related provisions of this
Code. This statement is intended solely to inform the public,
has no legal effect on the defendant's actual release, and may
not be relied on by the defendant on appeal.
    The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(3) of Section 3-6-3,
shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply with
the institutional regulations, does not receive those credits,
the actual time served in prison will be longer. The defendant
may also receive an additional one-half day good conduct credit
for each day of participation in vocational, industry,
substance abuse, and educational programs as provided for by
Illinois statute."
    When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(3) of Section 3-6-3, other than
when the sentence is imposed for one of the offenses enumerated
in paragraph (a)(2) of Section 3-6-3 committed on or after June
19, 1998, and other than when the sentence is imposed for
reckless homicide as defined in subsection (e) of Section 9-3
of the Criminal Code of 1961 if the offense was committed on or
after January 1, 1999, and other than when the sentence is
imposed for aggravated arson if the offense was committed on or
after July 27, 2001 (the effective date of Public Act 92-176),
and other than when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs, or
intoxicating compound or compounds, or any combination thereof
as defined in subparagraph (C) of paragraph (1) of subsection
(d) of Section 11-501 of the Illinois Vehicle Code committed on
or after January 1, 2011 (the effective date of Public Act
96-1230) this amendatory Act of the 96th General Assembly, the
judge's statement, to be given after pronouncing the sentence,
shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her good
conduct credit, the period of estimated actual custody is ...
years and ... months, less up to 90 days additional good
conduct credit for meritorious service. If the defendant,
because of his or her own misconduct or failure to comply with
the institutional regulations, does not receive those credits,
the actual time served in prison will be longer. The defendant
may also receive an additional one-half day good conduct credit
for each day of participation in vocational, industry,
substance abuse, and educational programs as provided for by
Illinois statute."
    When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 if the offense was committed on or after
January 1, 1999, and when the sentence is imposed for
aggravated driving under the influence of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof as defined in subparagraph (F) of paragraph
(1) of subsection (d) of Section 11-501 of the Illinois Vehicle
Code, and when the sentence is imposed for aggravated arson if
the offense was committed on or after July 27, 2001 (the
effective date of Public Act 92-176), and when the sentence is
imposed for aggravated driving under the influence of alcohol,
other drug or drugs, or intoxicating compound or compounds, or
any combination thereof as defined in subparagraph (C) of
paragraph (1) of subsection (d) of Section 11-501 of the
Illinois Vehicle Code committed on or after January 1, 2011
(the effective date of Public Act 96-1230) this amendatory Act
of the 96th General Assembly, the judge's statement, to be
given after pronouncing the sentence, shall include the
following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
good conduct credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least 85%
of his or her sentence. Assuming the defendant receives 4 1/2
days credit for each month of his or her sentence, the period
of estimated actual custody is ... years and ... months. If the
defendant, because of his or her own misconduct or failure to
comply with the institutional regulations receives lesser
credit, the actual time served in prison will be longer."
    When a sentence of imprisonment is imposed for first degree
murder and the offense was committed on or after June 19, 1998,
the judge's statement, to be given after pronouncing the
sentence, shall include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to good conduct credit.
Therefore, this defendant will serve 100% of his or her
sentence."
    When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement, in
addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
    "The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois as
applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no good conduct credit under
clause (3) of subsection (a) of Section 3-6-3 until he or she
participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
    (c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist or
physician, the court may:
        (1) order that the officer preparing the presentence
    report consult with the United States Department of
    Veterans Affairs, Illinois Department of Veterans'
    Affairs, or another agency or person with suitable
    knowledge or experience for the purpose of providing the
    court with information regarding treatment options
    available to the defendant, including federal, State, and
    local programming; and
        (2) consider the treatment recommendations of any
    diagnosing or treating mental health professionals
    together with the treatment options available to the
    defendant in imposing sentence.
    For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
    (c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
    (d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,
associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
    (e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
        (1) the sentence imposed;
        (2) any statement by the court of the basis for
    imposing the sentence;
        (3) any presentence reports;
        (3.5) any sex offender evaluations;
        (3.6) any substance abuse treatment eligibility
    screening and assessment of the defendant by an agent
    designated by the State of Illinois to provide assessment
    services for the Illinois courts;
        (4) the number of days, if any, which the defendant has
    been in custody and for which he is entitled to credit
    against the sentence, which information shall be provided
    to the clerk by the sheriff;
        (4.1) any finding of great bodily harm made by the
    court with respect to an offense enumerated in subsection
    (c-1);
        (5) all statements filed under subsection (d) of this
    Section;
        (6) any medical or mental health records or summaries
    of the defendant;
        (7) the municipality where the arrest of the offender
    or the commission of the offense has occurred, where such
    municipality has a population of more than 25,000 persons;
        (8) all statements made and evidence offered under
    paragraph (7) of subsection (a) of this Section; and
        (9) all additional matters which the court directs the
    clerk to transmit.
    (f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 95-331, eff. 8-21-07; 96-86, eff. 1-1-10;
96-1180, eff. 1-1-11; 96-1230, eff. 1-1-11; revised 9-16-10.)
 
    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
    Sec. 5-4-3. Persons convicted of, or found delinquent for,
certain offenses or institutionalized as sexually dangerous;
specimens; genetic marker groups.
    (a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile Court
Act of 1987, convicted or found guilty of, under the Juvenile
Court Act of 1987, any offense requiring registration under the
Sex Offender Registration Act, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of
the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section, provided such person is:
        (1) convicted of a qualifying offense or attempt of a
    qualifying offense on or after July 1, 1990 and sentenced
    to a term of imprisonment, periodic imprisonment, fine,
    probation, conditional discharge or any other form of
    sentence, or given a disposition of court supervision for
    the offense;
        (1.5) found guilty or given supervision under the
    Juvenile Court Act of 1987 for a qualifying offense or
    attempt of a qualifying offense on or after January 1,
    1997;
        (2) ordered institutionalized as a sexually dangerous
    person on or after July 1, 1990;
        (3) convicted of a qualifying offense or attempt of a
    qualifying offense before July 1, 1990 and is presently
    confined as a result of such conviction in any State
    correctional facility or county jail or is presently
    serving a sentence of probation, conditional discharge or
    periodic imprisonment as a result of such conviction;
        (3.5) convicted or found guilty of any offense
    classified as a felony under Illinois law or found guilty
    or given supervision for such an offense under the Juvenile
    Court Act of 1987 on or after August 22, 2002;
        (4) presently institutionalized as a sexually
    dangerous person or presently institutionalized as a
    person found guilty but mentally ill of a sexual offense or
    attempt to commit a sexual offense;
        (4.5) ordered committed as a sexually violent person on
    or after the effective date of the Sexually Violent Persons
    Commitment Act; or
        (5) seeking transfer to or residency in Illinois under
    Sections 3-3-11.05 through 3-3-11.5 of the Unified Code of
    Corrections and the Interstate Compact for Adult Offender
    Supervision or the Interstate Agreements on Sexually
    Dangerous Persons Act.
    Notwithstanding other provisions of this Section, any
person incarcerated in a facility of the Illinois Department of
Corrections or the Illinois Department of Juvenile Justice on
or after August 22, 2002, whether for a term of years, natural
life, or a sentence of death, who has not yet submitted a
sample of blood, saliva, or tissue shall be required to submit
a specimen of blood, saliva, or tissue prior to his or her
final discharge, or release on parole or mandatory supervised
release, as a condition of his or her parole or mandatory
supervised release, or within 6 months from August 13, 2009
(the effective date of Public Act 96-426), whichever is sooner.
A person incarcerated on or after August 13, 2009 (the
effective date of Public Act 96-426) shall be required to
submit a sample within 45 days of incarceration, or prior to
his or her final discharge, or release on parole or mandatory
supervised release, as a condition of his or her parole or
mandatory supervised release, whichever is sooner. These
specimens shall be placed into the State or national DNA
database, to be used in accordance with other provisions of
this Section, by the Illinois State Police.
    Notwithstanding other provisions of this Section, any
person sentenced to life imprisonment in a facility of the
Illinois Department of Corrections after the effective date of
this amendatory Act of the 94th General Assembly or sentenced
to death after the effective date of this amendatory Act of the
94th General Assembly shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after sentencing or
disposition at a collection site designated by the Illinois
Department of State Police. Any person serving a sentence of
life imprisonment in a facility of the Illinois Department of
Corrections on the effective date of this amendatory Act of the
94th General Assembly or any person who is under a sentence of
death on the effective date of this amendatory Act of the 94th
General Assembly shall be required to provide a specimen of
blood, saliva, or tissue upon request at a collection site
designated by the Illinois Department of State Police.
    (a-5) Any person who was otherwise convicted of or received
a disposition of court supervision for any other offense under
the Criminal Code of 1961 or who was found guilty or given
supervision for such a violation under the Juvenile Court Act
of 1987, may, regardless of the sentence imposed, be required
by an order of the court to submit specimens of blood, saliva,
or tissue to the Illinois Department of State Police in
accordance with the provisions of this Section.
    (b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
    (c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such samples prior to final discharge or
within 6 months from August 13, 2009 (the effective date of
Public Act 96-426), whichever is sooner. These specimens shall
be placed into the State or national DNA database, to be used
in accordance with other provisions of this Act, by the
Illinois State Police.
    (c-5) Any person required by paragraph (a)(5) to provide
specimens of blood, saliva, or tissue shall, where feasible, be
required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.
    (c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis.
    (d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood samples. The collection of samples shall be performed in
a medically approved manner. Only a physician authorized to
practice medicine, a registered nurse or other qualified person
trained in venipuncture may withdraw blood for the purposes of
this Act. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva samples. The collection of saliva samples shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting saliva may collect saliva for the purposes of this
Section. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
tissue samples. The collection of tissue samples shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting tissue may collect tissue for the purposes of this
Section. The samples shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
    (d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,
analysis, and categorization of known samples, except as
provided in subsection (n) of this Section.
    (d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue samples, except as provided in subsection (n) of this
Section.
    (e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
    (f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
    (f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any samples, analyses, or other documents
relating to such record, whether in the possession of the
Department or any law enforcement or police agency, or any
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed.
    (f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA sample, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
    (f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly, except as provided
in subsection (n) of this Section. Any other party contracting
to carry out the functions of this Section shall be subject to
the same restrictions and requirements of this Section insofar
as applicable, as the Illinois Department of State Police, and
to any additional restrictions imposed by the Illinois
Department of State Police.
    (g) For the purposes of this Section, "qualifying offense"
means any of the following:
        (1) any violation or inchoate violation of Section
    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
    12-16 of the Criminal Code of 1961;
        (1.1) any violation or inchoate violation of Section
    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
    18-4, 19-1, or 19-2 of the Criminal Code of 1961 for which
    persons are convicted on or after July 1, 2001;
        (2) any former statute of this State which defined a
    felony sexual offense;
        (3) (blank);
        (4) any inchoate violation of Section 9-3.1, 11-9.3,
    12-7.3, or 12-7.4 of the Criminal Code of 1961; or
        (5) any violation or inchoate violation of Article 29D
    of the Criminal Code of 1961.
    (g-5) (Blank).
    (h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue samples and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.
    (i) (1) A person required to provide a blood, saliva, or
    tissue specimen shall cooperate with the collection of the
    specimen and any deliberate act by that person intended to
    impede, delay or stop the collection of the blood, saliva,
    or tissue specimen is a Class A misdemeanor.
        (2) In the event that a person's DNA sample is not
    adequate for any reason, the person shall provide another
    DNA sample for analysis. Duly authorized law enforcement
    and corrections personnel may employ reasonable force in
    cases in which an individual refuses to provide a DNA
    sample required under this Act.
    (j) Any person required by subsection (a) to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police for analysis and categorization into
genetic marker grouping, in addition to any other disposition,
penalty, or fine imposed, shall pay an analysis fee of $200. If
the analysis fee is not paid at the time of sentencing, the
court shall establish a fee schedule by which the entire amount
of the analysis fee shall be paid in full, such schedule not to
exceed 24 months from the time of conviction. The inability to
pay this analysis fee shall not be the sole ground to
incarcerate the person.
    (k) All analysis and categorization fees provided for by
subsection (j) shall be regulated as follows:
        (1) The State Offender DNA Identification System Fund
    is hereby created as a special fund in the State Treasury.
        (2) All fees shall be collected by the clerk of the
    court and forwarded to the State Offender DNA
    Identification System Fund for deposit. The clerk of the
    circuit court may retain the amount of $10 from each
    collected analysis fee to offset administrative costs
    incurred in carrying out the clerk's responsibilities
    under this Section.
        (3) Fees deposited into the State Offender DNA
    Identification System Fund shall be used by Illinois State
    Police crime laboratories as designated by the Director of
    State Police. These funds shall be in addition to any
    allocations made pursuant to existing laws and shall be
    designated for the exclusive use of State crime
    laboratories. These uses may include, but are not limited
    to, the following:
            (A) Costs incurred in providing analysis and
        genetic marker categorization as required by
        subsection (d).
            (B) Costs incurred in maintaining genetic marker
        groupings as required by subsection (e).
            (C) Costs incurred in the purchase and maintenance
        of equipment for use in performing analyses.
            (D) Costs incurred in continuing research and
        development of new techniques for analysis and genetic
        marker categorization.
            (E) Costs incurred in continuing education,
        training, and professional development of forensic
        scientists regularly employed by these laboratories.
    (l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, within the 45 day
period shall in no way alter the obligation of the person to
submit such specimen, or the authority of the Illinois
Department of State Police or persons designated by the
Department to collect the specimen, or the authority of the
Illinois Department of State Police to accept, analyze and
maintain the specimen or to maintain or upload results of
genetic marker grouping analysis information into a State or
national database.
    (m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
    (n) Neither the Department of State Police, the Division of
Forensic Services, nor any laboratory of the Division of
Forensic Services may contract out forensic testing for the
purpose of an active investigation or a matter pending before a
court of competent jurisdiction without the written consent of
the prosecuting agency. For the purposes of this subsection
(n), "forensic testing" includes the analysis of physical
evidence in an investigation or other proceeding for the
prosecution of a violation of the Criminal Code of 1961 or for
matters adjudicated under the Juvenile Court Act of 1987, and
includes the use of forensic databases and databanks, including
DNA, firearm, and fingerprint databases, and expert testimony.
(Source: P.A. 96-426, eff. 8-13-09; 96-642, eff. 8-24-09;
96-1000, eff. 7-2-10.)
 
    (730 ILCS 5/5-4-3.2)
    Sec. 5-4-3.2. Collection and storage of Internet protocol
addresses.
    (a) Cyber-crimes Location Database. The Attorney General
is hereby authorized to establish and maintain the "Illinois
Cyber-crimes Location Database" (ICLD) to collect, store, and
use Internet protocol (IP) addresses for purposes of
investigating and prosecuting child exploitation crimes on the
Internet.
    (b) "Internet protocol address" means the string of numbers
by which a location on the Internet is identified by routers or
other computers connected to the Internet.
    (c) Collection of Internet Protocol addresses.
        (1) Collection upon commitment under the Sexually
    Dangerous Persons Act. Upon motion for a defendant's
    confinement under the Sexually Dangerous Persons Act for
    criminal charges under Section 11-6, 11-20.1, 11-20.1B,
    11-20.3, or 11-21 of the Criminal Code of 1961, the State's
    Attorney or Attorney General shall record all Internet
    protocol (IP) addresses which the defendant may access from
    his or her residence or place of employment, registered in
    his or her name, or otherwise has under his or her control
    or custody.
        (2) Collection upon conviction. Upon conviction for
    crimes under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
    11-21 of the Criminal Code of 1961, a State's Attorney
    shall record from defendants all Internet protocol (IP)
    addresses which the defendant may access from his or her
    residence or place of employment, registered in his or her
    name, or otherwise has under his or her control or custody,
    regardless of the sentence or disposition imposed.
    (d) Storage and use of the Database. Internet protocol (IP)
addresses recorded pursuant to this Section shall be submitted
to the Attorney General for storage and use in the Illinois
Cyber-crimes Location Database. The Attorney General and its
designated agents may access the database for the purpose of
investigation and prosecution of crimes listed in this Section.
In addition, the Attorney General is authorized to share
information stored in the database with the National Center for
Missing and Exploited Children (NCMEC) and any federal, state,
or local law enforcement agencies for the investigation or
prosecution of child exploitation crimes.
(Source: P.A. 95-579, eff. 8-31-07.)
 
    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
        (2) A period of probation, a term of periodic
    imprisonment or conditional discharge shall not be imposed
    for the following offenses. The court shall sentence the
    offender to not less than the minimum term of imprisonment
    set forth in this Code for the following offenses, and may
    order a fine or restitution or both in conjunction with
    such term of imprisonment:
            (A) First degree murder where the death penalty is
        not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        Illinois Controlled Substances Act, or a violation of
        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
        of that Act which relates to more than 5 grams of a
        substance containing heroin, cocaine, fentanyl, or an
        analog thereof.
            (E) A violation of Section 5.1 or 9 of the Cannabis
        Control Act.
            (F) A Class 2 or greater felony if the offender had
        been convicted of a Class 2 or greater felony,
        including any state or federal conviction for an
        offense that contained, at the time it was committed,
        the same elements as an offense now (the date of the
        offense committed after the prior Class 2 or greater
        felony) classified as a Class 2 or greater felony,
        within 10 years of the date on which the offender
        committed the offense for which he or she is being
        sentenced, except as otherwise provided in Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act.
            (F-5) A violation of Section 24-1, 24-1.1, or
        24-1.6 of the Criminal Code of 1961 for which
        imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        provided in Section 40-10 of the Alcoholism and Other
        Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen.
            (J) A forcible felony if the offense was related to
        the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        paragraph, "organized gang" means an association of 5
        or more persons, with an established hierarchy, that
        encourages members of the association to perpetrate
        crimes or provides support to the members of the
        association who do commit crimes.
            Beginning July 1, 1994, for the purposes of this
        paragraph, "organized gang" has the meaning ascribed
        to it in Section 10 of the Illinois Streetgang
        Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        offense of hate crime when the underlying offense upon
        which the hate crime is based is felony aggravated
        assault or felony mob action.
            (M) A second or subsequent conviction for the
        offense of institutional vandalism if the damage to the
        property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1) of
        subsection (a) of Section 2 of the Firearm Owners
        Identification Card Act.
            (O) A violation of Section 12-6.1 of the Criminal
        Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        (5), or (7) of subsection (a) of Section 11-20.1 of the
        Criminal Code of 1961.
            (Q) A violation of Section 20-1.2 or 20-1.3 of the
        Criminal Code of 1961.
            (R) A violation of Section 24-3A of the Criminal
        Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        Methamphetamine Control and Community Protection Act.
            (U) A second or subsequent violation of Section
        6-303 of the Illinois Vehicle Code committed while his
        or her driver's license, permit, or privilege was
        revoked because of a violation of Section 9-3 of the
        Criminal Code of 1961, relating to the offense of
        reckless homicide, or a similar provision of a law of
        another state.
            (V) A violation of paragraph (4) of subsection (c)
        of Section 11-20.1B or paragraph (4) of subsection (c)
        of Section 11-20.3 of the Criminal Code of 1961.
            (W) A violation of Section 24-3.5 of the Criminal
        Code of 1961.
            (X) A violation of subsection (a) of Section 31-1a
        of the Criminal Code of 1961.
            (Y) A conviction for unlawful possession of a
        firearm by a street gang member when the firearm was
        loaded or contained firearm ammunition.
            (Z) A Class 1 felony committed while he or she was
        serving a term of probation or conditional discharge
        for a felony.
            (AA) Theft of property exceeding $500,000 and not
        exceeding $1,000,000 in value.
            (BB) Laundering of criminally derived property of
        a value exceeding $500,000.
            (CC) Knowingly selling, offering for sale, holding
        for sale, or using 2,000 or more counterfeit items or
        counterfeit items having a retail value in the
        aggregate of $500,000 or more.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than 10
    consecutive days or 30 days of community service shall be
    imposed for a violation of paragraph (c) of Section 6-303
    of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraphs (4.3) and (4.8)
    of this subsection (c), a minimum of 100 hours of community
    service shall be imposed for a second violation of Section
    6-303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or 300
    hours of community service, as determined by the court,
    shall be imposed for a second violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraphs (4.5), (4.6),
    and (4.9) of this subsection (c), a minimum term of
    imprisonment of 30 days or 300 hours of community service,
    as determined by the court, shall be imposed for a third or
    subsequent violation of Section 6-303 of the Illinois
    Vehicle Code.
        (4.5) A minimum term of imprisonment of 30 days shall
    be imposed for a third violation of subsection (c) of
    Section 6-303 of the Illinois Vehicle Code.
        (4.6) Except as provided in paragraph (4.10) of this
    subsection (c), a minimum term of imprisonment of 180 days
    shall be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the Illinois Vehicle
    Code.
        (4.7) A minimum term of imprisonment of not less than
    30 consecutive days, or 300 hours of community service,
    shall be imposed for a violation of subsection (a-5) of
    Section 6-303 of the Illinois Vehicle Code, as provided in
    subsection (b-5) of that Section.
        (4.8) A mandatory prison sentence shall be imposed for
    a second violation of subsection (a-5) of Section 6-303 of
    the Illinois Vehicle Code, as provided in subsection (c-5)
    of that Section. The person's driving privileges shall be
    revoked for a period of not less than 5 years from the date
    of his or her release from prison.
        (4.9) A mandatory prison sentence of not less than 4
    and not more than 15 years shall be imposed for a third
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-2.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (4.10) A mandatory prison sentence for a Class 1 felony
    shall be imposed, and the person shall be eligible for an
    extended term sentence, for a fourth or subsequent
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-3.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (5) The court may sentence a corporation or
    unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        5-5-6 of this Code.
        (5.1) In addition to any other penalties imposed, and
    except as provided in paragraph (5.2) or (5.3), a person
    convicted of violating subsection (c) of Section 11-907 of
    the Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 90
    days but not more than one year, if the violation resulted
    in damage to the property of another person.
        (5.2) In addition to any other penalties imposed, and
    except as provided in paragraph (5.3), a person convicted
    of violating subsection (c) of Section 11-907 of the
    Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
        (5.3) In addition to any other penalties imposed, a
    person convicted of violating subsection (c) of Section
    11-907 of the Illinois Vehicle Code shall have his or her
    driver's license, permit, or privileges suspended for 2
    years, if the violation resulted in the death of another
    person.
        (5.4) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for 3 months and until he
    or she has paid a reinstatement fee of $100.
        (5.5) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code during a period in which his or her driver's
    license, permit, or privileges were suspended for a
    previous violation of that Section shall have his or her
    driver's license, permit, or privileges suspended for an
    additional 6 months after the expiration of the original
    3-month suspension and until he or she has paid a
    reinstatement fee of $100.
        (6) (Blank).
        (7) (Blank).
        (8) (Blank).
        (9) A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may be sentenced to
    a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    for a first offense and $2,000 for a second or subsequent
    offense upon a person convicted of or placed on supervision
    for battery when the individual harmed was a sports
    official or coach at any level of competition and the act
    causing harm to the sports official or coach occurred
    within an athletic facility or within the immediate
    vicinity of the athletic facility at which the sports
    official or coach was an active participant of the athletic
    contest held at the athletic facility. For the purposes of
    this paragraph (11), "sports official" means a person at an
    athletic contest who enforces the rules of the contest,
    such as an umpire or referee; "athletic facility" means an
    indoor or outdoor playing field or recreational area where
    sports activities are conducted; and "coach" means a person
    recognized as a coach by the sanctioning authority that
    conducted the sporting event.
        (12) A person may not receive a disposition of court
    supervision for a violation of Section 5-16 of the Boat
    Registration and Safety Act if that person has previously
    received a disposition of court supervision for a violation
    of that Section.
        (13) A person convicted of or placed on court
    supervision for an assault or aggravated assault when the
    victim and the offender are family or household members as
    defined in Section 103 of the Illinois Domestic Violence
    Act of 1986 or convicted of domestic battery or aggravated
    domestic battery may be required to attend a Partner Abuse
    Intervention Program under protocols set forth by the
    Illinois Department of Human Services under such terms and
    conditions imposed by the court. The costs of such classes
    shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 results in conviction of a defendant who was a
family member of the victim at the time of the commission of
the offense, the court shall consider the safety and welfare of
the victim and may impose a sentence of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
11-0.1 12-12 of the Criminal Code of 1961.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
defendant shall undergo medical testing to determine whether
the defendant has any sexually transmissible disease,
including a test for infection with human immunodeficiency
virus (HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Any such medical test shall
be performed only by appropriately licensed medical
practitioners and may include an analysis of any bodily fluids
as well as an examination of the defendant's person. Except as
otherwise provided by law, the results of such test shall be
kept strictly confidential by all medical personnel involved in
the testing and must be personally delivered in a sealed
envelope to the judge of the court in which the conviction was
entered for the judge's inspection in camera. Acting in
accordance with the best interests of the victim and the
public, the judge shall have the discretion to determine to
whom, if anyone, the results of the testing may be revealed.
The court shall notify the defendant of the test results. The
court shall also notify the victim if requested by the victim,
and if the victim is under the age of 15 and if requested by the
victim's parents or legal guardian, the court shall notify the
victim's parents or legal guardian of the test results. The
court shall provide information on the availability of HIV
testing and counseling at Department of Public Health
facilities to all parties to whom the results of the testing
are revealed and shall direct the State's Attorney to provide
the information to the victim when possible. A State's Attorney
may petition the court to obtain the results of any HIV test
administered under this Section, and the court shall grant the
disclosure if the State's Attorney shows it is relevant in
order to prosecute a charge of criminal transmission of HIV
under Section 12-16.2 of the Criminal Code of 1961 against the
defendant. The court shall order that the cost of any such test
shall be paid by the county and may be taxed as costs against
the convicted defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court
shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961, any violation of
the Illinois Controlled Substances Act, any violation of the
Cannabis Control Act, or any violation of the Methamphetamine
Control and Community Protection Act results in conviction, a
disposition of court supervision, or an order of probation
granted under Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substance Act, or Section 70 of
the Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of
schools shall notify the State Board of Education of any
notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
    (l), whenever a defendant, who is an alien as defined by
    the Immigration and Nationality Act, is convicted of any
    felony or misdemeanor offense, the court after sentencing
    the defendant may, upon motion of the State's Attorney,
    hold sentence in abeyance and remand the defendant to the
    custody of the Attorney General of the United States or his
    or her designated agent to be deported when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    provided in this Chapter V.
        (B) If the defendant has already been sentenced for a
    felony or misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act, the court may, upon motion of the State's
    Attorney to suspend the sentence imposed, commit the
    defendant to the custody of the Attorney General of the
    United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders who
    are subject to the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
        (D) Upon motion of the State's Attorney, if a defendant
    sentenced under this Section returns to the jurisdiction of
    the United States, the defendant shall be recommitted to
    the custody of the county from which he or she was
    sentenced. Thereafter, the defendant shall be brought
    before the sentencing court, which may impose any sentence
    that was available under Section 5-5-3 at the time of
    initial sentencing. In addition, the defendant shall not be
    eligible for additional good conduct credit for
    meritorious service as provided under Section 3-6-6.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3 of the Criminal
Code of 1961 (i) to an impact incarceration program if the
person is otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, to a substance or alcohol abuse
program licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-5-3.2)
    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
Sentencing.
    (a) The following factors shall be accorded weight in favor
of imposing a term of imprisonment or may be considered by the
court as reasons to impose a more severe sentence under Section
5-8-1 or Article 4.5 of Chapter V:
        (1) the defendant's conduct caused or threatened
    serious harm;
        (2) the defendant received compensation for committing
    the offense;
        (3) the defendant has a history of prior delinquency or
    criminal activity;
        (4) the defendant, by the duties of his office or by
    his position, was obliged to prevent the particular offense
    committed or to bring the offenders committing it to
    justice;
        (5) the defendant held public office at the time of the
    offense, and the offense related to the conduct of that
    office;
        (6) the defendant utilized his professional reputation
    or position in the community to commit the offense, or to
    afford him an easier means of committing it;
        (7) the sentence is necessary to deter others from
    committing the same crime;
        (8) the defendant committed the offense against a
    person 60 years of age or older or such person's property;
        (9) the defendant committed the offense against a
    person who is physically handicapped or such person's
    property;
        (10) by reason of another individual's actual or
    perceived race, color, creed, religion, ancestry, gender,
    sexual orientation, physical or mental disability, or
    national origin, the defendant committed the offense
    against (i) the person or property of that individual; (ii)
    the person or property of a person who has an association
    with, is married to, or has a friendship with the other
    individual; or (iii) the person or property of a relative
    (by blood or marriage) of a person described in clause (i)
    or (ii). For the purposes of this Section, "sexual
    orientation" means heterosexuality, homosexuality, or
    bisexuality;
        (11) the offense took place in a place of worship or on
    the grounds of a place of worship, immediately prior to,
    during or immediately following worship services. For
    purposes of this subparagraph, "place of worship" shall
    mean any church, synagogue or other building, structure or
    place used primarily for religious worship;
        (12) the defendant was convicted of a felony committed
    while he was released on bail or his own recognizance
    pending trial for a prior felony and was convicted of such
    prior felony, or the defendant was convicted of a felony
    committed while he was serving a period of probation,
    conditional discharge, or mandatory supervised release
    under subsection (d) of Section 5-8-1 for a prior felony;
        (13) the defendant committed or attempted to commit a
    felony while he was wearing a bulletproof vest. For the
    purposes of this paragraph (13), a bulletproof vest is any
    device which is designed for the purpose of protecting the
    wearer from bullets, shot or other lethal projectiles;
        (14) the defendant held a position of trust or
    supervision such as, but not limited to, family member as
    defined in Section 11-0.1 12-12 of the Criminal Code of
    1961, teacher, scout leader, baby sitter, or day care
    worker, in relation to a victim under 18 years of age, and
    the defendant committed an offense in violation of Section
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
    11-14.4 except for an offense that involves keeping a place
    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
    or 12-16 of the Criminal Code of 1961 against that victim;
        (15) the defendant committed an offense related to the
    activities of an organized gang. For the purposes of this
    factor, "organized gang" has the meaning ascribed to it in
    Section 10 of the Streetgang Terrorism Omnibus Prevention
    Act;
        (16) the defendant committed an offense in violation of
    one of the following Sections while in a school, regardless
    of the time of day or time of year; on any conveyance
    owned, leased, or contracted by a school to transport
    students to or from school or a school related activity; on
    the real property of a school; or on a public way within
    1,000 feet of the real property comprising any school:
    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (16.5) the defendant committed an offense in violation
    of one of the following Sections while in a day care
    center, regardless of the time of day or time of year; on
    the real property of a day care center, regardless of the
    time of day or time of year; or on a public way within
    1,000 feet of the real property comprising any day care
    center, regardless of the time of day or time of year:
    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
    12-6, 12-6.1, 12-13, 12-14, 12-14.1, 12-15, 12-16, 18-2, or
    33A-2 of the Criminal Code of 1961;
        (17) the defendant committed the offense by reason of
    any person's activity as a community policing volunteer or
    to prevent any person from engaging in activity as a
    community policing volunteer. For the purpose of this
    Section, "community policing volunteer" has the meaning
    ascribed to it in Section 2-3.5 of the Criminal Code of
    1961;
        (18) the defendant committed the offense in a nursing
    home or on the real property comprising a nursing home. For
    the purposes of this paragraph (18), "nursing home" means a
    skilled nursing or intermediate long term care facility
    that is subject to license by the Illinois Department of
    Public Health under the Nursing Home Care Act or the MR/DD
    Community Care Act;
        (19) the defendant was a federally licensed firearm
    dealer and was previously convicted of a violation of
    subsection (a) of Section 3 of the Firearm Owners
    Identification Card Act and has now committed either a
    felony violation of the Firearm Owners Identification Card
    Act or an act of armed violence while armed with a firearm;
        (20) the defendant (i) committed the offense of
    reckless homicide under Section 9-3 of the Criminal Code of
    1961 or the offense of driving under the influence of
    alcohol, other drug or drugs, intoxicating compound or
    compounds or any combination thereof under Section 11-501
    of the Illinois Vehicle Code or a similar provision of a
    local ordinance and (ii) was operating a motor vehicle in
    excess of 20 miles per hour over the posted speed limit as
    provided in Article VI of Chapter 11 of the Illinois
    Vehicle Code;
        (21) the defendant (i) committed the offense of
    reckless driving or aggravated reckless driving under
    Section 11-503 of the Illinois Vehicle Code and (ii) was
    operating a motor vehicle in excess of 20 miles per hour
    over the posted speed limit as provided in Article VI of
    Chapter 11 of the Illinois Vehicle Code;
        (22) the defendant committed the offense against a
    person that the defendant knew, or reasonably should have
    known, was a member of the Armed Forces of the United
    States serving on active duty. For purposes of this clause
    (22), the term "Armed Forces" means any of the Armed Forces
    of the United States, including a member of any reserve
    component thereof or National Guard unit called to active
    duty;
        (23) the defendant committed the offense against a
    person who was elderly, disabled, or infirm by taking
    advantage of a family or fiduciary relationship with the
    elderly, disabled, or infirm person;
        (24) the defendant committed any offense under Section
    11-20.1 of the Criminal Code of 1961 and possessed 100 or
    more images;
        (25) the defendant committed the offense while the
    defendant or the victim was in a train, bus, or other
    vehicle used for public transportation; or
        (26) the defendant committed the offense of child
    pornography or aggravated child pornography, specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.1 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context and specifically
    including paragraph (1), (2), (3), (4), (5), or (7) of
    subsection (a) of Section 11-20.3 of the Criminal Code of
    1961 where a child engaged in, solicited for, depicted in,
    or posed in any act of sexual penetration or bound,
    fettered, or subject to sadistic, masochistic, or
    sadomasochistic abuse in a sexual context; or
        (27) the defendant committed the offense of first
    degree murder, assault, aggravated assault, battery,
    aggravated battery, robbery, armed robbery, or aggravated
    robbery against a person who was a veteran and the
    defendant knew, or reasonably should have known, that the
    person was a veteran performing duties as a representative
    of a veterans' organization. For the purposes of this
    paragraph (27), "veteran" means an Illinois resident who
    has served as a member of the United States Armed Forces, a
    member of the Illinois National Guard, or a member of the
    United States Reserve Forces; and "veterans' organization"
    means an organization comprised of members of which
    substantially all are individuals who are veterans or
    spouses, widows, or widowers of veterans, the primary
    purpose of which is to promote the welfare of its members
    and to provide assistance to the general public in such a
    way as to confer a public benefit.
    For the purposes of this Section:
    "School" is defined as a public or private elementary or
secondary school, community college, college, or university.
    "Day care center" means a public or private State certified
and licensed day care center as defined in Section 2.09 of the
Child Care Act of 1969 that displays a sign in plain view
stating that the property is a day care center.
    "Public transportation" means the transportation or
conveyance of persons by means available to the general public,
and includes paratransit services.
    (b) The following factors, related to all felonies, may be
considered by the court as reasons to impose an extended term
sentence under Section 5-8-2 upon any offender:
        (1) When a defendant is convicted of any felony, after
    having been previously convicted in Illinois or any other
    jurisdiction of the same or similar class felony or greater
    class felony, when such conviction has occurred within 10
    years after the previous conviction, excluding time spent
    in custody, and such charges are separately brought and
    tried and arise out of different series of acts; or
        (2) When a defendant is convicted of any felony and the
    court finds that the offense was accompanied by
    exceptionally brutal or heinous behavior indicative of
    wanton cruelty; or
        (3) When a defendant is convicted of any felony
    committed against:
            (i) a person under 12 years of age at the time of
        the offense or such person's property;
            (ii) a person 60 years of age or older at the time
        of the offense or such person's property; or
            (iii) a person physically handicapped at the time
        of the offense or such person's property; or
        (4) When a defendant is convicted of any felony and the
    offense involved any of the following types of specific
    misconduct committed as part of a ceremony, rite,
    initiation, observance, performance, practice or activity
    of any actual or ostensible religious, fraternal, or social
    group:
            (i) the brutalizing or torturing of humans or
        animals;
            (ii) the theft of human corpses;
            (iii) the kidnapping of humans;
            (iv) the desecration of any cemetery, religious,
        fraternal, business, governmental, educational, or
        other building or property; or
            (v) ritualized abuse of a child; or
        (5) When a defendant is convicted of a felony other
    than conspiracy and the court finds that the felony was
    committed under an agreement with 2 or more other persons
    to commit that offense and the defendant, with respect to
    the other individuals, occupied a position of organizer,
    supervisor, financier, or any other position of management
    or leadership, and the court further finds that the felony
    committed was related to or in furtherance of the criminal
    activities of an organized gang or was motivated by the
    defendant's leadership in an organized gang; or
        (6) When a defendant is convicted of an offense
    committed while using a firearm with a laser sight attached
    to it. For purposes of this paragraph, "laser sight" has
    the meaning ascribed to it in Section 24.6-5 of the
    Criminal Code of 1961; or
        (7) When a defendant who was at least 17 years of age
    at the time of the commission of the offense is convicted
    of a felony and has been previously adjudicated a
    delinquent minor under the Juvenile Court Act of 1987 for
    an act that if committed by an adult would be a Class X or
    Class 1 felony when the conviction has occurred within 10
    years after the previous adjudication, excluding time
    spent in custody; or
        (8) When a defendant commits any felony and the
    defendant used, possessed, exercised control over, or
    otherwise directed an animal to assault a law enforcement
    officer engaged in the execution of his or her official
    duties or in furtherance of the criminal activities of an
    organized gang in which the defendant is engaged.
    (c) The following factors may be considered by the court as
reasons to impose an extended term sentence under Section 5-8-2
(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
        (1) When a defendant is convicted of first degree
    murder, after having been previously convicted in Illinois
    of any offense listed under paragraph (c)(2) of Section
    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
    within 10 years after the previous conviction, excluding
    time spent in custody, and the charges are separately
    brought and tried and arise out of different series of
    acts.
        (1.5) When a defendant is convicted of first degree
    murder, after having been previously convicted of domestic
    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
    (720 ILCS 5/12-3.3) committed on the same victim or after
    having been previously convicted of violation of an order
    of protection (720 ILCS 5/12-30) in which the same victim
    was the protected person.
        (2) When a defendant is convicted of voluntary
    manslaughter, second degree murder, involuntary
    manslaughter, or reckless homicide in which the defendant
    has been convicted of causing the death of more than one
    individual.
        (3) When a defendant is convicted of aggravated
    criminal sexual assault or criminal sexual assault, when
    there is a finding that aggravated criminal sexual assault
    or criminal sexual assault was also committed on the same
    victim by one or more other individuals, and the defendant
    voluntarily participated in the crime with the knowledge of
    the participation of the others in the crime, and the
    commission of the crime was part of a single course of
    conduct during which there was no substantial change in the
    nature of the criminal objective.
        (4) If the victim was under 18 years of age at the time
    of the commission of the offense, when a defendant is
    convicted of aggravated criminal sexual assault or
    predatory criminal sexual assault of a child under
    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
    of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS
    5/11-1.40 or 5/12-14.1).
        (5) When a defendant is convicted of a felony violation
    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1) and there is a finding that the defendant is a
    member of an organized gang.
        (6) When a defendant was convicted of unlawful use of
    weapons under Section 24-1 of the Criminal Code of 1961
    (720 ILCS 5/24-1) for possessing a weapon that is not
    readily distinguishable as one of the weapons enumerated in
    Section 24-1 of the Criminal Code of 1961 (720 ILCS
    5/24-1).
        (7) When a defendant is convicted of an offense
    involving the illegal manufacture of a controlled
    substance under Section 401 of the Illinois Controlled
    Substances Act (720 ILCS 570/401), the illegal manufacture
    of methamphetamine under Section 25 of the Methamphetamine
    Control and Community Protection Act (720 ILCS 646/25), or
    the illegal possession of explosives and an emergency
    response officer in the performance of his or her duties is
    killed or injured at the scene of the offense while
    responding to the emergency caused by the commission of the
    offense. In this paragraph, "emergency" means a situation
    in which a person's life, health, or safety is in jeopardy;
    and "emergency response officer" means a peace officer,
    community policing volunteer, fireman, emergency medical
    technician-ambulance, emergency medical
    technician-intermediate, emergency medical
    technician-paramedic, ambulance driver, other medical
    assistance or first aid personnel, or hospital emergency
    room personnel.
    (d) For the purposes of this Section, "organized gang" has
the meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
    (e) The court may impose an extended term sentence under
Article 4.5 of Chapter V upon an offender who has been
convicted of a felony violation of Section 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the
victim of the offense is under 18 years of age at the time of
the commission of the offense and, during the commission of the
offense, the victim was under the influence of alcohol,
regardless of whether or not the alcohol was supplied by the
offender; and the offender, at the time of the commission of
the offense, knew or should have known that the victim had
consumed alcohol.
(Source: P.A. 95-85, eff. 1-1-08; 95-362, eff. 1-1-08; 95-569,
eff. 6-1-08; 95-876, eff. 8-21-08; 95-942, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-41, eff. 1-1-10; 96-292, eff. 1-1-10;
96-328, eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390,
eff. 1-1-11; revised 9-16-10.)
 
    (730 ILCS 5/5-5-6)  (from Ch. 38, par. 1005-5-6)
    Sec. 5-5-6. In all convictions for offenses in violation of
the Criminal Code of 1961 or of Section 11-501 of the Illinois
Vehicle Code in which the person received any injury to his or
her person or damage to his or her real or personal property as
a result of the criminal act of the defendant, the court shall
order restitution as provided in this Section. In all other
cases, except cases in which restitution is required under this
Section, the court must at the sentence hearing determine
whether restitution is an appropriate sentence to be imposed on
each defendant convicted of an offense. If the court determines
that an order directing the offender to make restitution is
appropriate, the offender may be sentenced to make restitution.
The court may consider restitution an appropriate sentence to
be imposed on each defendant convicted of an offense in
addition to a sentence of imprisonment. The sentence of the
defendant to a term of imprisonment is not a mitigating factor
that prevents the court from ordering the defendant to pay
restitution. If the offender is sentenced to make restitution
the Court shall determine the restitution as hereinafter set
forth:
        (a) At the sentence hearing, the court shall determine
    whether the property may be restored in kind to the
    possession of the owner or the person entitled to
    possession thereof; or whether the defendant is possessed
    of sufficient skill to repair and restore property damaged;
    or whether the defendant should be required to make
    restitution in cash, for out-of-pocket expenses, damages,
    losses, or injuries found to have been proximately caused
    by the conduct of the defendant or another for whom the
    defendant is legally accountable under the provisions of
    Article V of the Criminal Code of 1961.
        (b) In fixing the amount of restitution to be paid in
    cash, the court shall allow credit for property returned in
    kind, for property damages ordered to be repaired by the
    defendant, and for property ordered to be restored by the
    defendant; and after granting the credit, the court shall
    assess the actual out-of-pocket expenses, losses, damages,
    and injuries suffered by the victim named in the charge and
    any other victims who may also have suffered out-of-pocket
    expenses, losses, damages, and injuries proximately caused
    by the same criminal conduct of the defendant, and
    insurance carriers who have indemnified the named victim or
    other victims for the out-of-pocket expenses, losses,
    damages, or injuries, provided that in no event shall
    restitution be ordered to be paid on account of pain and
    suffering. If a defendant is placed on supervision for, or
    convicted of, domestic battery, the defendant shall be
    required to pay restitution to any domestic violence
    shelter in which the victim and any other family or
    household members lived because of the domestic battery.
    The amount of the restitution shall equal the actual
    expenses of the domestic violence shelter in providing
    housing and any other services for the victim and any other
    family or household members living at the shelter. If a
    defendant fails to pay restitution in the manner or within
    the time period specified by the court, the court may enter
    an order directing the sheriff to seize any real or
    personal property of a defendant to the extent necessary to
    satisfy the order of restitution and dispose of the
    property by public sale. All proceeds from such sale in
    excess of the amount of restitution plus court costs and
    the costs of the sheriff in conducting the sale shall be
    paid to the defendant. The defendant convicted of domestic
    battery, if a person under 18 years of age was present and
    witnessed the domestic battery of the victim, is liable to
    pay restitution for the cost of any counseling required for
    the child at the discretion of the court.
        (c) In cases where more than one defendant is
    accountable for the same criminal conduct that results in
    out-of-pocket expenses, losses, damages, or injuries, each
    defendant shall be ordered to pay restitution in the amount
    of the total actual out-of-pocket expenses, losses,
    damages, or injuries to the victim proximately caused by
    the conduct of all of the defendants who are legally
    accountable for the offense.
            (1) In no event shall the victim be entitled to
        recover restitution in excess of the actual
        out-of-pocket expenses, losses, damages, or injuries,
        proximately caused by the conduct of all of the
        defendants.
            (2) As between the defendants, the court may
        apportion the restitution that is payable in
        proportion to each co-defendant's culpability in the
        commission of the offense.
            (3) In the absence of a specific order apportioning
        the restitution, each defendant shall bear his pro rata
        share of the restitution.
            (4) As between the defendants, each defendant
        shall be entitled to a pro rata reduction in the total
        restitution required to be paid to the victim for
        amounts of restitution actually paid by co-defendants,
        and defendants who shall have paid more than their pro
        rata share shall be entitled to refunds to be computed
        by the court as additional amounts are paid by
        co-defendants.
        (d) In instances where a defendant has more than one
    criminal charge pending against him in a single case, or
    more than one case, and the defendant stands convicted of
    one or more charges, a plea agreement negotiated by the
    State's Attorney and the defendants may require the
    defendant to make restitution to victims of charges that
    have been dismissed or which it is contemplated will be
    dismissed under the terms of the plea agreement, and under
    the agreement, the court may impose a sentence of
    restitution on the charge or charges of which the defendant
    has been convicted that would require the defendant to make
    restitution to victims of other offenses as provided in the
    plea agreement.
        (e) The court may require the defendant to apply the
    balance of the cash bond, after payment of court costs, and
    any fine that may be imposed to the payment of restitution.
        (f) Taking into consideration the ability of the
    defendant to pay, including any real or personal property
    or any other assets of the defendant, the court shall
    determine whether restitution shall be paid in a single
    payment or in installments, and shall fix a period of time
    not in excess of 5 years or the period of time specified in
    subsection (f-1), not including periods of incarceration,
    within which payment of restitution is to be paid in full.
    Complete restitution shall be paid in as short a time
    period as possible. However, if the court deems it
    necessary and in the best interest of the victim, the court
    may extend beyond 5 years the period of time within which
    the payment of restitution is to be paid. If the defendant
    is ordered to pay restitution and the court orders that
    restitution is to be paid over a period greater than 6
    months, the court shall order that the defendant make
    monthly payments; the court may waive this requirement of
    monthly payments only if there is a specific finding of
    good cause for waiver.
        (f-1)(1) In addition to any other penalty prescribed by
    law and any restitution ordered under this Section that did
    not include long-term physical health care costs, the court
    may, upon conviction of any misdemeanor or felony, order a
    defendant to pay restitution to a victim in accordance with
    the provisions of this subsection (f-1) if the victim has
    suffered physical injury as a result of the offense that is
    reasonably probable to require or has required long-term
    physical health care for more than 3 months. As used in
    this subsection (f-1) "long-term physical health care"
    includes mental health care.
        (2) The victim's estimate of long-term physical health
    care costs may be made as part of a victim impact statement
    under Section 6 of the Rights of Crime Victims and
    Witnesses Act or made separately. The court shall enter the
    long-term physical health care restitution order at the
    time of sentencing. An order of restitution made under this
    subsection (f-1) shall fix a monthly amount to be paid by
    the defendant for as long as long-term physical health care
    of the victim is required as a result of the offense. The
    order may exceed the length of any sentence imposed upon
    the defendant for the criminal activity. The court shall
    include as a special finding in the judgment of conviction
    its determination of the monthly cost of long-term physical
    health care.
        (3) After a sentencing order has been entered, the
    court may from time to time, on the petition of either the
    defendant or the victim, or upon its own motion, enter an
    order for restitution for long-term physical care or modify
    the existing order for restitution for long-term physical
    care as to the amount of monthly payments. Any modification
    of the order shall be based only upon a substantial change
    of circumstances relating to the cost of long-term physical
    health care or the financial condition of either the
    defendant or the victim. The petition shall be filed as
    part of the original criminal docket.
        (g) In addition to the sentences provided for in
    Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
    11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14,
    12-14.1, 12-15, and 12-16, and subdivision (a)(4) of
    Section 11-14.4, of the Criminal Code of 1961, the court
    may order any person who is convicted of violating any of
    those Sections or who was charged with any of those
    offenses and which charge was reduced to another charge as
    a result of a plea agreement under subsection (d) of this
    Section to meet all or any portion of the financial
    obligations of treatment, including but not limited to
    medical, psychiatric, or rehabilitative treatment or
    psychological counseling, prescribed for the victim or
    victims of the offense.
        The payments shall be made by the defendant to the
    clerk of the circuit court and transmitted by the clerk to
    the appropriate person or agency as directed by the court.
    Except as otherwise provided in subsection (f-1), the order
    may require such payments to be made for a period not to
    exceed 5 years after sentencing, not including periods of
    incarceration.
        (h) The judge may enter an order of withholding to
    collect the amount of restitution owed in accordance with
    Part 8 of Article XII of the Code of Civil Procedure.
        (i) A sentence of restitution may be modified or
    revoked by the court if the offender commits another
    offense, or the offender fails to make restitution as
    ordered by the court, but no sentence to make restitution
    shall be revoked unless the court shall find that the
    offender has had the financial ability to make restitution,
    and he has wilfully refused to do so. When the offender's
    ability to pay restitution was established at the time an
    order of restitution was entered or modified, or when the
    offender's ability to pay was based on the offender's
    willingness to make restitution as part of a plea agreement
    made at the time the order of restitution was entered or
    modified, there is a rebuttable presumption that the facts
    and circumstances considered by the court at the hearing at
    which the order of restitution was entered or modified
    regarding the offender's ability or willingness to pay
    restitution have not materially changed. If the court shall
    find that the defendant has failed to make restitution and
    that the failure is not wilful, the court may impose an
    additional period of time within which to make restitution.
    The length of the additional period shall not be more than
    2 years. The court shall retain all of the incidents of the
    original sentence, including the authority to modify or
    enlarge the conditions, and to revoke or further modify the
    sentence if the conditions of payment are violated during
    the additional period.
        (j) The procedure upon the filing of a Petition to
    Revoke a sentence to make restitution shall be the same as
    the procedures set forth in Section 5-6-4 of this Code
    governing violation, modification, or revocation of
    Probation, of Conditional Discharge, or of Supervision.
        (k) Nothing contained in this Section shall preclude
    the right of any party to proceed in a civil action to
    recover for any damages incurred due to the criminal
    misconduct of the defendant.
        (l) Restitution ordered under this Section shall not be
    subject to disbursement by the circuit clerk under Section
    27.5 of the Clerks of Courts Act.
        (m) A restitution order under this Section is a
    judgment lien in favor of the victim that:
            (1) Attaches to the property of the person subject
        to the order;
            (2) May be perfected in the same manner as provided
        in Part 3 of Article 9 of the Uniform Commercial Code;
            (3) May be enforced to satisfy any payment that is
        delinquent under the restitution order by the person in
        whose favor the order is issued or the person's
        assignee; and
            (4) Expires in the same manner as a judgment lien
        created in a civil proceeding.
        When a restitution order is issued under this Section,
    the issuing court shall send a certified copy of the order
    to the clerk of the circuit court in the county where the
    charge was filed. Upon receiving the order, the clerk shall
    enter and index the order in the circuit court judgment
    docket.
        (n) An order of restitution under this Section does not
    bar a civil action for:
            (1) Damages that the court did not require the
        person to pay to the victim under the restitution order
        but arise from an injury or property damages that is
        the basis of restitution ordered by the court; and
            (2) Other damages suffered by the victim.
    The restitution order is not discharged by the completion
of the sentence imposed for the offense.
    A restitution order under this Section is not discharged by
the liquidation of a person's estate by a receiver. A
restitution order under this Section may be enforced in the
same manner as judgment liens are enforced under Article XII of
the Code of Civil Procedure.
    The provisions of Section 2-1303 of the Code of Civil
Procedure, providing for interest on judgments, apply to
judgments for restitution entered under this Section.
(Source: P.A. 95-331, eff. 8-21-07; 96-290, eff. 8-11-09.)
 
    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
    Sec. 5-6-1. Sentences of Probation and of Conditional
Discharge and Disposition of Supervision. The General Assembly
finds that in order to protect the public, the criminal justice
system must compel compliance with the conditions of probation
by responding to violations with swift, certain and fair
punishments and intermediate sanctions. The Chief Judge of each
circuit shall adopt a system of structured, intermediate
sanctions for violations of the terms and conditions of a
sentence of probation, conditional discharge or disposition of
supervision.
    (a) Except where specifically prohibited by other
provisions of this Code, the court shall impose a sentence of
probation or conditional discharge upon an offender unless,
having regard to the nature and circumstance of the offense,
and to the history, character and condition of the offender,
the court is of the opinion that:
        (1) his imprisonment or periodic imprisonment is
    necessary for the protection of the public; or
        (2) probation or conditional discharge would deprecate
    the seriousness of the offender's conduct and would be
    inconsistent with the ends of justice; or
        (3) a combination of imprisonment with concurrent or
    consecutive probation when an offender has been admitted
    into a drug court program under Section 20 of the Drug
    Court Treatment Act is necessary for the protection of the
    public and for the rehabilitation of the offender.
    The court shall impose as a condition of a sentence of
probation, conditional discharge, or supervision, that the
probation agency may invoke any sanction from the list of
intermediate sanctions adopted by the chief judge of the
circuit court for violations of the terms and conditions of the
sentence of probation, conditional discharge, or supervision,
subject to the provisions of Section 5-6-4 of this Act.
    (b) The court may impose a sentence of conditional
discharge for an offense if the court is of the opinion that
neither a sentence of imprisonment nor of periodic imprisonment
nor of probation supervision is appropriate.
    (b-1) Subsections (a) and (b) of this Section do not apply
to a defendant charged with a misdemeanor or felony under the
Illinois Vehicle Code or reckless homicide under Section 9-3 of
the Criminal Code of 1961 if the defendant within the past 12
months has been convicted of or pleaded guilty to a misdemeanor
or felony under the Illinois Vehicle Code or reckless homicide
under Section 9-3 of the Criminal Code of 1961.
    (c) The court may, upon a plea of guilty or a stipulation
by the defendant of the facts supporting the charge or a
finding of guilt, defer further proceedings and the imposition
of a sentence, and enter an order for supervision of the
defendant, if the defendant is not charged with: (i) a Class A
misdemeanor, as defined by the following provisions of the
Criminal Code of 1961: Sections 11-9.1; 12-3.2; 11-1.50 or
12-15; 26-5; 31-1; 31-6; 31-7; subsections (b) and (c) of
Section 21-1; paragraph (1) through (5), (8), (10), and (11) of
subsection (a) of Section 24-1; (ii) a Class A misdemeanor
violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care
for Animals Act; or (iii) a felony. If the defendant is not
barred from receiving an order for supervision as provided in
this subsection, the court may enter an order for supervision
after considering the circumstances of the offense, and the
history, character and condition of the offender, if the court
is of the opinion that:
        (1) the offender is not likely to commit further
    crimes;
        (2) the defendant and the public would be best served
    if the defendant were not to receive a criminal record; and
        (3) in the best interests of justice an order of
    supervision is more appropriate than a sentence otherwise
    permitted under this Code.
    (c-5) Subsections (a), (b), and (c) of this Section do not
apply to a defendant charged with a second or subsequent
violation of Section 6-303 of the Illinois Vehicle Code
committed while his or her driver's license, permit or
privileges were revoked because of a violation of Section 9-3
of the Criminal Code of 1961, relating to the offense of
reckless homicide, or a similar provision of a law of another
state.
    (d) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the defendant has previously been:
        (1) convicted for a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance or any similar law or ordinance of another state;
    or
        (2) assigned supervision for a violation of Section
    11-501 of the Illinois Vehicle Code or a similar provision
    of a local ordinance or any similar law or ordinance of
    another state; or
        (3) pleaded guilty to or stipulated to the facts
    supporting a charge or a finding of guilty to a violation
    of Section 11-503 of the Illinois Vehicle Code or a similar
    provision of a local ordinance or any similar law or
    ordinance of another state, and the plea or stipulation was
    the result of a plea agreement.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (e) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 16A-3 of the Criminal
Code of 1961 if said defendant has within the last 5 years
been:
        (1) convicted for a violation of Section 16A-3 of the
    Criminal Code of 1961; or
        (2) assigned supervision for a violation of Section
    16A-3 of the Criminal Code of 1961.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (f) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Sections 15-111, 15-112,
15-301, paragraph (b) of Section 6-104, Section 11-605, Section
11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
    (g) Except as otherwise provided in paragraph (i) of this
Section, the provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle Code or a similar provision
of a local ordinance if the defendant has within the last 5
years been:
        (1) convicted for a violation of Section 3-707, 3-708,
    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
    provision of a local ordinance; or
        (2) assigned supervision for a violation of Section
    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
    Code or a similar provision of a local ordinance.
    The court shall consider the statement of the prosecuting
authority with regard to the standards set forth in this
Section.
    (h) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with violating a
serious traffic offense as defined in Section 1-187.001 of the
Illinois Vehicle Code:
        (1) unless the defendant, upon payment of the fines,
    penalties, and costs provided by law, agrees to attend and
    successfully complete a traffic safety program approved by
    the court under standards set by the Conference of Chief
    Circuit Judges. The accused shall be responsible for
    payment of any traffic safety program fees. If the accused
    fails to file a certificate of successful completion on or
    before the termination date of the supervision order, the
    supervision shall be summarily revoked and conviction
    entered. The provisions of Supreme Court Rule 402 relating
    to pleas of guilty do not apply in cases when a defendant
    enters a guilty plea under this provision; or
        (2) if the defendant has previously been sentenced
    under the provisions of paragraph (c) on or after January
    1, 1998 for any serious traffic offense as defined in
    Section 1-187.001 of the Illinois Vehicle Code.
    (h-1) The provisions of paragraph (c) shall not apply to a
defendant under the age of 21 years charged with an offense
against traffic regulations governing the movement of vehicles
or any violation of Section 6-107 or Section 12-603.1 of the
Illinois Vehicle Code, unless the defendant, upon payment of
the fines, penalties, and costs provided by law, agrees to
attend and successfully complete a traffic safety program
approved by the court under standards set by the Conference of
Chief Circuit Judges. The accused shall be responsible for
payment of any traffic safety program fees. If the accused
fails to file a certificate of successful completion on or
before the termination date of the supervision order, the
supervision shall be summarily revoked and conviction entered.
The provisions of Supreme Court Rule 402 relating to pleas of
guilty do not apply in cases when a defendant enters a guilty
plea under this provision.
    (i) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 3-707 of the Illinois
Vehicle Code or a similar provision of a local ordinance if the
defendant has been assigned supervision for a violation of
Section 3-707 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
    (j) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the revocation or suspension was for a violation of Section
11-501 or a similar provision of a local ordinance or a
violation of Section 11-501.1 or paragraph (b) of Section
11-401 of the Illinois Vehicle Code if the defendant has within
the last 10 years been:
        (1) convicted for a violation of Section 6-303 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (2) assigned supervision for a violation of Section
    6-303 of the Illinois Vehicle Code or a similar provision
    of a local ordinance.
    (k) The provisions of paragraph (c) shall not apply to a
defendant charged with violating any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance that
governs the movement of vehicles if, within the 12 months
preceding the date of the defendant's arrest, the defendant has
been assigned court supervision on 2 occasions for a violation
that governs the movement of vehicles under the Illinois
Vehicle Code or a similar provision of a local ordinance. The
provisions of this paragraph (k) do not apply to a defendant
charged with violating Section 11-501 of the Illinois Vehicle
Code or a similar provision of a local ordinance.
    (l) A defendant charged with violating any provision of the
Illinois Vehicle Code or a similar provision of a local
ordinance who receives a disposition of supervision under
subsection (c) shall pay an additional fee of $29, to be
collected as provided in Sections 27.5 and 27.6 of the Clerks
of Courts Act. In addition to the $29 fee, the person shall
also pay a fee of $6, which, if not waived by the court, shall
be collected as provided in Sections 27.5 and 27.6 of the
Clerks of Courts Act. The $29 fee shall be disbursed as
provided in Section 16-104c of the Illinois Vehicle Code. If
the $6 fee is collected, $5.50 of the fee shall be deposited
into the Circuit Court Clerk Operation and Administrative Fund
created by the Clerk of the Circuit Court and 50 cents of the
fee shall be deposited into the Prisoner Review Board Vehicle
and Equipment Fund in the State treasury.
    (m) Any person convicted of, pleading guilty to, or placed
on supervision for a serious traffic violation, as defined in
Section 1-187.001 of the Illinois Vehicle Code, a violation of
Section 11-501 of the Illinois Vehicle Code, or a violation of
a similar provision of a local ordinance shall pay an
additional fee of $35, to be disbursed as provided in Section
16-104d of that Code.
    This subsection (m) becomes inoperative 7 years after
October 13, 2007 (the effective date of Public Act 95-154).
    (n) The provisions of paragraph (c) shall not apply to any
person under the age of 18 who commits an offense against
traffic regulations governing the movement of vehicles or any
violation of Section 6-107 or Section 12-603.1 of the Illinois
Vehicle Code, except upon personal appearance of the defendant
in court and upon the written consent of the defendant's parent
or legal guardian, executed before the presiding judge. The
presiding judge shall have the authority to waive this
requirement upon the showing of good cause by the defendant.
    (o) The provisions of paragraph (c) shall not apply to a
defendant charged with violating Section 6-303 of the Illinois
Vehicle Code or a similar provision of a local ordinance when
the suspension was for a violation of Section 11-501.1 of the
Illinois Vehicle Code and when:
        (1) at the time of the violation of Section 11-501.1 of
    the Illinois Vehicle Code, the defendant was a first
    offender pursuant to Section 11-500 of the Illinois Vehicle
    Code and the defendant failed to obtain a monitoring device
    driving permit; or
        (2) at the time of the violation of Section 11-501.1 of
    the Illinois Vehicle Code, the defendant was a first
    offender pursuant to Section 11-500 of the Illinois Vehicle
    Code, had subsequently obtained a monitoring device
    driving permit, but was driving a vehicle not equipped with
    a breath alcohol ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code.
    (p) The provisions of paragraph (c) shall not apply to a
defendant charged with violating subsection (b) of Section
11-601.5 of the Illinois Vehicle Code or a similar provision of
a local ordinance.
(Source: P.A. 95-154, eff. 10-13-07; 95-302, eff. 1-1-08;
95-310, eff. 1-1-08; 95-377, eff. 1-1-08; 95-400, eff. 1-1-09;
95-428, eff. 8-24-07; 95-876, eff. 8-21-08; 96-253, eff.
8-11-09; 96-286, eff. 8-11-09; 96-328, eff. 8-11-09; 96-625,
eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1002, eff. 1-1-11;
96-1175, eff. 9-20-10; revised 9-16-10.)
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
    Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
    (a) The conditions of probation and of conditional
discharge shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report to or appear in person before such person or
    agency as directed by the court;
        (3) refrain from possessing a firearm or other
    dangerous weapon where the offense is a felony or, if a
    misdemeanor, the offense involved the intentional or
    knowing infliction of bodily harm or threat of bodily harm;
        (4) not leave the State without the consent of the
    court or, in circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by the court is not possible, without the prior
    notification and approval of the person's probation
    officer. Transfer of a person's probation or conditional
    discharge supervision to another state is subject to
    acceptance by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
        (5) permit the probation officer to visit him at his
    home or elsewhere to the extent necessary to discharge his
    duties;
        (6) perform no less than 30 hours of community service
    and not more than 120 hours of community service, if
    community service is available in the jurisdiction and is
    funded and approved by the county board where the offense
    was committed, where the offense was related to or in
    furtherance of the criminal activities of an organized gang
    and was motivated by the offender's membership in or
    allegiance to an organized gang. The community service
    shall include, but not be limited to, the cleanup and
    repair of any damage caused by a violation of Section
    21-1.3 of the Criminal Code of 1961 and similar damage to
    property located within the municipality or county in which
    the violation occurred. When possible and reasonable, the
    community service should be performed in the offender's
    neighborhood. For purposes of this Section, "organized
    gang" has the meaning ascribed to it in Section 10 of the
    Illinois Streetgang Terrorism Omnibus Prevention Act;
        (7) if he or she is at least 17 years of age and has
    been sentenced to probation or conditional discharge for a
    misdemeanor or felony in a county of 3,000,000 or more
    inhabitants and has not been previously convicted of a
    misdemeanor or felony, may be required by the sentencing
    court to attend educational courses designed to prepare the
    defendant for a high school diploma and to work toward a
    high school diploma or to work toward passing the high
    school level Test of General Educational Development (GED)
    or to work toward completing a vocational training program
    approved by the court. The person on probation or
    conditional discharge must attend a public institution of
    education to obtain the educational or vocational training
    required by this clause (7). The court shall revoke the
    probation or conditional discharge of a person who wilfully
    fails to comply with this clause (7). The person on
    probation or conditional discharge shall be required to pay
    for the cost of the educational courses or GED test, if a
    fee is charged for those courses or test. The court shall
    resentence the offender whose probation or conditional
    discharge has been revoked as provided in Section 5-6-4.
    This clause (7) does not apply to a person who has a high
    school diploma or has successfully passed the GED test.
    This clause (7) does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise mentally incapable of completing the educational
    or vocational program;
        (8) if convicted of possession of a substance
    prohibited by the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction or
    disposition of supervision for possession of a substance
    prohibited by the Cannabis Control Act or Illinois
    Controlled Substances Act or after a sentence of probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) that
    would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
    1961, refrain from communicating with or contacting, by
    means of the Internet, a person who is not related to the
    accused and whom the accused reasonably believes to be
    under 18 years of age; for purposes of this paragraph
    (8.7), "Internet" has the meaning ascribed to it in Section
    16J-5 of the Criminal Code of 1961; and a person is not
    related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-14.4 that involves soliciting for a juvenile
    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
    of the Criminal Code of 1961, or any attempt to commit any
    of these offenses, committed on or after June 1, 2009 (the
    effective date of Public Act 95-983):
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (8.9) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after January
    1, 2010 (the effective date of Public Act 96-262), refrain
    from accessing or using a social networking website as
    defined in Section 16D-2 of the Criminal Code of 1961;
        (9) if convicted of a felony, physically surrender at a
    time and place designated by the court, his or her Firearm
    Owner's Identification Card and any and all firearms in his
    or her possession;
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (11) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after January 1, 2010 (the effective date of Public Act
    96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any computer
    scrub software on any computer that the sex offender uses.
    (b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
        (1) serve a term of periodic imprisonment under Article
    7 for a period not to exceed that specified in paragraph
    (d) of Section 5-7-1;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home;
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is convicted of a crime of
        violence as defined in Section 2 of the Crime Victims
        Compensation Act committed in a school, on the real
        property comprising a school, or within 1,000 feet of
        the real property comprising a school;
        (8) make restitution as provided in Section 5-5-6 of
    this Code;
        (9) perform some reasonable public or community
    service;
        (10) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be that
    the offender:
            (i) remain within the interior premises of the
        place designated for his confinement during the hours
        designated by the court;
            (ii) admit any person or agent designated by the
        court into the offender's place of confinement at any
        time for purposes of verifying the offender's
        compliance with the conditions of his confinement; and
            (iii) if further deemed necessary by the court or
        the Probation or Court Services Department, be placed
        on an approved electronic monitoring device, subject
        to Article 8A of Chapter V;
            (iv) for persons convicted of any alcohol,
        cannabis or controlled substance violation who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the offender to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer for deposit in the substance abuse services
        fund under Section 5-1086.1 of the Counties Code; and
            (v) for persons convicted of offenses other than
        those referenced in clause (iv) above and who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the defendant to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer who shall use the monies collected to defray
        the costs of corrections. The county treasurer shall
        deposit the fee collected in the county working cash
        fund under Section 6-27001 or Section 6-29002 of the
        Counties Code, as the case may be.
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986, as now or hereafter amended,
    or an order of protection issued by the court of another
    state, tribe, or United States territory. A copy of the
    order of protection shall be transmitted to the probation
    officer or agency having responsibility for the case;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) that
    would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
    1961, refrain from communicating with or contacting, by
    means of the Internet, a person who is related to the
    accused and whom the accused reasonably believes to be
    under 18 years of age; for purposes of this paragraph (17),
    "Internet" has the meaning ascribed to it in Section 16J-5
    of the Criminal Code of 1961; and a person is related to
    the accused if the person is: (i) the spouse, brother, or
    sister of the accused; (ii) a descendant of the accused;
    (iii) a first or second cousin of the accused; or (iv) a
    step-child or adopted child of the accused;
        (18) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) that
    would qualify as a sex offense as defined in the Sex
    Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer; and
        (19) refrain from possessing a firearm or other
    dangerous weapon where the offense is a misdemeanor that
    did not involve the intentional or knowing infliction of
    bodily harm or threat of bodily harm.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court.
    (i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
8-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
 
    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
    (a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 where a
disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damages to property located within the municipality or
county in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
    For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of supervision;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) refrain from possessing a firearm or other
    dangerous weapon;
        (8) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home; or
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is placed on supervision for a
        crime of violence as defined in Section 2 of the Crime
        Victims Compensation Act committed in a school, on the
        real property comprising a school, or within 1,000 feet
        of the real property comprising a school;
        (9) make restitution or reparation in an amount not to
    exceed actual loss or damage to property and pecuniary loss
    or make restitution under Section 5-5-6 to a domestic
    violence shelter. The court shall determine the amount and
    conditions of payment;
        (10) perform some reasonable public or community
    service;
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986 or an order of protection
    issued by the court of another state, tribe, or United
    States territory. If the court has ordered the defendant to
    make a report and appear in person under paragraph (1) of
    this subsection, a copy of the order of protection shall be
    transmitted to the person or agency so designated by the
    court;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of person, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) refrain from operating any motor vehicle not
    equipped with an ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code; under this
    condition the court may allow a defendant who is not
    self-employed to operate a vehicle owned by the defendant's
    employer that is not equipped with an ignition interlock
    device in the course and scope of the defendant's
    employment; and
        (18) if placed on supervision for a sex offense as
    defined in subsection (a-5) of Section 3-1-2 of this Code,
    unless the offender is a parent or guardian of the person
    under 18 years of age present in the home and no
    non-familial minors are present, not participate in a
    holiday event involving children under 18 years of age,
    such as distributing candy or other items to children on
    Halloween, wearing a Santa Claus costume on or preceding
    Christmas, being employed as a department store Santa
    Claus, or wearing an Easter Bunny costume on or preceding
    Easter.
    (d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
    (e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
    (f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may
be provided by law. However, any defendant placed on
supervision before January 1, 1980, may move for sealing or
expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section. A person
placed on supervision for a sexual offense committed against a
minor as defined in clause (a)(1)(L) of Section 5.2 of the
Criminal Identification Act or for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a
local ordinance shall not have his or her record of arrest
sealed or expunged.
    (g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
    (h) A disposition of supervision is a final order for the
purposes of appeal.
    (i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
    A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke the
supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (k) does not apply to a defendant who is determined
by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
    (l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
    (m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
    (n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
    (p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably believes
to be under 18 years of age. For purposes of this subsection
(p), "Internet" has the meaning ascribed to it in Section 16J-5
of the Criminal Code of 1961; and a person is not related to
the accused if the person is not: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused; (iii)
a first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused.
    (q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall, if so ordered by the court,
refrain from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom the
accused reasonably believes to be under 18 years of age. For
purposes of this subsection (q), "Internet" has the meaning
ascribed to it in Section 16J-5 of the Criminal Code of 1961;
and a person is related to the accused if the person is: (i)
the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
    (r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
juvenile prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961, or any attempt to commit
any of these offenses, committed on or after the effective date
of this amendatory Act of the 95th General Assembly shall:
        (i) not access or use a computer or any other device
    with Internet capability without the prior written
    approval of the court, except in connection with the
    offender's employment or search for employment with the
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of
    the offender's computer or any other device with Internet
    capability by the offender's probation officer, a law
    enforcement officer, or assigned computer or information
    technology specialist, including the retrieval and copying
    of all data from the computer or device and any internal or
    external peripherals and removal of such information,
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's
    computer or device with Internet capability, at the
    offender's expense, of one or more hardware or software
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions
    concerning the offender's use of or access to a computer or
    any other device with Internet capability imposed by the
    court.
    (s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
    (t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 16D-2 of the Criminal Code of
1961.
(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
96-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff.
1-1-11.)
 
    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
    Sec. 5-8-1. Natural life imprisonment; enhancements for
use of a firearm; mandatory supervised release terms.
    (a) Except as otherwise provided in the statute defining
the offense or in Article 4.5 of Chapter V, a sentence of
imprisonment for a felony shall be a determinate sentence set
by the court under this Section, according to the following
limitations:
        (1) for first degree murder,
            (a) (blank),
            (b) if a trier of fact finds beyond a reasonable
        doubt that the murder was accompanied by exceptionally
        brutal or heinous behavior indicative of wanton
        cruelty or, except as set forth in subsection (a)(1)(c)
        of this Section, that any of the aggravating factors
        listed in subsection (b) or (b-5) of Section 9-1 of the
        Criminal Code of 1961 are present, the court may
        sentence the defendant to a term of natural life
        imprisonment, or
            (c) the court shall sentence the defendant to a
        term of natural life imprisonment when the death
        penalty is not imposed if the defendant,
                (i) has previously been convicted of first
            degree murder under any state or federal law, or
                (ii) is a person who, at the time of the
            commission of the murder, had attained the age of
            17 or more and is found guilty of murdering an
            individual under 12 years of age; or, irrespective
            of the defendant's age at the time of the
            commission of the offense, is found guilty of
            murdering more than one victim, or
                (iii) is found guilty of murdering a peace
            officer, fireman, or emergency management worker
            when the peace officer, fireman, or emergency
            management worker was killed in the course of
            performing his official duties, or to prevent the
            peace officer or fireman from performing his
            official duties, or in retaliation for the peace
            officer, fireman, or emergency management worker
            from performing his official duties, and the
            defendant knew or should have known that the
            murdered individual was a peace officer, fireman,
            or emergency management worker, or
                (iv) is found guilty of murdering an employee
            of an institution or facility of the Department of
            Corrections, or any similar local correctional
            agency, when the employee was killed in the course
            of performing his official duties, or to prevent
            the employee from performing his official duties,
            or in retaliation for the employee performing his
            official duties, or
                (v) is found guilty of murdering an emergency
            medical technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver or other
            medical assistance or first aid person while
            employed by a municipality or other governmental
            unit when the person was killed in the course of
            performing official duties or to prevent the
            person from performing official duties or in
            retaliation for performing official duties and the
            defendant knew or should have known that the
            murdered individual was an emergency medical
            technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver, or other
            medical assistant or first aid personnel, or
                (vi) is a person who, at the time of the
            commission of the murder, had not attained the age
            of 17, and is found guilty of murdering a person
            under 12 years of age and the murder is committed
            during the course of aggravated criminal sexual
            assault, criminal sexual assault, or aggravated
            kidnaping, or
                (vii) is found guilty of first degree murder
            and the murder was committed by reason of any
            person's activity as a community policing
            volunteer or to prevent any person from engaging in
            activity as a community policing volunteer. For
            the purpose of this Section, "community policing
            volunteer" has the meaning ascribed to it in
            Section 2-3.5 of the Criminal Code of 1961.
            For purposes of clause (v), "emergency medical
        technician - ambulance", "emergency medical technician -
         intermediate", "emergency medical technician -
        paramedic", have the meanings ascribed to them in the
        Emergency Medical Services (EMS) Systems Act.
            (d) (i) if the person committed the offense while
            armed with a firearm, 15 years shall be added to
            the term of imprisonment imposed by the court;
                (ii) if, during the commission of the offense,
            the person personally discharged a firearm, 20
            years shall be added to the term of imprisonment
            imposed by the court;
                (iii) if, during the commission of the
            offense, the person personally discharged a
            firearm that proximately caused great bodily harm,
            permanent disability, permanent disfigurement, or
            death to another person, 25 years or up to a term
            of natural life shall be added to the term of
            imprisonment imposed by the court.
        (2) (blank);
        (2.5) for a person convicted under the circumstances
    described in subdivision (b)(1)(B) of Section 11-1.20 or
    paragraph (3) of subsection (b) of Section 12-13,
    subdivision (d)(2) of Section 11-1.30 or paragraph (2) of
    subsection (d) of Section 12-14, subdivision (b)(1.2) of
    Section 11-1.40 or paragraph (1.2) of subsection (b) of
    Section 12-14.1, subdivision (b)(2) of Section 11-1.40 or
    paragraph (2) of subsection (b) of Section 12-14.1 of the
    Criminal Code of 1961, the sentence shall be a term of
    natural life imprisonment.
    (b) (Blank).
    (c) (Blank).
    (d) Subject to earlier termination under Section 3-3-8, the
parole or mandatory supervised release term shall be as
follows:
        (1) for first degree murder or a Class X felony except
    for the offenses of predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, and criminal
    sexual assault if committed on or after the effective date
    of this amendatory Act of the 94th General Assembly and
    except for the offense of aggravated child pornography
    under Section 11-20.1B or 11-20.3 of the Criminal Code of
    1961, if committed on or after January 1, 2009, 3 years;
        (2) for a Class 1 felony or a Class 2 felony except for
    the offense of criminal sexual assault if committed on or
    after the effective date of this amendatory Act of the 94th
    General Assembly and except for the offenses of manufacture
    and dissemination of child pornography under clauses
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
    of 1961, if committed on or after January 1, 2009, 2 years;
        (3) for a Class 3 felony or a Class 4 felony, 1 year;
        (4) for defendants who commit the offense of predatory
    criminal sexual assault of a child, aggravated criminal
    sexual assault, or criminal sexual assault, on or after the
    effective date of this amendatory Act of the 94th General
    Assembly, or who commit the offense of aggravated child
    pornography, manufacture of child pornography, or
    dissemination of child pornography after January 1, 2009,
    the term of mandatory supervised release shall range from a
    minimum of 3 years to a maximum of the natural life of the
    defendant;
        (5) if the victim is under 18 years of age, for a
    second or subsequent offense of aggravated criminal sexual
    abuse or felony criminal sexual abuse, 4 years, at least
    the first 2 years of which the defendant shall serve in an
    electronic home detention program under Article 8A of
    Chapter V of this Code;
        (6) for a felony domestic battery, aggravated domestic
    battery, stalking, aggravated stalking, and a felony
    violation of an order of protection, 4 years.
    (e) (Blank).
    (f) (Blank).
(Source: P.A. 95-983, eff. 6-1-09; 95-1052, eff. 7-1-09;
96-282, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1200, eff.
7-22-10; 96-1475, eff. 1-1-11; revised 9-16-10.)
 
    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
    Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
    (a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
    (b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
    (c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
        (1) If, having regard to the nature and circumstances
    of the offense and the history and character of the
    defendant, it is the opinion of the court that consecutive
    sentences are required to protect the public from further
    criminal conduct by the defendant, the basis for which the
    court shall set forth in the record.
        (2) If one of the offenses for which a defendant was
    convicted was a violation of Section 32-5.2 (aggravated
    false personation of a peace officer) of the Criminal Code
    of 1961 (720 ILCS 5/32-5.2) and the offense was committed
    in attempting or committing a forcible felony.
    (d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
        (1) One of the offenses for which the defendant was
    convicted was first degree murder or a Class X or Class 1
    felony and the defendant inflicted severe bodily injury.
        (2) The defendant was convicted of a violation of
    Section 11-1.20 or 12-13 (criminal sexual assault),
    11-1.30 or 12-14 (aggravated criminal sexual assault), or
    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
    child) of the Criminal Code of 1961 (720 ILCS 5/11-1.20,
    5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or 5/12-14.1).
        (3) The defendant was convicted of armed violence based
    upon the predicate offense of any of the following:
    solicitation of murder, solicitation of murder for hire,
    heinous battery, aggravated battery of a senior citizen,
    criminal sexual assault, a violation of subsection (g) of
    Section 5 of the Cannabis Control Act (720 ILCS 550/5),
    cannabis trafficking, a violation of subsection (a) of
    Section 401 of the Illinois Controlled Substances Act (720
    ILCS 570/401), controlled substance trafficking involving
    a Class X felony amount of controlled substance under
    Section 401 of the Illinois Controlled Substances Act (720
    ILCS 570/401), a violation of the Methamphetamine Control
    and Community Protection Act (720 ILCS 646/), calculated
    criminal drug conspiracy, or streetgang criminal drug
    conspiracy.
        (4) The defendant was convicted of the offense of
    leaving the scene of a motor vehicle accident involving
    death or personal injuries under Section 11-401 of the
    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof under Section 11-501 of the
    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
    homicide under Section 9-3 of the Criminal Code of 1961
    (720 ILCS 5/9-3), or (C) both an offense described in item
    (A) and an offense described in item (B).
        (5) The defendant was convicted of a violation of
    Section 9-3.1 (concealment of homicidal death) or Section
    12-20.5 (dismembering a human body) of the Criminal Code of
    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
        (5.5) The defendant was convicted of a violation of
    Section 24-3.7 (use of a stolen firearm in the commission
    of an offense) of the Criminal Code of 1961.
        (6) If the defendant was in the custody of the
    Department of Corrections at the time of the commission of
    the offense, the sentence shall be served consecutive to
    the sentence under which the defendant is held by the
    Department of Corrections. If, however, the defendant is
    sentenced to punishment by death, the sentence shall be
    executed at such time as the court may fix without regard
    to the sentence under which the defendant may be held by
    the Department.
        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
    for escape or attempted escape shall be served consecutive
    to the terms under which the offender is held by the
    Department of Corrections.
        (8) If a person charged with a felony commits a
    separate felony while on pretrial release or in pretrial
    detention in a county jail facility or county detention
    facility, then the sentences imposed upon conviction of
    these felonies shall be served consecutively regardless of
    the order in which the judgments of conviction are entered.
        (8.5) If a person commits a battery against a county
    correctional officer or sheriff's employee while serving a
    sentence or in pretrial detention in a county jail
    facility, then the sentence imposed upon conviction of the
    battery shall be served consecutively with the sentence
    imposed upon conviction of the earlier misdemeanor or
    felony, regardless of the order in which the judgments of
    conviction are entered.
        (9) If a person admitted to bail following conviction
    of a felony commits a separate felony while free on bond or
    if a person detained in a county jail facility or county
    detention facility following conviction of a felony
    commits a separate felony while in detention, then any
    sentence following conviction of the separate felony shall
    be consecutive to that of the original sentence for which
    the defendant was on bond or detained.
        (10) If a person is found to be in possession of an
    item of contraband, as defined in clause (c)(2) of Section
    31A-1.1 of the Criminal Code of 1961, while serving a
    sentence in a county jail or while in pre-trial detention
    in a county jail, the sentence imposed upon conviction for
    the offense of possessing contraband in a penal institution
    shall be served consecutively to the sentence imposed for
    the offense in which the person is serving sentence in the
    county jail or serving pretrial detention, regardless of
    the order in which the judgments of conviction are entered.
        (11) If a person is sentenced for a violation of bail
    bond under Section 32-10 of the Criminal Code of 1961, any
    sentence imposed for that violation shall be served
    consecutive to the sentence imposed for the charge for
    which bail had been granted and with respect to which the
    defendant has been convicted.
    (e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
    (f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
        (1) For sentences imposed under law in effect prior to
    February 1, 1978, the aggregate maximum of consecutive
    sentences shall not exceed the maximum term authorized
    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
    Chapter V for the 2 most serious felonies involved. The
    aggregate minimum period of consecutive sentences shall
    not exceed the highest minimum term authorized under
    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
    V for the 2 most serious felonies involved. When sentenced
    only for misdemeanors, a defendant shall not be
    consecutively sentenced to more than the maximum for one
    Class A misdemeanor.
        (2) For sentences imposed under the law in effect on or
    after February 1, 1978, the aggregate of consecutive
    sentences for offenses that were committed as part of a
    single course of conduct during which there was no
    substantial change in the nature of the criminal objective
    shall not exceed the sum of the maximum terms authorized
    under Article 4.5 of Chapter V for the 2 most serious
    felonies involved, but no such limitation shall apply for
    offenses that were not committed as part of a single course
    of conduct during which there was no substantial change in
    the nature of the criminal objective. When sentenced only
    for misdemeanors, a defendant shall not be consecutively
    sentenced to more than the maximum for one Class A
    misdemeanor.
    (g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
        (1) The maximum period of a term of imprisonment shall
    consist of the aggregate of the maximums of the imposed
    indeterminate terms, if any, plus the aggregate of the
    imposed determinate sentences for felonies, plus the
    aggregate of the imposed determinate sentences for
    misdemeanors, subject to subsection (f) of this Section.
        (2) The parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-4.5-50
    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
    involved.
        (3) The minimum period of imprisonment shall be the
    aggregate of the minimum and determinate periods of
    imprisonment imposed by the court, subject to subsection
    (f) of this Section.
        (4) The defendant shall be awarded credit against the
    aggregate maximum term and the aggregate minimum term of
    imprisonment for all time served in an institution since
    the commission of the offense or offenses and as a
    consequence thereof at the rate specified in Section 3-6-3
    (730 ILCS 5/3-6-3).
(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
    Sec. 5-9-1.7. Sexual assault fines.
    (a) Definitions. The terms used in this Section shall have
the following meanings ascribed to them:
        (1) "Sexual assault" means the commission or attempted
    commission of the following: sexual exploitation of a
    child, criminal sexual assault, predatory criminal sexual
    assault of a child, aggravated criminal sexual assault,
    criminal sexual abuse, aggravated criminal sexual abuse,
    indecent solicitation of a child, public indecency, sexual
    relations within families, promoting juvenile
    prostitution, soliciting for a juvenile prostitute,
    keeping a place of juvenile prostitution, patronizing a
    juvenile prostitute, juvenile pimping, exploitation of a
    child, obscenity, child pornography, aggravated child
    pornography, harmful material, or ritualized abuse of a
    child, as those offenses are defined in the Criminal Code
    of 1961.
        (2) "Family member" shall have the meaning ascribed to
    it in Section 12-12 of the Criminal Code of 1961.
        (3) "Sexual assault organization" means any
    not-for-profit organization providing comprehensive,
    community-based services to victims of sexual assault.
    "Community-based services" include, but are not limited
    to, direct crisis intervention through a 24-hour response,
    medical and legal advocacy, counseling, information and
    referral services, training, and community education.
    (b) Sexual assault fine; collection by clerk.
        (1) In addition to any other penalty imposed, a fine of
    $200 shall be imposed upon any person who pleads guilty or
    who is convicted of, or who receives a disposition of court
    supervision for, a sexual assault or attempt of a sexual
    assault. Upon request of the victim or the victim's
    representative, the court shall determine whether the fine
    will impose an undue burden on the victim of the offense.
    For purposes of this paragraph, the defendant may not be
    considered the victim's representative. If the court finds
    that the fine would impose an undue burden on the victim,
    the court may reduce or waive the fine. The court shall
    order that the defendant may not use funds belonging solely
    to the victim of the offense for payment of the fine.
        (2) Sexual assault fines shall be assessed by the court
    imposing the sentence and shall be collected by the circuit
    clerk. The circuit clerk shall retain 10% of the penalty to
    cover the costs involved in administering and enforcing
    this Section. The circuit clerk shall remit the remainder
    of each fine within one month of its receipt to the State
    Treasurer for deposit as follows:
            (i) for family member offenders, one-half to the
        Sexual Assault Services Fund, and one-half to the
        Domestic Violence Shelter and Service Fund; and
            (ii) for other than family member offenders, the
        full amount to the Sexual Assault Services Fund.
    (c) Sexual Assault Services Fund; administration. There is
created a Sexual Assault Services Fund. Moneys deposited into
the Fund under this Section shall be appropriated to the
Department of Public Health. Upon appropriation of moneys from
the Sexual Assault Services Fund, the Department of Public
Health shall make grants of these moneys from the Fund to
sexual assault organizations with whom the Department has
contracts for the purpose of providing community-based
services to victims of sexual assault. Grants made under this
Section are in addition to, and are not substitutes for, other
grants authorized and made by the Department.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 1070. The County Jail Good Behavior Allowance Act
is amended by changing Section 3 as follows:
 
    (730 ILCS 130/3)  (from Ch. 75, par. 32)
    Sec. 3. The good behavior of any person who commences a
sentence of confinement in a county jail for a fixed term of
imprisonment after January 1, 1987 shall entitle such person to
a good behavior allowance, except that: (1) a person who
inflicted physical harm upon another person in committing the
offense for which he is confined shall receive no good behavior
allowance; and (2) a person sentenced for an offense for which
the law provides a mandatory minimum sentence shall not receive
any portion of a good behavior allowance that would reduce the
sentence below the mandatory minimum; and (3) a person
sentenced to a county impact incarceration program; and (4) a
person who is convicted of criminal sexual assault under
subdivision (a)(3) of Section 11-1.20 or paragraph (a)(3) of
Section 12-13 of the Criminal Code of 1961, criminal sexual
abuse, or aggravated criminal sexual abuse shall receive no
good behavior allowance. The good behavior allowance provided
for in this Section shall not apply to individuals sentenced
for a felony to probation or conditional discharge where a
condition of such probation or conditional discharge is that
the individual serve a sentence of periodic imprisonment or to
individuals sentenced under an order of court for civil
contempt.
    Such good behavior allowance shall be cumulative and
awarded as provided in this Section.
    The good behavior allowance rate shall be cumulative and
awarded on the following basis:
    The prisoner shall receive one day of good behavior
allowance for each day of service of sentence in the county
jail, and one day of good behavior allowance for each day of
incarceration in the county jail before sentencing for the
offense that he or she is currently serving sentence but was
unable to post bail before sentencing, except that a prisoner
serving a sentence of periodic imprisonment under Section 5-7-1
of the Unified Code of Corrections shall only be eligible to
receive good behavior allowance if authorized by the sentencing
judge. Each day of good behavior allowance shall reduce by one
day the prisoner's period of incarceration set by the court.
For the purpose of calculating a prisoner's good behavior
allowance, a fractional part of a day shall not be calculated
as a day of service of sentence in the county jail unless the
fractional part of the day is over 12 hours in which case a
whole day shall be credited on the good behavior allowance.
    If consecutive sentences are served and the time served
amounts to a total of one year or more, the good behavior
allowance shall be calculated on a continuous basis throughout
the entire time served beginning on the first date of sentence
or incarceration, as the case may be.
(Source: P.A. 91-117, eff. 7-15-99.)
 
    Section 1075. The Sex Offender Registration Act is amended
by changing Sections 2 and 3 as follows:
 
    (730 ILCS 150/2)  (from Ch. 38, par. 222)
    Sec. 2. Definitions.
    (A) As used in this Article, "sex offender" means any
person who is:
        (1) charged pursuant to Illinois law, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law, with a sex
    offense set forth in subsection (B) of this Section or the
    attempt to commit an included sex offense, and:
            (a) is convicted of such offense or an attempt to
        commit such offense; or
            (b) is found not guilty by reason of insanity of
        such offense or an attempt to commit such offense; or
            (c) is found not guilty by reason of insanity
        pursuant to Section 104-25(c) of the Code of Criminal
        Procedure of 1963 of such offense or an attempt to
        commit such offense; or
            (d) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged commission or attempted commission of such
        offense; or
            (e) is found not guilty by reason of insanity
        following a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(c) of the Code of Criminal Procedure of 1963 of
        such offense or of the attempted commission of such
        offense; or
            (f) is the subject of a finding not resulting in an
        acquittal at a hearing conducted pursuant to a federal,
        Uniform Code of Military Justice, sister state, or
        foreign country law substantially similar to Section
        104-25(a) of the Code of Criminal Procedure of 1963 for
        the alleged violation or attempted commission of such
        offense; or
        (2) certified as a sexually dangerous person pursuant
    to the Illinois Sexually Dangerous Persons Act, or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (3) subject to the provisions of Section 2 of the
    Interstate Agreements on Sexually Dangerous Persons Act;
    or
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law; or
        (5) adjudicated a juvenile delinquent as the result of
    committing or attempting to commit an act which, if
    committed by an adult, would constitute any of the offenses
    specified in item (B), (C), or (C-5) of this Section or a
    violation of any substantially similar federal, Uniform
    Code of Military Justice, sister state, or foreign country
    law, or found guilty under Article V of the Juvenile Court
    Act of 1987 of committing or attempting to commit an act
    which, if committed by an adult, would constitute any of
    the offenses specified in item (B), (C), or (C-5) of this
    Section or a violation of any substantially similar
    federal, Uniform Code of Military Justice, sister state, or
    foreign country law.
    Convictions that result from or are connected with the same
act, or result from offenses committed at the same time, shall
be counted for the purpose of this Article as one conviction.
Any conviction set aside pursuant to law is not a conviction
for purposes of this Article.
     For purposes of this Section, "convicted" shall have the
same meaning as "adjudicated".
    (B) As used in this Article, "sex offense" means:
        (1) A violation of any of the following Sections of the
    Criminal Code of 1961:
            11-20.1 (child pornography),
            11-20.1B or 11-20.3 (aggravated child
        pornography),
            11-6 (indecent solicitation of a child),
            11-9.1 (sexual exploitation of a child),
            11-9.2 (custodial sexual misconduct),
            11-9.5 (sexual misconduct with a person with a
        disability),
            11-14.4 (promoting juvenile prostitution),
            11-15.1 (soliciting for a juvenile prostitute),
            11-18.1 (patronizing a juvenile prostitute),
            11-17.1 (keeping a place of juvenile
        prostitution),
            11-19.1 (juvenile pimping),
            11-19.2 (exploitation of a child),
            11-25 (grooming),
            11-26 (traveling to meet a minor),
            11-1.20 or 12-13 (criminal sexual assault),
            11-1.30 or 12-14 (aggravated criminal sexual
        assault),
            11-1.40 or 12-14.1 (predatory criminal sexual
        assault of a child),
            11-1.50 or 12-15 (criminal sexual abuse),
            11-1.60 or 12-16 (aggravated criminal sexual
        abuse),
            12-33 (ritualized abuse of a child).
            An attempt to commit any of these offenses.
        (1.5) A violation of any of the following Sections of
    the Criminal Code of 1961, when the victim is a person
    under 18 years of age, the defendant is not a parent of the
    victim, the offense was sexually motivated as defined in
    Section 10 of the Sex Offender Management Board Act, and
    the offense was committed on or after January 1, 1996:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
        (1.6) First degree murder under Section 9-1 of the
    Criminal Code of 1961, when the victim was a person under
    18 years of age and the defendant was at least 17 years of
    age at the time of the commission of the offense, provided
    the offense was sexually motivated as defined in Section 10
    of the Sex Offender Management Board Act.
        (1.7) (Blank).
        (1.8) A violation or attempted violation of Section
    11-11 (sexual relations within families) of the Criminal
    Code of 1961, and the offense was committed on or after
    June 1, 1997.
        (1.9) Child abduction under paragraph (10) of
    subsection (b) of Section 10-5 of the Criminal Code of 1961
    committed by luring or attempting to lure a child under the
    age of 16 into a motor vehicle, building, house trailer, or
    dwelling place without the consent of the parent or lawful
    custodian of the child for other than a lawful purpose and
    the offense was committed on or after January 1, 1998,
    provided the offense was sexually motivated as defined in
    Section 10 of the Sex Offender Management Board Act.
        (1.10) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after July 1, 1999:
            10-4 (forcible detention, if the victim is under 18
        years of age), provided the offense was sexually
        motivated as defined in Section 10 of the Sex Offender
        Management Board Act,
            11-6.5 (indecent solicitation of an adult),
            11-14.3 that involves soliciting for a prostitute,
        or 11-15 (soliciting for a prostitute, if the victim is
        under 18 years of age),
            subdivision (a)(2)(A) or (a)(2)(B) of Section
        11-14.3, or Section 11-16 (pandering, if the victim is
        under 18 years of age),
            11-18 (patronizing a prostitute, if the victim is
        under 18 years of age),
            subdivision (a)(2)(C) of Section 11-14.3, or
        Section 11-19 (pimping, if the victim is under 18 years
        of age).
        (1.11) A violation or attempted violation of any of the
    following Sections of the Criminal Code of 1961 when the
    offense was committed on or after August 22, 2002:
            11-9 or 11-30 (public indecency for a third or
        subsequent conviction).
        (1.12) A violation or attempted violation of Section
    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
    Criminal Code of 1961 (permitting sexual abuse) when the
    offense was committed on or after August 22, 2002.
        (2) A violation of any former law of this State
    substantially equivalent to any offense listed in
    subsection (B) of this Section.
    (C) A conviction for an offense of federal law, Uniform
Code of Military Justice, or the law of another state or a
foreign country that is substantially equivalent to any offense
listed in subsections (B), (C), (E), and (E-5) of this Section
shall constitute a conviction for the purpose of this Article.
A finding or adjudication as a sexually dangerous person or a
sexually violent person under any federal law, Uniform Code of
Military Justice, or the law of another state or foreign
country that is substantially equivalent to the Sexually
Dangerous Persons Act or the Sexually Violent Persons
Commitment Act shall constitute an adjudication for the
purposes of this Article.
    (C-5) A person at least 17 years of age at the time of the
commission of the offense who is convicted of first degree
murder under Section 9-1 of the Criminal Code of 1961, against
a person under 18 years of age, shall be required to register
for natural life. A conviction for an offense of federal,
Uniform Code of Military Justice, sister state, or foreign
country law that is substantially equivalent to any offense
listed in subsection (C-5) of this Section shall constitute a
conviction for the purpose of this Article. This subsection
(C-5) applies to a person who committed the offense before June
1, 1996 only if the person is incarcerated in an Illinois
Department of Corrections facility on August 20, 2004 (the
effective date of Public Act 93-977).
    (D) As used in this Article, "law enforcement agency having
jurisdiction" means the Chief of Police in each of the
municipalities in which the sex offender expects to reside,
work, or attend school (1) upon his or her discharge, parole or
release or (2) during the service of his or her sentence of
probation or conditional discharge, or the Sheriff of the
county, in the event no Police Chief exists or if the offender
intends to reside, work, or attend school in an unincorporated
area. "Law enforcement agency having jurisdiction" includes
the location where out-of-state students attend school and
where out-of-state employees are employed or are otherwise
required to register.
    (D-1) As used in this Article, "supervising officer" means
the assigned Illinois Department of Corrections parole agent or
county probation officer.
    (E) As used in this Article, "sexual predator" means any
person who, after July 1, 1999, is:
        (1) Convicted for an offense of federal, Uniform Code
    of Military Justice, sister state, or foreign country law
    that is substantially equivalent to any offense listed in
    subsection (E) or (E-5) of this Section shall constitute a
    conviction for the purpose of this Article. Convicted of a
    violation or attempted violation of any of the following
    Sections of the Criminal Code of 1961, if the conviction
    occurred after July 1, 1999:
            11-14.4 that involves keeping a place of juvenile
        prostitution, or 11-17.1 (keeping a place of juvenile
        prostitution),
            subdivision (a)(2) or (a)(3) of Section 11-14.4,
        or Section 11-19.1 (juvenile pimping),
            subdivision (a)(4) of Section 11-14.4, or Section
        11-19.2 (exploitation of a child),
            11-20.1 (child pornography),
            11-20.1B or 11-20.3 (aggravated child
        pornography),
            11-1.20 or 12-13 (criminal sexual assault),
            11-1.30 or 12-14 (aggravated criminal sexual
        assault),
            11-1.40 or 12-14.1 (predatory criminal sexual
        assault of a child),
            11-1.60 or 12-16 (aggravated criminal sexual
        abuse),
            12-33 (ritualized abuse of a child);
        (2) (blank);
        (3) certified as a sexually dangerous person pursuant
    to the Sexually Dangerous Persons Act or any substantially
    similar federal, Uniform Code of Military Justice, sister
    state, or foreign country law;
        (4) found to be a sexually violent person pursuant to
    the Sexually Violent Persons Commitment Act or any
    substantially similar federal, Uniform Code of Military
    Justice, sister state, or foreign country law;
        (5) convicted of a second or subsequent offense which
    requires registration pursuant to this Act. The conviction
    for the second or subsequent offense must have occurred
    after July 1, 1999. For purposes of this paragraph (5),
    "convicted" shall include a conviction under any
    substantially similar Illinois, federal, Uniform Code of
    Military Justice, sister state, or foreign country law; or
        (6) convicted of a second or subsequent offense of
    luring a minor under Section 10-5.1 of the Criminal Code of
    1961.
    (E-5) As used in this Article, "sexual predator" also means
a person convicted of a violation or attempted violation of any
of the following Sections of the Criminal Code of 1961:
        (1) Section 9-1 (first degree murder, when the victim
    was a person under 18 years of age and the defendant was at
    least 17 years of age at the time of the commission of the
    offense, provided the offense was sexually motivated as
    defined in Section 10 of the Sex Offender Management Board
    Act);
        (2) Section 11-9.5 (sexual misconduct with a person
    with a disability);
        (3) when the victim is a person under 18 years of age,
    the defendant is not a parent of the victim, the offense
    was sexually motivated as defined in Section 10 of the Sex
    Offender Management Board Act, and the offense was
    committed on or after January 1, 1996: (A) Section 10-1
    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
    (C) Section 10-3 (unlawful restraint), and (D) Section
    10-3.1 (aggravated unlawful restraint); and
        (4) Section 10-5(b)(10) (child abduction committed by
    luring or attempting to lure a child under the age of 16
    into a motor vehicle, building, house trailer, or dwelling
    place without the consent of the parent or lawful custodian
    of the child for other than a lawful purpose and the
    offense was committed on or after January 1, 1998, provided
    the offense was sexually motivated as defined in Section 10
    of the Sex Offender Management Board Act).
    (F) As used in this Article, "out-of-state student" means
any sex offender, as defined in this Section, or sexual
predator who is enrolled in Illinois, on a full-time or
part-time basis, in any public or private educational
institution, including, but not limited to, any secondary
school, trade or professional institution, or institution of
higher learning.
    (G) As used in this Article, "out-of-state employee" means
any sex offender, as defined in this Section, or sexual
predator who works in Illinois, regardless of whether the
individual receives payment for services performed, for a
period of time of 10 or more days or for an aggregate period of
time of 30 or more days during any calendar year. Persons who
operate motor vehicles in the State accrue one day of
employment time for any portion of a day spent in Illinois.
    (H) As used in this Article, "school" means any public or
private educational institution, including, but not limited
to, any elementary or secondary school, trade or professional
institution, or institution of higher education.
    (I) As used in this Article, "fixed residence" means any
and all places that a sex offender resides for an aggregate
period of time of 5 or more days in a calendar year.
    (J) As used in this Article, "Internet protocol address"
means the string of numbers by which a location on the Internet
is identified by routers or other computers connected to the
Internet.
(Source: P.A. 95-331, eff. 8-21-07; 95-579, eff. 6-1-08;
95-625, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
8-21-08; 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11.)
 
    (730 ILCS 150/3)
    Sec. 3. Duty to register.
    (a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Department of State
Police. Such information shall include a current photograph,
current address, current place of employment, the sex
offender's or sexual predator's telephone number, including
cellular telephone number, the employer's telephone number,
school attended, all e-mail addresses, instant messaging
identities, chat room identities, and other Internet
communications identities that the sex offender uses or plans
to use, all Uniform Resource Locators (URLs) registered or used
by the sex offender, all blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information,
extensions of the time period for registering as provided in
this Article and, if an extension was granted, the reason why
the extension was granted and the date the sex offender was
notified of the extension. The information shall also include a
copy of the terms and conditions of parole or release signed by
the sex offender and given to the sex offender by his or her
supervising officer, the county of conviction, license plate
numbers for every vehicle registered in the name of the sex
offender, the age of the sex offender at the time of the
commission of the offense, the age of the victim at the time of
the commission of the offense, and any distinguishing marks
located on the body of the sex offender. A sex offender
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 shall provide all Internet
protocol (IP) addresses in his or her residence, registered in
his or her name, accessible at his or her place of employment,
or otherwise under his or her control or custody. If the sex
offender is a child sex offender as defined in Section 11-9.3
or 11-9.4 of the Criminal Code of 1961, the sex offender shall
report to the registering agency whether he or she is living in
a household with a child under 18 years of age who is not his or
her own child, provided that his or her own child is not the
victim of the sex offense. The sex offender or sexual predator
shall register:
        (1) with the chief of police in the municipality in
    which he or she resides or is temporarily domiciled for a
    period of time of 3 or more days, unless the municipality
    is the City of Chicago, in which case he or she shall
    register at the Chicago Police Department Headquarters; or
        (2) with the sheriff in the county in which he or she
    resides or is temporarily domiciled for a period of time of
    3 or more days in an unincorporated area or, if
    incorporated, no police chief exists.
    If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
register:
        (i) with the chief of police in the municipality in
    which he or she is employed at or attends an institution of
    higher education, unless the municipality is the City of
    Chicago, in which case he or she shall register at the
    Chicago Police Department Headquarters; or
        (ii) with the sheriff in the county in which he or she
    is employed or attends an institution of higher education
    located in an unincorporated area, or if incorporated, no
    police chief exists.
    For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
    A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having
jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
    Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
    The sex offender or sexual predator shall provide accurate
information as required by the Department of State Police. That
information shall include the sex offender's or sexual
predator's current place of employment.
    (a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Department of State Police. Such information
will include current place of employment, school attended, and
address in state of residence. A sex offender convicted under
Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the
Criminal Code of 1961 shall provide all Internet protocol (IP)
addresses in his or her residence, registered in his or her
name, accessible at his or her place of employment, or
otherwise under his or her control or custody. The out-of-state
student or out-of-state employee shall register:
        (1) with the chief of police in the municipality in
    which he or she attends school or is employed for a period
    of time of 5 or more days or for an aggregate period of
    time of more than 30 days during any calendar year, unless
    the municipality is the City of Chicago, in which case he
    or she shall register at the Chicago Police Department
    Headquarters; or
        (2) with the sheriff in the county in which he or she
    attends school or is employed for a period of time of 5 or
    more days or for an aggregate period of time of more than
    30 days during any calendar year in an unincorporated area
    or, if incorporated, no police chief exists.
    The out-of-state student or out-of-state employee shall
provide accurate information as required by the Department of
State Police. That information shall include the out-of-state
student's current place of school attendance or the
out-of-state employee's current place of employment.
    (a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961, including periodic and
annual registrations under Section 6 of this Act.
    (b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
    (c) The registration for any person required to register
under this Article shall be as follows:
        (1) Any person registered under the Habitual Child Sex
    Offender Registration Act or the Child Sex Offender
    Registration Act prior to January 1, 1996, shall be deemed
    initially registered as of January 1, 1996; however, this
    shall not be construed to extend the duration of
    registration set forth in Section 7.
        (2) Except as provided in subsection (c)(4), any person
    convicted or adjudicated prior to January 1, 1996, whose
    liability for registration under Section 7 has not expired,
    shall register in person prior to January 31, 1996.
        (2.5) Except as provided in subsection (c)(4), any
    person who has not been notified of his or her
    responsibility to register shall be notified by a criminal
    justice entity of his or her responsibility to register.
    Upon notification the person must then register within 3
    days of notification of his or her requirement to register.
    If notification is not made within the offender's 10 year
    registration requirement, and the Department of State
    Police determines no evidence exists or indicates the
    offender attempted to avoid registration, the offender
    will no longer be required to register under this Act.
        (3) Except as provided in subsection (c)(4), any person
    convicted on or after January 1, 1996, shall register in
    person within 3 days after the entry of the sentencing
    order based upon his or her conviction.
        (4) Any person unable to comply with the registration
    requirements of this Article because he or she is confined,
    institutionalized, or imprisoned in Illinois on or after
    January 1, 1996, shall register in person within 3 days of
    discharge, parole or release.
        (5) The person shall provide positive identification
    and documentation that substantiates proof of residence at
    the registering address.
        (6) The person shall pay a $100 initial registration
    fee and a $100 annual renewal fee. The fees shall be used
    by the registering agency for official purposes. The agency
    shall establish procedures to document receipt and use of
    the funds. The law enforcement agency having jurisdiction
    may waive the registration fee if it determines that the
    person is indigent and unable to pay the registration fee.
    Thirty dollars for the initial registration fee and $30 of
    the annual renewal fee shall be used by the registering
    agency for official purposes. Ten dollars of the initial
    registration fee and $10 of the annual fee shall be
    deposited into the Sex Offender Management Board Fund under
    Section 19 of the Sex Offender Management Board Act. Money
    deposited into the Sex Offender Management Board Fund shall
    be administered by the Sex Offender Management Board and
    shall be used to fund practices endorsed or required by the
    Sex Offender Management Board Act including but not limited
    to sex offenders evaluation, treatment, or monitoring
    programs that are or may be developed, as well as for
    administrative costs, including staff, incurred by the
    Board. Thirty dollars of the initial registration fee and
    $30 of the annual renewal fee shall be deposited into the
    Sex Offender Registration Fund and shall be used by the
    Department of State Police to maintain and update the
    Illinois State Police Sex Offender Registry. Thirty
    dollars of the initial registration fee and $30 of the
    annual renewal fee shall be deposited into the Attorney
    General Sex Offender Awareness, Training, and Education
    Fund. Moneys deposited into the Fund shall be used by the
    Attorney General to administer the I-SORT program and to
    alert and educate the public, victims, and witnesses of
    their rights under various victim notification laws and for
    training law enforcement agencies, State's Attorneys, and
    medical providers of their legal duties concerning the
    prosecution and investigation of sex offenses.
    (d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 95-229, eff. 8-16-07; 95-579, eff. 6-1-08;
95-640, eff. 6-1-08; 95-658, eff. 10-11-07; 95-876, eff.
8-21-08; 96-1094, eff. 1-1-11; 96-1096, eff. 1-1-11; 96-1097,
eff. 1-1-11; 96-1102, eff. 1-1-11; 96-1104, eff. 1-1-11;
revised 9-2-10.)
 
    Section 1080. The Secure Residential Youth Care Facility
Licensing Act is amended by changing Section 45-30 as follows:
 
    (730 ILCS 175/45-30)
    Sec. 45-30. License or employment eligibility.
    (a) No applicant may receive a license from the Department
and no person may be employed by a licensed facility who
refuses to authorize an investigation as required by Section
45-25.
    (b) No applicant may receive a license from the Department
and no person may be employed by a secure residential youth
care facility licensed by the Department who has been declared
a sexually dangerous person under the Sexually Dangerous
Persons Act or convicted of committing or attempting to commit
any of the following offenses under the Criminal Code of 1961:
        (1) First degree murder.
        (2) A sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, 11-13, and 11-18,
    11-35, 11-40, and 11-45.
        (3) Kidnapping.
        (4) Aggravated kidnapping.
        (5) Child abduction.
        (6) Aggravated battery of a child.
        (7) Criminal sexual assault.
        (8) Aggravated criminal sexual assault.
        (8.1) Predatory criminal sexual assault of a child.
        (9) Criminal sexual abuse.
        (10) Aggravated criminal sexual abuse.
        (11) A federal offense or an offense in any other state
    the elements of which are similar to any of the foregoing
    offenses.
(Source: P.A. 88-680, eff. 1-1-95; 89-428, eff. 12-13-95;
89-462, eff. 5-29-96.)
 
    Section 1085. The Code of Civil Procedure is amended by
changing Sections 8-802.1, 13-202.2, and 13-202.3 as follows:
 
    (735 ILCS 5/8-802.1)  (from Ch. 110, par. 8-802.1)
    Sec. 8-802.1. Confidentiality of Statements Made to Rape
Crisis Personnel.
    (a) Purpose. This Section is intended to protect victims of
rape from public disclosure of statements they make in
confidence to counselors of organizations established to help
them. On or after July 1, 1984, "rape" means an act of forced
sexual penetration or sexual conduct, as defined in Section
11-0.1 12-12 of the Criminal Code of 1961, as amended,
including acts prohibited under Sections 11-1.20 through
11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961, as
amended. Because of the fear and stigma that often results from
those crimes, many victims hesitate to seek help even where it
is available at no cost to them. As a result they not only fail
to receive needed medical care and emergency counseling, but
may lack the psychological support necessary to report the
crime and aid police in preventing future crimes.
    (b) Definitions. As used in this Act:
        (1) "Rape crisis organization" means any organization
    or association the major purpose of which is providing
    information, counseling, and psychological support to
    victims of any or all of the crimes of aggravated criminal
    sexual assault, predatory criminal sexual assault of a
    child, criminal sexual assault, sexual relations between
    siblings, criminal sexual abuse and aggravated criminal
    sexual abuse.
        (2) "Rape crisis counselor" means a person who is a
    psychologist, social worker, employee, or volunteer in any
    organization or association defined as a rape crisis
    organization under this Section, who has undergone 40 hours
    of training and is under the control of a direct services
    supervisor of a rape crisis organization.
        (3) "Victim" means a person who is the subject of, or
    who seeks information, counseling, or advocacy services as
    a result of an aggravated criminal sexual assault,
    predatory criminal sexual assault of a child, criminal
    sexual assault, sexual relations within families, criminal
    sexual abuse, aggravated criminal sexual abuse, sexual
    exploitation of a child, indecent solicitation of a child,
    public indecency, exploitation of a child, promoting
    juvenile prostitution as described in subdivision (a)(4)
    of Section 11-14.4, or an attempt to commit any of these
    offenses.
        (4) "Confidential communication" means any
    communication between a victim and a rape crisis counselor
    in the course of providing information, counseling, and
    advocacy. The term includes all records kept by the
    counselor or by the organization in the course of providing
    services to an alleged victim concerning the alleged victim
    and the services provided.
    (c) Waiver of privilege.
        (1) The confidential nature of the communication is not
    waived by: the presence of a third person who further
    expresses the interests of the victim at the time of the
    communication; group counseling; or disclosure to a third
    person with the consent of the victim when reasonably
    necessary to accomplish the purpose for which the counselor
    is consulted.
        (2) The confidential nature of counseling records is
    not waived when: the victim inspects the records; or in the
    case of a minor child less than 12 years of age, a parent
    or guardian whose interests are not adverse to the minor
    inspects the records; or in the case of a minor victim 12
    years or older, a parent or guardian whose interests are
    not adverse to the minor inspects the records with the
    victim's consent, or in the case of an adult who has a
    guardian of his or her person, the guardian inspects the
    records with the victim's consent.
        (3) When a victim is deceased, the executor or
    administrator of the victim's estate may waive the
    privilege established by this Section, unless the executor
    or administrator has an interest adverse to the victim.
        (4) A minor victim 12 years of age or older may
    knowingly waive the privilege established in this Section.
    When a minor is, in the opinion of the Court, incapable of
    knowingly waiving the privilege, the parent or guardian of
    the minor may waive the privilege on behalf of the minor,
    unless the parent or guardian has been charged with a
    violent crime against the victim or otherwise has any
    interest adverse to that of the minor with respect to the
    waiver of the privilege.
        (5) An adult victim who has a guardian of his or her
    person may knowingly waive the privilege established in
    this Section. When the victim is, in the opinion of the
    court, incapable of knowingly waiving the privilege, the
    guardian of the adult victim may waive the privilege on
    behalf of the victim, unless the guardian has been charged
    with a violent crime against the victim or otherwise has
    any interest adverse to the victim with respect to the
    privilege.
    (d) Confidentiality. Except as provided in this Act, no
rape crisis counselor shall disclose any confidential
communication or be examined as a witness in any civil or
criminal proceeding as to any confidential communication
without the written consent of the victim or a representative
of the victim as provided in subparagraph (c).
    (e) A rape crisis counselor may disclose a confidential
communication without the consent of the victim if failure to
disclose is likely to result in a clear, imminent risk of
serious physical injury or death of the victim or another
person. Any rape crisis counselor or rape crisis organization
participating in good faith in the disclosing of records and
communications under this Act shall have immunity from any
liability, civil, criminal, or otherwise that might result from
the action. In any proceeding, civil or criminal, arising out
of a disclosure under this Section, the good faith of any rape
crisis counselor or rape crisis organization who disclosed the
confidential communication shall be presumed.
    (f) Any rape crisis counselor who knowingly discloses any
confidential communication in violation of this Act commits a
Class C misdemeanor.
(Source: P.A. 96-1010, eff. 1-1-11.)
 
    (735 ILCS 5/13-202.2)  (from Ch. 110, par. 13-202.2)
    Sec. 13-202.2. Childhood sexual abuse.
    (a) In this Section:
    "Childhood sexual abuse" means an act of sexual abuse that
occurs when the person abused is under 18 years of age.
    "Sexual abuse" includes but is not limited to sexual
conduct and sexual penetration as defined in Section 11-0.1
12-12 of the Criminal Code of 1961.
    (b) Notwithstanding any other provision of law, an action
for damages for personal injury based on childhood sexual abuse
must be commenced within 20 years of the date the limitation
period begins to run under subsection (d) or within 20 years of
the date the person abused discovers or through the use of
reasonable diligence should discover both (i) that the act of
childhood sexual abuse occurred and (ii) that the injury was
caused by the childhood sexual abuse. The fact that the person
abused discovers or through the use of reasonable diligence
should discover that the act of childhood sexual abuse occurred
is not, by itself, sufficient to start the discovery period
under this subsection (b). Knowledge of the abuse does not
constitute discovery of the injury or the causal relationship
between any later-discovered injury and the abuse.
    (c) If the injury is caused by 2 or more acts of childhood
sexual abuse that are part of a continuing series of acts of
childhood sexual abuse by the same abuser, then the discovery
period under subsection (b) shall be computed from the date the
person abused discovers or through the use of reasonable
diligence should discover both (i) that the last act of
childhood sexual abuse in the continuing series occurred and
(ii) that the injury was caused by any act of childhood sexual
abuse in the continuing series. The fact that the person abused
discovers or through the use of reasonable diligence should
discover that the last act of childhood sexual abuse in the
continuing series occurred is not, by itself, sufficient to
start the discovery period under subsection (b). Knowledge of
the abuse does not constitute discovery of the injury or the
causal relationship between any later-discovered injury and
the abuse.
    (d) The limitation periods under subsection (b) do not
begin to run before the person abused attains the age of 18
years; and, if at the time the person abused attains the age of
18 years he or she is under other legal disability, the
limitation periods under subsection (b) do not begin to run
until the removal of the disability.
    (d-1) The limitation periods in subsection (b) do not run
during a time period when the person abused is subject to
threats, intimidation, manipulation, or fraud perpetrated by
the abuser or by any person acting in the interest of the
abuser.
    (e) This Section applies to actions pending on the
effective date of this amendatory Act of 1990 as well as to
actions commenced on or after that date. The changes made by
this amendatory Act of 1993 shall apply only to actions
commenced on or after the effective date of this amendatory Act
of 1993. The changes made by this amendatory Act of the 93rd
General Assembly apply to actions pending on the effective date
of this amendatory Act of the 93rd General Assembly as well as
actions commenced on or after that date. The changes made by
this amendatory Act of the 96th General Assembly apply to
actions commenced on or after the effective date of this
amendatory Act of the 96th General Assembly if the action would
not have been time barred under any statute of limitations or
statute of repose prior to the effective date of this
amendatory Act of the 96th General Assembly.
(Source: P.A. 96-1093, eff. 1-1-11.)
 
    (735 ILCS 5/13-202.3)
    Sec. 13-202.3. For an action arising out of an injury
caused by "sexual conduct" or "sexual penetration" as defined
in Section 11-0.1 12-12 of the Criminal Code of 1961, the
limitation period in Section 13-202 does not run during a time
period when the person injured is subject to threats,
intimidation, manipulation, or fraud perpetrated by the
perpetrator or by a person the perpetrator knew or should have
known was acting in the interest of the perpetrator. This
Section applies to causes of action arising on or after the
effective date of this amendatory Act of the 95th General
Assembly or to causes of action for which the limitation period
has not yet expired.
(Source: P.A. 95-589, eff. 1-1-08.)
 
    Section 1090. The Crime Victims Compensation Act is amended
by changing Sections 2, 6.1, and 14.1 as follows:
 
    (740 ILCS 45/2)  (from Ch. 70, par. 72)
    Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
    (a) "Applicant" means any person who applies for
compensation under this Act or any person the Court of Claims
finds is entitled to compensation, including the guardian of a
minor or of a person under legal disability. It includes any
person who was a dependent of a deceased victim of a crime of
violence for his or her support at the time of the death of
that victim.
    (b) "Court of Claims" means the Court of Claims created by
the Court of Claims Act.
    (c) "Crime of violence" means and includes any offense
defined in Sections 9-1, 9-2, 9-3, 10-1, 10-2, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-11, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 12-1, 12-2, 12-3, 12-3.2, 12-3.3, 12-4,
12-4.1, 12-4.2, 12-4.3, 12-5, 12-7.1, 12-7.3, 12-7.4, 12-13,
12-14, 12-14.1, 12-15, 12-16, 12-20.5, 12-30, 20-1 or 20-1.1,
or subdivision (a)(4) of Section 11-14.4, of the Criminal Code
of 1961, Sections 1(a) and 1(a-5) of the Cemetery Protection
Act, driving under the influence of intoxicating liquor or
narcotic drugs as defined in Section 11-501 of the Illinois
Vehicle Code, and a violation of Section 11-401 of the Illinois
Vehicle Code, provided the victim was a pedestrian or was
operating a vehicle moved solely by human power or a mobility
device at the time of contact; so long as the offense did not
occur during a civil riot, insurrection or rebellion. "Crime of
violence" does not include any other offense or accident
involving a motor vehicle except those vehicle offenses
specifically provided for in this paragraph. "Crime of
violence" does include all of the offenses specifically
provided for in this paragraph that occur within this State but
are subject to federal jurisdiction and crimes involving
terrorism as defined in 18 U.S.C. 2331.
    (d) "Victim" means (1) a person killed or injured in this
State as a result of a crime of violence perpetrated or
attempted against him or her, (2) the parent of a person killed
or injured in this State as a result of a crime of violence
perpetrated or attempted against the person, (3) a person
killed or injured in this State while attempting to assist a
person against whom a crime of violence is being perpetrated or
attempted, if that attempt of assistance would be expected of a
reasonable person under the circumstances, (4) a person killed
or injured in this State while assisting a law enforcement
official apprehend a person who has perpetrated a crime of
violence or prevent the perpetration of any such crime if that
assistance was in response to the express request of the law
enforcement official, (5) a person who personally witnessed a
violent crime, (5.1) solely for the purpose of compensating for
pecuniary loss incurred for psychological treatment of a mental
or emotional condition caused or aggravated by the crime, any
other person under the age of 18 who is the brother, sister,
half brother, half sister, child, or stepchild of a person
killed or injured in this State as a result of a crime of
violence, (6) an Illinois resident who is a victim of a "crime
of violence" as defined in this Act except, if the crime
occurred outside this State, the resident has the same rights
under this Act as if the crime had occurred in this State upon
a showing that the state, territory, country, or political
subdivision of a country in which the crime occurred does not
have a compensation of victims of crimes law for which that
Illinois resident is eligible, (7) a deceased person whose body
is dismembered or whose remains are desecrated as the result of
a crime of violence, or (8) solely for the purpose of
compensating for pecuniary loss incurred for psychological
treatment of a mental or emotional condition caused or
aggravated by the crime, any parent, spouse, or child under the
age of 18 of a deceased person whose body is dismembered or
whose remains are desecrated as the result of a crime of
violence.
    (e) "Dependent" means a relative of a deceased victim who
was wholly or partially dependent upon the victim's income at
the time of his or her death and shall include the child of a
victim born after his or her death.
    (f) "Relative" means a spouse, parent, grandparent,
stepfather, stepmother, child, grandchild, brother,
brother-in-law, sister, sister-in-law, half brother, half
sister, spouse's parent, nephew, niece, uncle or aunt.
    (g) "Child" means an unmarried son or daughter who is under
18 years of age and includes a stepchild, an adopted child or a
child born out of wedlock.
    (h) "Pecuniary loss" means, in the case of injury,
appropriate medical expenses and hospital expenses including
expenses of medical examinations, rehabilitation, medically
required nursing care expenses, appropriate psychiatric care
or psychiatric counseling expenses, expenses for care or
counseling by a licensed clinical psychologist, licensed
clinical social worker, or licensed clinical professional
counselor and expenses for treatment by Christian Science
practitioners and nursing care appropriate thereto;
transportation expenses to and from medical and treatment
facilities; prosthetic appliances, eyeglasses, and hearing
aids necessary or damaged as a result of the crime; replacement
costs for clothing and bedding used as evidence; costs
associated with temporary lodging or relocation necessary as a
result of the crime, including, but not limited to, the first
month's rent and security deposit of the dwelling that the
claimant relocated to and other reasonable relocation expenses
incurred as a result of the violent crime; locks or windows
necessary or damaged as a result of the crime; the purchase,
lease, or rental of equipment necessary to create usability of
and accessibility to the victim's real and personal property,
or the real and personal property which is used by the victim,
necessary as a result of the crime; the costs of appropriate
crime scene clean-up; replacement services loss, to a maximum
of $1000 per month; dependents replacement services loss, to a
maximum of $1000 per month; loss of tuition paid to attend
grammar school or high school when the victim had been enrolled
as a student prior to the injury, or college or graduate school
when the victim had been enrolled as a day or night student
prior to the injury when the victim becomes unable to continue
attendance at school as a result of the crime of violence
perpetrated against him or her; loss of earnings, loss of
future earnings because of disability resulting from the
injury, and, in addition, in the case of death, expenses for
funeral, burial, and travel and transport for survivors of
homicide victims to secure bodies of deceased victims and to
transport bodies for burial all of which may not exceed a
maximum of $5,000 and loss of support of the dependents of the
victim; in the case of dismemberment or desecration of a body,
expenses for funeral and burial, all of which may not exceed a
maximum of $5,000. Loss of future earnings shall be reduced by
any income from substitute work actually performed by the
victim or by income he or she would have earned in available
appropriate substitute work he or she was capable of performing
but unreasonably failed to undertake. Loss of earnings, loss of
future earnings and loss of support shall be determined on the
basis of the victim's average net monthly earnings for the 6
months immediately preceding the date of the injury or on $1000
per month, whichever is less. If a divorced or legally
separated applicant is claiming loss of support for a minor
child of the deceased, the amount of support for each child
shall be based either on the amount of support pursuant to the
judgment prior to the date of the deceased victim's injury or
death, or, if the subject of pending litigation filed by or on
behalf of the divorced or legally separated applicant prior to
the injury or death, on the result of that litigation. Real and
personal property includes, but is not limited to, vehicles,
houses, apartments, town houses, or condominiums. Pecuniary
loss does not include pain and suffering or property loss or
damage.
    (i) "Replacement services loss" means expenses reasonably
incurred in obtaining ordinary and necessary services in lieu
of those the injured person would have performed, not for
income, but for the benefit of himself or herself or his or her
family, if he or she had not been injured.
    (j) "Dependents replacement services loss" means loss
reasonably incurred by dependents or private legal guardians of
minor dependents after a victim's death in obtaining ordinary
and necessary services in lieu of those the victim would have
performed, not for income, but for their benefit, if he or she
had not been fatally injured.
    (k) "Survivor" means immediate family including a parent,
step-father, step-mother, child, brother, sister, or spouse.
(Source: P.A. 96-267, eff. 8-11-09; 96-863, eff. 3-1-10.)
 
    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
    Sec. 6.1. Right to compensation. A person is entitled to
compensation under this Act if:
        (a) Within 2 years of the occurrence of the crime, or
    within one year after a criminal indictment of a person for
    an offense, upon which the claim is based, he files an
    application, under oath, with the Court of Claims and on a
    form prescribed in accordance with Section 7.1 furnished by
    the Attorney General. If the person entitled to
    compensation is under 18 years of age or under other legal
    disability at the time of the occurrence or becomes legally
    disabled as a result of the occurrence, he may file the
    application required by this subsection within 2 years
    after he attains the age of 18 years or the disability is
    removed, as the case may be. Legal disability includes a
    diagnosis of posttraumatic stress disorder.
        (b) For all crimes of violence, except those listed in
    subsection (b-1) of this Section, the appropriate law
    enforcement officials were notified within 72 hours of the
    perpetration of the crime allegedly causing the death or
    injury to the victim or, in the event such notification was
    made more than 72 hours after the perpetration of the
    crime, the applicant establishes that such notice was
    timely under the circumstances.
        (b-1) For victims of offenses defined in Sections
    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
    12-14.1, 12-15, and 12-16 of the Criminal Code of 1961, the
    appropriate law enforcement officials were notified within
    7 days of the perpetration of the crime allegedly causing
    death or injury to the victim or, in the event that the
    notification was made more than 7 days after the
    perpetration of the crime, the applicant establishes that
    the notice was timely under the circumstances. If the
    applicant has obtained an order of protection or a civil no
    contact order or has presented himself or herself to a
    hospital for sexual assault evidence collection and
    medical care, such action shall constitute appropriate
    notification under this subsection (b-1) or subsection (b)
    of this Section.
        (c) The applicant has cooperated with law enforcement
    officials in the apprehension and prosecution of the
    assailant. If the applicant has obtained an order of
    protection or a civil no contact order or has presented
    himself or herself to a hospital for sexual assault
    evidence collection and medical care, such action shall
    constitute cooperation under this subsection (c).
        (d) The applicant is not the offender or an accomplice
    of the offender and the award would not unjustly benefit
    the offender or his accomplice.
        (e) The injury to or death of the victim was not
    substantially attributable to his own wrongful act and was
    not substantially provoked by the victim.
(Source: P.A. 94-192, eff. 1-1-06; 95-250, eff. 1-1-08; 95-331,
eff. 8-21-07.)
 
    (740 ILCS 45/14.1)  (from Ch. 70, par. 84.1)
    Sec. 14.1. (a) Hearings shall be open to the public unless
the Court of Claims determines that a closed hearing should be
held because:
        (1) the alleged assailant has not been brought to trial
    and a public hearing would adversely affect either his
    apprehension or his trial;
        (2) the offense allegedly perpetrated against the
    victim is one defined in Section 11-1.20, 11-1.30, 11-1.40,
    12-13, 12-14, or 12-14.1 of the Criminal Code of 1961 and
    the interests of the victim or of persons dependent on his
    support require that the public be excluded from the
    hearing;
        (3) the victim or the alleged assailant is a minor; or
        (4) the interests of justice would be frustrated,
    rather than furthered, if the hearing were open to the
    public.
    (b) A transcript shall be kept of the hearings held before
the Court of Claims. No part of the transcript of any hearing
before the Court of Claims may be used for any purpose in a
criminal proceeding except in the prosecution of a person
alleged to have perjured himself in his testimony before the
Court of Claims. A copy of the transcript may be furnished to
the applicant upon his written request to the court reporter,
accompanied by payment of a charge established by the Court of
Claims in accordance with the prevailing commercial charge for
a duplicate transcript. Where the interests of justice require,
the Court of Claims may refuse to disclose the names of victims
or other material in the transcript by which the identity of
the victim could be discovered.
(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
    Section 1095. The Predator Accountability Act is amended by
changing Sections 10 and 15 as follows:
 
    (740 ILCS 128/10)
    Sec. 10. Definitions. As used in this Act:
    "Sex trade" means any act, which if proven beyond a
reasonable doubt could support a conviction for a violation or
attempted violation of any of the following Sections of the
Criminal Code of 1961: 11-14.3 (promoting prostitution);
11-14.4 (promoting juvenile prostitution); 11-15 (soliciting
for a prostitute); 11-15.1 (soliciting for a juvenile
prostitute); 11-16 (pandering); 11-17 (keeping a place of
prostitution); 11-17.1 (keeping a place of juvenile
prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
aggravated juvenile pimping); 11-19.2 (exploitation of a
child); 11-20 (obscenity); or 11-20.1 (child pornography); or
11-20.1B or 11-20.3 (aggravated child pornography); or Section
10-9 of the Criminal Code of 1961 (trafficking of persons and
involuntary servitude).
    "Sex trade" activity may involve adults and youth of all
genders and sexual orientations.
    "Victim of the sex trade" means, for the following sex
trade acts, the person or persons indicated:
        (1) soliciting for a prostitute: the prostitute who is
    the object of the solicitation;
        (2) soliciting for a juvenile prostitute: the juvenile
    prostitute, or severely or profoundly mentally retarded
    person, who is the object of the solicitation;
        (3) promoting prostitution as described in subdivision
    (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
    Code of 1961, or pandering: the person intended or
    compelled to act as a prostitute;
        (4) keeping a place of prostitution: any person
    intended or compelled to act as a prostitute, while present
    at the place, during the time period in question;
        (5) keeping a place of juvenile prostitution: any
    juvenile intended or compelled to act as a prostitute,
    while present at the place, during the time period in
    question;
        (6) promoting prostitution as described in subdivision
    (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961,
    or pimping: the prostitute from whom anything of value is
    received;
        (7) promoting juvenile prostitution as described in
    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
    Criminal Code of 1961, or juvenile pimping and aggravated
    juvenile pimping: the juvenile, or severely or profoundly
    mentally retarded person, from whom anything of value is
    received for that person's act of prostitution;
        (8) promoting juvenile prostitution as described in
    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
    of 1961, or exploitation of a child: the juvenile, or
    severely or profoundly mentally retarded person, intended
    or compelled to act as a prostitute or from whom anything
    of value is received for that person's act of prostitution;
        (9) obscenity: any person who appears in or is
    described or depicted in the offending conduct or material;
        (10) child pornography or aggravated child
    pornography: any child, or severely or profoundly mentally
    retarded person, who appears in or is described or depicted
    in the offending conduct or material; or
        (11) trafficking of persons or involuntary servitude:
    a "trafficking victim" as defined in Section 10-9 of the
    Criminal Code of 1961.
(Source: P.A. 96-710, eff. 1-1-10.)
 
    (740 ILCS 128/15)
    Sec. 15. Cause of action.
    (a) Violations of this Act are actionable in civil court.
    (b) A victim of the sex trade has a cause of action against
a person or entity who:
        (1) recruits, profits from, or maintains the victim in
    any sex trade act;
        (2) intentionally abuses, as defined in Section 103 of
    the Illinois Domestic Violence Act of 1986, or causes
    bodily harm, as defined in Section 11-0.1 12-12 of the
    Criminal Code of 1961, to the victim in any sex trade act;
    or
        (3) knowingly advertises or publishes advertisements
    for purposes of recruitment into sex trade activity.
    (c) This Section shall not be construed to create liability
to any person or entity who provides goods or services to the
general public, who also provides those goods or services to
persons who would be liable under subsection (b) of this
Section, absent a showing that the person or entity either:
        (1) knowingly markets or provides its goods or services
    primarily to persons or entities liable under subsection
    (b) of this Section;
        (2) knowingly receives a higher level of compensation
    from persons or entities liable under subsection (b) of
    this Section than it generally receives from customers; or
        (3) supervises or exercises control over persons or
    entities liable under subsection (b) of this Section.
(Source: P.A. 94-998, eff. 7-3-06.)
 
    Section 1100. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 503 as follows:
 
    (750 ILCS 5/503)  (from Ch. 40, par. 503)
    Sec. 503. Disposition of property.
    (a) For purposes of this Act, "marital property" means all
property acquired by either spouse subsequent to the marriage,
except the following, which is known as "non-marital property":
        (1) property acquired by gift, legacy or descent;
        (2) property acquired in exchange for property
    acquired before the marriage or in exchange for property
    acquired by gift, legacy or descent;
        (3) property acquired by a spouse after a judgment of
    legal separation;
        (4) property excluded by valid agreement of the
    parties;
        (5) any judgment or property obtained by judgment
    awarded to a spouse from the other spouse;
        (6) property acquired before the marriage;
        (7) the increase in value of property acquired by a
    method listed in paragraphs (1) through (6) of this
    subsection, irrespective of whether the increase results
    from a contribution of marital property, non-marital
    property, the personal effort of a spouse, or otherwise,
    subject to the right of reimbursement provided in
    subsection (c) of this Section; and
        (8) income from property acquired by a method listed in
    paragraphs (1) through (7) of this subsection if the income
    is not attributable to the personal effort of a spouse.
    (b)(1) For purposes of distribution of property pursuant to
this Section, all property acquired by either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage, including non-marital
property transferred into some form of co-ownership between the
spouses, is presumed to be marital property, regardless of
whether title is held individually or by the spouses in some
form of co-ownership such as joint tenancy, tenancy in common,
tenancy by the entirety, or community property. The presumption
of marital property is overcome by a showing that the property
was acquired by a method listed in subsection (a) of this
Section.
    (2) For purposes of distribution of property pursuant to
this Section, all pension benefits (including pension benefits
under the Illinois Pension Code) acquired by either spouse
after the marriage and before a judgment of dissolution of
marriage or declaration of invalidity of the marriage are
presumed to be marital property, regardless of which spouse
participates in the pension plan. The presumption that these
pension benefits are marital property is overcome by a showing
that the pension benefits were acquired by a method listed in
subsection (a) of this Section. The right to a division of
pension benefits in just proportions under this Section is
enforceable under Section 1-119 of the Illinois Pension Code.
    The value of pension benefits in a retirement system
subject to the Illinois Pension Code shall be determined in
accordance with the valuation procedures established by the
retirement system.
    The recognition of pension benefits as marital property and
the division of those benefits pursuant to a Qualified Illinois
Domestic Relations Order shall not be deemed to be a
diminishment, alienation, or impairment of those benefits. The
division of pension benefits is an allocation of property in
which each spouse has a species of common ownership.
    (3) For purposes of distribution of property under this
Section, all stock options granted to either spouse after the
marriage and before a judgment of dissolution of marriage or
declaration of invalidity of marriage, whether vested or
non-vested or whether their value is ascertainable, are
presumed to be marital property. This presumption of marital
property is overcome by a showing that the stock options were
acquired by a method listed in subsection (a) of this Section.
The court shall allocate stock options between the parties at
the time of the judgment of dissolution of marriage or
declaration of invalidity of marriage recognizing that the
value of the stock options may not be then determinable and
that the actual division of the options may not occur until a
future date. In making the allocation between the parties, the
court shall consider, in addition to the factors set forth in
subsection (d) of this Section, the following:
        (i) All circumstances underlying the grant of the stock
    option including but not limited to whether the grant was
    for past, present, or future efforts, or any combination
    thereof.
        (ii) The length of time from the grant of the option to
    the time the option is exercisable.
    (c) Commingled marital and non-marital property shall be
treated in the following manner, unless otherwise agreed by the
spouses:
        (1) When marital and non-marital property are
    commingled by contributing one estate of property into
    another resulting in a loss of identity of the contributed
    property, the classification of the contributed property
    is transmuted to the estate receiving the contribution,
    subject to the provisions of paragraph (2) of this
    subsection; provided that if marital and non-marital
    property are commingled into newly acquired property
    resulting in a loss of identity of the contributing
    estates, the commingled property shall be deemed
    transmuted to marital property, subject to the provisions
    of paragraph (2) of this subsection.
        (2) When one estate of property makes a contribution to
    another estate of property, or when a spouse contributes
    personal effort to non-marital property, the contributing
    estate shall be reimbursed from the estate receiving the
    contribution notwithstanding any transmutation; provided,
    that no such reimbursement shall be made with respect to a
    contribution which is not retraceable by clear and
    convincing evidence, or was a gift, or, in the case of a
    contribution of personal effort of a spouse to non-marital
    property, unless the effort is significant and results in
    substantial appreciation of the non-marital property.
    Personal effort of a spouse shall be deemed a contribution
    by the marital estate. The court may provide for
    reimbursement out of the marital property to be divided or
    by imposing a lien against the non-marital property which
    received the contribution.
    (d) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage, or in a proceeding for
disposition of property following dissolution of marriage by a
court which lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court
shall assign each spouse's non-marital property to that spouse.
It also shall divide the marital property without regard to
marital misconduct in just proportions considering all
relevant factors, including:
        (1) the contribution of each party to the acquisition,
    preservation, or increase or decrease in value of the
    marital or non-marital property, including (i) any such
    decrease attributable to a payment deemed to have been an
    advance from the parties' marital estate under subsection
    (c-1)(2) of Section 501 and (ii) the contribution of a
    spouse as a homemaker or to the family unit;
        (2) the dissipation by each party of the marital or
    non-marital property;
        (3) the value of the property assigned to each spouse;
        (4) the duration of the marriage;
        (5) the relevant economic circumstances of each spouse
    when the division of property is to become effective,
    including the desirability of awarding the family home, or
    the right to live therein for reasonable periods, to the
    spouse having custody of the children;
        (6) any obligations and rights arising from a prior
    marriage of either party;
        (7) any antenuptial agreement of the parties;
        (8) the age, health, station, occupation, amount and
    sources of income, vocational skills, employability,
    estate, liabilities, and needs of each of the parties;
        (9) the custodial provisions for any children;
        (10) whether the apportionment is in lieu of or in
    addition to maintenance;
        (11) the reasonable opportunity of each spouse for
    future acquisition of capital assets and income; and
        (12) the tax consequences of the property division upon
    the respective economic circumstances of the parties.
    (e) Each spouse has a species of common ownership in the
marital property which vests at the time dissolution
proceedings are commenced and continues only during the
pendency of the action. Any such interest in marital property
shall not encumber that property so as to restrict its
transfer, assignment or conveyance by the title holder unless
such title holder is specifically enjoined from making such
transfer, assignment or conveyance.
    (f) In a proceeding for dissolution of marriage or
declaration of invalidity of marriage or in a proceeding for
disposition of property following dissolution of marriage by a
court that lacked personal jurisdiction over the absent spouse
or lacked jurisdiction to dispose of the property, the court,
in determining the value of the marital and non-marital
property for purposes of dividing the property, shall value the
property as of the date of trial or some other date as close to
the date of trial as is practicable.
    (g) The court if necessary to protect and promote the best
interests of the children may set aside a portion of the
jointly or separately held estates of the parties in a separate
fund or trust for the support, maintenance, education, physical
and mental health, and general welfare of any minor, dependent,
or incompetent child of the parties. In making a determination
under this subsection, the court may consider, among other
things, the conviction of a party of any of the offenses set
forth in Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 if the victim is a
child of one or both of the parties, and there is a need for,
and cost of, care, healing and counseling for the child who is
the victim of the crime.
    (h) Unless specifically directed by a reviewing court, or
upon good cause shown, the court shall not on remand consider
any increase or decrease in the value of any "marital" or
"non-marital" property occurring since the assessment of such
property at the original trial or hearing, but shall use only
that assessment made at the original trial or hearing.
    (i) The court may make such judgments affecting the marital
property as may be just and may enforce such judgments by
ordering a sale of marital property, with proceeds therefrom to
be applied as determined by the court.
    (j) After proofs have closed in the final hearing on all
other issues between the parties (or in conjunction with the
final hearing, if all parties so stipulate) and before judgment
is entered, a party's petition for contribution to fees and
costs incurred in the proceeding shall be heard and decided, in
accordance with the following provisions:
        (1) A petition for contribution, if not filed before
    the final hearing on other issues between the parties,
    shall be filed no later than 30 days after the closing of
    proofs in the final hearing or within such other period as
    the court orders.
        (2) Any award of contribution to one party from the
    other party shall be based on the criteria for division of
    marital property under this Section 503 and, if maintenance
    has been awarded, on the criteria for an award of
    maintenance under Section 504.
        (3) The filing of a petition for contribution shall not
    be deemed to constitute a waiver of the attorney-client
    privilege between the petitioning party and current or
    former counsel; and such a waiver shall not constitute a
    prerequisite to a hearing for contribution. If either
    party's presentation on contribution, however, includes
    evidence within the scope of the attorney-client
    privilege, the disclosure or disclosures shall be narrowly
    construed and shall not be deemed by the court to
    constitute a general waiver of the privilege as to matters
    beyond the scope of the presentation.
        (4) No finding on which a contribution award is based
    or denied shall be asserted against counsel or former
    counsel for purposes of any hearing under subsection (c) or
    (e) of Section 508.
        (5) A contribution award (payable to either the
    petitioning party or the party's counsel, or jointly, as
    the court determines) may be in the form of either a set
    dollar amount or a percentage of fees and costs (or a
    portion of fees and costs) to be subsequently agreed upon
    by the petitioning party and counsel or, alternatively,
    thereafter determined in a hearing pursuant to subsection
    (c) of Section 508 or previously or thereafter determined
    in an independent proceeding under subsection (e) of
    Section 508.
        (6) The changes to this Section 503 made by this
    amendatory Act of 1996 apply to cases pending on or after
    June 1, 1997, except as otherwise provided in Section 508.
(Source: P.A. 95-374, eff. 1-1-08; 96-583, eff. 1-1-10.)
 
    Section 1105. The Illinois Parentage Act of 1984 is amended
by changing Section 6.5 as follows:
 
    (750 ILCS 45/6.5)
    Sec. 6.5. Custody or visitation by sex offender prohibited.
A person found to be the father of a child under this Act, and
who has been convicted of or who has pled guilty to a violation
of Section 11-11 (sexual relations within families), Section
11-1.20 or 12-13 (criminal sexual assault), Section 11-1.30 or
12-14 (aggravated criminal sexual assault), Section 11-1.40 or
12-14.1 (predatory criminal sexual assault of a child), Section
11-1.50 or 12-15 (criminal sexual abuse), or Section 11-1.60 or
12-16 (aggravated criminal sexual abuse) of the Criminal Code
of 1961 for his conduct in fathering that child, shall not be
entitled to custody of or visitation with that child without
the consent of the mother or guardian, other than the father of
the child who has been convicted of or pled guilty to one of
the offenses listed in this Section, or, in cases where the
mother is a minor, the guardian of the mother of the child.
Notwithstanding any other provision of this Act, nothing in
this Section shall be construed to relieve the father of any
support and maintenance obligations to the child under this
Act.
(Source: P.A. 94-928, eff. 6-26-06.)
 
    Section 1110. The Adoption Act is amended by changing
Section 1 as follows:
 
    (750 ILCS 50/1)  (from Ch. 40, par. 1501)
    Sec. 1. Definitions. When used in this Act, unless the
context otherwise requires:
    A. "Child" means a person under legal age subject to
adoption under this Act.
    B. "Related child" means a child subject to adoption where
either or both of the adopting parents stands in any of the
following relationships to the child by blood or marriage:
parent, grand-parent, brother, sister, step-parent,
step-grandparent, step-brother, step-sister, uncle, aunt,
great-uncle, great-aunt, or cousin of first degree. A child
whose parent has executed a final irrevocable consent to
adoption or a final irrevocable surrender for purposes of
adoption, or whose parent has had his or her parental rights
terminated, is not a related child to that person, unless the
consent is determined to be void or is void pursuant to
subsection O of Section 10.
    C. "Agency" for the purpose of this Act means a public
child welfare agency or a licensed child welfare agency.
    D. "Unfit person" means any person whom the court shall
find to be unfit to have a child, without regard to the
likelihood that the child will be placed for adoption. The
grounds of unfitness are any one or more of the following,
except that a person shall not be considered an unfit person
for the sole reason that the person has relinquished a child in
accordance with the Abandoned Newborn Infant Protection Act:
        (a) Abandonment of the child.
        (a-1) Abandonment of a newborn infant in a hospital.
        (a-2) Abandonment of a newborn infant in any setting
    where the evidence suggests that the parent intended to
    relinquish his or her parental rights.
        (b) Failure to maintain a reasonable degree of
    interest, concern or responsibility as to the child's
    welfare.
        (c) Desertion of the child for more than 3 months next
    preceding the commencement of the Adoption proceeding.
        (d) Substantial neglect of the child if continuous or
    repeated.
        (d-1) Substantial neglect, if continuous or repeated,
    of any child residing in the household which resulted in
    the death of that child.
        (e) Extreme or repeated cruelty to the child.
        (f) There is a rebuttable presumption, which can be
    overcome only by clear and convincing evidence, that a
    parent is unfit if:
            (1) Two or more findings of physical abuse have
        been entered regarding any children under Section 2-21
        of the Juvenile Court Act of 1987, the most recent of
        which was determined by the juvenile court hearing the
        matter to be supported by clear and convincing
        evidence; or
            (2) The parent has been convicted or found not
        guilty by reason of insanity and the conviction or
        finding resulted from the death of any child by
        physical abuse; or
            (3) There is a finding of physical child abuse
        resulting from the death of any child under Section
        2-21 of the Juvenile Court Act of 1987.
            No conviction or finding of delinquency pursuant
        to Article 5 of the Juvenile Court Act of 1987 shall be
        considered a criminal conviction for the purpose of
        applying any presumption under this item (f).
        (g) Failure to protect the child from conditions within
    his environment injurious to the child's welfare.
        (h) Other neglect of, or misconduct toward the child;
    provided that in making a finding of unfitness the court
    hearing the adoption proceeding shall not be bound by any
    previous finding, order or judgment affecting or
    determining the rights of the parents toward the child
    sought to be adopted in any other proceeding except such
    proceedings terminating parental rights as shall be had
    under either this Act, the Juvenile Court Act or the
    Juvenile Court Act of 1987.
        (i) Depravity. Conviction of any one of the following
    crimes shall create a presumption that a parent is depraved
    which can be overcome only by clear and convincing
    evidence: (1) first degree murder in violation of paragraph
    1 or 2 of subsection (a) of Section 9-1 of the Criminal
    Code of 1961 or conviction of second degree murder in
    violation of subsection (a) of Section 9-2 of the Criminal
    Code of 1961 of a parent of the child to be adopted; (2)
    first degree murder or second degree murder of any child in
    violation of the Criminal Code of 1961; (3) attempt or
    conspiracy to commit first degree murder or second degree
    murder of any child in violation of the Criminal Code of
    1961; (4) solicitation to commit murder of any child,
    solicitation to commit murder of any child for hire, or
    solicitation to commit second degree murder of any child in
    violation of the Criminal Code of 1961; (5) predatory
    criminal sexual assault of a child in violation of Section
    11-1.40 or 12-14.1 of the Criminal Code of 1961; (6)
    heinous battery of any child in violation of the Criminal
    Code of 1961; or (7) aggravated battery of any child in
    violation of the Criminal Code of 1961.
        There is a rebuttable presumption that a parent is
    depraved if the parent has been criminally convicted of at
    least 3 felonies under the laws of this State or any other
    state, or under federal law, or the criminal laws of any
    United States territory; and at least one of these
    convictions took place within 5 years of the filing of the
    petition or motion seeking termination of parental rights.
        There is a rebuttable presumption that a parent is
    depraved if that parent has been criminally convicted of
    either first or second degree murder of any person as
    defined in the Criminal Code of 1961 within 10 years of the
    filing date of the petition or motion to terminate parental
    rights.
        No conviction or finding of delinquency pursuant to
    Article 5 of the Juvenile Court Act of 1987 shall be
    considered a criminal conviction for the purpose of
    applying any presumption under this item (i).
        (j) Open and notorious adultery or fornication.
        (j-1) (Blank).
        (k) Habitual drunkenness or addiction to drugs, other
    than those prescribed by a physician, for at least one year
    immediately prior to the commencement of the unfitness
    proceeding.
        There is a rebuttable presumption that a parent is
    unfit under this subsection with respect to any child to
    which that parent gives birth where there is a confirmed
    test result that at birth the child's blood, urine, or
    meconium contained any amount of a controlled substance as
    defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act or metabolites of such
    substances, the presence of which in the newborn infant was
    not the result of medical treatment administered to the
    mother or the newborn infant; and the biological mother of
    this child is the biological mother of at least one other
    child who was adjudicated a neglected minor under
    subsection (c) of Section 2-3 of the Juvenile Court Act of
    1987.
        (l) Failure to demonstrate a reasonable degree of
    interest, concern or responsibility as to the welfare of a
    new born child during the first 30 days after its birth.
        (m) Failure by a parent (i) to make reasonable efforts
    to correct the conditions that were the basis for the
    removal of the child from the parent, or (ii) to make
    reasonable progress toward the return of the child to the
    parent within 9 months after an adjudication of neglected
    or abused minor under Section 2-3 of the Juvenile Court Act
    of 1987 or dependent minor under Section 2-4 of that Act,
    or (iii) to make reasonable progress toward the return of
    the child to the parent during any 9-month period after the
    end of the initial 9-month period following the
    adjudication of neglected or abused minor under Section 2-3
    of the Juvenile Court Act of 1987 or dependent minor under
    Section 2-4 of that Act. If a service plan has been
    established as required under Section 8.2 of the Abused and
    Neglected Child Reporting Act to correct the conditions
    that were the basis for the removal of the child from the
    parent and if those services were available, then, for
    purposes of this Act, "failure to make reasonable progress
    toward the return of the child to the parent" includes (I)
    the parent's failure to substantially fulfill his or her
    obligations under the service plan and correct the
    conditions that brought the child into care within 9 months
    after the adjudication under Section 2-3 or 2-4 of the
    Juvenile Court Act of 1987 and (II) the parent's failure to
    substantially fulfill his or her obligations under the
    service plan and correct the conditions that brought the
    child into care during any 9-month period after the end of
    the initial 9-month period following the adjudication
    under Section 2-3 or 2-4 of the Juvenile Court Act of 1987.
    Notwithstanding any other provision, when a petition or
    motion seeks to terminate parental rights on the basis of
    item (iii) of this subsection (m), the petitioner shall
    file with the court and serve on the parties a pleading
    that specifies the 9-month period or periods relied on. The
    pleading shall be filed and served on the parties no later
    than 3 weeks before the date set by the court for closure
    of discovery, and the allegations in the pleading shall be
    treated as incorporated into the petition or motion.
    Failure of a respondent to file a written denial of the
    allegations in the pleading shall not be treated as an
    admission that the allegations are true.
        (m-1) Pursuant to the Juvenile Court Act of 1987, a
    child has been in foster care for 15 months out of any 22
    month period which begins on or after the effective date of
    this amendatory Act of 1998 unless the child's parent can
    prove by a preponderance of the evidence that it is more
    likely than not that it will be in the best interests of
    the child to be returned to the parent within 6 months of
    the date on which a petition for termination of parental
    rights is filed under the Juvenile Court Act of 1987. The
    15 month time limit is tolled during any period for which
    there is a court finding that the appointed custodian or
    guardian failed to make reasonable efforts to reunify the
    child with his or her family, provided that (i) the finding
    of no reasonable efforts is made within 60 days of the
    period when reasonable efforts were not made or (ii) the
    parent filed a motion requesting a finding of no reasonable
    efforts within 60 days of the period when reasonable
    efforts were not made. For purposes of this subdivision
    (m-1), the date of entering foster care is the earlier of:
    (i) the date of a judicial finding at an adjudicatory
    hearing that the child is an abused, neglected, or
    dependent minor; or (ii) 60 days after the date on which
    the child is removed from his or her parent, guardian, or
    legal custodian.
        (n) Evidence of intent to forgo his or her parental
    rights, whether or not the child is a ward of the court,
    (1) as manifested by his or her failure for a period of 12
    months: (i) to visit the child, (ii) to communicate with
    the child or agency, although able to do so and not
    prevented from doing so by an agency or by court order, or
    (iii) to maintain contact with or plan for the future of
    the child, although physically able to do so, or (2) as
    manifested by the father's failure, where he and the mother
    of the child were unmarried to each other at the time of
    the child's birth, (i) to commence legal proceedings to
    establish his paternity under the Illinois Parentage Act of
    1984 or the law of the jurisdiction of the child's birth
    within 30 days of being informed, pursuant to Section 12a
    of this Act, that he is the father or the likely father of
    the child or, after being so informed where the child is
    not yet born, within 30 days of the child's birth, or (ii)
    to make a good faith effort to pay a reasonable amount of
    the expenses related to the birth of the child and to
    provide a reasonable amount for the financial support of
    the child, the court to consider in its determination all
    relevant circumstances, including the financial condition
    of both parents; provided that the ground for termination
    provided in this subparagraph (n)(2)(ii) shall only be
    available where the petition is brought by the mother or
    the husband of the mother.
        Contact or communication by a parent with his or her
    child that does not demonstrate affection and concern does
    not constitute reasonable contact and planning under
    subdivision (n). In the absence of evidence to the
    contrary, the ability to visit, communicate, maintain
    contact, pay expenses and plan for the future shall be
    presumed. The subjective intent of the parent, whether
    expressed or otherwise, unsupported by evidence of the
    foregoing parental acts manifesting that intent, shall not
    preclude a determination that the parent has intended to
    forgo his or her parental rights. In making this
    determination, the court may consider but shall not require
    a showing of diligent efforts by an authorized agency to
    encourage the parent to perform the acts specified in
    subdivision (n).
        It shall be an affirmative defense to any allegation
    under paragraph (2) of this subsection that the father's
    failure was due to circumstances beyond his control or to
    impediments created by the mother or any other person
    having legal custody. Proof of that fact need only be by a
    preponderance of the evidence.
        (o) Repeated or continuous failure by the parents,
    although physically and financially able, to provide the
    child with adequate food, clothing, or shelter.
        (p) Inability to discharge parental responsibilities
    supported by competent evidence from a psychiatrist,
    licensed clinical social worker, or clinical psychologist
    of mental impairment, mental illness or mental retardation
    as defined in Section 1-116 of the Mental Health and
    Developmental Disabilities Code, or developmental
    disability as defined in Section 1-106 of that Code, and
    there is sufficient justification to believe that the
    inability to discharge parental responsibilities shall
    extend beyond a reasonable time period. However, this
    subdivision (p) shall not be construed so as to permit a
    licensed clinical social worker to conduct any medical
    diagnosis to determine mental illness or mental
    impairment.
        (q) (Blank).
        (r) The child is in the temporary custody or
    guardianship of the Department of Children and Family
    Services, the parent is incarcerated as a result of
    criminal conviction at the time the petition or motion for
    termination of parental rights is filed, prior to
    incarceration the parent had little or no contact with the
    child or provided little or no support for the child, and
    the parent's incarceration will prevent the parent from
    discharging his or her parental responsibilities for the
    child for a period in excess of 2 years after the filing of
    the petition or motion for termination of parental rights.
        (s) The child is in the temporary custody or
    guardianship of the Department of Children and Family
    Services, the parent is incarcerated at the time the
    petition or motion for termination of parental rights is
    filed, the parent has been repeatedly incarcerated as a
    result of criminal convictions, and the parent's repeated
    incarceration has prevented the parent from discharging
    his or her parental responsibilities for the child.
        (t) A finding that at birth the child's blood, urine,
    or meconium contained any amount of a controlled substance
    as defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act, or a metabolite of a controlled
    substance, with the exception of controlled substances or
    metabolites of such substances, the presence of which in
    the newborn infant was the result of medical treatment
    administered to the mother or the newborn infant, and that
    the biological mother of this child is the biological
    mother of at least one other child who was adjudicated a
    neglected minor under subsection (c) of Section 2-3 of the
    Juvenile Court Act of 1987, after which the biological
    mother had the opportunity to enroll in and participate in
    a clinically appropriate substance abuse counseling,
    treatment, and rehabilitation program.
    E. "Parent" means the father or mother of a lawful child of
the parties or child born out of wedlock. For the purpose of
this Act, a person who has executed a final and irrevocable
consent to adoption or a final and irrevocable surrender for
purposes of adoption, or whose parental rights have been
terminated by a court, is not a parent of the child who was the
subject of the consent or surrender, unless the consent is void
pursuant to subsection O of Section 10.
    F. A person is available for adoption when the person is:
        (a) a child who has been surrendered for adoption to an
    agency and to whose adoption the agency has thereafter
    consented;
        (b) a child to whose adoption a person authorized by
    law, other than his parents, has consented, or to whose
    adoption no consent is required pursuant to Section 8 of
    this Act;
        (c) a child who is in the custody of persons who intend
    to adopt him through placement made by his parents;
        (c-1) a child for whom a parent has signed a specific
    consent pursuant to subsection O of Section 10;
        (d) an adult who meets the conditions set forth in
    Section 3 of this Act; or
        (e) a child who has been relinquished as defined in
    Section 10 of the Abandoned Newborn Infant Protection Act.
    A person who would otherwise be available for adoption
shall not be deemed unavailable for adoption solely by reason
of his or her death.
    G. The singular includes the plural and the plural includes
the singular and the "male" includes the "female", as the
context of this Act may require.
    H. "Adoption disruption" occurs when an adoptive placement
does not prove successful and it becomes necessary for the
child to be removed from placement before the adoption is
finalized.
    I. "Foreign placing agency" is an agency or individual
operating in a country or territory outside the United States
that is authorized by its country to place children for
adoption either directly with families in the United States or
through United States based international agencies.
    J. "Immediate relatives" means the biological parents, the
parents of the biological parents and siblings of the
biological parents.
    K. "Intercountry adoption" is a process by which a child
from a country other than the United States is adopted.
    L. "Intercountry Adoption Coordinator" is a staff person of
the Department of Children and Family Services appointed by the
Director to coordinate the provision of services by the public
and private sector to prospective parents of foreign-born
children.
    M. "Interstate Compact on the Placement of Children" is a
law enacted by most states for the purpose of establishing
uniform procedures for handling the interstate placement of
children in foster homes, adoptive homes, or other child care
facilities.
    N. "Non-Compact state" means a state that has not enacted
the Interstate Compact on the Placement of Children.
    O. "Preadoption requirements" are any conditions
established by the laws or regulations of the Federal
Government or of each state that must be met prior to the
placement of a child in an adoptive home.
    P. "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be
    inflicted upon the child physical injury, by other than
    accidental means, that causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to
    the child by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    physical or emotional health, or loss or impairment of any
    bodily function;
        (c) commits or allows to be committed any sex offense
    against the child, as sex offenses are defined in the
    Criminal Code of 1961 and extending those definitions of
    sex offenses to include children under 18 years of age;
        (d) commits or allows to be committed an act or acts of
    torture upon the child; or
        (e) inflicts excessive corporal punishment.
    Q. "Neglected child" means any child whose parent or other
person responsible for the child's welfare withholds or denies
nourishment or medically indicated treatment including food or
care denied solely on the basis of the present or anticipated
mental or physical impairment as determined by a physician
acting alone or in consultation with other physicians or
otherwise does not provide the proper or necessary support,
education as required by law, or medical or other remedial care
recognized under State law as necessary for a child's
well-being, or other care necessary for his or her well-being,
including adequate food, clothing and shelter; or who is
abandoned by his or her parents or other person responsible for
the child's welfare.
    A child shall not be considered neglected or abused for the
sole reason that the child's parent or other person responsible
for his or her welfare depends upon spiritual means through
prayer alone for the treatment or cure of disease or remedial
care as provided under Section 4 of the Abused and Neglected
Child Reporting Act. A child shall not be considered neglected
or abused for the sole reason that the child's parent or other
person responsible for the child's welfare failed to vaccinate,
delayed vaccination, or refused vaccination for the child due
to a waiver on religious or medical grounds as permitted by
law.
    R. "Putative father" means a man who may be a child's
father, but who (1) is not married to the child's mother on or
before the date that the child was or is to be born and (2) has
not established paternity of the child in a court proceeding
before the filing of a petition for the adoption of the child.
The term includes a male who is less than 18 years of age.
"Putative father" does not mean a man who is the child's father
as a result of criminal sexual abuse or assault as defined
under Article 12 of the Criminal Code of 1961.
    S. "Standby adoption" means an adoption in which a parent
consents to custody and termination of parental rights to
become effective upon the occurrence of a future event, which
is either the death of the parent or the request of the parent
for the entry of a final judgment of adoption.
    T. (Blank).
(Source: P.A. 93-732, eff. 1-1-05; 94-229, eff. 1-1-06; 94-563,
eff. 1-1-06; 94-939, eff. 1-1-07.)
 
    Section 1115. The Parental Notice of Abortion Act of 1995
is amended by changing Section 10 as follows:
 
    (750 ILCS 70/10)
    Sec. 10. Definitions. As used in this Act:
    "Abortion" means the use of any instrument, medicine, drug,
or any other substance or device to terminate the pregnancy of
a woman known to be pregnant with an intention other than to
increase the probability of a live birth, to preserve the life
or health of a child after live birth, or to remove a dead
fetus.
    "Actual notice" means the giving of notice directly, in
person, or by telephone.
    "Adult family member" means a person over 21 years of age
who is the parent, grandparent, step-parent living in the
household, or legal guardian.
    "Constructive notice" means notice by certified mail to the
last known address of the person entitled to notice with
delivery deemed to have occurred 48 hours after the certified
notice is mailed.
    "Incompetent" means any person who has been adjudged as
mentally ill or developmentally disabled and who, because of
her mental illness or developmental disability, is not fully
able to manage her person and for whom a guardian of the person
has been appointed under Section 11a-3(a)(1) of the Probate Act
of 1975.
    "Medical emergency" means a condition that, on the basis of
the physician's good faith clinical judgment, so complicates
the medical condition of a pregnant woman as to necessitate the
immediate abortion of her pregnancy to avert her death or for
which a delay will create serious risk of substantial and
irreversible impairment of major bodily function.
    "Minor" means any person under 18 years of age who is not
or has not been married or who has not been emancipated under
the Emancipation of Minors Act.
    "Neglect" means the failure of an adult family member to
supply a child with necessary food, clothing, shelter, or
medical care when reasonably able to do so or the failure to
protect a child from conditions or actions that imminently and
seriously endanger the child's physical or mental health when
reasonably able to do so.
    "Physical abuse" means any physical injury intentionally
inflicted by an adult family member on a child.
    "Physician" means any person licensed to practice medicine
in all its branches under the Illinois Medical Practice Act of
1987.
    "Sexual abuse" means any sexual conduct or sexual
penetration as defined in Section 11-0.1 12-12 of the Criminal
Code of 1961 that is prohibited by the criminal laws of the
State of Illinois and committed against a minor by an adult
family member as defined in this Act.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 1120. The Landlord and Tenant Act is amended by
changing Section 10 as follows:
 
    (765 ILCS 705/10)
    Sec. 10. Failure to inform lessor who is a child sex
offender and who resides in the same building in which the
lessee resides or intends to reside that the lessee is a parent
or guardian of a child under 18 years of age. If a lessor of
residential real estate resides at such real estate and is a
child sex offender as defined in Section 11-9.3 or 11-9.4 of
the Criminal Code of 1961 and rents such real estate to a
person who does not inform the lessor that the person is a
parent or guardian of a child or children under 18 years of age
and subsequent to such lease, the lessee discovers that the
landlord is a child sex offender, then the lessee may not
terminate the lease based upon such discovery that the lessor
is a child sex offender and such lease shall be in full force
and effect. This subsection shall apply only to leases or other
rental arrangements entered into after the effective date of
this amendatory Act of the 95th General Assembly.
(Source: P.A. 95-820, eff. 1-1-09.)
 
    Section 1125. The Illinois Securities Law of 1953 is
amended by changing Section 7a as follows:
 
    (815 ILCS 5/7a)  (from Ch. 121 1/2, par. 137.7a)
    Sec. 7a. (a) Except as provided in subsection (b) of this
Section, no securities, issued by an issuer engaged in or
deriving revenues from the conduct of any business or
profession, the conduct of which would violate Section 11-14,
11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), or
(a)(3) or that involves soliciting for a juvenile prostitute,
11-15, 11-15.1, 11-16, 11-17, 11-19 or 11-19.1 of the Criminal
Code of 1961, as now or hereafter amended, if conducted in this
State, shall be sold or registered pursuant to Section 5, 6 or
7 of this Act nor sold pursuant to the provisions of Section 3
or 4 of this Act.
    (b) Notwithstanding the provisions of subsection (a)
hereof, such securities issued prior to the effective date of
this amendatory Act of 1989 may be sold by a resident of this
State in transactions which qualify for an exemption from the
registration requirements of this Act pursuant to subsection A
of Section 4 of this Act.
(Source: P.A. 86-526.)
 
    Section 1130. The Victims' Economic Security and Safety Act
is amended by changing Section 10 as follows:
 
    (820 ILCS 180/10)
    Sec. 10. Definitions. In this Act, except as otherwise
expressly provided:
        (1) "Commerce" includes trade, traffic, commerce,
    transportation, or communication; and "industry or
    activity affecting commerce" means any activity, business,
    or industry in commerce or in which a labor dispute would
    hinder or obstruct commerce or the free flow of commerce,
    and includes "commerce" and any "industry affecting
    commerce".
        (2) "Course of conduct" means a course of repeatedly
    maintaining a visual or physical proximity to a person or
    conveying oral or written threats, including threats
    conveyed through electronic communications, or threats
    implied by conduct.
        (3) "Department" means the Department of Labor.
        (4) "Director" means the Director of Labor.
        (5) "Domestic or sexual violence" means domestic
    violence, sexual assault, or stalking.
        (6) "Domestic violence" means abuse, as defined in
    Section 103 of the Illinois Domestic Violence Act of 1986,
    by a family or household member, as defined in Section 103
    of the Illinois Domestic Violence Act of 1986.
        (7) "Electronic communications" includes
    communications via telephone, mobile phone, computer,
    e-mail, video recorder, fax machine, telex, or pager, or
    any other electronic communication, as defined in Section
    12-7.5 of the Criminal Code of 1961.
        (8) "Employ" includes to suffer or permit to work.
        (9) Employee.
            (A) In general. "Employee" means any person
        employed by an employer.
            (B) Basis. "Employee" includes a person employed
        as described in subparagraph (A) on a full or part-time
        basis, or as a participant in a work assignment as a
        condition of receipt of federal or State income-based
        public assistance.
        (10) "Employer" means any of the following: (A) the
    State or any agency of the State; (B) any unit of local
    government or school district; or (C) any person that
    employs at least 15 employees.
        (11) "Employment benefits" means all benefits provided
    or made available to employees by an employer, including
    group life insurance, health insurance, disability
    insurance, sick leave, annual leave, educational benefits,
    pensions, and profit-sharing, regardless of whether such
    benefits are provided by a practice or written policy of an
    employer or through an "employee benefit plan". "Employee
    benefit plan" or "plan" means an employee welfare benefit
    plan or an employee pension benefit plan or a plan which is
    both an employee welfare benefit plan and an employee
    pension benefit plan.
        (12) "Family or household member", for employees with a
    family or household member who is a victim of domestic or
    sexual violence, means a spouse, parent, son, daughter,
    other person related by blood or by present or prior
    marriage, other person who shares a relationship through a
    son or daughter, and persons jointly residing in the same
    household.
        (13) "Parent" means the biological parent of an
    employee or an individual who stood in loco parentis to an
    employee when the employee was a son or daughter. "Son or
    daughter" means a biological, adopted, or foster child, a
    stepchild, a legal ward, or a child of a person standing in
    loco parentis, who is under 18 years of age, or is 18 years
    of age or older and incapable of self-care because of a
    mental or physical disability.
        (14) "Perpetrator" means an individual who commits or
    is alleged to have committed any act or threat of domestic
    or sexual violence.
        (15) "Person" means an individual, partnership,
    association, corporation, business trust, legal
    representative, or any organized group of persons.
        (16) "Public agency" means the Government of the State
    or political subdivision thereof; any agency of the State,
    or of a political subdivision of the State; or any
    governmental agency.
        (17) "Public assistance" includes cash, food stamps,
    medical assistance, housing assistance, and other benefits
    provided on the basis of income by a public agency or
    public employer.
        (18) "Reduced work schedule" means a work schedule that
    reduces the usual number of hours per workweek, or hours
    per workday, of an employee.
        (19) "Repeatedly" means on 2 or more occasions.
        (20) "Sexual assault" means any conduct proscribed by
    the Criminal Code of 1961 in Sections 11-1.20, 11-1.30,
    11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15,
    and 12-16.
        (21) "Stalking" means any conduct proscribed by the
    Criminal Code of 1961 in Sections 12-7.3, 12-7.4, and
    12-7.5.
        (22) "Victim" or "survivor" means an individual who has
    been subjected to domestic or sexual violence.
        (23) "Victim services organization" means a nonprofit,
    nongovernmental organization that provides assistance to
    victims of domestic or sexual violence or to advocates for
    such victims, including a rape crisis center, an
    organization carrying out a domestic violence program, an
    organization operating a shelter or providing counseling
    services, or a legal services organization or other
    organization providing assistance through the legal
    process.
(Source: P.A. 96-635, eff. 8-24-09.)
 
Article 5.

 
    Section 5-5. The Criminal Code of 1961 is amended: by
adding the headings of Subdivisions 1, 5, 10, 15, 20, 25, 30,
and 35 of Article 17; by adding Sections 17-0.5, 17-3.5,
17-5.7, 17-6.3, 17-6.5, 17-8.5, 17-10.3, 17-10.5, 17-10.6,
17-10.7, 17-31, 17-32, 17-33, 17-34, 17-35, 17-36, 17-37,
17-38, 17-39, 17-40, 17-41, 17-42, 17-43, 17-44, 17-45, 17-46,
17-47, 17-48, 17-49, 17-49.5, 17-55, 17-61, and 17-62; by
changing the heading of Article 17 and changing Sections 17-1,
17-1b, 17-2, 17-3, 17-5, 17-5.5, 17-6, 17-9, 17-11, 17-11.2,
17-13, 17-17, 17-20, 17-21, 17-24, 17-26, and 17-27; and by
changing and renumbering Sections 16-1.3, 16-22, 16C-2, 16D-3,
16D-4, 16D-5, 16D-5.5, 16D-6, 16D-7, 17-7, 17-16, 17-22, 17-28,
17-29, and 39-1 as follows:
 
    (720 ILCS 5/Art. 17 heading)
ARTICLE 17. DECEPTION AND FRAUD

 
    (720 ILCS 5/Art. 17, Subdiv. 1 heading new)
SUBDIVISION 1. GENERAL DEFINITIONS

 
    (720 ILCS 5/17-0.5 new)
    Sec. 17-0.5. Definitions. In this Article:
    "Altered credit card or debit card" means any instrument or
device, whether known as a credit card or debit card, which has
been changed in any respect by addition or deletion of any
material, except for the signature by the person to whom the
card is issued.
    "Cardholder" means the person or organization named on the
face of a credit card or debit card to whom or for whose
benefit the credit card or debit card is issued by an issuer.
    "Computer" means a device that accepts, processes, stores,
retrieves, or outputs data and includes, but is not limited to,
auxiliary storage and telecommunications devices connected to
computers.
    "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more than one computer with the capability to transmit data
between them through the communications facilities.
    "Computer program" or "program" means a series of coded
instructions or statements in a form acceptable to a computer
which causes the computer to process data and supply the
results of the data processing.
    "Computer services" means computer time or services,
including data processing services, Internet services,
electronic mail services, electronic message services, or
information or data stored in connection therewith.
    "Counterfeit" means to manufacture, produce or create, by
any means, a credit card or debit card without the purported
issuer's consent or authorization.
    "Credit card" means any instrument or device, whether known
as a credit card, credit plate, charge plate or any other name,
issued with or without fee by an issuer for the use of the
cardholder in obtaining money, goods, services or anything else
of value on credit or in consideration or an undertaking or
guaranty by the issuer of the payment of a check drawn by the
cardholder.
    "Data" means a representation in any form of information,
knowledge, facts, concepts, or instructions, including program
documentation, which is prepared or has been prepared in a
formalized manner and is stored or processed in or transmitted
by a computer or in a system or network. Data is considered
property and may be in any form, including, but not limited to,
printouts, magnetic or optical storage media, punch cards, or
data stored internally in the memory of the computer.
    "Debit card" means any instrument or device, known by any
name, issued with or without fee by an issuer for the use of
the cardholder in obtaining money, goods, services, and
anything else of value, payment of which is made against funds
previously deposited by the cardholder. A debit card which also
can be used to obtain money, goods, services and anything else
of value on credit shall not be considered a debit card when it
is being used to obtain money, goods, services or anything else
of value on credit.
    "Document" includes, but is not limited to, any document,
representation, or image produced manually, electronically, or
by computer.
    "Electronic fund transfer terminal" means any machine or
device that, when properly activated, will perform any of the
following services:
        (1) Dispense money as a debit to the cardholder's
    account; or
        (2) Print the cardholder's account balances on a
    statement; or
        (3) Transfer funds between a cardholder's accounts; or
        (4) Accept payments on a cardholder's loan; or
        (5) Dispense cash advances on an open end credit or a
    revolving charge agreement; or
        (6) Accept deposits to a customer's account; or
        (7) Receive inquiries of verification of checks and
    dispense information that verifies that funds are
    available to cover such checks; or
        (8) Cause money to be transferred electronically from a
    cardholder's account to an account held by any business,
    firm, retail merchant, corporation, or any other
    organization.
    "Electronic funds transfer system", hereafter referred to
as "EFT System", means that system whereby funds are
transferred electronically from a cardholder's account to any
other account.
    "Electronic mail service provider" means any person who (i)
is an intermediary in sending or receiving electronic mail and
(ii) provides to end-users of electronic mail services the
ability to send or receive electronic mail.
    "Expired credit card or debit card" means a credit card or
debit card which is no longer valid because the term on it has
elapsed.
    "False academic degree" means a certificate, diploma,
transcript, or other document purporting to be issued by an
institution of higher learning or purporting to indicate that a
person has completed an organized academic program of study at
an institution of higher learning when the person has not
completed the organized academic program of study indicated on
the certificate, diploma, transcript, or other document.
    "False claim" means any statement made to any insurer,
purported insurer, servicing corporation, insurance broker, or
insurance agent, or any agent or employee of one of those
entities, and made as part of, or in support of, a claim for
payment or other benefit under a policy of insurance, or as
part of, or in support of, an application for the issuance of,
or the rating of, any insurance policy, when the statement does
any of the following:
        (1) Contains any false, incomplete, or misleading
    information concerning any fact or thing material to the
    claim.
        (2) Conceals (i) the occurrence of an event that is
    material to any person's initial or continued right or
    entitlement to any insurance benefit or payment or (ii) the
    amount of any benefit or payment to which the person is
    entitled.
    "Financial institution" means any bank, savings and loan
association, credit union, or other depository of money or
medium of savings and collective investment.
    "Governmental entity" means: each officer, board,
commission, and agency created by the Constitution, whether in
the executive, legislative, or judicial branch of State
government; each officer, department, board, commission,
agency, institution, authority, university, and body politic
and corporate of the State; each administrative unit or
corporate outgrowth of State government that is created by or
pursuant to statute, including units of local government and
their officers, school districts, and boards of election
commissioners; and each administrative unit or corporate
outgrowth of the foregoing items and as may be created by
executive order of the Governor.
    "Incomplete credit card or debit card" means a credit card
or debit card which is missing part of the matter other than
the signature of the cardholder which an issuer requires to
appear on the credit card or debit card before it can be used
by a cardholder, and this includes credit cards or debit cards
which have not been stamped, embossed, imprinted or written on.
    "Institution of higher learning" means a public or private
college, university, or community college located in the State
of Illinois that is authorized by the Board of Higher Education
or the Illinois Community College Board to issue post-secondary
degrees, or a public or private college, university, or
community college located anywhere in the United States that is
or has been legally constituted to offer degrees and
instruction in its state of origin or incorporation.
    "Insurance company" means "company" as defined under
Section 2 of the Illinois Insurance Code.
    "Issuer" means the business organization or financial
institution which issues a credit card or debit card, or its
duly authorized agent.
    "Merchant" has the meaning ascribed to it in Section
16A-2.4 of this Code.
    "Person" means any individual, corporation, government,
governmental subdivision or agency, business trust, estate,
trust, partnership or association or any other entity.
    "Receives" or "receiving" means acquiring possession or
control.
    "Record of charge form" means any document submitted or
intended to be submitted to an issuer as evidence of a credit
transaction for which the issuer has agreed to reimburse
persons providing money, goods, property, services or other
things of value.
    "Revoked credit card or debit card" means a credit card or
debit card which is no longer valid because permission to use
it has been suspended or terminated by the issuer.
    "Sale" means any delivery for value.
    "Scheme or artifice to defraud" includes a scheme or
artifice to deprive another of the intangible right to honest
services.
    "Self-insured entity" means any person, business,
partnership, corporation, or organization that sets aside
funds to meet his, her, or its losses or to absorb fluctuations
in the amount of loss, the losses being charged against the
funds set aside or accumulated.
    "Social networking website" means an Internet website
containing profile web pages of the members of the website that
include the names or nicknames of such members, photographs
placed on the profile web pages by such members, or any other
personal or personally identifying information about such
members and links to other profile web pages on social
networking websites of friends or associates of such members
that can be accessed by other members or visitors to the
website. A social networking website provides members of or
visitors to such website the ability to leave messages or
comments on the profile web page that are visible to all or
some visitors to the profile web page and may also include a
form of electronic mail for members of the social networking
website.
    "Statement" means any assertion, oral, written, or
otherwise, and includes, but is not limited to: any notice,
letter, or memorandum; proof of loss; bill of lading; receipt
for payment; invoice, account, or other financial statement;
estimate of property damage; bill for services; diagnosis or
prognosis; prescription; hospital, medical, or dental chart or
other record, x-ray, photograph, videotape, or movie film; test
result; other evidence of loss, injury, or expense;
computer-generated document; and data in any form.
    "Universal Price Code Label" means a unique symbol that
consists of a machine-readable code and human-readable
numbers.
    "With intent to defraud" means to act knowingly, and with
the specific intent to deceive or cheat, for the purpose of
causing financial loss to another or bringing some financial
gain to oneself, regardless of whether any person was actually
defrauded or deceived. This includes an intent to cause another
to assume, create, transfer, alter, or terminate any right,
obligation, or power with reference to any person or property.
 
    (720 ILCS 5/Art. 17, Subdiv. 5 heading new)
SUBDIVISION 5. DECEPTION

 
    (720 ILCS 5/17-1)  (from Ch. 38, par. 17-1)
    Sec. 17-1. Deceptive practices.
(A) Definitions.
    As used in this Section:
        (i) "Financial institution" means any bank, savings
    and loan association, credit union, or other depository of
    money, or medium of savings and collective investment.
        (ii) An "account holder" is any person having a
    checking account or savings account in a financial
    institution.
        (iii) To act with the "intent to defraud" means to act
    wilfully, and with the specific intent to deceive or cheat,
    for the purpose of causing financial loss to another, or to
    bring some financial gain to oneself. It is not necessary
    to establish that any person was actually defrauded or
    deceived.
 
(A) (B) General deception Deception.
    A person commits a deceptive practice when, with intent to
defraud, the person does any of the following:
        (1) (a) He or she knowingly causes another, by
    deception or threat, to execute a document disposing of
    property or a document by which a pecuniary obligation is
    incurred.
        (2) (b) Being an officer, manager or other person
    participating in the direction of a financial institution,
    he or she knowingly receives or permits the receipt of a
    deposit or other investment, knowing that the institution
    is insolvent.
        (3) (c) He or she knowingly makes or directs another to
    make a false or deceptive statement addressed to the public
    for the purpose of promoting the sale of property or
    services.
 
(B) Bad checks.
    A person commits a deceptive practice when:
        (1) (d) With intent to obtain control over property or
    to pay for property, labor or services of another, or in
    satisfaction of an obligation for payment of tax under the
    Retailers' Occupation Tax Act or any other tax due to the
    State of Illinois, he or she issues or delivers a check or
    other order upon a real or fictitious depository for the
    payment of money, knowing that it will not be paid by the
    depository. The trier of fact may infer that the defendant
    knows that the check or other order will not be paid by the
    depository and that the defendant has acted with intent to
    defraud when the defendant fails Failure to have sufficient
    funds or credit with the depository when the check or other
    order is issued or delivered, or when such check or other
    order is presented for payment and dishonored on each of 2
    occasions at least 7 days apart, is prima facie evidence
    that the offender knows that it will not be paid by the
    depository, and that he or she has the intent to defraud.
    In this paragraph (B)(1) (d), "property" includes rental
    property (real or personal).
        (2) (e) He or she issues or delivers a check or other
    order upon a real or fictitious depository in an amount
    exceeding $150 in payment of an amount owed on any credit
    transaction for property, labor or services, or in payment
    of the entire amount owed on any credit transaction for
    property, labor or services, knowing that it will not be
    paid by the depository, and thereafter fails to provide
    funds or credit with the depository in the face amount of
    the check or order within 7 days of receiving actual notice
    from the depository or payee of the dishonor of the check
    or order.
Sentence.
    A person convicted of a deceptive practice under paragraph
(a), (b), (c), (d), or (e) of this subsection (B), except as
otherwise provided by this Section, is guilty of a Class A
misdemeanor.
    A person convicted of a deceptive practice in violation of
paragraph (d) a second or subsequent time shall be guilty of a
Class 4 felony.
    A person convicted of deceptive practices in violation of
paragraph (a) or (d), when the value of the property so
obtained, in a single transaction, or in separate transactions
within a 90 day period, exceeds $150, shall be guilty of a
Class 4 felony. In the case of a prosecution for separate
transactions totaling more than $150 within a 90 day period,
such separate transactions shall be alleged in a single charge
and provided in a single prosecution.
 
(C) Bank-related fraud Deception on a Bank or Other Financial
Institution.
    (1) False statement Statements.
    A person commits false statement bank fraud if he or she
Any person who, with the intent to defraud, makes or causes to
be made any false statement in writing in order to obtain an
account with a bank or other financial institution, or to
obtain credit from a bank or other financial institution, or to
obtain services from a currency exchange, knowing such writing
to be false, and with the intent that it be relied upon, is
guilty of a Class A misdemeanor.
    For purposes of this subsection (C), a false statement
means shall mean any false statement representing identity,
address, or employment, or the identity, address, or employment
of any person, firm, or corporation.
    (2) Possession of stolen or fraudulently obtained checks
Stolen or Fraudulently Obtained Checks.
    A person commits possession of stolen or fraudulently
obtained checks when he or she Any person who possesses, with
the intent to obtain access to funds of another person held in
a real or fictitious deposit account at a financial
institution, makes a false statement or a misrepresentation to
the financial institution, or possesses, transfers,
negotiates, or presents for payment a check, draft, or other
item purported to direct the financial institution to withdraw
or pay funds out of the account holder's deposit account with
knowledge that such possession, transfer, negotiation, or
presentment is not authorized by the account holder or the
issuing financial institution is guilty of a Class A
misdemeanor. A person shall be deemed to have been authorized
to possess, transfer, negotiate, or present for payment such
item if the person was otherwise entitled by law to withdraw or
recover funds from the account in question and followed the
requisite procedures under the law. If In the event that the
account holder, upon discovery of the withdrawal or payment,
claims that the withdrawal or payment was not authorized, the
financial institution may require the account holder to submit
an affidavit to that effect on a form satisfactory to the
financial institution before the financial institution may be
required to credit the account in an amount equal to the amount
or amounts that were withdrawn or paid without authorization.
    Any person who, within any 12 month period, violates this
Section with respect to 3 or more checks or orders for the
payment of money at the same time or consecutively, each the
property of a different account holder or financial
institution, is guilty of a Class 4 felony.
    (3) Possession of implements of check fraud Implements of
Check Fraud.
    A person commits possession of implements of check fraud
when he or she Any person who possesses, with the intent to
defraud and without the authority of the account holder or
financial institution, any check imprinter, signature
imprinter, or "certified" stamp is guilty of a Class A
misdemeanor.
 
    (D) Sentence.
        (1) The commission of a deceptive practice in violation
    of this Section, except as otherwise provided by this
    subsection (D), is a Class A misdemeanor.
        (2) For purposes of paragraphs (A)(1) and (B)(1):
            (a) The commission of a deceptive practice in
        violation of paragraph (A)(1) or (B)(1), when the value
        of the property so obtained, in a single transaction or
        in separate transactions within a 90-day period,
        exceeds $150, is a Class 4 felony. In the case of a
        prosecution for separate transactions totaling more
        than $150 within a 90-day period, those separate
        transactions shall be alleged in a single charge and
        prosecuted in a single prosecution.
            (b) The commission of a deceptive practice in
        violation of paragraph (B)(1) a second or subsequent
        time is a Class 4 felony.
        (3) For purposes of paragraph (C)(2), a person who,
    within any 12-month period, violates paragraph (C)(2) with
    respect to 3 or more checks or orders for the payment of
    money at the same time or consecutively, each the property
    of a different account holder or financial institution, is
    guilty of a Class 4 felony.
        (4) For purposes of paragraph (C)(3), a person who
    within any 12-month period violates paragraph (C)(3) as to
    possession of 3 or more such devices at the same time or
    consecutively is guilty of a Class 4 felony.
 
    (E) Civil liability. A person who issues a check or order
to a payee in violation of paragraph (B)(1) and who fails to
pay the amount of the check or order to the payee within 30
days following either delivery and acceptance by the addressee
of a written demand both by certified mail and by first class
mail to the person's last known address or attempted delivery
of a written demand sent both by certified mail and by first
class mail to the person's last known address and the demand by
certified mail is returned to the sender with a notation that
delivery was refused or unclaimed shall be liable to the payee
or a person subrogated to the rights of the payee for, in
addition to the amount owing upon such check or order, damages
of treble the amount so owing, but in no case less than $100
nor more than $1,500, plus attorney's fees and court costs. An
action under this subsection (E) may be brought in small claims
court or in any other appropriate court. As part of the written
demand required by this subsection (E), the plaintiff shall
provide written notice to the defendant of the fact that prior
to the hearing of any action under this subsection (E), the
defendant may tender to the plaintiff and the plaintiff shall
accept, as satisfaction of the claim, an amount of money equal
to the sum of the amount of the check and the incurred court
costs, including the cost of service of process, and attorney's
fees.
    A person who within any 12 month period violates this
subsection (C) as to possession of 3 or more such devices at
the same time or consecutively, is guilty of a Class 4 felony.
    (4) Possession of Identification Card.
    Any person who, with the intent to defraud, possesses any
check guarantee card or key card or identification card for
cash dispensing machines without the authority of the account
holder or financial institution is guilty of a Class A
misdemeanor.
    A person who, within any 12 month period, violates this
Section at the same time or consecutively with respect to 3 or
more cards, each the property of different account holders, is
guilty of a Class 4 felony.
    A person convicted under this Section, when the value of
property so obtained, in a single transaction, or in separate
transactions within any 90 day period, exceeds $150 shall be
guilty of a Class 4 felony.
(Source: P.A. 96-1432, eff. 1-1-11.)
 
    (720 ILCS 5/17-1b)
    Sec. 17-1b. State's Attorney's bad check diversion
program.
    (a) In this Section:
    "Offender" means a person charged with, or for whom
probable cause exists to charge the person with, deceptive
practices.
    "Pretrial diversion" means the decision of a prosecutor to
refer an offender to a diversion program on condition that the
criminal charges against the offender will be dismissed after a
specified period of time, or the case will not be charged, if
the offender successfully completes the program.
    "Restitution" means all amounts payable to a victim of
deceptive practices under the bad check diversion program
created under this Section, including the amount of the check
and any transaction fees payable to a victim as set forth in
subsection (g) but does not include amounts recoverable under
Section 3-806 of the Uniform Commercial Code and subsection (E)
of Section 17-1 17-1a of this Code.
    (b) A State's Attorney may create within his or her office
a bad check diversion program for offenders who agree to
voluntarily participate in the program instead of undergoing
prosecution. The program may be conducted by the State's
Attorney or by a private entity under contract with the State's
Attorney. If the State's Attorney contracts with a private
entity to perform any services in operating the program, the
entity shall operate under the supervision, direction, and
control of the State's Attorney. Any private entity providing
services under this Section is not a "collection agency" as
that term is defined under the Collection Agency Act.
    (c) If an offender is referred to the State's Attorney, the
State's Attorney may determine whether the offender is
appropriate for acceptance in the program. The State's Attorney
may consider, but shall not be limited to consideration of, the
following factors:
        (1) the amount of the check that was drawn or passed;
        (2) prior referrals of the offender to the program;
        (3) whether other charges of deceptive practices are
    pending against the offender;
        (4) the evidence presented to the State's Attorney
    regarding the facts and circumstances of the incident;
        (5) the offender's criminal history; and
        (6) the reason the check was dishonored by the
    financial institution.
    (d) The bad check diversion program may require an offender
to do one or more of the following:
        (i) pay for, at his or her own expense, and
    successfully complete an educational class held by the
    State's Attorney or a private entity under contract with
    the State's Attorney;
        (ii) make full restitution for the offense;
        (iii) pay a per-check administrative fee as set forth
    in this Section.
    (e) If an offender is diverted to the program, the State's
Attorney shall agree in writing not to prosecute the offender
upon the offender's successful completion of the program
conditions. The State's Attorney's agreement to divert the
offender shall specify the offenses that will not be prosecuted
by identifying the checks involved in the transactions.
    (f) The State's Attorney, or private entity under contract
with the State's Attorney, may collect a fee from an offender
diverted to the State's Attorney's bad check diversion program.
This fee may be deposited in a bank account maintained by the
State's Attorney for the purpose of depositing fees and paying
the expenses of the program or for use in the enforcement and
prosecution of criminal laws. The State's Attorney may require
that the fee be paid directly to a private entity that
administers the program under a contract with the State's
Attorney. The amount of the administrative fees collected by
the State's Attorney under the program may not exceed $35 per
check. The county board may, however, by ordinance, increase
the fees allowed by this Section if the increase is justified
by an acceptable cost study showing that the fees allowed by
this Section are not sufficient to cover the cost of providing
the service.
    (g)  (1) The private entity shall be required to maintain
    adequate general liability insurance of $1,000,000 per
    occurrence as well as adequate coverage for potential loss
    resulting from employee dishonesty. The State's Attorney
    may require a surety bond payable to the State's Attorney
    if in the State's Attorney's opinion it is determined that
    the private entity is not adequately insured or funded.
        (2)  (A) Each private entity that has a contract with
        the State's Attorney to conduct a bad check diversion
        program shall at all times maintain a separate bank
        account in which all moneys received from the offenders
        participating in the program shall be deposited,
        referred to as a "trust account" "Trust Account",
        except that negotiable instruments received may be
        forwarded directly to a victim of the deceptive
        practice committed by the offender if that procedure is
        provided for by a writing executed by the victim.
        Moneys received shall be so deposited within 5 business
        days after posting to the private entity's books of
        account. There shall be sufficient funds in the trust
        account at all times to pay the victims the amount due
        them.
            (B) The trust account shall be established in a
        financial institution bank, savings and loan
        association, or other recognized depository which is
        federally or State insured or otherwise secured as
        defined by rule. If the account is interest bearing,
        the private entity shall pay to the victim interest
        earned on funds on deposit after the 60th day.
            (C) Each private entity shall keep on file the name
        of the financial institution bank, savings and loan
        association, or other recognized depository in which
        each trust account is maintained, the name of each
        trust account, and the names of the persons authorized
        to withdraw funds from each account. The private
        entity, within 30 days of the time of a change of
        depository or person authorized to make withdrawal,
        shall update its files to reflect that change. An
        examination and audit of a private entity's trust
        accounts may be made by the State's Attorney as the
        State's Attorney deems appropriate. A trust account
        financial report shall be submitted annually on forms
        acceptable to the State's Attorney.
        (3) The State's Attorney may cancel a contract entered
    into with a private entity under this Section for any one
    or any combination of the following causes:
            (A) Conviction of the private entity or the
        principals of the private entity of any crime under the
        laws of any U.S. jurisdiction which is a felony, a
        misdemeanor an essential element of which is
        dishonesty, or of any crime which directly relates to
        the practice of the profession.
            (B) A determination that the private entity has
        engaged in conduct prohibited in item (4).
        (4) The State's Attorney may determine whether the
    private entity has engaged in the following prohibited
    conduct:
            (A) Using or threatening to use force or violence
        to cause physical harm to an offender, his or her
        family, or his or her property.
            (B) Threatening the seizure, attachment, or sale
        of an offender's property where such action can only be
        taken pursuant to court order without disclosing that
        prior court proceedings are required.
            (C) Disclosing or threatening to disclose
        information adversely affecting an offender's
        reputation for creditworthiness with knowledge the
        information is false.
            (D) Initiating or threatening to initiate
        communication with an offender's employer unless there
        has been a default of the payment of the obligation for
        at least 30 days and at least 5 days prior written
        notice, to the last known address of the offender, of
        the intention to communicate with the employer has been
        given to the employee, except as expressly permitted by
        law or court order.
            (E) Communicating with the offender or any member
        of the offender's family at such a time of day or night
        and with such frequency as to constitute harassment of
        the offender or any member of the offender's family.
        For purposes of this clause (E) the following conduct
        shall constitute harassment:
                (i) Communicating with the offender or any
            member of his or her family at any unusual time or
            place or a time or place known or which should be
            known to be inconvenient to the offender. In the
            absence of knowledge of circumstances to the
            contrary, a private entity shall assume that the
            convenient time for communicating with a consumer
            is after 8 o'clock a.m. and before 9 o'clock p.m.
            local time at the offender's residence.
                (ii) The threat of publication or publication
            of a list of offenders who allegedly refuse to pay
            restitution, except by the State's Attorney.
                (iii) The threat of advertisement or
            advertisement for sale of any restitution to
            coerce payment of the restitution.
                (iv) Causing a telephone to ring or engaging
            any person in telephone conversation repeatedly or
            continuously with intent to annoy, abuse, or
            harass any person at the called number.
                (v) Using profane, obscene or abusive language
            in communicating with an offender, his or her
            family, or others.
                (vi) Disclosing or threatening to disclose
            information relating to a offender's case to any
            other person except the victim and appropriate law
            enforcement personnel.
                (vii) Disclosing or threatening to disclose
            information concerning the alleged criminal act
            which the private entity knows to be reasonably
            disputed by the offender without disclosing the
            fact that the offender disputes the accusation.
                (viii) Engaging in any conduct which the
            State's Attorney finds was intended to cause and
            did cause mental or physical illness to the
            offender or his or her family.
                (ix) Attempting or threatening to enforce a
            right or remedy with knowledge or reason to know
            that the right or remedy does not exist.
                (x) Except as authorized by the State's
            Attorney, using any form of communication which
            simulates legal or judicial process or which gives
            the appearance of being authorized, issued or
            approved by a governmental agency or official or by
            an attorney at law when it is not.
                (xi) Using any badge, uniform, or other
            indicia of any governmental agency or official,
            except as authorized by law or by the State's
            Attorney.
                (xii) Except as authorized by the State's
            Attorney, conducting business under any name or in
            any manner which suggests or implies that the
            private entity is bonded if such private entity is
            or is a branch of or is affiliated with any
            governmental agency or court if such private
            entity is not.
                (xiii) Misrepresenting the amount of the
            restitution alleged to be owed.
                (xiv) Except as authorized by the State's
            Attorney, representing that an existing
            restitution amount may be increased by the
            addition of attorney's fees, investigation fees,
            or any other fees or charges when those fees or
            charges may not legally be added to the existing
            restitution.
                (xv) Except as authorized by the State's
            Attorney, representing that the private entity is
            an attorney at law or an agent for an attorney if
            the entity is not.
                (xvi) Collecting or attempting to collect any
            interest or other charge or fee in excess of the
            actual restitution or claim unless the interest or
            other charge or fee is expressly authorized by the
            State's Attorney, who shall determine what
            constitutes a reasonable collection fee.
                (xvii) Communicating or threatening to
            communicate with an offender when the private
            entity is informed in writing by an attorney that
            the attorney represents the offender concerning
            the claim, unless authorized by the attorney. If
            the attorney fails to respond within a reasonable
            period of time, the private entity may communicate
            with the offender. The private entity may
            communicate with the offender when the attorney
            gives his consent.
                (xviii) Engaging in dishonorable, unethical,
            or unprofessional conduct of a character likely to
            deceive, defraud, or harm the public.
        (5) The State's Attorney shall audit the accounts of
    the bad check diversion program after notice in writing to
    the private entity.
        (6) Any information obtained by a private entity that
    has a contract with the State's Attorney to conduct a bad
    check diversion program is confidential information
    between the State's Attorney and the private entity and may
    not be sold or used for any other purpose but may be shared
    with other authorized law enforcement agencies as
    determined by the State's Attorney.
    (h) The State's Attorney, or private entity under contract
with the State's Attorney, shall recover, in addition to the
face amount of the dishonored check or draft, a transaction fee
to defray the costs and expenses incurred by a victim who
received a dishonored check that was made or delivered by the
offender. The face amount of the dishonored check or draft and
the transaction fee shall be paid by the State's Attorney or
private entity under contract with the State's Attorney to the
victim as restitution for the offense. The amount of the
transaction fee must not exceed: $25 if the face amount of the
check or draft does not exceed $100; $30 if the face amount of
the check or draft is greater than $100 but does not exceed
$250; $35 if the face amount of the check or draft is greater
than $250 but does not exceed $500; $40 if the face amount of
the check or draft is greater than $500 but does not exceed
$1,000; and $50 if the face amount of the check or draft is
greater than $1,000.
    (i) The offender, if aggrieved by an action of the private
entity contracted to operate a bad check diversion program, may
submit a grievance to the State's Attorney who may then resolve
the grievance. The private entity must give notice to the
offender that the grievance procedure is available. The
grievance procedure shall be established by the State's
Attorney.
(Source: P.A. 95-41, eff. 1-1-08.)
 
    (720 ILCS 5/17-2)  (from Ch. 38, par. 17-2)
    Sec. 17-2. False personation; use of title; solicitation;
certain entities.
    (a) False personation; solicitation.
        (1) A person commits a false personation when he or she
    knowingly and falsely represents himself or herself to be a
    member or representative of any veterans' or public safety
    personnel organization or a representative of any
    charitable organization, or when he or she knowingly any
    person exhibits or uses in any manner any decal, badge or
    insignia of any charitable, public safety personnel, or
    veterans' organization when not authorized to do so by the
    charitable, public safety personnel, or veterans'
    organization. "Public safety personnel organization" has
    the meaning ascribed to that term in Section 1 of the
    Solicitation for Charity Act.
        (2) (a-5) A person commits a false personation when he
    or she knowingly and falsely represents himself or herself
    to be a veteran in seeking employment or public office. In
    this paragraph subsection, "veteran" means a person who has
    served in the Armed Services or Reserve Forces of the
    United States.
    (a-6) A person commits a false personation when he or she
falsely represents himself or herself to be a recipient of, or
wears on his or her person, any of the following medals if that
medal was not awarded to that person by the United States
government, irrespective of branch of service: the
Congressional Medal of Honor, the Distinguished Service Cross,
the Navy Cross, the Air Force Cross, the Silver Star, the
Bronze Star, or the Purple Heart.
    It is a defense to a prosecution under this subsection
(a-6) that the medal is used, or is intended to be used,
exclusively:
        (1) for a dramatic presentation, such as a theatrical,
    film, or television production, or a historical
    re-enactment; or
        (2) for a costume worn, or intended to be worn, by a
    person under 18 years of age.
        (3) (b) No person shall knowingly use the words
    "Chicago Police,", "Chicago Police Department,", "Chicago
    Patrolman,", "Chicago Sergeant,", "Chicago Lieutenant,",
    "Chicago Peace Officer", "Sheriff's Police", "Sheriff",
    "Officer", "Law Enforcement", "Trooper", "Deputy", "Deputy
    Sheriff", "State Police", or any other words to the same
    effect (i) in the title of any organization, magazine, or
    other publication without the express approval of the named
    public safety personnel organization's governing board or
    (ii) in combination with the name of any state, state
    agency, public university, or unit of local government
    without the express written authorization of that state,
    state agency, public university, or unit of local
    government Chicago Police Board.
    (b-5) No person shall use the words "Cook County Sheriff's
Police" or "Cook County Sheriff" or any other words to the same
effect in the title of any organization, magazine, or other
publication without the express approval of the office of the
Cook County Sheriff's Merit Board. The references to names and
titles in this Section may not be construed as authorizing use
of the names and titles of other organizations or public safety
personnel organizations otherwise prohibited by this Section
or the Solicitation for Charity Act.
    (b-10) No person may use, in the title of any organization,
magazine, or other publication, the words "officer", "peace
officer", "police", "law enforcement", "trooper", "sheriff",
"deputy", "deputy sheriff", or "state police" in combination
with the name of any state, state agency, public university, or
unit of local government without the express written
authorization of that state, state agency, or unit of local
government.
    (c) (Blank).
        (4) (c-1) No person may knowingly claim or represent
    that he or she is acting on behalf of any public safety
    personnel organization police department, chief of a
    police department, fire department, chief of a fire
    department, sheriff's department, or sheriff when
    soliciting financial contributions or selling or
    delivering or offering to sell or deliver any merchandise,
    goods, services, memberships, or advertisements unless the
    chief of the police department, fire department, and the
    corporate or municipal authority thereof, or the sheriff
    has first entered into a written agreement with the person
    or with an organization with which the person is affiliated
    and the agreement permits the activity and specifies and
    states clearly and fully the purpose for which the proceeds
    of the solicitation, contribution, or sale will be used.
        (5) (c-2) No person, when soliciting financial
    contributions or selling or delivering or offering to sell
    or deliver any merchandise, goods, services, memberships,
    or advertisements may claim or represent that he or she is
    representing or acting on behalf of any nongovernmental
    organization by any name which includes "officer", "peace
    officer", "police", "law enforcement", "trooper",
    "sheriff", "deputy", "deputy sheriff", "State police", or
    any other word or words which would reasonably be
    understood to imply that the organization is composed of
    law enforcement personnel unless:
            (A) the person is actually representing or acting
        on behalf of the nongovernmental organization; , and
            (B) the nongovernmental organization is controlled
        by and governed by a membership of and represents a
        group or association of active duty peace officers,
        retired peace officers, or injured peace officers; and
            (C) before commencing the solicitation or the sale
        or the offers to sell any merchandise, goods, services,
        memberships, or advertisements, a written contract
        between the soliciting or selling person and the
        nongovernmental organization, which specifies and
        states clearly and fully the purposes for which the
        proceeds of the solicitation, contribution, or sale
        will be used, has been entered into.
    (c-3) No person may solicit financial contributions or sell
or deliver or offer to sell or deliver any merchandise, goods,
services, memberships, or advertisements on behalf of a police,
sheriff, or other law enforcement department unless that person
is actually representing or acting on behalf of the department
or governmental organization and has entered into a written
contract with the police chief, or head of the law enforcement
department, and the corporate or municipal authority thereof,
or the sheriff, which specifies and states clearly and fully
the purposes for which the proceeds of the solicitation,
contribution, or sale will be used.
        (6) (c-4) No person, when soliciting financial
    contributions or selling or delivering or offering to sell
    or deliver any merchandise, goods, services, memberships,
    or advertisements, may knowingly claim or represent that he
    or she is representing or acting on behalf of any
    nongovernmental organization by any name which includes
    the term "fireman", "fire fighter", "paramedic", or any
    other word or words which would reasonably be understood to
    imply that the organization is composed of fire fighter or
    paramedic personnel unless:
            (A) the person is actually representing or acting
        on behalf of the nongovernmental organization; , and
            (B) the nongovernmental organization is controlled
        by and governed by a membership of and represents a
        group or association of active duty, retired, or
        injured fire fighters (for the purposes of this
        Section, "fire fighter" has the meaning ascribed to
        that term in Section 2 of the Illinois Fire Protection
        Training Act) or active duty, retired, or injured
        emergency medical technicians - ambulance, emergency
        medical technicians - intermediate, emergency medical
        technicians - paramedic, ambulance drivers, or other
        medical assistance or first aid personnel; , and
            (C) before commencing the solicitation or the sale
        or delivery or the offers to sell or deliver any
        merchandise, goods, services, memberships, or
        advertisements, the soliciting or selling person and
        the nongovernmental organization have entered into a
        written contract that specifies and states clearly and
        fully the purposes for which the proceeds of the
        solicitation, contribution, or sale will be used a
        written contract between the soliciting or selling
        person and the nongovernmental organization has been
        entered into.
    (c-5) No person may solicit financial contributions or sell
or deliver or offer to sell or deliver any merchandise, goods,
services, memberships, or advertisements on behalf of a
department or departments of fire fighters unless that person
is actually representing or acting on behalf of the department
or departments and has entered into a written contract with the
department chief and corporate or municipal authority thereof
which specifies and states clearly and fully the purposes for
which the proceeds of the solicitation, contribution, or sale
will be used.
        (7) (c-6) No person may knowingly claim or represent
    that he or she is an airman, airline employee, airport
    employee, or contractor at an airport in order to obtain
    the uniform, identification card, license, or other
    identification paraphernalia of an airman, airline
    employee, airport employee, or contractor at an airport.
        (8) No person, firm, copartnership, or corporation
    (except corporations organized and doing business under
    the Pawners Societies Act) shall knowingly use a name that
    contains in it the words "Pawners' Society".
    (b) False personation; judicial process. A person commits a
false personation if he or she knowingly and falsely represents
himself or herself to be any of the following:
        (1) An attorney authorized to practice law for purposes
    of compensation or consideration. This paragraph (b)(1)
    does not apply to a person who unintentionally fails to pay
    attorney registration fees established by Supreme Court
    Rule.
        (2) A public officer or a public employee or an
    official or employee of the federal government.
        (2.3) A public officer, a public employee, or an
    official or employee of the federal government, and the
    false representation is made in furtherance of the
    commission of felony.
        (2.7) A public officer or a public employee, and the
    false representation is for the purpose of effectuating
    identity theft as defined in Section 16G-15 of this Code.
        (3) A peace officer.
        (4) A peace officer while carrying a deadly weapon.
        (5) A peace officer in attempting or committing a
    felony.
        (6) A peace officer in attempting or committing a
    forcible felony.
        (7) The parent, legal guardian, or other relation of a
    minor child to any public official, public employee, or
    elementary or secondary school employee or administrator.
        (8) A fire fighter.
        (9) A fire fighter while carrying a deadly weapon.
        (10) A fire fighter in attempting or committing a
    felony.
        (11) An emergency management worker of any
    jurisdiction in this State.
        (12) An emergency management worker of any
    jurisdiction in this State in attempting or committing a
    felony. For the purposes of this subsection (b), "emergency
    management worker" has the meaning provided under Section
    2-6.6 of this Code.
    (c) Fraudulent advertisement of a corporate name.
        (1) A company, association, or individual commits
    fraudulent advertisement of a corporate name if he, she, or
    it, not being incorporated, puts forth a sign or
    advertisement and assumes, for the purpose of soliciting
    business, a corporate name.
        (2) Nothing contained in this subsection (c) prohibits
    a corporation, company, association, or person from using a
    divisional designation or trade name in conjunction with
    its corporate name or assumed name under Section 4.05 of
    the Business Corporation Act of 1983 or, if it is a member
    of a partnership or joint venture, from doing partnership
    or joint venture business under the partnership or joint
    venture name. The name under which the joint venture or
    partnership does business may differ from the names of the
    members. Business may not be conducted or transacted under
    that joint venture or partnership name, however, unless all
    provisions of the Assumed Business Name Act have been
    complied with. Nothing in this subsection (c) permits a
    foreign corporation to do business in this State without
    complying with all Illinois laws regulating the doing of
    business by foreign corporations. No foreign corporation
    may conduct or transact business in this State as a member
    of a partnership or joint venture that violates any
    Illinois law regulating or pertaining to the doing of
    business by foreign corporations in Illinois.
        (3) The provisions of this subsection (c) do not apply
    to limited partnerships formed under the Revised Uniform
    Limited Partnership Act or under the Uniform Limited
    Partnership Act (2001).
    (d) False law enforcement badges.
        (1) A person commits false law enforcement badges if he
    or she knowingly produces, sells, or distributes a law
    enforcement badge without the express written consent of
    the law enforcement agency represented on the badge or, in
    case of a reorganized or defunct law enforcement agency,
    its successor law enforcement agency.
        (2) It is a defense to false law enforcement badges
    that the law enforcement badge is used or is intended to be
    used exclusively: (i) as a memento or in a collection or
    exhibit; (ii) for decorative purposes; or (iii) for a
    dramatic presentation, such as a theatrical, film, or
    television production.
    (e) False medals.
        (1) A person commits a false personation if he or she
    knowingly and falsely represents himself or herself to be a
    recipient of, or wears on his or her person, any of the
    following medals if that medal was not awarded to that
    person by the United States Government, irrespective of
    branch of service: The Congressional Medal of Honor, The
    Distinguished Service Cross, The Navy Cross, The Air Force
    Cross, The Silver Star, The Bronze Star, or the Purple
    Heart.
        (2) It is a defense to a prosecution under paragraph
    (e)(1) that the medal is used, or is intended to be used,
    exclusively:
            (A) for a dramatic presentation, such as a
        theatrical, film, or television production, or a
        historical re-enactment; or
            (B) for a costume worn, or intended to be worn, by
        a person under 18 years of age.
    (f) Sentence.
        (1) A violation of paragraph (a)(8) is a petty offense
    subject to a fine of not less than $5 nor more than $100,
    and the person, firm, copartnership, or corporation
    commits an additional petty offense for each day he, she,
    or it continues to commit the violation. A violation of
    paragraph (c)(1) is a petty offense, and the company,
    association, or person commits an additional petty offense
    for each day he, she, or it continues to commit the
    violation. A violation of subsection (e) is a petty offense
    for which the offender shall be fined at least $100 and not
    more than $200.
        (2) A violation of paragraph (a)(1) or (a)(3) is a
    Class C misdemeanor.
        (3) A violation of paragraph (a)(2), (a)(7), (b)(2), or
    (b)(7) or subsection (d) is a Class A misdemeanor. A second
    or subsequent violation of subsection (d) is a Class 3
    felony.
        (4) A violation of paragraph (a)(4), (a)(5), (a)(6),
    (b)(1), (b)(2.3), (b)(2.7), (b)(3), (b)(8), or (b)(11) is a
    Class 4 felony.
        (5) A violation of paragraph (b)(4), (b)(9), or (b)(12)
    is a Class 3 felony.
        (6) A violation of paragraph (b)(5) or (b)(10) is a
    Class 2 felony.
        (7) A violation of paragraph (b)(6) is a Class 1
    felony.
    (d) Sentence. False personation, unapproved use of a name
or title, or solicitation in violation of subsection (a), (b),
(b-5), or (b-10) of this Section is a Class C misdemeanor.
False personation in violation of subsections (a-5) and (c-6)
is a Class A misdemeanor. False personation in violation of
subsection (a-6) of this Section is a petty offense for which
the offender shall be fined at least $100 and not exceeding
$200. Engaging in any activity in violation of subsection
(c-1), (c-2), (c-3), (c-4), or (c-5) of this Section is a Class
4 felony.
(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
 
    (720 ILCS 5/17-3)  (from Ch. 38, par. 17-3)
    Sec. 17-3. Forgery.
    (a) A person commits forgery when, with intent to defraud,
he or she knowingly:
        (1) makes or alters any document apparently capable of
    defrauding another in such manner that it purports to have
    been made by another or at another time, or with different
    provisions, or by authority of one who did not give such
    authority; or
        (2) issues or delivers such document knowing it to have
    been thus made or altered; or
        (3) possesses, with intent to issue or deliver, any
    such document knowing it to have been thus made or altered;
    or
        (4) unlawfully uses the digital signature, as defined
    in the Financial Institutions Electronic Documents and
    Digital Signature Act, of another; or
        (5) unlawfully uses the signature device of another to
    create an electronic signature of that other person, as
    those terms are defined in the Electronic Commerce Security
    Act.
    (b) (Blank). An intent to defraud means an intention to
cause another to assume, create, transfer, alter or terminate
any right, obligation or power with reference to any person or
property. As used in this Section, "document" includes, but is
not limited to, any document, representation, or image produced
manually, electronically, or by computer.
    (c) A document apparently capable of defrauding another
includes, but is not limited to, one by which any right,
obligation or power with reference to any person or property
may be created, transferred, altered or terminated. A document
includes any record or electronic record as those terms are
defined in the Electronic Commerce Security Act. For purposes
of this Section, a document also includes a Universal Price
Code Label or coin.
    (d) Sentence.
        (1) Except as provided in paragraphs (2) and (3),
    forgery Forgery is a Class 3 felony.
        (2) Forgery is a Class 4 felony when only one Universal
    Price Code Label is forged.
        (3) Forgery is a Class A misdemeanor when an academic
    degree or coin is forged.
    (e) It is not a violation of this Section if a false
academic degree explicitly states "for novelty purposes only".
(Source: P.A. 94-458, eff. 8-4-05.)
 
    (720 ILCS 5/17-3.5 new)
    Sec. 17-3.5. Deceptive sale of gold or silver.
    (a) Whoever makes for sale, or sells, or offers to sell or
dispose of, or has in his or her possession with intent to sell
or dispose of, any article or articles construed in whole or in
part, of gold or any alloy or imitation thereof, having thereon
or on any box, package, cover, wrapper or other thing enclosing
or encasing such article or articles for sale, any stamp,
brand, engraving, printed label, trade mark, imprint or other
mark, indicating or designed, or intended to indicate, that the
gold, alloy or imitation thereof, in such article or articles,
is different from or better than the actual kind and quality of
such gold, alloy or imitation, shall be guilty of a petty
offense and shall be fined in any sum not less than $50 nor
more than $100.
    (b) Whoever makes for sale, sells or offers to sell or
dispose of or has in his or her possession, with intent to sell
or dispose of, any article or articles constructed in whole or
in part of silver or any alloy or imitation thereof, having
thereon--or on any box, package, cover, wrapper or other thing
enclosing or encasing such article or articles for sale--any
stamp, brand, engraving, printed label, trademark, imprint or
other mark, containing the words "sterling" or "sterling
silver," referring, or designed or intended to refer, to the
silver, alloy or imitation thereof in such article or articles,
when such silver, alloy or imitation thereof shall contain less
than nine hundred and twenty-five one-thousandths thereof of
pure silver, shall be guilty of a petty offense and shall be
fined in any sum not less than $50 nor more than $100.
    (c) Whoever makes for sale, sells or offers to sell or
dispose of or has in his or her possession, with intent to sell
or dispose of, any article or articles constructed in whole or
in part of silver or any alloy or imitation thereof, having
thereon--or on any box, package, cover, wrapper or other thing
enclosing or encasing such article or articles for sale--any
stamp, brand, engraving, printed label, trademark, imprint, or
other mark, containing the words "coin" or "coin silver,"
referring to or designed or intended to refer to, the silver,
alloy or imitation thereof, in such article or articles, when
such silver, alloy or imitation shall contain less than
nine-tenths thereof pure silver, shall be guilty of a petty
offense and shall be fined in any sum not less than $50 and not
more than $100.
 
    (720 ILCS 5/17-5)  (from Ch. 38, par. 17-5)
    Sec. 17-5. Deceptive collection practices.
    A collection agency as defined in the "Collection Agency
Act" or any employee of such collection agency commits a
deceptive collection practice when, with the intent to collect
a debt owed to an individual or a a person, corporation, or
other entity, he, she, or it does any of the following:
    (a) Represents represents falsely that he or she is an
attorney, a policeman, a sheriff or deputy sheriff, a bailiff,
a county clerk or employee of a county clerk's office, or any
other person who by statute is authorized to enforce the law or
any order of a court. ; or
    (b) While while attempting to collect an alleged debt,
misrepresents to the alleged debtor or to his or her immediate
family the corporate, partnership or proprietary name or other
trade or business name under which the debt collector is
engaging in debt collections and which he, she, or it is
legally authorized to use. ; or
    (c) While while attempting to collect an alleged debt, adds
to the debt any service charge, interest or penalty which he,
she, or it is not entitled by law to add. ; or
    (d) Threatens threatens to ruin, destroy, or otherwise
adversely affect an alleged debtor's credit rating unless, at
the same time, a disclosure is made in accordance with federal
law that the alleged debtor has a right to inspect his or her
credit rating. ; or
    (e) Accepts accepts from an alleged debtor a payment which
he, she, or it knows is not owed.
    Sentence. The commission of a deceptive collection
practice is a Business Offense punishable by a fine not to
exceed $3,000.
(Source: P.A. 78-1248.)
 
    (720 ILCS 5/17-5.5)
    Sec. 17-5.5. Unlawful attempt to collect compensated debt
against a crime victim.
    (a) As used in this Section, "crime victim" means a victim
of a violent crime or applicant as defined in the Crime Victims
Compensation Act.
    "Compensated debt" means a debt incurred by or on behalf of
a crime victim and approved for payment by the Court of Claims
under the Crime Victims Compensation Act.
    (a) (b) A person or a vendor commits the offense of
unlawful attempt to collect a compensated debt against a crime
victim when, with intent to collect funds for a debt incurred
by or on behalf of a crime victim, which debt has been approved
for payment by the Court of Claims under the Crime Victims
Compensation Act, but the funds are involuntarily withheld from
the person or vendor by the Comptroller by virtue of an
outstanding obligation owed by the person or vendor to the
State under the Uncollected State Claims Act, the person or
vendor:
        (1) communicates with, harasses, or intimidates the
    crime victim for payment;
        (2) contacts or distributes information to affect the
    compensated crime victim's credit rating as a result of the
    compensated debt; or
        (3) takes any other action adverse to the crime victim
    or his or her family on account of the compensated debt.
    (b) Sentence. (c) Unlawful attempt to collect a compensated
debt against a crime victim is a Class A misdemeanor.
    (c) (d) Nothing in this Code Act prevents the attempt to
collect an uncompensated debt or an uncompensated portion of a
compensated debt incurred by or on behalf of a crime victim and
not covered under the Crime Victims Compensation Act.
    (d) As used in this Section, "crime victim" means a victim
of a violent crime or applicant as defined in the Crime Victims
Compensation Act. "Compensated debt" means a debt incurred by
or on behalf of a crime victim and approved for payment by the
Court of Claims under the Crime Victims Compensation Act.
(Source: P.A. 92-286, eff. 1-1-02.)
 
    (720 ILCS 5/17-5.7 new)
    Sec. 17-5.7. Deceptive advertising.
    (a) Any person, firm, corporation or association or agent
or employee thereof, who, with intent to sell, purchase, or in
any wise dispose of, or to contract with reference to
merchandise, securities, real estate, service, employment,
money, credit or anything offered by such person, firm,
corporation or association, or agent or employee thereof,
directly or indirectly, to the public for sale, purchase, loan,
distribution, or the hire of personal services, or with intent
to increase the consumption of or to contract with reference to
any merchandise, real estate, securities, money, credit, loan,
service or employment, or to induce the public in any manner to
enter into any obligation relating thereto, or to acquire title
thereto, or an interest therein, or to make any loan, makes,
publishes, disseminates, circulates, or places before the
public, or causes, directly or indirectly, to be made,
published, disseminated, circulated, or placed before the
public, in this State, in a newspaper, magazine, or other
publication, or in the form of a book, notice, handbill,
poster, sign, bill, circular, pamphlet, letter, placard, card,
label, or over any radio or television station, or in any other
way similar or dissimilar to the foregoing, an advertisement,
announcement, or statement of any sort regarding merchandise,
securities, real estate, money, credit, service, employment,
or anything so offered for use, purchase, loan or sale, or the
interest, terms or conditions upon which such loan will be made
to the public, which advertisement contains any assertion,
representation or statement of fact which is untrue, misleading
or deceptive, shall be guilty of a Class A misdemeanor.
    (b) Any person, firm or corporation offering for sale
merchandise, commodities or service by making, publishing,
disseminating, circulating or placing before the public within
this State in any manner an advertisement of merchandise,
commodities, or service, with the intent, design or purpose not
to sell the merchandise, commodities, or service so advertised
at the price stated therein, or otherwise communicated, or with
intent not to sell the merchandise, commodities, or service so
advertised, may be enjoined from such advertising upon
application for injunctive relief by the State's Attorney or
Attorney General, and shall also be guilty of a Class A
misdemeanor.
    (c) Any person, firm or corporation who makes, publishes,
disseminates, circulates or places before the public, or
causes, directly or indirectly to be made, published,
disseminated, circulated or placed before the public, in this
State, in a newspaper, magazine or other publication published
in this State, or in the form of a book, notice, handbill,
poster, sign, bill, circular, pamphlet, letter, placard, card,
or label distributed in this State, or over any radio or
television station located in this State or in any other way in
this State similar or dissimilar to the foregoing, an
advertisement, announcement, statement or representation of
any kind to the public relating to the sale, offering for sale,
purchase, use or lease of any real estate in a subdivision
located outside the State of Illinois may be enjoined from such
activity upon application for injunctive relief by the State's
Attorney or Attorney General and shall also be guilty of a
Class A misdemeanor unless such advertisement, announcement,
statement or representation contains or is accompanied by a
clear, concise statement of the proximity of such real estate
in common units of measurement to public schools, public
highways, fresh water supply, public sewers, electric power,
stores and shops, and telephone service or contains a statement
that one or more of such facilities are not readily available,
and name those not available.
    (d) Subsections (a), (b), and (c) do not apply to any
medium for the printing, publishing, or disseminating of
advertising, or any owner, agent or employee thereof, nor to
any advertising agency or owner, agent or employee thereof, nor
to any radio or television station, or owner, agent, or
employee thereof, for printing, publishing, or disseminating,
or causing to be printed, published, or disseminated, such
advertisement in good faith and without knowledge of the
deceptive character thereof.
    (e) No person, firm or corporation owning or operating a
service station shall advertise or hold out or state to the
public the per gallon price of gasoline, upon any sign on the
premises of such station, unless such price includes all taxes,
and unless the price, as so advertised, corresponds with the
price appearing on the pump from which such gasoline is
dispensed. Also, the identity of the product must be included
with the price in any such advertisement, holding out or
statement to the public. Any person who violates this
subsection (e) shall be guilty of a petty offense.
 
    (720 ILCS 5/Art. 17, Subdiv. 10 heading new)
SUBDIVISION 10. FRAUD ON A GOVERNMENTAL ENTITY

 
    (720 ILCS 5/17-6)  (from Ch. 38, par. 17-6)
    Sec. 17-6. State benefits fraud Benefits Fraud.
    (a) A Any person commits State benefits fraud when he or
she who obtains or attempts to obtain money or benefits from
the State of Illinois, from any political subdivision thereof,
or from any program funded or administered in whole or in part
by the State of Illinois or any political subdivision thereof
through the knowing use of false identification documents or
through the knowing misrepresentation of his or her age, place
of residence, number of dependents, marital or family status,
employment status, financial status, or any other material fact
upon which his eligibility for or degree of participation in
any benefit program might be based, is guilty of State benefits
fraud.
    (b) Notwithstanding any provision of State law to the
contrary, every application or other document submitted to an
agency or department of the State of Illinois or any political
subdivision thereof to establish or determine eligibility for
money or benefits from the State of Illinois or from any
political subdivision thereof, or from any program funded or
administered in whole or in part by the State of Illinois or
any political subdivision thereof, shall be made available upon
request to any law enforcement agency for use in the
investigation or prosecution of State benefits fraud or for use
in the investigation or prosecution of any other crime arising
out of the same transaction or occurrence. Except as otherwise
permitted by law, information disclosed pursuant to this
subsection shall be used and disclosed only for the purposes
provided herein. The provisions of this Section shall be
operative only to the extent that they do not conflict with any
federal law or regulation governing federal grants to this
State.
    (c) Any employee of the State of Illinois or any agency or
political subdivision thereof may seize as evidence any false
or fraudulent document presented to him or her in connection
with an application for or receipt of money or benefits from
the State of Illinois, from any political subdivision thereof,
or from any program funded or administered in whole or in part
by the State of Illinois or any political subdivision thereof.
    (d) Sentence.
    (1) State benefits fraud is a Class 4 felony except when
more than $300 is obtained, in which case State benefits fraud
is a Class 3 felony.
    (2) If State benefits fraud is a Class 3 felony when $300
or less is obtained and a Class 2 felony when more than $300 is
obtained if a person knowingly misrepresents oneself as a
veteran or as a dependent of a veteran with the intent of
obtaining benefits or privileges provided by the State or its
political subdivisions to veterans or their dependents, then
State benefits fraud is a Class 3 felony when $300 or less is
obtained and a Class 2 felony when more than $300 is obtained.
For the purposes of this paragraph (2), benefits and privileges
include, but are not limited to, those benefits and privileges
available under the Veterans' Employment Act, the Viet Nam
Veterans Compensation Act, the Prisoner of War Bonus Act, the
War Bonus Extension Act, the Military Veterans Assistance Act,
the Veterans' Employment Representative Act, the Veterans
Preference Act, the Service Member's Employment Tenure Act, the
Disabled Veterans Housing Act, the Under Age Veterans Benefits
Act, the Survivors Compensation Act, the Children of Deceased
Veterans Act, the Veterans Burial Places Act, the Higher
Education Student Assistance Act, or any other loans,
assistance in employment, monetary payments, or tax exemptions
offered by the State or its political subdivisions for veterans
or their dependents.
(Source: P.A. 94-486, eff. 1-1-06.)
 
    (720 ILCS 5/17-6.3 new)
    Sec. 17-6.3. WIC fraud.
    (a) For the purposes of this Section, the Special
Supplemental Food Program for Women, Infants and Children
administered by the Illinois Department of Public Health or
Department of Human Services shall be referred to as "WIC".
    (b) A person commits WIC fraud if he or she knowingly (i)
uses, acquires, possesses, or transfers WIC Food Instruments or
authorizations to participate in WIC in any manner not
authorized by law or the rules of the Illinois Department of
Public Health or Department of Human Services or (ii) uses,
acquires, possesses, or transfers altered WIC Food Instruments
or authorizations to participate in WIC.
    (c) Administrative malfeasance.
        (1) A person commits administrative malfeasance if he
    or she knowingly or recklessly misappropriates, misuses,
    or unlawfully withholds or converts to his or her own use
    or to the use of another any public funds made available
    for WIC.
        (2) An official or employee of the State or a unit of
    local government who knowingly aids, abets, assists, or
    participates in a known violation of this Section is
    subject to disciplinary proceedings under the rules of the
    applicable State agency or unit of local government.
    (d) Unauthorized possession of identification document. A
person commits unauthorized possession of an identification
document if he or she knowingly possesses, with intent to
commit a misdemeanor or felony, another person's
identification document issued by the Illinois Department of
Public Health or Department of Human Services. For purposes of
this Section, "identification document" includes, but is not
limited to, an authorization to participate in WIC or a card or
other document that identifies a person as being entitled to
WIC benefits.
    (e) Penalties.
        (1) If an individual, firm, corporation, association,
    agency, institution, or other legal entity is found by a
    court to have engaged in an act, practice, or course of
    conduct declared unlawful under subsection (a), (b), or (c)
    of this Section and:
            (A) the total amount of money involved in the
        violation, including the monetary value of the WIC Food
        Instruments and the value of commodities, is less than
        $150, the violation is a Class A misdemeanor; a second
        or subsequent violation is a Class 4 felony;
            (B) the total amount of money involved in the
        violation, including the monetary value of the WIC Food
        Instruments and the value of commodities, is $150 or
        more but less than $1,000, the violation is a Class 4
        felony; a second or subsequent violation is a Class 3
        felony;
            (C) the total amount of money involved in the
        violation, including the monetary value of the WIC Food
        Instruments and the value of commodities, is $1,000 or
        more but less than $5,000, the violation is a Class 3
        felony; a second or subsequent violation is a Class 2
        felony;
            (D) the total amount of money involved in the
        violation, including the monetary value of the WIC Food
        Instruments and the value of commodities, is $5,000 or
        more but less than $10,000, the violation is a Class 2
        felony; a second or subsequent violation is a Class 1
        felony; or
            (E) the total amount of money involved in the
        violation, including the monetary value of the WIC Food
        Instruments and the value of commodities, is $10,000 or
        more, the violation is a Class 1 felony and the
        defendant shall be permanently ineligible to
        participate in WIC.
        (2) A violation of subsection (d) is a Class 4 felony.
        (3) The State's Attorney of the county in which the
    violation of this Section occurred or the Attorney General
    shall bring actions arising under this Section in the name
    of the People of the State of Illinois.
        (4) For purposes of determining the classification of
    an offense under this subsection (e), all of the money
    received as a result of the unlawful act, practice, or
    course of conduct, including the value of any WIC Food
    Instruments and the value of commodities, shall be
    aggregated.
    (f) Seizure and forfeiture of property.
        (1) A person who commits a felony violation of this
    Section is subject to the property forfeiture provisions
    set forth in Article 124B of the Code of Criminal Procedure
    of 1963.
        (2) Property subject to forfeiture under this
    subsection (f) may be seized by the Director of State
    Police or any local law enforcement agency upon process or
    seizure warrant issued by any court having jurisdiction
    over the property. The Director or a local law enforcement
    agency may seize property under this subsection (f) without
    process under any of the following circumstances:
            (A) If the seizure is incident to inspection under
        an administrative inspection warrant.
            (B) If the property subject to seizure has been the
        subject of a prior judgment in favor of the State in a
        criminal proceeding or in an injunction or forfeiture
        proceeding under Article 124B of the Code of Criminal
        Procedure of 1963.
            (C) If there is probable cause to believe that the
        property is directly or indirectly dangerous to health
        or safety.
            (D) If there is probable cause to believe that the
        property is subject to forfeiture under this
        subsection (f) and Article 124B of the Code of Criminal
        Procedure of 1963 and the property is seized under
        circumstances in which a warrantless seizure or arrest
        would be reasonable.
            (E) In accordance with the Code of Criminal
        Procedure of 1963.
    (g) Future participation as WIC vendor. A person who has
been convicted of a felony violation of this Section is
prohibited from participating as a WIC vendor for a minimum
period of 3 years following conviction and until the total
amount of money involved in the violation, including the value
of WIC Food Instruments and the value of commodities, is repaid
to WIC. This prohibition shall extend to any person with
management responsibility in a firm, corporation, association,
agency, institution, or other legal entity that has been
convicted of a violation of this Section and to an officer or
person owning, directly or indirectly, 5% or more of the shares
of stock or other evidences of ownership in a corporate vendor.
 
    (720 ILCS 5/17-6.5 new)
    Sec. 17-6.5. Persons under deportation order;
ineligibility for benefits.
    (a) An individual against whom a United States Immigration
Judge has issued an order of deportation which has been
affirmed by the Board of Immigration Review, as well as an
individual who appeals such an order pending appeal, under
paragraph 19 of Section 241(a) of the Immigration and
Nationality Act relating to persecution of others on account of
race, religion, national origin or political opinion under the
direction of or in association with the Nazi government of
Germany or its allies, shall be ineligible for the following
benefits authorized by State law:
        (1) The homestead exemptions and homestead improvement
    exemption under Sections 15-170, 15-175, 15-176, and
    15-180 of the Property Tax Code.
        (2) Grants under the Senior Citizens and Disabled
    Persons Property Tax Relief and Pharmaceutical Assistance
    Act.
        (3) The double income tax exemption conferred upon
    persons 65 years of age or older by Section 204 of the
    Illinois Income Tax Act.
        (4) Grants provided by the Department on Aging.
        (5) Reductions in vehicle registration fees under
    Section 3-806.3 of the Illinois Vehicle Code.
        (6) Free fishing and reduced fishing license fees under
    Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
        (7) Tuition free courses for senior citizens under the
    Senior Citizen Courses Act.
        (8) Any benefits under the Illinois Public Aid Code.
    (b) If a person has been found by a court to have knowingly
received benefits in violation of subsection (a) and:
        (1) the total monetary value of the benefits received
    is less than $150, the person is guilty of a Class A
    misdemeanor; a second or subsequent violation is a Class 4
    felony;
        (2) the total monetary value of the benefits received
    is $150 or more but less than $1,000, the person is guilty
    of a Class 4 felony; a second or subsequent violation is a
    Class 3 felony;
        (3) the total monetary value of the benefits received
    is $1,000 or more but less than $5,000, the person is
    guilty of a Class 3 felony; a second or subsequent
    violation is a Class 2 felony;
        (4) the total monetary value of the benefits received
    is $5,000 or more but less than $10,000, the person is
    guilty of a Class 2 felony; a second or subsequent
    violation is a Class 1 felony; or
        (5) the total monetary value of the benefits received
    is $10,000 or more, the person is guilty of a Class 1
    felony.
    (c) For purposes of determining the classification of an
offense under this Section, all of the monetary value of the
benefits received as a result of the unlawful act, practice, or
course of conduct may be accumulated.
    (d) Any grants awarded to persons described in subsection
(a) may be recovered by the State of Illinois in a civil action
commenced by the Attorney General in the circuit court of
Sangamon County or the State's Attorney of the county of
residence of the person described in subsection (a).
    (e) An individual described in subsection (a) who has been
deported shall be restored to any benefits which that
individual has been denied under State law pursuant to
subsection (a) if (i) the Attorney General of the United States
has issued an order cancelling deportation and has adjusted the
status of the individual to that of an alien lawfully admitted
for permanent residence in the United States or (ii) the
country to which the individual has been deported adjudicates
or exonerates the individual in a judicial or administrative
proceeding as not being guilty of the persecution of others on
account of race, religion, national origin, or political
opinion under the direction of or in association with the Nazi
government of Germany or its allies.
 
    (720 ILCS 5/17-8.3)   (was 720 ILCS 5/17-22)
    Sec. 17-8.3 17-22. False information on an application for
employment with certain public or private agencies; use of
false academic degree.
    (a) It is unlawful for an applicant for employment with a
public or private agency that provides State funded services to
persons with mental illness or developmental disabilities to
knowingly wilfully furnish false information regarding
professional certification, licensing, criminal background, or
employment history for the 5 years immediately preceding the
date of application on an application for employment with the
agency if the position of employment requires or provides
opportunity for contact with persons with mental illness or
developmental disabilities.
    (b) It is unlawful for a person to knowingly use a false
academic degree for the purpose of obtaining employment or
admission to an institution of higher learning or admission to
an advanced degree program at an institution of higher learning
or for the purpose of obtaining a promotion or higher
compensation in employment.
    (c) (b) Sentence. A violation of this Section is a Class A
misdemeanor.
(Source: P.A. 90-390, eff. 1-1-98.)
 
    (720 ILCS 5/17-8.5 new)
    Sec. 17-8.5. Fraud on a governmental entity.
    (a) Fraud on a governmental entity. A person commits fraud
on a governmental entity when he or she knowingly obtains,
attempts to obtain, or causes to be obtained, by deception,
control over the property of any governmental entity by the
making of a false claim of bodily injury or of damage to or
loss or theft of property or by causing a false claim of bodily
injury or of damage to or loss or theft of property to be made
against the governmental entity, intending to deprive the
governmental entity permanently of the use and benefit of that
property.
    (b) Aggravated fraud on a governmental entity. A person
commits aggravated fraud on a governmental entity when he or
she commits fraud on a governmental entity 3 or more times
within an 18-month period arising out of separate incidents or
transactions.
    (c) Conspiracy to commit fraud on a governmental entity. If
aggravated fraud on a governmental entity forms the basis for a
charge of conspiracy under Section 8-2 of this Code against a
person, the person or persons with whom the accused is alleged
to have agreed to commit the 3 or more violations of this
Section need not be the same person or persons for each
violation, as long as the accused was a part of the common
scheme or plan to engage in each of the 3 or more alleged
violations.
    (d) Organizer of an aggravated fraud on a governmental
entity conspiracy. A person commits being an organizer of an
aggravated fraud on a governmental entity conspiracy if
aggravated fraud on a governmental entity forms the basis for a
charge of conspiracy under Section 8-2 of this Code and the
person occupies a position of organizer, supervisor, financer,
or other position of management within the conspiracy.
    For the purposes of this Section, the person or persons
with whom the accused is alleged to have agreed to commit the 3
or more violations of subdivision (a)(1) of Section 17-10.5 or
subsection (a) of Section 17-8.5 of this Code need not be the
same person or persons for each violation, as long as the
accused occupied a position of organizer, supervisor,
financer, or other position of management in each of the 3 or
more alleged violations.
    Notwithstanding Section 8-5 of this Code, a person may be
convicted and sentenced both for the offense of being an
organizer of an aggravated fraud conspiracy and for any other
offense that is the object of the conspiracy.
    (e) Sentence.
        (1) A violation of subsection (a) in which the value of
    the property obtained or attempted to be obtained is $300
    or less is a Class A misdemeanor.
        (2) A violation of subsection (a) in which the value of
    the property obtained or attempted to be obtained is more
    than $300 but not more than $10,000 is a Class 3 felony.
        (3) A violation of subsection (a) in which the value of
    the property obtained or attempted to be obtained is more
    than $10,000 but not more than $100,000 is a Class 2
    felony.
        (4) A violation of subsection (a) in which the value of
    the property obtained or attempted to be obtained is more
    than $100,000 is a Class 1 felony.
        (5) A violation of subsection (b) is a Class 1 felony,
    regardless of the value of the property obtained, attempted
    to be obtained, or caused to be obtained.
        (6) The offense of being an organizer of an aggravated
    fraud conspiracy is a Class X felony.
        (7) Notwithstanding Section 8-5 of this Code, a person
    may be convicted and sentenced both for the offense of
    conspiracy to commit fraud and for any other offense that
    is the object of the conspiracy.
    (f) Civil damages for fraud on a governmental entity. A
person who knowingly obtains, attempts to obtain, or causes to
be obtained, by deception, control over the property of a
governmental entity by the making of a false claim of bodily
injury or of damage to or loss or theft of property, intending
to deprive the governmental entity permanently of the use and
benefit of that property, shall be civilly liable to the
governmental entity that paid the claim or against whom the
claim was made or to the subrogee of the governmental entity in
an amount equal to either 3 times the value of the property
wrongfully obtained or, if property was not wrongfully
obtained, twice the value of the property attempted to be
obtained, whichever amount is greater, plus reasonable
attorney's fees.
    (g) Determination of property value. For the purposes of
this Section, if the exact value of the property attempted to
be obtained is either not alleged by the claimant or not
otherwise specifically set, the value of the property shall be
the fair market replacement value of the property claimed to be
lost, the reasonable costs of reimbursing a vendor or other
claimant for services to be rendered, or both.
    (h) Actions by State licensing agencies.
        (1) All State licensing agencies, the Illinois State
    Police, and the Department of Financial and Professional
    Regulation shall coordinate enforcement efforts relating
    to acts of fraud on a governmental entity.
        (2) If a person who is licensed or registered under the
    laws of the State of Illinois to engage in a business or
    profession is convicted of or pleads guilty to engaging in
    an act of fraud on a governmental entity, the Illinois
    State Police must forward to each State agency by which the
    person is licensed or registered a copy of the conviction
    or plea and all supporting evidence.
        (3) Any agency that receives information under this
    Section shall, not later than 6 months after the date on
    which it receives the information, publicly report the
    final action taken against the convicted person, including
    but not limited to the revocation or suspension of the
    license or any other disciplinary action taken.
    (i) Definitions. For the purposes of this Section,
"obtain", "obtains control", "deception", "property", and
"permanent deprivation" have the meanings ascribed to those
terms in Article 15 of this Code.
 
    (720 ILCS 5/17-9)  (from Ch. 38, par. 17-9)
    Sec. 17-9. Public aid wire and mail fraud.
    (a) Whoever knowingly (i) makes or transmits any
communication by means of telephone, wire, radio, or television
or (ii) places any communication with the United States Postal
Service, or with any private or other mail, package, or
delivery service or system, such communication being made,
transmitted, placed, or received within the State of Illinois,
intending that such communication be made, or transmitted, or
delivered in furtherance of any plan, scheme, or design to
obtain, unlawfully, any benefit or payment under the "The
Illinois Public Aid Code", as amended, commits the offense of
public aid wire and mail fraud.
    (b) Whoever knowingly directs or causes any communication
to be (i) made or transmitted by means of telephone, wire,
radio, or television or (ii) placed with the United States
Postal Service, or with any private or other mail, package, or
delivery service or system, intending that such communication
be made, or transmitted, or delivered in furtherance of any
plan, scheme, or design to obtain, unlawfully, any benefit or
payment under the "The Illinois Public Aid Code", as amended,
commits the offense of public aid wire and mail fraud.
    (c) Sentence. A violation of this Section Penalty. Public
aid wire fraud is a Class 4 felony.
(Source: P.A. 84-1255.)
 
    (720 ILCS 5/17-10.2)   (was 720 ILCS 5/17-29)
    Sec. 17-10.2 17-29. Businesses owned by minorities,
females, and persons with disabilities; fraudulent contracts
with governmental units.
    (a) In this Section:
        "Minority person" means a person who is: (1) African
    American (a person having origins in any of the black
    racial groups in Africa); (2) Hispanic (a person of Spanish
    or Portuguese culture with origins in Mexico, South or
    Central America, or the Caribbean Islands, regardless of
    race); (3) Asian American (a person having origins in any
    of the original peoples of the Far East, Southeast Asia,
    the Indian Subcontinent or the Pacific Islands); or (4)
    Native American or Alaskan Native (a person having origins
    in any of the original peoples of North America).
        "Female" means a person who is of the female gender.
        "Person with a disability" means a person who is a
    person qualifying as being disabled.
        "Disabled" means a severe physical or mental
    disability that: (1) results from: amputation, arthritis,
    autism, blindness, burn injury, cancer, cerebral palsy,
    cystic fibrosis, deafness, head injury, heart disease,
    hemiplegia, hemophilia, respiratory or pulmonary
    dysfunction, mental retardation, mental illness, multiple
    sclerosis, muscular dystrophy, musculoskeletal disorders,
    neurological disorders, including stroke and epilepsy,
    paraplegia, quadriplegia and other spinal cord conditions,
    sickle cell anemia, specific learning disabilities, or end
    stage renal failure disease; and (2) substantially limits
    one or more of the person's major life activities.
        "Minority owned business" means a business concern
    that is at least 51% owned by one or more minority persons,
    or in the case of a corporation, at least 51% of the stock
    in which is owned by one or more minority persons; and the
    management and daily business operations of which are
    controlled by one or more of the minority individuals who
    own it.
        "Female owned business" means a business concern that
    is at least 51% owned by one or more females, or, in the
    case of a corporation, at least 51% of the stock in which
    is owned by one or more females; and the management and
    daily business operations of which are controlled by one or
    more of the females who own it.
        "Business owned by a person with a disability" means a
    business concern that is at least 51% owned by one or more
    persons with a disability and the management and daily
    business operations of which are controlled by one or more
    of the persons with disabilities who own it. A
    not-for-profit agency for persons with disabilities that
    is exempt from taxation under Section 501 of the Internal
    Revenue Code of 1986 is also considered a "business owned
    by a person with a disability".
        "Governmental unit" means the State, a unit of local
    government, or school district.
    (b) In addition to any other penalties imposed by law or by
an ordinance or resolution of a unit of local government or
school district, any individual or entity that knowingly
obtains, or knowingly assists another to obtain, a contract
with a governmental unit, or a subcontract or written
commitment for a subcontract under a contract with a
governmental unit, by falsely representing that the individual
or entity, or the individual or entity assisted, is a minority
owned business, female owned business, or business owned by a
person with a disability is guilty of a Class 2 felony,
regardless of whether the preference for awarding the contract
to a minority owned business, female owned business, or
business owned by a person with a disability was established by
statute or by local ordinance or resolution.
    (c) In addition to any other penalties authorized by law,
the court shall order that an individual or entity convicted of
a violation of this Section must pay to the governmental unit
that awarded the contract a penalty equal to one and one-half
times the amount of the contract obtained because of the false
representation.
(Source: P.A. 94-126, eff. 1-1-06; 94-863, eff. 6-16-06.)
 
    (720 ILCS 5/17-10.3 new)
    Sec. 17-10.3. Deception relating to certification of
disadvantaged business enterprises.
    (a) Fraudulently obtaining or retaining certification. A
person who, in the course of business, fraudulently obtains or
retains certification as a minority owned business or female
owned business commits a Class 2 felony.
    (b) Willfully making a false statement. A person who, in
the course of business, willfully makes a false statement
whether by affidavit, report or other representation, to an
official or employee of a State agency or the Minority and
Female Business Enterprise Council for the purpose of
influencing the certification or denial of certification of any
business entity as a minority owned business or female owned
business commits a Class 2 felony.
    (c) Willfully obstructing or impeding an official or
employee of any agency in his or her investigation. Any person
who, in the course of business, willfully obstructs or impedes
an official or employee of any State agency or the Minority and
Female Business Enterprise Council who is investigating the
qualifications of a business entity which has requested
certification as a minority owned business or a female owned
business commits a Class 2 felony.
    (d) Fraudulently obtaining public moneys reserved for
disadvantaged business enterprises. Any person who, in the
course of business, fraudulently obtains public moneys
reserved for, or allocated or available to minority owned
businesses or female owned businesses commits a Class 2 felony.
    (e) Definitions. As used in this Article, "minority owned
business", "female owned business", "State agency" and
"certification" shall have the meanings ascribed to them in
Section 2 of the Business Enterprise for Minorities, Females,
and Persons with Disabilities Act.
 
    (720 ILCS 5/Art. 17, Subdiv. 15 heading new)
SUBDIVISION 15. FRAUD ON A PRIVATE ENTITY

 
    (720 ILCS 5/17-10.5 new)
    Sec. 17-10.5. Insurance fraud.
    (a) Insurance fraud.
        (1) A person commits insurance fraud when he or she
    knowingly obtains, attempts to obtain, or causes to be
    obtained, by deception, control over the property of an
    insurance company or self-insured entity by the making of a
    false claim or by causing a false claim to be made on any
    policy of insurance issued by an insurance company or by
    the making of a false claim or by causing a false claim to
    be made to a self-insured entity, intending to deprive an
    insurance company or self-insured entity permanently of
    the use and benefit of that property.
        (2) A person commits health care benefits fraud against
    a provider, other than a governmental unit or agency, when
    he or she knowingly obtains or attempts to obtain, by
    deception, health care benefits and that obtaining or
    attempt to obtain health care benefits does not involve
    control over property of the provider.
    (b) Aggravated insurance fraud.
        (1) A person commits aggravated insurance fraud on a
    private entity when he or she commits insurance fraud 3 or
    more times within an 18-month period arising out of
    separate incidents or transactions.
        (2) A person commits being an organizer of an
    aggravated insurance fraud on a private entity conspiracy
    if aggravated insurance fraud on a private entity forms the
    basis for a charge of conspiracy under Section 8-2 of this
    Code and the person occupies a position of organizer,
    supervisor, financer, or other position of management
    within the conspiracy.
    (c) Conspiracy to commit insurance fraud. If aggravated
insurance fraud on a private entity forms the basis for charges
of conspiracy under Section 8-2 of this Code, the person or
persons with whom the accused is alleged to have agreed to
commit the 3 or more violations of this Section need not be the
same person or persons for each violation, as long as the
accused was a part of the common scheme or plan to engage in
each of the 3 or more alleged violations.
    If aggravated insurance fraud on a private entity forms the
basis for a charge of conspiracy under Section 8-2 of this
Code, and the accused occupies a position of organizer,
supervisor, financer, or other position of management within
the conspiracy, the person or persons with whom the accused is
alleged to have agreed to commit the 3 or more violations of
this Section need not be the same person or persons for each
violation as long as the accused occupied a position of
organizer, supervisor, financer, or other position of
management in each of the 3 or more alleged violations.
    (d) Sentence.
        (1) A violation of paragraph (a)(1) in which the value
    of the property obtained, attempted to be obtained, or
    caused to be obtained is $300 or less is a Class A
    misdemeanor.
        (2) A violation of paragraph (a)(1) in which the value
    of the property obtained, attempted to be obtained, or
    caused to be obtained is more than $300 but not more than
    $10,000 is a Class 3 felony.
        (3) A violation of paragraph (a)(1) in which the value
    of the property obtained, attempted to be obtained, or
    caused to be obtained is more than $10,000 but not more
    than $100,000 is a Class 2 felony.
        (4) A violation of paragraph (a)(1) in which the value
    of the property obtained, attempted to be obtained, or
    caused to be obtained is more than $100,000 is a Class 1
    felony.
        (5) A violation of paragraph (a)(2) is a Class A
    misdemeanor.
        (6) A violation of paragraph (b)(1) is a Class 1
    felony, regardless of the value of the property obtained,
    attempted to be obtained, or caused to be obtained.
        (7) A violation of paragraph (b)(2) is a Class X
    felony.
        (8) A person convicted of insurance fraud, vendor
    fraud, or a federal criminal violation associated with
    defrauding the Medicaid program shall be ordered to pay
    monetary restitution to the insurance company or
    self-insured entity or any other person for any financial
    loss sustained as a result of a violation of this Section,
    including any court costs and attorney's fees. An order of
    restitution shall include expenses incurred and paid by the
    State of Illinois or an insurance company or self-insured
    entity in connection with any medical evaluation or
    treatment services.
        (9) Notwithstanding Section 8-5 of this Code, a person
    may be convicted and sentenced both for the offense of
    conspiracy to commit insurance fraud and for any other
    offense that is the object of the conspiracy.
    (e) Civil damages for insurance fraud.
        (1) A person who knowingly obtains, attempts to obtain,
    or causes to be obtained, by deception, control over the
    property of any insurance company by the making of a false
    claim or by causing a false claim to be made on a policy of
    insurance issued by an insurance company, or by the making
    of a false claim or by causing a false claim to be made to a
    self-insured entity, intending to deprive an insurance
    company or self-insured entity permanently of the use and
    benefit of that property, shall be civilly liable to the
    insurance company or self-insured entity that paid the
    claim or against whom the claim was made or to the subrogee
    of that insurance company or self-insured entity in an
    amount equal to either 3 times the value of the property
    wrongfully obtained or, if no property was wrongfully
    obtained, twice the value of the property attempted to be
    obtained, whichever amount is greater, plus reasonable
    attorney's fees.
        (2) An insurance company or self-insured entity that
    brings an action against a person under paragraph (1) of
    this subsection in bad faith shall be liable to that person
    for twice the value of the property claimed, plus
    reasonable attorney's fees. In determining whether an
    insurance company or self-insured entity acted in bad
    faith, the court shall relax the rules of evidence to allow
    for the introduction of any facts or other information on
    which the insurance company or self-insured entity may have
    relied in bringing an action under paragraph (1) of this
    subsection.
    (f) Determination of property value. For the purposes of
this Section, if the exact value of the property attempted to
be obtained is either not alleged by the claimant or not
specifically set by the terms of a policy of insurance, the
value of the property shall be the fair market replacement
value of the property claimed to be lost, the reasonable costs
of reimbursing a vendor or other claimant for services to be
rendered, or both.
    (g) Actions by State licensing agencies.
        (1) All State licensing agencies, the Illinois State
    Police, and the Department of Financial and Professional
    Regulation shall coordinate enforcement efforts relating
    to acts of insurance fraud.
        (2) If a person who is licensed or registered under the
    laws of the State of Illinois to engage in a business or
    profession is convicted of or pleads guilty to engaging in
    an act of insurance fraud, the Illinois State Police must
    forward to each State agency by which the person is
    licensed or registered a copy of the conviction or plea and
    all supporting evidence.
        (3) Any agency that receives information under this
    Section shall, not later than 6 months after the date on
    which it receives the information, publicly report the
    final action taken against the convicted person, including
    but not limited to the revocation or suspension of the
    license or any other disciplinary action taken.
    (h) Definitions. For the purposes of this Section,
"obtain", "obtains control", "deception", "property", and
"permanent deprivation" have the meanings ascribed to those
terms in Article 15 of this Code.
 
    (720 ILCS 5/17-10.6 new)
    Sec. 17-10.6. Financial institution fraud.
    (a) Misappropriation of financial institution property. A
person commits misappropriation of a financial institution's
property whenever he or she knowingly obtains or exerts
unauthorized control over any of the moneys, funds, credits,
assets, securities, or other property owned by or under the
custody or control of a financial institution, or under the
custody or care of any agent, officer, director, or employee of
such financial institution.
    (b) Commercial bribery of a financial institution.
        (1) A person commits commercial bribery of a financial
    institution when he or she knowingly confers or offers or
    agrees to confer any benefit upon any employee, agent, or
    fiduciary without the consent of the latter's employer or
    principal, with the intent to influence his or her conduct
    in relation to his or her employer's or principal's
    affairs.
        (2) An employee, agent, or fiduciary of a financial
    institution commits commercial bribery of a financial
    institution when, without the consent of his or her
    employer or principal, he or she knowingly solicits,
    accepts, or agrees to accept any benefit from another
    person upon an agreement or understanding that such benefit
    will influence his or her conduct in relation to his or her
    employer's or principal's affairs.
    (c) Financial institution fraud. A person commits
financial institution fraud when he or she knowingly executes
or attempts to execute a scheme or artifice:
        (1) to defraud a financial institution; or
        (2) to obtain any of the moneys, funds, credits,
    assets, securities, or other property owned by or under the
    custody or control of a financial institution, by means of
    pretenses, representations, or promises he or she knows to
    be false.
    (d) Loan fraud. A person commits loan fraud when he or she
knowingly, with intent to defraud, makes any false statement or
report, or overvalues any land, property, or security, with the
intent to influence in any way the action of a financial
institution to act upon any application, advance, discount,
purchase, purchase agreement, repurchase agreement,
commitment, or loan, or any change or extension of any of the
same, by renewal, deferment of action, or otherwise, or the
acceptance, release, or substitution of security.
    (e) Concealment of collateral. A person commits
concealment of collateral when he or she, with intent to
defraud, knowingly conceals, removes, disposes of, or converts
to the person's own use or to that of another any property
mortgaged or pledged to or held by a financial institution.
    (f) Financial institution robbery. A person commits
robbery when he or she knowingly, by force or threat of force,
or by intimidation, takes, or attempts to take, from the person
or presence of another, or obtains or attempts to obtain by
extortion, any property or money or any other thing of value
belonging to, or in the care, custody, control, management, or
possession of, a financial institution.
    (g) Conspiracy to commit a financial crime.
        (1) A person commits conspiracy to commit a financial
    crime when, with the intent that any violation of this
    Section be committed, he or she agrees with another person
    to the commission of that offense.
        (2) No person may be convicted of conspiracy to commit
    a financial crime unless an overt act or acts in
    furtherance of the agreement is alleged and proved to have
    been committed by that person or by a co-conspirator and
    the accused is a part of a common scheme or plan to engage
    in the unlawful activity.
        (3) It shall not be a defense to conspiracy to commit a
    financial crime that the person or persons with whom the
    accused is alleged to have conspired:
            (A) has not been prosecuted or convicted;
            (B) has been convicted of a different offense;
            (C) is not amenable to justice;
            (D) has been acquitted; or
            (E) lacked the capacity to commit the offense.
    (h) Continuing financial crimes enterprise. A person
commits a continuing financial crimes enterprise when he or she
knowingly, within an 18-month period, commits 3 or more
separate offenses under this Section or, if involving a
financial institution, any other felony offenses under this
Code.
    (i) Organizer of a continuing financial crimes enterprise.
        (1) A person commits being an organizer of a continuing
    financial crimes enterprise when he or she:
            (A) with the intent to commit any offense under
        this Section, or, if involving a financial
        institution, any other felony offense under this Code,
        agrees with another person to the commission of that
        offense on 3 or more separate occasions within an
        18-month period; and
            (B) with respect to the other persons within the
        conspiracy, occupies a position of organizer,
        supervisor, or financier or other position of
        management.
        (2) The person with whom the accused agreed to commit
    the 3 or more offenses under this Section, or, if involving
    a financial institution, any other felony offenses under
    this Code, need not be the same person or persons for each
    offense, as long as the accused was a part of the common
    scheme or plan to engage in each of the 3 or more alleged
    offenses.
    (j) Sentence.
        (1) Except as otherwise provided in this subsection, a
    violation of this Section, the full value of which:
            (A) does not exceed $500, is a Class A misdemeanor;
            (B) does not exceed $500, and the person has been
        previously convicted of a financial crime or any type
        of theft, robbery, armed robbery, burglary,
        residential burglary, possession of burglary tools, or
        home invasion, is guilty of a Class 4 felony;
            (C) exceeds $500 but does not exceed $10,000, is a
        Class 3 felony;
            (D) exceeds $10,000 but does not exceed $100,000,
        is a Class 2 felony;
            (E) exceeds $100,000, is a Class 1 felony.
        (2) A violation of subsection (f) is a Class 1 felony.
        (3) A violation of subsection (h) is a Class 1 felony.
        (4) A violation for subsection (i) is a Class X felony.
    (k) A "financial crime" means an offense described in this
Section.
    (l) Period of limitations. The period of limitations for
prosecution of any offense defined in this Section begins at
the time when the last act in furtherance of the offense is
committed.
 
    (720 ILCS 5/17-10.7 new)
    Sec. 17-10.7. Insurance claims for excessive charges.
    (a) A person who sells goods or services commits insurance
claims for excessive charges if:
        (1) the person knowingly advertises or promises to
    provide the goods or services and to pay:
            (A) all or part of any applicable insurance
        deductible; or
            (B) a rebate in an amount equal to all or part of
        any applicable insurance deductible;
        (2) the goods or services are paid for by the consumer
    from proceeds of a property or casualty insurance policy;
    and
        (3) the person knowingly charges an amount for the
    goods or services that exceeds the usual and customary
    charge by the person for the goods or services by an amount
    equal to or greater than all or part of the applicable
    insurance deductible paid by the person to an insurer on
    behalf of an insured or remitted to an insured by the
    person as a rebate.
    (b) A person who is insured under a property or casualty
insurance policy commits insurance claims for excessive
charges if the person knowingly:
        (1) submits a claim under the policy based on charges
    that are in violation of subsection (a) of this Section; or
        (2) knowingly allows a claim in violation of subsection
    (a) of this Section to be submitted, unless the person
    promptly notifies the insurer of the excessive charges.
    (c) Sentence. A violation of this Section is a Class A
misdemeanor.
 
    (720 ILCS 5/Art. 17, Subdiv. 20 heading new)
SUBDIVISION 20. FRAUDULENT TAMPERING

 
    (720 ILCS 5/17-11)  (from Ch. 38, par. 17-11)
    Sec. 17-11. Odometer or hour meter fraud Fraud. A Any
person commits odometer or hour meter fraud when he or she
disconnects, resets, or alters, or causes who shall, with
intent to defraud another, disconnect, reset, or alter, or
cause to be disconnected, reset, or altered, the odometer of
any used motor vehicle or the hour meter of any used farm
implement with the intent to conceal or change the actual miles
driven or hours of operation with the intent to defraud
another. A violation of this Section is shall be guilty of a
Class A misdemeanor. A person convicted of a second or
subsequent violation is of this Section shall be guilty of a
Class 4 felony. This Section does shall not apply to legitimate
business practices of automotive or implement parts recyclers
who recycle used odometers or hour meters for resale.
(Source: P.A. 84-1391; 84-1438.)
 
    (720 ILCS 5/17-11.2)
    Sec. 17-11.2. Installation of object in lieu of air bag. A
Any person commits installation of object in lieu of airbag
when he or she, who for consideration, knowingly installs or
reinstalls in a vehicle any object in lieu of an air bag that
was designed in accordance with federal safety regulations for
the make, model, and year of the vehicle as part of a vehicle
inflatable restraint system. A violation of this Section is
guilty of a Class A misdemeanor.
(Source: P.A. 92-809, eff. 1-1-03.)
 
    (720 ILCS 5/17-11.5)   (was 720 ILCS 5/16-22)
    Sec. 17-11.5 16-22. Tampering with a security, fire, or
life safety system.
    (a) A person commits the offense of tampering with a
security, fire, or life safety system when he or she knowingly
damages, sabotages, destroys, or causes a permanent or
temporary malfunction in any physical or electronic security,
fire, or life safety system or any component part of any of
those systems including, but not limited to, card readers,
magnetic stripe readers, Wiegand card readers, smart card
readers, proximity card readers, digital keypads, keypad
access controls, digital locks, electromagnetic locks,
electric strikes, electronic exit hardware, exit alarm
systems, delayed egress systems, biometric access control
equipment, intrusion detection systems and sensors, burglar
alarm systems, wireless burglar alarms, silent alarms, duress
alarms, hold-up alarms, glass break detectors, motion
detectors, seismic detectors, glass shock sensors, magnetic
contacts, closed circuit television (CCTV), security cameras,
digital cameras, dome cameras, covert cameras, spy cameras,
hidden cameras, wireless cameras, network cameras, IP
addressable cameras, CCTV camera lenses, video cassette
recorders, CCTV monitors, CCTV consoles, CCTV housings and
enclosures, CCTV pan-and-tilt devices, CCTV transmission and
signal equipment, wireless video transmitters, wireless video
receivers, radio frequency (RF) or microwave components, or
both, infrared illuminators, video motion detectors, video
recorders, time lapse CCTV recorders, digital video recorders
(DVRs), digital image storage systems, video converters, video
distribution amplifiers, video time-date generators,
multiplexers, switchers, splitters, fire alarms, smoke alarm
systems, smoke detectors, flame detectors, fire detection
systems and sensors, fire sprinklers, fire suppression
systems, fire extinguishing systems, public address systems,
intercoms, emergency telephones, emergency call boxes,
emergency pull stations, telephone entry systems, video entry
equipment, annunciators, sirens, lights, sounders, control
panels and components, and all associated computer hardware,
computer software, control panels, wires, cables, connectors,
electromechanical components, electronic modules, fiber
optics, filters, passive components, and power sources
including batteries and back-up power supplies.
    (b) Sentence. A violation of this Section is a Class 4
felony.
(Source: P.A. 94-707, eff. 6-1-06.)
 
    (720 ILCS 5/17-13)
    Sec. 17-13. Fraud in transfers of real and personal
property Fraudulent land sales.
    (a) Conditional sale; sale without consent of title holder.
No person purchasing personal property under a conditional
sales contract shall, during the existence of such conditional
sales contract and before the conditions thereof have been
fulfilled, knowingly sell, transfer, conceal, or in any manner
dispose of such property, or cause or allow the same to be
done, without the written consent of the holder of title.
    (b) Acknowledgment of fraudulent conveyance. No officer
authorized to take the proof and acknowledgment of a conveyance
of real or personal property or other instrument shall
knowingly certify that the conveyance or other instrument was
duly proven or acknowledged by a party to the conveyance or
other instrument when no such acknowledgment or proof was made,
or was not made at the time it was certified to have been made,
with intent to injure or defraud or to enable any other person
to injure or defraud.
    (c) Fraudulent land sales. No A person, after once selling,
bartering, or disposing of a tract or tracts of land or a , town
lot or lots, or executing a bond or agreement for the sale of
lands, or a town lot or lots, shall who again knowingly and
with intent to defraud sell, barter, or dispose fraudulently
sells, barters, or disposes of the same tract or tracts of
land, or town lot or lots, or any part parts of those tracts of
land or , town lot or lots, or knowingly and with intent to
defraud execute fraudulently executes a bond or agreement to
sell, barter, or dispose of the same land, or lot or lots, or
any part of that land or , lot or lots, to any other person for a
valuable consideration is guilty of a Class 3 felony.
    (d) Sentence. A violation of subsection (a) of this Section
is a Class A misdemeanor. A violation of subsection (b) of this
Section is a Class 4 felony. A violation of subsection (c) of
this Section is a Class 3 felony.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/17-17)
    Sec. 17-17. Fraud in Fraudulent issuance of stock
transactions.
    (a) No Every president, cashier, treasurer, secretary, or
other officer, director, or and every agent, attorney, servant,
or employee of a bank, railroad, or manufacturing or other
corporation, nor any and every other person, shall who,
knowingly and designedly, and with intent to defraud, issue,
sell, transfer, assign, or pledge, or cause or procure a
person, bank, railroad, or manufacturing or other corporation,
issues, sells, transfers, assigns, or pledges, or causes or
procures to be issued, sold, transferred, assigned, or pledged,
any false, fraudulent, or simulated certificate or other
evidence of ownership of a share or shares of the capital stock
of a bank, railroad, or manufacturing or other corporation, is
guilty of a Class 3 felony.
    (b) No officer, director, or agent of a bank, railroad, or
other corporation shall knowingly sign, with intent to issue,
sell, pledge, or cause to be issued, sold, or pledged, any
false, fraudulent, or simulated certificate or other evidence
of the ownership or transfer of a share or shares of the
capital stock of that corporation, or an instrument purporting
to be a certificate or other evidence of the ownership or
transfer, the signing, issuing, selling, or pledging of which
by the officer, director, or agent is not authorized by law.
    (c) Sentence. A violation of this Section is a Class 3
felony.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/17-20)
    Sec. 17-20. Obstructing gas, water, or and electric current
meters. A person commits obstructing gas, water, or electric
current meters when he or she knowingly, and who, with intent
to injure or defraud a company, body corporate, copartnership,
or individual, injures, alters, obstructs, or prevents the
action of a meter provided for the purpose of measuring and
registering the quantity of gas, water, or electric current
consumed by or at a burner, orifice, or place, or supplied to a
lamp, motor, machine, or appliance, or causes, procures, or
aids the injuring or altering of any such meter or the
obstruction or prevention of its action, or makes or causes to
be made with a gas pipe, water pipe, or electrical conductor
any connection so as to conduct or supply illumination or
inflammable gas, water, or electric current to any burner,
orifice, lamp, motor, or other machine or appliance from which
the gas, water, or electricity may be consumed or utilized
without passing through or being registered by a meter or
without the consent or acquiescence of the company, municipal
corporation, body corporate, copartnership, or individual
furnishing or transmitting the gas, water, or electric current
through the gas pipe, water pipe, or electrical conductor. A
violation of this Section , is guilty of a Class B misdemeanor.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/17-21)
    Sec. 17-21. Obstructing service meters. A person commits
obstructing service meters when he or she knowingly, and who,
with the intent to defraud, tampers with, alters, obstructs or
prevents the action of a meter, register, or other counting
device that is a part of a mechanical or electrical machine,
equipment, or device that measures service, without the consent
of the owner of the machine, equipment, or device. A violation
of this Section , is guilty of a Class B misdemeanor.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/17-24)
    Sec. 17-24. Mail fraud and wire fraud Fraudulent schemes
and artifices.
    (a) Mail fraud. A person commits mail fraud when he or she:
        (1) devises or intends to devise any scheme or artifice
    to defraud, or to obtain money or property by means of
    false or fraudulent pretenses, representations, or
    promises, or to sell, dispose of, loan, exchange, alter,
    give away, distribute, supply, or furnish or procure for
    unlawful use any counterfeit obligation, security, or
    other article, or anything represented to be or intimated
    or held out to be such a counterfeit or spurious article;
    and
        (2) with the intent to execute such scheme or artifice
    or to attempt to do so, does any of the following:
            (A) Places in any post office or authorized
        depository for mail matter within this State any matter
        or thing to be delivered by the United States Postal
        Service, according to the direction on the matter or
        thing.
            (B) Deposits or causes to be deposited in this
        State any matter or thing to be sent or delivered by
        mail or by private or commercial carrier, according to
        the direction on the matter or thing.
            (C) Takes or receives from mail or from a private
        or commercial carrier any such matter or thing at the
        place at which it is directed to be delivered by the
        person to whom it is addressed.
            (D) Knowingly causes any such matter or thing to be
        delivered by mail or by private or commercial carrier,
        according to the direction on the matter or thing.
    (b) Wire fraud. (a) Fraud by wire, radio, or television.
(1) A person commits wire fraud when he or she:
        (1) (A) devises or intends to devise a scheme or
    artifice to defraud or to obtain money or property by means
    of false pretenses, representations, or promises; and
        (2) for the purpose of executing the scheme or
    artifice, (B) (i) transmits or causes to be transmitted any
    writings, signals, pictures, sounds, or electronic or
    electric impulses by means of wire, radio, or television
    communications:
            (A) from within this State; or
            (B) (ii) transmits or causes to be transmitted so
        that the transmission it is received by a person within
        this State; or
            (C) (iii) transmits or causes to be transmitted so
        that the transmission may it is reasonably foreseeable
        that it will be accessed by a person within this
        State. :
    any writings, signals, pictures, sounds, or electronic or
electric impulses by means of wire, radio, or television
communications for the purpose of executing the scheme or
artifice.
    (c) Jurisdiction.
        (1) Mail fraud using a government or private carrier
    occurs in the county in which mail or other matter is
    deposited with the United States Postal Service or a
    private commercial carrier for delivery, if deposited with
    the United States Postal Service or a private or commercial
    carrier within this State, and the county in which a person
    within this State receives the mail or other matter from
    the United States Postal Service or a private or commercial
    carrier.
        (2) Wire fraud occurs A scheme or artifice to defraud
    using electronic transmissions is deemed to occur in the
    county from which a transmission is sent, if the
    transmission is sent from within this State, the county in
    which a person within this State receives the transmission,
    and the county in which a person who is within this State
    is located when the person accesses a transmission.
    (d) Sentence. A violation of this Section is a Class 3
felony.
        (3) Wire fraud is a Class 3 felony.
    (b) Mail fraud.
        (1) A person commits mail fraud when he or she:
            (A) devises or intends to devise any scheme or
        artifice to defraud or to obtain money or property by
        means of false or fraudulent pretenses,
        representations or promises, or to sell, dispose of,
        loan, exchange, alter, give away, distribute, supply,
        or furnish or procure for unlawful use any counterfeit
        obligation, security, or other article, or anything
        represented to be or intimated or held out to be such
        counterfeit or spurious article; and
            (B) for the purpose of executing such scheme or
        artifice or attempting so to do, places in any post
        office or authorized depository for mail matter within
        this State, any matter or thing whatever to be
        delivered by the Postal Service, or deposits or causes
        to be deposited in this State by mail or by private or
        commercial carrier according to the direction on the
        matter or thing, or at the place at which it is
        directed to be delivered by the person to whom it is
        addressed, any such matter or thing.
        (2) A scheme or artifice to defraud using a government
    or private carrier is deemed to occur in the county in
    which mail or other matter is deposited with the Postal
    Service or a private commercial carrier for delivery, if
    deposited with the Postal Service or a private or
    commercial carrier within this State and the county in
    which a person within this State receives the mail or other
    matter from the Postal Service or a private or commercial
    carrier.
        (3) Mail fraud is a Class 3 felony.
    (c) (Blank).
    (d) The period of limitations for prosecution of any
offense defined in this Section begins at the time when the
last act in furtherance of the scheme or artifice is committed.
    (e) In this Section:
        (1) "Scheme or artifice to defraud" includes a scheme
    or artifice to deprive another of the intangible right to
    honest services.
        (2) (Blank).
(Source: P.A. 96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/17-26)
    Sec. 17-26. Misconduct by a corporate official.
    (a) A person commits misconduct by a corporate official is
guilty of a crime when:
        (1) being a director of a corporation, he or she
    knowingly, with the intent a purpose to defraud, concurs in
    any vote or act of the directors of the corporation, or any
    of them, which has the purpose of:
            (A) making a dividend except in the manner provided
        by law;
            (B) dividing, withdrawing or in any manner paying
        any stockholder any part of the capital stock of the
        corporation except in the manner provided by law;
            (C) discounting or receiving any note or other
        evidence of debt in payment of an installment of
        capital stock actually called in and required to be
        paid, or with purpose of providing the means of making
        such payment;
            (D) receiving or discounting any note or other
        evidence of debt with the purpose of enabling any
        stockholder to withdraw any part of the money paid in
        by him or her on his or her stock; or
            (E) applying any portion of the funds of such
        corporation, directly or indirectly, to the purchase
        of shares of its own stock, except in the manner
        provided by law; or
        (2) being a director or officer of a corporation, he or
    she, with the intent purpose to defraud:
            (A) issues, participates in issuing, or concurs in
        a vote to issue any increase of its capital stock
        beyond the amount of the capital stock thereof, duly
        authorized by or in pursuance of law;
            (B) sells, or agrees to sell, or is directly
        interested in the sale of any share of stock of such
        corporation, or in any agreement to sell such stock,
        unless at the time of the sale or agreement he or she
        is an actual owner of such share, provided that the
        foregoing shall not apply to a sale by or on behalf of
        an underwriter or dealer in connection with a bona fide
        public offering of shares of stock of such corporation;
            (C) executes a scheme or attempts to execute a
        scheme to obtain any share of stock of such corporation
        by means of false representation; or
        (3) being a director or officer of a corporation, he or
    she with the intent purpose to defraud or evade a financial
    disclosure reporting requirement of this State or of
    Section 13(A) or 15(D) of the Securities Exchange Act of
    1934, as amended, 15 U. S. C. 78M(A) or 78O(D):
            (A) causes or attempts to cause a corporation or
        accounting firm representing the corporation or any
        other individual or entity to fail to file a financial
        disclosure report as required by State or federal law;
        or
            (B) causes or attempts to cause a corporation or
        accounting firm representing the corporation or any
        other individual or entity to file a financial
        disclosure report, as required by State or federal law,
        that contains a material omission or misstatement of
        fact.
    (b) Sentence. If the benefit derived from a violation of
this Section is $500,000 or more, the violation offender is
guilty of a Class 2 felony. If the benefit derived from a
violation of this Section is less than $500,000, the violation
offender is guilty of a Class 3 felony.
(Source: P.A. 96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/17-27)
    Sec. 17-27. Fraud on creditors in insolvency.
    (a) Fraud in insolvency. A person commits fraud in
insolvency when a crime if, knowing that proceedings have or
are about to be instituted for the appointment of a receiver or
other person entitled to administer property for the benefit of
creditors, or that any other composition or liquidation for the
benefit of creditors has been or is about to be made, he or
she:
        (1) destroys, removes, conceals, encumbers, transfers,
    or otherwise deals with any property or obtains any
    substantial part of or interest in the debtor's estate with
    the intent purpose to defeat or obstruct the claim of any
    creditor, or otherwise to obstruct the operation of any law
    relating to administration of property for the benefit of
    creditors;
        (2) knowingly falsifies any writing or record relating
    to the property; or
        (3) knowingly misrepresents or refuses to disclose to a
    receiver or other person entitled to administer property
    for the benefit of creditors, the existence, amount, or
    location of the property, or any other information which
    the actor could be legally required to furnish in relation
    to such administration.
    Sentence. (b) If the benefit derived from a violation of
this subsection (a) Section is $500,000 or more, the violation
offender is guilty of a Class 2 felony. If the benefit derived
from a violation of this subsection (a) Section is less than
$500,000, the violation offender is guilty of a Class 3 felony.
    (b) Fraud in property transfer. A person commits fraud in
property transfer when he or she transfers or conveys any
interest in property with the intent to defraud, defeat,
hinder, or delay his or her creditors. A violation of this
subsection (b) is a business offense subject to a fine not to
exceed $1,000.
(Source: P.A. 93-496, eff. 1-1-04.)
 
    (720 ILCS 5/17-30)   (was 720 ILCS 5/16C-2)
    Sec. 17-30 16C-2. Defaced, altered, or removed
manufacturer or owner identification number.
    (a) Unlawful sale of household appliances. A person commits
the offense of unlawful sale of household appliances when he or
she knowingly, with the intent to defraud or deceive another,
keeps for sale, within any commercial context, any household
appliance with a missing, defaced, obliterated, or otherwise
altered manufacturer's identification number.
    (b) Construction equipment identification defacement. A
person commits construction equipment identification
defacement when he or she knowingly changes, alters, removes,
mutilates, or obliterates a permanently affixed serial number,
product identification number, part number, component
identification number, owner-applied identification, or other
mark of identification attached to or stamped, inscribed,
molded, or etched into a machine or other equipment, whether
stationary or mobile or self-propelled, or a part of such
machine or equipment, used in the construction, maintenance, or
demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways,
dams, airports, or waterways or in material handling for such
projects.
    The trier of fact may infer that the defendant has
knowingly changed, altered, removed, or obliterated the serial
number, product identification number, part number, component
identification number, owner-applied identification number, or
other mark of identification, if the defendant was in
possession of any machine or other equipment or a part of such
machine or equipment used in the construction, maintenance, or
demolition of buildings, structures, bridges, tunnels, sewers,
utility pipes or lines, ditches or open cuts, roads, highways,
dams, airports, or waterways or in material handling for such
projects upon which any such serial number, product
identification number, part number, component identification
number, owner-applied identification number, or other mark of
identification has been changed, altered, removed, or
obliterated.
    (c) Defacement of manufacturer's serial number or
identification mark. A person commits defacement of a
manufacturer's serial number or identification mark when he or
she knowingly removes, alters, defaces, covers, or destroys the
manufacturer's serial number or any other manufacturer's
number or distinguishing identification mark upon any machine
or other article of merchandise, other than a motor vehicle as
defined in Section 1-146 of the Illinois Vehicle Code or a
firearm as defined in the Firearm Owners Identification Card
Act, with the intent of concealing or destroying the identity
of such machine or other article of merchandise.
    (d) Sentence.
        (1) A violation of subsection (a) (b) Violation of this
    Section is a Class 4 felony, if the value of the appliance
    or appliances exceeds $1,000 and a Class B misdemeanor if
    the value of the appliance or appliances is $1,000 or less.
        (2) A violation of subsection (b) of this Section is a
    Class A misdemeanor.
        (3) A violation of subsection (c) of this Section is a
    Class B misdemeanor.
    (e) (c) No liability shall be imposed upon any person for
the unintentional failure to comply with subsection (a) this
Section.
    (f) Definitions. In this Section:
    "Commercial context" means a continuing business
enterprise conducted for profit by any person whose primary
business is the wholesale or retail marketing of household
appliances, or a significant portion of whose business or
inventory consists of household appliances kept or sold on a
wholesale or retail basis.
    "Household appliance" means any gas or electric device or
machine marketed for use as home entertainment or for
facilitating or expediting household tasks or chores. The term
shall include but not necessarily be limited to refrigerators,
freezers, ranges, radios, television sets, vacuum cleaners,
toasters, dishwashers, and other similar household items.
    "Manufacturer's identification number" means any serial
number or other similar numerical or alphabetical designation
imprinted upon or attached to or placed, stamped, or otherwise
imprinted upon or attached to a household appliance or item by
the manufacturer for purposes of identifying a particular
appliance or item individually or by lot number.
(Source: P.A. 87-435.)
 
    (720 ILCS 5/Art. 17, Subdiv. 25 heading new)
SUBDIVISION 25. CREDIT AND DEBIT CARD FRAUD

 
    (720 ILCS 5/17-31 new)
    Sec. 17-31. False statement to procure credit or debit
card. A person commits false statement to procure credit or
debit card when he or she makes or causes to be made, either
directly or indirectly, any false statement in writing, knowing
it to be false and with the intent that it be relied on,
respecting his or her identity, his or her address, or his or
her employment, or that of any other person, firm, or
corporation, with the intent to procure the issuance of a
credit card or debit card. A violation of this Section is a
Class 4 felony.
 
    (720 ILCS 5/17-32 new)
    Sec. 17-32. Possession of another's credit, debit, or
identification card.
    (a) Possession of another's identification card. A person
commits possession of another's identification card when he or
she, with the intent to defraud, possesses any check guarantee
card or key card or identification card for cash dispensing
machines without the authority of the account holder or
financial institution.
    (b) Possession of another's credit or debit card. A person
commits possession of another's credit or debit card when he or
she receives a credit card or debit card from the person,
possession, custody, or control of another without the
cardholder's consent or if he or she, with knowledge that it
has been so acquired, receives the credit card or debit card
with the intent to use it or to sell it, or to transfer it to a
person other than the issuer or the cardholder. The trier of
fact may infer that a person who has in his or her possession
or under his or her control 2 or more such credit cards or
debit cards each issued to a cardholder other than himself or
herself has violated this Section.
    (c) Sentence.
        (1) A violation of subsection (a) of this Section is a
    Class A misdemeanor. A person who, within any 12-month
    period, violates subsection (a) of this Section at the same
    time or consecutively with respect to 3 or more cards, each
    the property of different account holders, is guilty of a
    Class 4 felony. A person convicted under subsection (a) of
    this Section, when the value of property so obtained, in a
    single transaction or in separate transactions within any
    90-day period, exceeds $150 is guilty of a Class 4 felony.
        (2) A violation of subsection (b) of this Section is a
    Class 4 felony. A person who, in any 12-month period,
    violates subsection (b) of this Section with respect to 3
    or more credit cards or debit cards each issued to a
    cardholder other than himself or herself is guilty of a
    Class 3 felony.
 
    (720 ILCS 5/17-33 new)
    Sec. 17-33. Possession of lost or mislaid credit or debit
card. A person who receives a credit card or debit card that he
or she knows to have been lost or mislaid and who retains
possession with intent to use it or to sell it or to transfer
it to a person other than the issuer or the cardholder is
guilty of a Class 4 felony.
    A person who, in a single transaction, violates this
Section with respect to 3 or more credit cards or debit cards
each issued to different cardholders other than himself or
herself is guilty of a Class 3 felony.
 
    (720 ILCS 5/17-34 new)
    Sec. 17-34. Sale of credit or debit card. A person other
than the issuer who sells a credit card or debit card, without
the consent of the issuer, is guilty of a Class 4 felony.
    A person who knowingly purchases a credit card or debit
card from a person other than the issuer, without the consent
of the issuer, is guilty of a Class 4 felony.
    A person who, in a single transaction, makes a sale or
purchase prohibited by this Section with respect to 3 or more
credit cards or debit cards each issued to a cardholder other
than himself or herself is guilty of a Class 3 felony.
 
    (720 ILCS 5/17-35 new)
    Sec. 17-35. Use of credit or debit card as security for
debt. A person who, with intent to defraud either the issuer,
or a person providing an item or items of value, or any other
person, obtains control over a credit card or debit card as
security for debt or transfers, conveys, or gives control over
a credit card or debit card as security for debt is guilty of a
Class 4 felony.
 
    (720 ILCS 5/17-36 new)
    Sec. 17-36. Use of counterfeited, forged, expired,
revoked, or unissued credit or debit card. A person who, with
intent to defraud either the issuer, or a person providing an
item or items of value, or any other person, (i) uses, with the
intent to obtain an item or items of value, a credit card or
debit card obtained or retained in violation of this
Subdivision 25 or without the cardholder's consent, or a credit
card or debit card which he or she knows is counterfeited, or
forged, or expired, or revoked or (ii) obtains or attempts to
obtain an item or items of value by representing without the
consent of the cardholder that he or she is the holder of a
specified card or by representing that he or she is the holder
of a card and such card has not in fact been issued is guilty of
a Class 4 felony if the value of all items of value obtained or
sought in violation of this Section does not exceed $300 in any
6-month period; and is guilty of a Class 3 felony if the value
exceeds $300 in any 6-month period. The trier of fact may infer
that knowledge of revocation has been received by a cardholder
4 days after it has been mailed to him or her at the address set
forth on the credit card or debit card or at his or her last
known address by registered or certified mail, return receipt
requested, and, if the address is more than 500 miles from the
place of mailing, by air mail. The trier of fact may infer that
notice was received 10 days after mailing by registered or
certified mail if the address is located outside the United
States, Puerto Rico, the Virgin Islands, the Canal Zone, and
Canada.
 
    (720 ILCS 5/17-37 new)
    Sec. 17-37. Use of credit or debit card with intent to
defraud. A cardholder who uses a credit card or debit card
issued to him or her, or allows another person to use a credit
card or debit card issued to him or her, with intent to defraud
the issuer, or a person providing an item or items of value, or
any other person is guilty of a Class A misdemeanor if the
value of all items of value does not exceed $150 in any 6-month
period; and is guilty of a Class 4 felony if the value exceeds
$150 in any 6-month period.
 
    (720 ILCS 5/17-38 new)
    Sec. 17-38. Use of account number or code with intent to
defraud; possession of record of charge forms.
    (a) A person who, with intent to defraud either an issuer,
or a person providing an item or items of value, or any other
person, utilizes an account number or code or enters
information on a record of charge form with the intent to
obtain an item or items of value is guilty of a Class 4 felony
if the value of the item or items of value obtained does not
exceed $150 in any 6-month period; and is guilty of a Class 3
felony if the value exceeds $150 in any 6-month period.
    (b) A person who, with intent to defraud either an issuer
or a person providing an item or items of value, or any other
person, possesses, without the consent of the issuer or
purported issuer, record of charge forms bearing the printed
impression of a credit card or debit card is guilty of a Class
4 felony. The trier of fact may infer intent to defraud from
the possession of such record of charge forms by a person other
than the issuer or a person authorized by the issuer to possess
record of charge forms.
 
    (720 ILCS 5/17-39 new)
    Sec. 17-39. Receipt of goods or services. A person who
receives an item or items of value obtained in violation of
this Subdivision 25, knowing that it was so obtained or under
such circumstances as would reasonably induce him or her to
believe that it was so obtained, is guilty of a Class A
misdemeanor if the value of all items of value obtained does
not exceed $150 in any 6-month period; and is guilty of a Class
4 felony if the value exceeds $150 in any 6-month period.
 
    (720 ILCS 5/17-40 new)
    Sec. 17-40. Signing another's card with intent to defraud.
A person other than the cardholder or a person authorized by
him or her who, with intent to defraud either the issuer, or a
person providing an item or items of value, or any other
person, signs a credit card or debit card is guilty of a Class
A misdemeanor.
 
    (720 ILCS 5/17-41 new)
    Sec. 17-41. Altered or counterfeited card.
    (a) A person commits an offense under this Section when he
or she, with intent to defraud either a purported issuer, or a
person providing an item or items of value, or any other
person, commits an offense under this Section if he or she: (i)
alters a credit card or debit card or a purported credit card
or debit card, or possesses a credit card or debit card or a
purported credit card or debit card with knowledge that the
same has been altered; or (ii) counterfeits a purported credit
card or debit card, or possesses a purported credit card or
debit card with knowledge that the card has been counterfeited.
    (b) Sentence. A violation of item (i) of subsection (a) is
a Class 4 felony. A violation of item (ii) of subsection (a) is
a Class 3 felony. The trier of fact may infer that possession
of 2 or more credit cards or debit cards by a person other than
the issuer in violation of subsection (a) is evidence that the
person intended to defraud or that he or she knew the credit
cards or debit cards to have been so altered or counterfeited.
 
    (720 ILCS 5/17-42 new)
    Sec. 17-42. Possession of incomplete card. A person other
than the cardholder possessing an incomplete credit card or
debit card, with intent to complete it without the consent of
the issuer or a person possessing, with knowledge of its
character, machinery, plates, or any other contrivance
designed to reproduce instruments purporting to be credit cards
or debit cards of an issuer who has not consented to the
preparation of such credit cards or debit cards is guilty of a
Class 3 felony. The trier of fact may infer that a person other
than the cardholder or issuer who possesses 2 or more
incomplete credit cards or debit cards possesses those cards
without the consent of the issuer.
 
    (720 ILCS 5/17-43 new)
    Sec. 17-43. Prohibited deposits.
    (a) A person who, with intent to defraud the issuer of a
credit card or debit card or any person providing an item or
items of value, or any other person, deposits into his or her
account or any account, via an electronic fund transfer
terminal, a check, draft, money order, or other such document,
knowing such document to be false, fictitious, forged, altered,
counterfeit, or not his or her lawful or legal property, is
guilty of a Class 4 felony.
    (b) A person who receives value as a result of a false,
fictitious, forged, altered, or counterfeit check, draft,
money order, or other such document having been deposited into
an account via an electronic fund transfer terminal, knowing at
the time of receipt of the value that the document so deposited
was false, fictitious, forged, altered, counterfeit, or not his
or her lawful or legal property, is guilty of a Class 4 felony.
 
    (720 ILCS 5/17-44 new)
    Sec. 17-44. Fraudulent use of electronic transmission.
    (a) A person who, with intent to defraud the issuer of a
credit card or debit card, the cardholder, or any other person,
intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal
or to the issuer, via any line, wire, or other means of
electronic transmission, at any junction, terminal, or device,
or at any location within the EFT System, with the intent to
obtain value, is guilty of a Class 4 felony.
    (b) Any person who, with intent to defraud the issuer of a
credit card or debit card, the cardholder, or any other person,
intercepts, taps, or alters electronic information between an
electronic fund transfer terminal and the issuer, or originates
electronic information to an electronic fund transfer terminal
or to the issuer, via any line, wire, or other means of
electronic transmission, at any junction, terminal, or device,
or at any location within the EFT System, and thereby causes
funds to be transferred from one account to any other account,
is guilty of a Class 4 felony.
 
    (720 ILCS 5/17-45 new)
    Sec. 17-45. Payment of charges without furnishing item of
value.
    (a) No person shall process, deposit, negotiate, or obtain
payment of a credit card charge through a retail seller's
account with a financial institution or through a retail
seller's agreement with a financial institution, card issuer,
or organization of financial institutions or card issuers if
that retail seller did not furnish or agree to furnish the item
or items of value that are the subject of the credit card
charge.
    (b) No retail seller shall permit any person to process,
deposit, negotiate, or obtain payment of a credit card charge
through the retail seller's account with a financial
institution or the retail seller's agreement with a financial
institution, card issuer, or organization of financial
institutions or card issuers if that retail seller did not
furnish or agree to furnish the item or items of value that are
the subject of the credit card charge.
    (c) Subsections (a) and (b) do not apply to any of the
following:
        (1) A person who furnishes goods or services on the
    business premises of a general merchandise retail seller
    and who processes, deposits, negotiates, or obtains
    payment of a credit card charge through that general
    merchandise retail seller's account or agreement.
        (2) A general merchandise retail seller who permits a
    person described in paragraph (1) to process, deposit,
    negotiate, or obtain payment of a credit card charge
    through that general merchandise retail seller's account
    or agreement.
        (3) A franchisee who furnishes the cardholder with an
    item or items of value that are provided in whole or in
    part by the franchisor and who processes, deposits,
    negotiates, or obtains payment of a credit card charge
    through that franchisor's account or agreement.
        (4) A franchisor who permits a franchisee described in
    paragraph (3) to process, deposit, negotiate, or obtain
    payment of a credit card charge through that franchisor's
    account or agreement.
        (5) The credit card issuer or a financial institution
    or a parent, subsidiary, or affiliate of the card issuer or
    a financial institution.
        (6) A person who processes, deposits, negotiates, or
    obtains payment of less than $500 of credit card charges in
    any one-year period through a retail seller's account or
    agreement. The person has the burden of producing evidence
    that the person transacted less than $500 in credit card
    charges during any one-year period.
        (7) A telecommunications carrier that includes charges
    of other parties in its billings to its subscribers and
    those other parties whose charges are included in the
    billings of the telecommunications carrier to its
    subscribers.
    (d) A person injured by a violation of this Section may
bring an action for the recovery of damages, equitable relief,
and reasonable attorney's fees and costs.
    (e) A person who violates this Section is guilty of a
business offense and shall be fined $10,000 for each offense.
Each occurrence in which a person processes, deposits,
negotiates, or otherwise seeks to obtain payment of a credit
card charge in violation of subsection (a) constitutes a
separate offense.
    (f) The penalties and remedies provided in this Section are
in addition to any other remedies or penalties provided by law.
    (g) As used in this Section:
    "Franchisor" and "franchisee" have the same meanings as in
Section 3 of the Franchise Disclosure Act of 1987.
    "Retail seller" has the same meaning as in Section 2.4 of
the Retail Installment Sales Act.
    "Telecommunications carrier" has the same meaning as in
Section 13-202 of the Public Utilities Act.
 
    (720 ILCS 5/17-46 new)
    Sec. 17-46. Furnishing items of value with intent to
defraud. A person who is authorized by an issuer to furnish
money, goods, property, services or anything else of value upon
presentation of a credit card or debit card by the cardholder,
or any agent or employee of such person, who, with intent to
defraud the issuer or the cardholder, furnishes money, goods,
property, services or anything else of value upon presentation
of a credit card or debit card obtained or retained in
violation of this Code or a credit card or debit card which he
knows is counterfeited, or forged, or expired, or revoked is
guilty of a Class A misdemeanor, if the value furnished in
violation of this Section does not exceed $150 in any 6-month
period; and is guilty of a Class 4 felony if such value exceeds
$150 in any 6-month period.
 
    (720 ILCS 5/17-47 new)
    Sec. 17-47. Failure to furnish items of value. A person who
is authorized by an issuer to furnish money, goods, property,
services or anything else of value upon presentation of a
credit card or debit card by the cardholder, or any agent or
employee of such person, who, with intent to defraud the issuer
or the cardholder, fails to furnish money, goods, property,
services or anything else of value which he represents in
writing to the issuer that he has furnished is guilty of a
Class A misdemeanor if the difference between the value of all
money, goods, property, services and anything else of value
actually furnished and the value represented to the issuer to
have been furnished does not exceed $150 in any 6-month period;
and is guilty of a Class 4 felony if such difference exceeds
$150 in any 6-month period.
 
    (720 ILCS 5/17-48 new)
    Sec. 17-48. Repeat offenses. Any person convicted of a
second or subsequent offense under this Subdivision 25 is
guilty of a Class 3 felony.
    For purposes of this Section, an offense is considered a
second or subsequent offense if, prior to his or her conviction
of the offense, the offender has at any time been convicted
under this Subdivision 25, or under any prior Act, or under any
law of the United States or of any state relating to credit
card or debit card offenses.
 
    (720 ILCS 5/17-49 new)
    Sec. 17-49. Severability. If any provision of this
Subdivision 25 or its application to any person or
circumstances is held invalid, the invalidity shall not affect
other provisions or applications of this Subdivision 25 which
can be given effect without the invalid provision or
application, and to this end the provisions of this Subdivision
25 are declared to be severable.
 
    (720 ILCS 5/17-49.5 new)
    Sec. 17-49.5. Telephone Charge Fraud Act unaffected.
Nothing contained in this Subdivision 25 shall be construed to
repeal, amend, or otherwise affect the Telephone Charge Fraud
Act.
 
    (720 ILCS 5/Art. 17, Subdiv. 30 heading new)
SUBDIVISION 30. COMPUTER FRAUD

 
    (720 ILCS 5/17-50)   (was 720 ILCS 5/16D-5 and 5/16D-6)
    Sec. 17-50 16D-5. Computer fraud Fraud.
    (a) A person commits the offense of computer fraud when he
or she knowingly:
        (1) Accesses or causes to be accessed a computer or any
    part thereof, or a program or data, with the intent for the
    purpose of devising or executing any scheme or , artifice to
    defraud, or as part of a deception;
        (2) Obtains use of, damages, or destroys a computer or
    any part thereof, or alters, deletes, or removes any
    program or data contained therein, in connection with any
    scheme or , artifice to defraud, or as part of a deception;
    or
        (3) Accesses or causes to be accessed a computer or any
    part thereof, or a program or data, and obtains money or
    control over any such money, property, or services of
    another in connection with any scheme or , artifice to
    defraud, or as part of a deception.
    (b) Sentence.
        (1) A violation of subdivision person who commits the
    offense of computer fraud as set forth in subsection (a)(1)
    of this Section is shall be guilty of a Class 4 felony.
        (2) A violation of subdivision person who commits the
    offense of computer fraud as set forth in subsection (a)(2)
    of this Section is shall be guilty of a Class 3 felony.
        (3) A violation of subdivision person who commits the
    offense of computer fraud as set forth in subsection (a)(3)
    of this Section shall:
            (i) is be guilty of a Class 4 felony if the value
        of the money, property, or services is $1,000 or less;
        or
            (ii) is be guilty of a Class 3 felony if the value
        of the money, property, or services is more than $1,000
        but less than $50,000; or
            (iii) is be guilty of a Class 2 felony if the value
        of the money, property, or services is $50,000 or more.
    (c) Sec. 16D-6. Forfeiture of property. Any person who
commits the offense of computer fraud as set forth in
subsection (a) Section 16D-5 is subject to the property
forfeiture provisions set forth in Article 124B of the Code of
Criminal Procedure of 1963.
(Source: P.A. 85-926; 96-712, eff. 1-1-10.)
 
    (720 ILCS 5/17-51)  (was 720 ILCS 5/16D-3)
    Sec. 17-51 16D-3. Computer tampering Tampering.
    (a) A person commits the offense of computer tampering when
he or she knowingly and without the authorization of a
computer's owner, as defined in Section 15-2 of this Code, or
in excess of the authority granted to him or her:
        (1) Accesses or causes to be accessed a computer or any
    part thereof, a computer network, or a program or data;
        (2) Accesses or causes to be accessed a computer or any
    part thereof, a computer network, or a program or data, and
    obtains data or services;
        (3) Accesses or causes to be accessed a computer or any
    part thereof, a computer network, or a program or data, and
    damages or destroys the computer or alters, deletes, or
    removes a computer program or data;
        (4) Inserts or attempts to insert a "program" into a
    computer or computer program knowing or having reason to
    know believe that such "program" contains information or
    commands that will or may:
            (A) damage or destroy that computer, or any other
        computer subsequently accessing or being accessed by
        that computer; , or that will or may
            (B) alter, delete, or remove a computer program or
        data from that computer, or any other computer program
        or data in a computer subsequently accessing or being
        accessed by that computer; or , or that will or may
            (C) cause loss to the users of that computer or the
        users of a computer which accesses or which is accessed
        by such "program"; or
        (5) Falsifies or forges electronic mail transmission
    information or other routing information in any manner in
    connection with the transmission of unsolicited bulk
    electronic mail through or into the computer network of an
    electronic mail service provider or its subscribers.
    (a-5) Distributing software to falsify routing
information. It is shall be unlawful for any person knowingly
to sell, give, or otherwise distribute or possess with the
intent to sell, give, or distribute software which:
        (1) is primarily designed or produced for the purpose
    of facilitating or enabling the falsification of
    electronic mail transmission information or other routing
    information;
        (2) has only a limited commercially significant
    purpose or use other than to facilitate or enable the
    falsification of electronic mail transmission information
    or other routing information; or
        (3) is marketed by that person or another acting in
    concert with that person with that person's knowledge for
    use in facilitating or enabling the falsification of
    electronic mail transmission information or other routing
    information.
    (a-10) For purposes of subsection (a), accessing a computer
network is deemed to be with the authorization of a computer's
owner if:
        (1) the owner authorizes patrons, customers, or guests
    to access the computer network and the person accessing the
    computer network is an authorized patron, customer, or
    guest and complies with all terms or conditions for use of
    the computer network that are imposed by the owner; or
        (2) the owner authorizes the public to access the
    computer network and the person accessing the computer
    network complies with all terms or conditions for use of
    the computer network that are imposed by the owner.
    (b) Sentence.
        (1) A person who commits the offense of computer
    tampering as set forth in subdivision subsection (a)(1) or ,
    (a)(5), or subsection (a-5) of this Section is shall be
    guilty of a Class B misdemeanor.
        (2) A person who commits the offense of computer
    tampering as set forth in subdivision subsection (a)(2) of
    this Section is shall be guilty of a Class A misdemeanor
    and a Class 4 felony for the second or subsequent offense.
        (3) A person who commits the offense of computer
    tampering as set forth in subdivision subsection (a)(3) or
    subsection (a)(4) of this Section is shall be guilty of a
    Class 4 felony and a Class 3 felony for the second or
    subsequent offense.
        (4) If an the injury arises from the transmission of
    unsolicited bulk electronic mail, the injured person,
    other than an electronic mail service provider, may also
    recover attorney's fees and costs, and may elect, in lieu
    of actual damages, to recover the lesser of $10 for each
    and every unsolicited bulk electronic mail message
    transmitted in violation of this Section, or $25,000 per
    day. The injured person shall not have a cause of action
    against the electronic mail service provider that merely
    transmits the unsolicited bulk electronic mail over its
    computer network.
        (5) If an the injury arises from the transmission of
    unsolicited bulk electronic mail, an injured electronic
    mail service provider may also recover attorney's fees and
    costs, and may elect, in lieu of actual damages, to recover
    the greater of $10 for each and every unsolicited
    electronic mail advertisement transmitted in violation of
    this Section, or $25,000 per day.
        (6) The provisions of this Section shall not be
    construed to limit any person's right to pursue any
    additional civil remedy otherwise allowed by law.
    (c) Whoever suffers loss by reason of a violation of
subdivision subsection (a)(4) of this Section may, in a civil
action against the violator, obtain appropriate relief. In a
civil action under this Section, the court may award to the
prevailing party reasonable attorney's fees and other
litigation expenses.
(Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10.)
 
    (720 ILCS 5/17-52)   (was 720 ILCS 5/16D-4)
    Sec. 17-52 16D-4. Aggravated computer tampering Computer
Tampering.
    (a) A person commits aggravated computer tampering when he
or she commits the offense of computer tampering as set forth
in paragraph subsection (a)(3) of Section 17-51 16D-3 and he or
she knowingly:
        (1) causes disruption of or interference with vital
    services or operations of State or local government or a
    public utility; or
        (2) creates a strong probability of death or great
    bodily harm to one or more individuals.
    (b) Sentence.
        (1) A person who commits the offense of aggravated
    computer tampering as set forth in paragraph subsection
    (a)(1) of this Section is shall be guilty of a Class 3
    felony.
        (2) A person who commits the offense of aggravated
    computer tampering as set forth in paragraph subsection
    (a)(2) of this Section is shall be guilty of a Class 2
    felony.
(Source: P.A. 86-820.)
 
    (720 ILCS 5/17-52.5)   (was 720 ILCS 5/16D-5.5)
    Sec. 17-52.5 16D-5.5. Unlawful use of encryption.
    (a) For the purpose of this Section:
        "Access" means to intercept, instruct, communicate
    with, store data in, retrieve from, or otherwise make use
    of any resources of a computer, network, or data.
        "Computer" means an electronic device which performs
    logical, arithmetic, and memory functions by manipulations
    of electronic or magnetic impulses and includes all
    equipment related to the computer in a system or network.
        "Computer contaminant" means any data, information,
    image, program, signal, or sound that is designated or has
    the capability to: (1) contaminate, corrupt, consume,
    damage, destroy, disrupt, modify, record, or transmit; or
    (2) cause to be contaminated, corrupted, consumed,
    damaged, destroyed, disrupted, modified, recorded, or
    transmitted, any other data, information, image, program,
    signal, or sound contained in a computer, system, or
    network without the knowledge or consent of the person who
    owns the other data, information, image, program, signal,
    or sound or the computer, system, or network.
        "Computer contaminant" includes, without limitation:
    (1) a virus, worm, or Trojan horse; (2) spyware that tracks
    computer activity and is capable of recording and
    transmitting such information to third parties; or (3) any
    other similar data, information, image, program, signal,
    or sound that is designed or has the capability to prevent,
    impede, delay, or disrupt the normal operation or use of
    any component, device, equipment, system, or network.
        "Data" means a representation in any form of
    information, knowledge, facts, concepts, or instructions
    which is being prepared or has been formally prepared and
    is intended to be processed, is being processed or has been
    processed in a system or network.
        "Encryption" means the use of any protective or
    disruptive measure, including, without limitation,
    cryptography, enciphering, encoding, or a computer
    contaminant, to: (1) prevent, impede, delay, or disrupt
    access to any data, information, image, program, signal, or
    sound; (2) cause or make any data, information, image,
    program, signal, or sound unintelligible or unusable; or
    (3) prevent, impede, delay, or disrupt the normal operation
    or use of any component, device, equipment, system, or
    network.
        "Network" means a set of related, remotely connected
    devices and facilities, including more than one system,
    with the capability to transmit data among any of the
    devices and facilities. The term includes, without
    limitation, a local, regional, or global computer network.
        "Program" means an ordered set of data representing
    coded instructions or statements which can be executed by a
    computer and cause the computer to perform one or more
    tasks.
        "System" means a set of related equipment, whether or
    not connected, which is used with or for a computer.
    (b) A person shall not knowingly use or attempt to use
encryption, directly or indirectly, to:
        (1) commit, facilitate, further, or promote any
    criminal offense;
        (2) aid, assist, or encourage another person to commit
    any criminal offense;
        (3) conceal evidence of the commission of any criminal
    offense; or
        (4) conceal or protect the identity of a person who has
    committed any criminal offense.
    (c) Telecommunications carriers and information service
providers are not liable under this Section, except for willful
and wanton misconduct, for providing encryption services used
by others in violation of this Section.
    (d) Sentence. A person who violates this Section is guilty
of a Class A misdemeanor, unless the encryption was used or
attempted to be used to commit an offense for which a greater
penalty is provided by law. If the encryption was used or
attempted to be used to commit an offense for which a greater
penalty is provided by law, the person shall be punished as
prescribed by law for that offense.
    (e) A person who violates this Section commits a criminal
offense that is separate and distinct from any other criminal
offense and may be prosecuted and convicted under this Section
whether or not the person or any other person is or has been
prosecuted or convicted for any other criminal offense arising
out of the same facts as the violation of this Section.
(Source: P.A. 95-942, eff. 1-1-09.)
 
    (720 ILCS 5/17-54)   (was 720 ILCS 5/16D-7)
    Sec. 17-54 16D-7. Evidence of lack of Rebuttable
Presumption - without authority. For the purposes of Sections
17-50 through 17-52, the trier of fact may infer that a person
accessed a computer without the authorization of its owner or
in excess of the authority granted if the In the event that a
person accesses or causes to be accessed a computer, which
access requires a confidential or proprietary code which has
not been issued to or authorized for use by that person, a
rebuttable presumption exists that the computer was accessed
without the authorization of its owner or in excess of the
authority granted.
(Source: P.A. 85-926.)
 
    (720 ILCS 5/17-55 new)
    Sec. 17-55. Definitions. For the purposes of Sections 17-50
through 17-53:
    In addition to its meaning as defined in Section 15-1 of
this Code, "property" means: (1) electronic impulses; (2)
electronically produced data; (3) confidential, copyrighted,
or proprietary information; (4) private identification codes
or numbers which permit access to a computer by authorized
computer users or generate billings to consumers for purchase
of goods and services, including but not limited to credit card
transactions and telecommunications services or permit
electronic fund transfers; (5) software or programs in either
machine or human readable form; or (6) any other tangible or
intangible item relating to a computer or any part thereof.
    "Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize
any services of, a computer, a network, or data.
    "Services" includes but is not limited to computer time,
data manipulation, or storage functions.
    "Vital services or operations" means those services or
operations required to provide, operate, maintain, and repair
network cabling, transmission, distribution, or computer
facilities necessary to ensure or protect the public health,
safety, or welfare. Those services or operations include, but
are not limited to, services provided by medical personnel or
institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia
personnel, private and public utility companies, or law
enforcement agencies.
 
    (720 ILCS 5/Art. 17, Subdiv. 35 heading new)
SUBDIVISION 35. MISCELLANEOUS SPECIAL FRAUD

 
    (720 ILCS 5/17-56)   (was 720 ILCS 5/16-1.3)
    Sec. 17-56 16-1.3. Financial exploitation of an elderly
person or a person with a disability.
    (a) A person commits the offense of financial exploitation
of an elderly person or a person with a disability when he or
she stands in a position of trust or confidence with the
elderly person or a person with a disability and he or she
knowingly and by deception or intimidation obtains control over
the property of an elderly person or a person with a disability
or illegally uses the assets or resources of an elderly person
or a person with a disability. The illegal use of the assets or
resources of an elderly person or a person with a disability
includes, but is not limited to, the misappropriation of those
assets or resources by undue influence, breach of a fiduciary
relationship, fraud, deception, extortion, or use of the assets
or resources contrary to law.
    (b) Sentence. Financial exploitation of an elderly person
or a person with a disability is: (1) a Class 4 felony if the
value of the property is $300 or less, (2) a Class 3 felony if
the value of the property is more than $300 but less than
$5,000, (3) a Class 2 felony if the value of the property is
$5,000 or more but less than $100,000, and (4) a Class 1 felony
if the value of the property is $100,000 or more or if the
elderly person is over 70 years of age and the value of the
property is $15,000 or more or if the elderly person is 80
years of age or older and the value of the property is $5,000
or more.
    (c) (b) For purposes of this Section:
        (1) "Elderly person" means a person 60 years of age or
    older.
        (2) "Person with a disability" means a person who
    suffers from a physical or mental impairment resulting from
    disease, injury, functional disorder or congenital
    condition that impairs the individual's mental or physical
    ability to independently manage his or her property or
    financial resources, or both.
        (3) "Intimidation" means the communication to an
    elderly person or a person with a disability that he or she
    shall be deprived of food and nutrition, shelter,
    prescribed medication or medical care and treatment.
        (4) "Deception" means, in addition to its meaning as
    defined in Section 15-4 of this Code, a misrepresentation
    or concealment of material fact relating to the terms of a
    contract or agreement entered into with the elderly person
    or person with a disability or to the existing or
    pre-existing condition of any of the property involved in
    such contract or agreement; or the use or employment of any
    misrepresentation, false pretense or false promise in
    order to induce, encourage or solicit the elderly person or
    person with a disability to enter into a contract or
    agreement.
    The illegal use of the assets or resources of an elderly
person or a person with a disability includes, but is not
limited to, the misappropriation of those assets or resources
by undue influence, breach of a fiduciary relationship, fraud,
deception, extortion, or use of the assets or resources
contrary to law.
    A (c) For purposes of this Section, a person stands in a
position of trust and confidence with an elderly person or
person with a disability when he (i) (1) is a parent, spouse,
adult child or other relative by blood or marriage of the
elderly person or person with a disability, (ii) (2) is a joint
tenant or tenant in common with the elderly person or person
with a disability, (iii) (3) has a legal or fiduciary
relationship with the elderly person or person with a
disability, or (iv) (4) is a financial planning or investment
professional.
    (d) Limitations. Nothing in this Section shall be construed
to limit the remedies available to the victim under the
Illinois Domestic Violence Act of 1986.
    (e) Good faith efforts. Nothing in this Section shall be
construed to impose criminal liability on a person who has made
a good faith effort to assist the elderly person or person with
a disability in the management of his or her property, but
through no fault of his or her own has been unable to provide
such assistance.
    (f) Not a defense. It shall not be a defense to financial
exploitation of an elderly person or person with a disability
that the accused reasonably believed that the victim was not an
elderly person or person with a disability.
    (g) Civil Liability. A person who is charged by information
or indictment with the offense of financial exploitation of an
elderly person or person with a disability and who fails or
refuses to return the victim's property within 60 days
following a written demand from the victim or the victim's
legal representative shall be liable to the victim or to the
estate of the victim in damages of treble the amount of the
value of the property obtained, plus reasonable attorney fees
and court costs. The burden of proof that the defendant
unlawfully obtained the victim's property shall be by a
preponderance of the evidence. This subsection shall be
operative whether or not the defendant has been convicted of
the offense.
(Source: P.A. 95-798, eff. 1-1-09.)
 
    (720 ILCS 5/17-57)   (was 720 ILCS 5/17-28)
    Sec. 17-57 17-28. Defrauding drug and alcohol screening
tests.
    (a) It is unlawful for a person to:
        (1) manufacture, sell, give away, distribute, or
    market synthetic or human substances or other products in
    this State or transport urine into this State with the
    intent of using the synthetic or human substances or other
    products to defraud a drug or alcohol screening test;
        (2) substitute or spike a sample or advertise a sample
    substitution or other spiking device or measure, with the
    intent of attempting attempt to foil or defeat a drug or
    alcohol screening test by the substitution or spiking of a
    sample or the advertisement of a sample substitution or
    other spiking device or measure;
        (3) adulterate synthetic or human substances with the
    intent to defraud a drug or alcohol screening test; or
        (4) manufacture, sell, or possess adulterants that are
    intended to be used to adulterate synthetic or human
    substances with the intent for the purpose of defrauding a
    drug or alcohol screening test.
    (b) The For the purpose of determining the intent of the
defendant who is charged with a violation of this Section, the
trier of fact may infer intent to violate this Section if take
into consideration whether or not a heating element or any
other device used to thwart a drug or alcohol screening test
accompanies the sale, giving, distribution, or marketing of
synthetic or human substances or other products or whether or
not instructions that provide a method for thwarting a drug or
alcohol screening test accompany the sale, giving,
distribution, or marketing of synthetic or human substances or
other products.
    (c) Sentence. A violation of this Section is a Class 4
felony for which the court shall impose a minimum fine of
$1,000.
    (d) For the purposes of this Section, "drug or alcohol
screening test" includes, but is not limited to, urine testing,
hair follicle testing, perspiration testing, saliva testing,
blood testing, fingernail testing, and eye drug testing.
(Source: P.A. 93-691, eff. 7-9-04.)
 
    (720 ILCS 5/17-58)   (was 720 ILCS 5/17-16)
    Sec. 17-58 17-16. Fraudulent production of infant. A person
who fraudulently produces an infant, falsely pretending it to
have been born of parents whose child would be entitled to a
share of a personal estate, or to inherit real estate, with the
intent of intercepting the inheritance of the real estate, or
the distribution of the personal property from a person
lawfully entitled to the personal property, is guilty of a
Class 3 felony.
(Source: P.A. 89-234, eff. 1-1-96.)
 
    (720 ILCS 5/17-59)   (was 720 ILCS 5/39-1)
    Sec. 17-59 39-1. Criminal usury Usury.
    (a) A Any person commits criminal usury when, in exchange
for either a loan of money or other property or forbearance
from the collection of such a loan, he or she knowingly
contracts for or receives from an individual, directly or
indirectly, interest, discount, or other consideration at a
rate greater than 20% per annum either before or after the
maturity of the loan.
    (b) When a person has in his or her personal or
constructive possession records, memoranda, or other
documentary record of usurious loans, the trier of fact may
infer it shall be prima facie evidence that he or she has
violated subsection (a) of this Section Subsection 39-1(a)
hereof.
    (c) Sentence. Criminal usury is a Class 4 felony.
    (d) Non-application to licensed persons. This Section does
not apply to any loan authorized to be made by any person
licensed under the Consumer Installment Loan Act or to any loan
permitted by Sections 4, 4.2 and 4a of the Interest Act or by
any other law of this State.
(Source: P.A. 76-1879.)
 
    (720 ILCS 5/17-60)   (was 720 ILCS 5/17-7)
    Sec. 17-60 17-7. Promotion of pyramid sales schemes.
    (a) A person who knowingly sells, offers to sell, or
attempts to sell the right to participate in a pyramid sales
scheme commits a Class A misdemeanor.
    (b) (a) The term "pyramid sales scheme" means any plan or
operation whereby a person, in exchange for money or other
thing of value, acquires the opportunity to receive a benefit
or thing of value, which is primarily based upon the inducement
of additional persons, by himself or others, regardless of
number, to participate in the same plan or operation and is not
primarily contingent on the volume or quantity of goods,
services, or other property sold or distributed or to be sold
or distributed to persons for purposes of resale to consumers.
For purposes of this subsection, "money or other thing of
value" shall not include payments made for sales demonstration
equipment and materials furnished on a nonprofit basis for use
in making sales and not for resale.
    (b) Any person who knowingly sells, offers to sell, or
attempts to sell the right to participate in a pyramid sales
scheme commits a Class A misdemeanor.
(Source: P.A. 83-808.)
 
    (720 ILCS 5/17-61 new)
    Sec. 17-61. Unauthorized use of university stationery.
    (a) No person, firm or corporation shall use the official
stationery or seal or a facsimile thereof, of any State
supported university, college or other institution of higher
education or any organization thereof unless approved in
writing in advance by the university, college or institution of
higher education affected, for any private promotional scheme
wherein it is made to appear that the organization or
university, college or other institution of higher education is
endorsing the private promotional scheme.
    (b) A violation of this Section is a petty offense.
 
    (720 ILCS 5/17-62 new)
    Sec. 17-62. Unlawful possession of device for
manufacturing a false universal price code label. It is
unlawful for a person to knowingly possess a device the purpose
of which is to manufacture a false, counterfeit, altered, or
simulated universal price code label. A violation of this
Section is a Class 3 felony.
 
    (720 ILCS 5/16D-2 rep.)
    (720 ILCS 5/Art. 16H rep.)
    (720 ILCS 5/17-1a rep.)
    (720 ILCS 5/17-2.5 rep.)
    (720 ILCS 5/17-4 rep.)
    (720 ILCS 5/17-8 rep.)
    (720 ILCS 5/17-10 rep.)
    (720 ILCS 5/17-11.1 rep.)
    (720 ILCS 5/17-12 rep.)
    (720 ILCS 5/17-14 rep.)
    (720 ILCS 5/17-15 rep.)
    (720 ILCS 5/17-18 rep.)
    (720 ILCS 5/17-19 rep.)
    (720 ILCS 5/17-23 rep.)
    (720 ILCS 5/Art. 17A rep.)
    (720 ILCS 5/17B-1 rep.)
    (720 ILCS 5/17B-5 rep.)
    (720 ILCS 5/17B-10 rep.)
    (720 ILCS 5/17B-15 rep.)
    (720 ILCS 5/17B-20 rep.)
    (720 ILCS 5/17B-25 rep.)
    (720 ILCS 5/17B-30 rep.)
    (720 ILCS 5/32-5 rep.)
    (720 ILCS 5/32-5.1 rep.)
    (720 ILCS 5/32-5.1-1 rep.)
    (720 ILCS 5/32-5.2 rep.)
    (720 ILCS 5/32-5.2-5 rep.)
    (720 ILCS 5/32-5.3 rep.)
    (720 ILCS 5/32-5.4 rep.)
    (720 ILCS 5/32-5.4-1 rep.)
    (720 ILCS 5/32-5.5 rep.)
    (720 ILCS 5/32-5.6 rep.)
    (720 ILCS 5/32-5.7 rep.)
    (720 ILCS 5/Art. 33C rep.)
    (720 ILCS 5/Art. 39 heading rep.)
    (720 ILCS 5/39-2 rep.)
    (720 ILCS 5/39-3 rep.)
    (720 ILCS 5/Art. 46 rep.)
    Section 5-6. The Criminal Code of 1961 is amended by
repealing Article 16H, Article 17A, Article 33C, Article 46,
the heading of Article 39, and Sections 16D-2, 17-1a, 17-2.5,
17-4, 17-8, 17-10, 17-11.1, 17-12, 17-14, 17-15, 17-18, 17-19,
17-23, 17B-1, 17B-5, 17B-10, 17B-15, 17B-20, 17B-25, 17B-30,
32-5, 32-5.1, 32-5.1-1, 32-5.2, 32-5.2-5, 32-5.3, 32-5.4,
32-5.4-1, 32-5.5, 32-5.6, 32-5.7, 39-2, and 39-3.
 
    (720 ILCS 240/Act rep.)
    Section 5-10. The Conditional Sales Protection Act is
repealed.
 
    (720 ILCS 245/Act rep.)
    Section 5-12. The Construction Equipment Identification
Defacement Act is repealed.
 
    (720 ILCS 250/Act rep.)
    Section 5-15. The Illinois Credit Card and Debit Card Act
is repealed.
 
    (720 ILCS 290/Act rep.)
    Section 5-20. The Deceptive Sale of Gold and Silver Act is
repealed.
 
    (720 ILCS 295/Act rep.)
    Section 5-25. The Deceptive Advertising Act is repealed.
 
    (720 ILCS 305/Act rep.)
    Section 5-30. The Gasoline Price Advertising Act is
repealed.
 
    (720 ILCS 325/Act rep.)
    Section 5-35. The Insurance Claims for Excessive Charges
Act is repealed.
 
    (720 ILCS 335/Act rep.)
    Section 5-37. The Marks and Serial Numbers Act is repealed.
 
    (720 ILCS 390/Act rep.)
    Section 5-40. The Use of University Stationery Act is
repealed.
 
Article 10.

 
    Section 10-5. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing Section
2505-400 as follows:
 
    (20 ILCS 2505/2505-400)  (was 20 ILCS 2505/39b49)
    Sec. 2505-400. Contracts for collection assistance.
    (a) The Department has the power to contract for collection
assistance on a contingent fee basis, with collection fees to
be retained by the collection agency and the net collections to
be paid to the Department. In the case of any liability
referred to a collection agency on or after July 1, 2003, any
fee charged to the State by the collection agency shall be
considered additional State tax of the taxpayer imposed under
the Act under which the tax being collected was imposed, shall
be deemed assessed at the time payment of the tax is made to
the collection agency, and shall be separately stated in any
statement or notice of the liability issued by the collection
agency to the taxpayer.
    (b) The Department has the power to enter into written
agreements with State's Attorneys for pursuit of civil
liability under subsection (E) of Section 17-1 17-1a of the
Criminal Code of 1961 against persons who have issued to the
Department checks or other orders in violation of the
provisions of paragraph (1) (d) of subsection (B) of Section
17-1 of the Criminal Code of 1961. Of the amount collected, the
Department shall retain the amount owing upon the dishonored
check or order along with the dishonored check fee imposed
under the Uniform Penalty and Interest Act. The balance of
damages, fees, and costs collected under subsection (E) of
Section 17-1 17-1a of the Criminal Code of 1961 or under
Section 17-1a of that Code shall be retained by the State's
Attorney. The agreement shall not affect the allocation of
fines and costs imposed in any criminal prosecution.
    (c) The Department may issue the Secretary of the Treasury
of the United States (or his or her delegate) notice, as
required by Section 6402(e) of the Internal Revenue Code, of
any past due, legally enforceable State income tax obligation
of a taxpayer. The Department must notify the taxpayer that any
fee charged to the State by the Secretary of the Treasury of
the United States (or his or her delegate) under Internal
Revenue Code Section 6402(e) is considered additional State
income tax of the taxpayer with respect to whom the Department
issued the notice, and is deemed assessed upon issuance by the
Department of notice to the Secretary of the Treasury of the
United States (or his or her delegate) under Section 6402(e) of
the Internal Revenue Code; a notice of additional State income
tax is not considered a notice of deficiency, and the taxpayer
has no right of protest.
(Source: P.A. 92-492, eff. 1-1-02; 93-25, eff. 6-20-03.)
 
    Section 10-10. The Counties Code is amended by changing
Section 3-9005 as follows:
 
    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
    Sec. 3-9005. Powers and duties of State's attorney.
    (a) The duty of each State's attorney shall be:
        (1) To commence and prosecute all actions, suits,
    indictments and prosecutions, civil and criminal, in the
    circuit court for his county, in which the people of the
    State or county may be concerned.
        (2) To prosecute all forfeited bonds and
    recognizances, and all actions and proceedings for the
    recovery of debts, revenues, moneys, fines, penalties and
    forfeitures accruing to the State or his county, or to any
    school district or road district in his county; also, to
    prosecute all suits in his county against railroad or
    transportation companies, which may be prosecuted in the
    name of the People of the State of Illinois.
        (3) To commence and prosecute all actions and
    proceedings brought by any county officer in his official
    capacity.
        (4) To defend all actions and proceedings brought
    against his county, or against any county or State officer,
    in his official capacity, within his county.
        (5) To attend the examination of all persons brought
    before any judge on habeas corpus, when the prosecution is
    in his county.
        (6) To attend before judges and prosecute charges of
    felony or misdemeanor, for which the offender is required
    to be recognized to appear before the circuit court, when
    in his power so to do.
        (7) To give his opinion, without fee or reward, to any
    county officer in his county, upon any question or law
    relating to any criminal or other matter, in which the
    people or the county may be concerned.
        (8) To assist the attorney general whenever it may be
    necessary, and in cases of appeal from his county to the
    Supreme Court, to which it is the duty of the attorney
    general to attend, he shall furnish the attorney general at
    least 10 days before such is due to be filed, a manuscript
    of a proposed statement, brief and argument to be printed
    and filed on behalf of the people, prepared in accordance
    with the rules of the Supreme Court. However, if such
    brief, argument or other document is due to be filed by law
    or order of court within this 10 day period, then the
    State's attorney shall furnish such as soon as may be
    reasonable.
        (9) To pay all moneys received by him in trust, without
    delay, to the officer who by law is entitled to the custody
    thereof.
        (10) To notify, by first class mail, complaining
    witnesses of the ultimate disposition of the cases arising
    from an indictment or an information.
        (11) To perform such other and further duties as may,
    from time to time, be enjoined on him by law.
        (12) To appear in all proceedings by collectors of
    taxes against delinquent taxpayers for judgments to sell
    real estate, and see that all the necessary preliminary
    steps have been legally taken to make the judgment legal
    and binding.
        (13) To notify, by first-class mail, the State
    Superintendent of Education, the applicable regional
    superintendent of schools, and the superintendent of the
    employing school district or the chief school
    administrator of the employing nonpublic school, if any,
    upon the conviction of any individual known to possess a
    certificate issued pursuant to Article 21 of the School
    Code of any offense set forth in Section 21-23a of the
    School Code or any other felony conviction, providing the
    name of the certificate holder, the fact of the conviction,
    and the name and location of the court where the conviction
    occurred. The certificate holder must also be
    contemporaneously sent a copy of the notice.
    (b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to serve
subpoenas, make return of process and conduct investigations
which assist the State's Attorney in the performance of his
duties. A special investigator shall not carry firearms except
with permission of the State's Attorney and only while carrying
appropriate identification indicating his employment and in
the performance of his assigned duties.
    Subject to the qualifications set forth in this subsection,
special investigators shall be peace officers and shall have
all the powers possessed by investigators under the State's
Attorneys Appellate Prosecutor's Act.
    No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless he or she successfully completes the basic police
training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives the
training requirement by reason of the special investigator's
prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the extent
consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
    Before a person is appointed as a special investigator, his
fingerprints shall be taken and transmitted to the Department
of State Police. The Department shall examine its records and
submit to the State's Attorney of the county in which the
investigator seeks appointment any conviction information
concerning the person on file with the Department. No person
shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral
turpitude. A special investigator shall be paid a salary and be
reimbursed for actual expenses incurred in performing his
assigned duties. The county board shall approve the salary and
actual expenses and appropriate the salary and expenses in the
manner prescribed by law or ordinance.
    (c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial parent
by the employer of the putative father or noncustodial parent
or by a labor union of which the putative father or
noncustodial parent is a member.
    (d) For each State fiscal year, the State's Attorney of
Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of providing
assistance in the prosecution of capital cases in Cook County
and for the purpose of providing assistance to the State in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases. The State's Attorney
may appear before the General Assembly at other times during
the State's fiscal year to request supplemental appropriations
from the Trust Fund to the State Treasurer.
    (e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
17-1a of the Criminal Code of 1961 against persons who have
issued to the Department checks or other orders in violation of
the provisions of paragraph (1) (d) of subsection (B) of
Section 17-1 of the Criminal Code of 1961, with the Department
to retain the amount owing upon the dishonored check or order
along with the dishonored check fee imposed under the Uniform
Penalty and Interest Act, with the balance of damages, fees,
and costs collected under subsection (E) of Section 17-1 17-1a
of the Criminal Code of 1961 or under Section 17-1a of that
Code to be retained by the State's Attorney. The agreement
shall not affect the allocation of fines and costs imposed in
any criminal prosecution.
(Source: P.A. 96-431, eff. 8-13-09.)
 
    Section 10-15. The Acupuncture Practice Act is amended by
changing Section 117 as follows:
 
    (225 ILCS 2/117)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 117. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-20. The Illinois Athletic Trainers Practice Act
is amended by changing Section 16.5 as follows:
 
    (225 ILCS 5/16.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 16.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-25. The Clinical Psychologist Licensing Act is
amended by changing Section 15.1 as follows:
 
    (225 ILCS 15/15.1)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 15.1. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-30. The Clinical Social Work and Social Work
Practice Act is amended by changing Section 19.5 as follows:
 
    (225 ILCS 20/19.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 19.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-35. The Illinois Dental Practice Act is amended
by changing Section 23c as follows:
 
    (225 ILCS 25/23c)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 23c. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-40. The Health Care Worker Background Check Act
is amended by changing Section 25 as follows:
 
    (225 ILCS 46/25)
    Sec. 25. Persons ineligible to be hired by health care
employers and long-term care facilities.
    (a) In the discretion of the Director of Public Health, as
soon after January 1, 1996, January 1, 1997, January 1, 2006,
or October 1, 2007, as applicable, and as is reasonably
practical, no health care employer shall knowingly hire,
employ, or retain any individual in a position with duties
involving direct care for clients, patients, or residents, and
no long-term care facility shall knowingly hire, employ, or
retain any individual in a position with duties that involve or
may involve contact with residents or access to the living
quarters or the financial, medical, or personal records of
residents, who has been convicted of committing or attempting
to commit one or more of the following offenses: those defined
in Sections 8-1(b), 8-1.1, 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3,
9-3.1, 9-3.2, 9-3.3, 9-3.4, 10-1, 10-2, 10-3, 10-3.1, 10-4,
10-5, 10-7, 11-6, 11-9.1, 11-9.5, 11-19.2, 11-20.1, 12-1, 12-2,
12-3, 12-3.1, 12-3.2, 12-4, 12-4.1, 12-4.2, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-7.4, 12-11, 12-13, 12-14, 12-14.1,
12-15, 12-16, 12-19, 12-21, 12-21.6, 12-32, 12-33, 16-1,
16-1.3, 16A-3, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5, 19-1,
19-3, 19-4, 20-1, 20-1.1, 24-1, 24-1.2, 24-1.5, or 33A-2 of the
Criminal Code of 1961; those provided in Section 4 of the
Wrongs to Children Act; those provided in Section 53 of the
Criminal Jurisprudence Act; those defined in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act; those defined in the
Methamphetamine Control and Community Protection Act; or those
defined in Sections 401, 401.1, 404, 405, 405.1, 407, or 407.1
of the Illinois Controlled Substances Act, unless the applicant
or employee obtains a waiver pursuant to Section 40.
    (a-1) In the discretion of the Director of Public Health,
as soon after January 1, 2004 or October 1, 2007, as
applicable, and as is reasonably practical, no health care
employer shall knowingly hire any individual in a position with
duties involving direct care for clients, patients, or
residents, and no long-term care facility shall knowingly hire
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents,
who has (i) been convicted of committing or attempting to
commit one or more of the offenses defined in Section 12-3.3,
12-4.2-5, 16-2, 16G-15, 16G-20, 17-33, 17-34, 17-36, 17-44,
18-5, 20-1.2, 24-1.1, 24-1.2-5, 24-1.6, 24-3.2, or 24-3.3, or
subsection (b) of Section 17-32, of the Criminal Code of 1961;
Section 4, 5, 6, 8, or 17.02 of the Illinois Credit Card and
Debit Card Act; or Section 5.1 of the Wrongs to Children Act;
or (ii) violated Section 50-50 of the Nurse Practice Act,
unless the applicant or employee obtains a waiver pursuant to
Section 40 of this Act.
    A health care employer is not required to retain an
individual in a position with duties involving direct care for
clients, patients, or residents, and no long-term care facility
is required to retain an individual in a position with duties
that involve or may involve contact with residents or access to
the living quarters or the financial, medical, or personal
records of residents, who has been convicted of committing or
attempting to commit one or more of the offenses enumerated in
this subsection.
    (b) A health care employer shall not hire, employ, or
retain any individual in a position with duties involving
direct care of clients, patients, or residents, and no
long-term care facility shall knowingly hire, employ, or retain
any individual in a position with duties that involve or may
involve contact with residents or access to the living quarters
or the financial, medical, or personal records of residents, if
the health care employer becomes aware that the individual has
been convicted in another state of committing or attempting to
commit an offense that has the same or similar elements as an
offense listed in subsection (a) or (a-1), as verified by court
records, records from a state agency, or an FBI criminal
history record check, unless the applicant or employee obtains
a waiver pursuant to Section 40 of this Act. This shall not be
construed to mean that a health care employer has an obligation
to conduct a criminal history records check in other states in
which an employee has resided.
(Source: P.A. 95-120, eff. 8-13-07; 95-639, eff. 10-5-07;
95-876, eff. 8-21-08; 96-710, eff. 1-1-10.)
 
    Section 10-45. The Hearing Instrument Consumer Protection
Act is amended by changing Section 18.5 as follows:
 
    (225 ILCS 50/18.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 18.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-50. The Home Medical Equipment and Services
Provider License Act is amended by changing Section 77 as
follows:
 
    (225 ILCS 51/77)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 77. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-55. The Marriage and Family Therapy Licensing
Act is amended by changing Section 87 as follows:
 
    (225 ILCS 55/87)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 87. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-60. The Medical Practice Act of 1987 is amended
by changing Section 22.5 as follows:
 
    (225 ILCS 60/22.5)
    (Section scheduled to be repealed on December 31, 2010)
    Sec. 22.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-65. The Naprapathic Practice Act is amended by
changing Section 113 as follows:
 
    (225 ILCS 63/113)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 113. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-70. The Nurse Practice Act is amended by
changing Section 70-20 as follows:
 
    (225 ILCS 65/70-20)  (was 225 ILCS 65/20-13)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 70-20. Suspension of license or registration for
failure to pay restitution. The Department, without further
process or hearing, shall suspend the license or other
authorization to practice of any person issued under this Act
who has been certified by court order as not having paid
restitution to a person under Section 8A-3.5 of the Illinois
Public Aid Code or under Section 17-10.5 or 46-1 of the
Criminal Code of 1961. A person whose license or other
authorization to practice is suspended under this Section is
prohibited from practicing until the restitution is made in
full.
(Source: P.A. 94-577, eff. 1-1-06; 95-639, eff. 10-5-07.)
 
    Section 10-75. The Illinois Occupational Therapy Practice
Act is amended by changing Section 19.17 as follows:
 
    (225 ILCS 75/19.17)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 19.17. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-80. The Illinois Optometric Practice Act of 1987
is amended by changing Section 24.5 as follows:
 
    (225 ILCS 80/24.5)
    (Section scheduled to be repealed on January 1, 2017)
    Sec. 24.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-85. The Orthotics, Prosthetics, and Pedorthics
Practice Act is amended by changing Section 93 as follows:
 
    (225 ILCS 84/93)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 93. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-90. The Pharmacy Practice Act is amended by
changing Section 30.5 as follows:
 
    (225 ILCS 85/30.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 30.5. Suspension of license or certificate for failure
to pay restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-95. The Illinois Physical Therapy Act is amended
by changing Section 17.5 as follows:
 
    (225 ILCS 90/17.5)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 17.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-100. The Physician Assistant Practice Act of
1987 is amended by changing Section 21.5 as follows:
 
    (225 ILCS 95/21.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 21.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-105. The Podiatric Medical Practice Act of 1987
is amended by changing Section 24.5 as follows:
 
    (225 ILCS 100/24.5)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 24.5. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-110. The Respiratory Care Practice Act is
amended by changing Section 97 as follows:
 
    (225 ILCS 106/97)
    (Section scheduled to be repealed on January 1, 2016)
    Sec. 97. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-115. The Professional Counselor and Clinical
Professional Counselor Licensing Act is amended by changing
Section 83 as follows:
 
    (225 ILCS 107/83)
    (Section scheduled to be repealed on January 1, 2013)
    Sec. 83. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-120. The Illinois Speech-Language Pathology and
Audiology Practice Act is amended by changing Section 16.3 as
follows:
 
    (225 ILCS 110/16.3)
    (Section scheduled to be repealed on January 1, 2018)
    Sec. 16.3. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-125. The Perfusionist Practice Act is amended by
changing Section 107 as follows:
 
    (225 ILCS 125/107)
    (Section scheduled to be repealed on January 1, 2020)
    Sec. 107. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-130. The Registered Surgical Assistant and
Registered Surgical Technologist Title Protection Act is
amended by changing Section 77 as follows:
 
    (225 ILCS 130/77)
    (Section scheduled to be repealed on January 1, 2014)
    Sec. 77. Suspension of registration for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-135. The Genetic Counselor Licensing Act is
amended by changing Section 97 as follows:
 
    (225 ILCS 135/97)
    (Section scheduled to be repealed on January 1, 2015)
    Sec. 97. Suspension of license for failure to pay
restitution. The Department, without further process or
hearing, shall suspend the license or other authorization to
practice of any person issued under this Act who has been
certified by court order as not having paid restitution to a
person under Section 8A-3.5 of the Illinois Public Aid Code or
under Section 17-10.5 or 46-1 of the Criminal Code of 1961. A
person whose license or other authorization to practice is
suspended under this Section is prohibited from practicing
until the restitution is made in full.
(Source: P.A. 94-577, eff. 1-1-06.)
 
    Section 10-140. The Criminal Code of 1961 is amended by
changing Sections 3-6 and 16-1 as follows:
 
    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
    Sec. 3-6. Extended limitations. The period within which a
prosecution must be commenced under the provisions of Section
3-5 or other applicable statute is extended under the following
conditions:
    (a) A prosecution for theft involving a breach of a
fiduciary obligation to the aggrieved person may be commenced
as follows:
        (1) If the aggrieved person is a minor or a person
    under legal disability, then during the minority or legal
    disability or within one year after the termination
    thereof.
        (2) In any other instance, within one year after the
    discovery of the offense by an aggrieved person, or by a
    person who has legal capacity to represent an aggrieved
    person or has a legal duty to report the offense, and is
    not himself or herself a party to the offense; or in the
    absence of such discovery, within one year after the proper
    prosecuting officer becomes aware of the offense. However,
    in no such case is the period of limitation so extended
    more than 3 years beyond the expiration of the period
    otherwise applicable.
    (b) A prosecution for any offense based upon misconduct in
office by a public officer or employee may be commenced within
one year after discovery of the offense by a person having a
legal duty to report such offense, or in the absence of such
discovery, within one year after the proper prosecuting officer
becomes aware of the offense. However, in no such case is the
period of limitation so extended more than 3 years beyond the
expiration of the period otherwise applicable.
    (c) (Blank).
    (d) A prosecution for child pornography, indecent
solicitation of a child, soliciting for a juvenile prostitute,
juvenile pimping or exploitation of a child may be commenced
within one year of the victim attaining the age of 18 years.
However, in no such case shall the time period for prosecution
expire sooner than 3 years after the commission of the offense.
When the victim is under 18 years of age, a prosecution for
criminal sexual abuse may be commenced within one year of the
victim attaining the age of 18 years. However, in no such case
shall the time period for prosecution expire sooner than 3
years after the commission of the offense.
    (e) Except as otherwise provided in subdivision (j), a
prosecution for any offense involving sexual conduct or sexual
penetration, as defined in Section 12-12 of this Code, where
the defendant was within a professional or fiduciary
relationship or a purported professional or fiduciary
relationship with the victim at the time of the commission of
the offense may be commenced within one year after the
discovery of the offense by the victim.
    (f) A prosecution for any offense set forth in Section 44
of the "Environmental Protection Act", approved June 29, 1970,
as amended, may be commenced within 5 years after the discovery
of such an offense by a person or agency having the legal duty
to report the offense or in the absence of such discovery,
within 5 years after the proper prosecuting officer becomes
aware of the offense.
    (f-5) A prosecution for any offense set forth in Section
16G-15 or 16G-20 of this Code may be commenced within 5 years
after the discovery of the offense by the victim of that
offense.
    (g) (Blank).
    (h) (Blank).
    (i) Except as otherwise provided in subdivision (j), a
prosecution for criminal sexual assault, aggravated criminal
sexual assault, or aggravated criminal sexual abuse may be
commenced within 10 years of the commission of the offense if
the victim reported the offense to law enforcement authorities
within 3 years after the commission of the offense.
    Nothing in this subdivision (i) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (j) When the victim is under 18 years of age at the time of
the offense, a prosecution for criminal sexual assault,
aggravated criminal sexual assault, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse, or felony
criminal sexual abuse, or a prosecution for failure of a person
who is required to report an alleged or suspected commission of
any of these offenses under the Abused and Neglected Child
Reporting Act may be commenced within 20 years after the child
victim attains 18 years of age. When the victim is under 18
years of age at the time of the offense, a prosecution for
misdemeanor criminal sexual abuse may be commenced within 10
years after the child victim attains 18 years of age.
    Nothing in this subdivision (j) shall be construed to
shorten a period within which a prosecution must be commenced
under any other provision of this Section.
    (k) A prosecution for theft involving real property
exceeding $100,000 in value under Section 16-1, identity theft
under Section 16G-15, aggravated identity theft under Section
16G-20, or any offense set forth in Article 16H or Section
17-10.6 may be commenced within 7 years of the last act
committed in furtherance of the crime.
(Source: P.A. 95-548, eff. 8-30-07; 96-233, eff. 1-1-10.)
 
    (720 ILCS 5/16-1)  (from Ch. 38, par. 16-1)
    Sec. 16-1. Theft.
    (a) A person commits theft when he knowingly:
        (1) Obtains or exerts unauthorized control over
    property of the owner; or
        (2) Obtains by deception control over property of the
    owner; or
        (3) Obtains by threat control over property of the
    owner; or
        (4) Obtains control over stolen property knowing the
    property to have been stolen or under such circumstances as
    would reasonably induce him to believe that the property
    was stolen; or
        (5) Obtains or exerts control over property in the
    custody of any law enforcement agency which is explicitly
    represented to him by any law enforcement officer or any
    individual acting in behalf of a law enforcement agency as
    being stolen, and
            (A) Intends to deprive the owner permanently of the
        use or benefit of the property; or
            (B) Knowingly uses, conceals or abandons the
        property in such manner as to deprive the owner
        permanently of such use or benefit; or
            (C) Uses, conceals, or abandons the property
        knowing such use, concealment or abandonment probably
        will deprive the owner permanently of such use or
        benefit.
    (b) Sentence.
        (1) Theft of property not from the person and not
    exceeding $500 in value is a Class A misdemeanor.
        (1.1) Theft of property not from the person and not
    exceeding $500 in value is a Class 4 felony if the theft
    was committed in a school or place of worship or if the
    theft was of governmental property.
        (2) A person who has been convicted of theft of
    property not from the person and not exceeding $500 in
    value who has been previously convicted of any type of
    theft, robbery, armed robbery, burglary, residential
    burglary, possession of burglary tools, home invasion,
    forgery, a violation of Section 4-103, 4-103.1, 4-103.2, or
    4-103.3 of the Illinois Vehicle Code relating to the
    possession of a stolen or converted motor vehicle, or a
    violation of Section 17-36 of the Criminal Code of 1961 or
    Section 8 of the Illinois Credit Card and Debit Card Act is
    guilty of a Class 4 felony. When a person has any such
    prior conviction, the information or indictment charging
    that person shall state such prior conviction so as to give
    notice of the State's intention to treat the charge as a
    felony. The fact of such prior conviction is not an element
    of the offense and may not be disclosed to the jury during
    trial unless otherwise permitted by issues properly raised
    during such trial.
        (3) (Blank).
        (4) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not
    exceeding $10,000 in value, is a Class 3 felony.
        (4.1) Theft of property from the person not exceeding
    $500 in value, or theft of property exceeding $500 and not
    exceeding $10,000 in value, is a Class 2 felony if the
    theft was committed in a school or place of worship or if
    the theft was of governmental property.
        (5) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 2 felony.
        (5.1) Theft of property exceeding $10,000 and not
    exceeding $100,000 in value is a Class 1 felony if the
    theft was committed in a school or place of worship or if
    the theft was of governmental property.
        (6) Theft of property exceeding $100,000 and not
    exceeding $500,000 in value is a Class 1 felony.
        (6.1) Theft of property exceeding $100,000 in value is
    a Class X felony if the theft was committed in a school or
    place of worship or if the theft was of governmental
    property.
        (6.2) Theft of property exceeding $500,000 and not
    exceeding $1,000,000 in value is a Class 1
    non-probationable felony.
        (6.3) Theft of property exceeding $1,000,000 in value
    is a Class X felony.
        (7) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    obtained money or property valued at $5,000 or more from a
    victim 60 years of age or older is a Class 2 felony.
        (8) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class 3 felony if the rent payment or
    security deposit obtained does not exceed $500.
        (9) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class 2 felony if the rent payment or
    security deposit obtained exceeds $500 and does not exceed
    $10,000.
        (10) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class 1 felony if the rent payment or
    security deposit obtained exceeds $10,000 and does not
    exceed $100,000.
        (11) Theft by deception, as described by paragraph (2)
    of subsection (a) of this Section, in which the offender
    falsely poses as a landlord or agent or employee of the
    landlord and obtains a rent payment or a security deposit
    from a tenant is a Class X felony if the rent payment or
    security deposit obtained exceeds $100,000.
    (c) When a charge of theft of property exceeding a
specified value is brought, the value of the property involved
is an element of the offense to be resolved by the trier of
fact as either exceeding or not exceeding the specified value.
(Source: P.A. 96-496, eff. 1-1-10; 96-534, eff. 8-14-09;
96-1000, eff. 7-2-10; 96-1301, eff. 1-1-11.)
 
    Section 10-145. The Code of Criminal Procedure of 1963 is
amended by changing Sections 111-4 and 115-10.3 as follows:
 
    (725 ILCS 5/111-4)
    Sec. 111-4. Joinder of offenses and defendants.
    (a) Two or more offenses may be charged in the same
indictment, information or complaint in a separate count for
each offense if the offenses charged, whether felonies or
misdemeanors or both, are based on the same act or on 2 or more
acts which are part of the same comprehensive transaction.
    (b) Two or more defendants may be charged in the same
indictment, information or complaint if they are alleged to
have participated in the same act or in the same comprehensive
transaction out of which the offense or offenses arose. Such
defendants may be charged in one or more counts together or
separately and all of the defendants need not be charged in
each count.
    (c) Two or more acts or transactions in violation of any
provision or provisions of Sections 8A-2, 8A-3, 8A-4, 8A-4A and
8A-5 of the Illinois Public Aid Code, Section 14 of the
Illinois Wage Payment and Collection Act, Sections 16-1,
16-1.3, 16-2, 16-3, 16-5, 16-7, 16-8, 16-10, 16A-3, 16B-2,
16C-2, 16G-15, 16G-20, 16H-15, 16H-20, 16H-25, 16H-30, 16H-45,
16H-50, 16H-55, 17-1, 17-3, 17-6, 17-30, or 17-60, or item (ii)
of subsection (a) or (b) of Section 17-9, or subdivision (a)(2)
of Section 17-10.5, 17-7, 17-8, 17-9 or 17-10 of the Criminal
Code of 1961 and Section 118 of Division I of the Criminal
Jurisprudence Act, may be charged as a single offense in a
single count of the same indictment, information or complaint,
if such acts or transactions by one or more defendants are in
furtherance of a single intention and design or if the
property, labor or services obtained are of the same person or
are of several persons having a common interest in such
property, labor or services. In such a charge, the period
between the dates of the first and the final such acts or
transactions may be alleged as the date of the offense and, if
any such act or transaction by any defendant was committed in
the county where the prosecution was commenced, such county may
be alleged as the county of the offense.
(Source: P.A. 95-384, eff. 1-1-08; 96-354, eff. 8-13-09;
96-1207, eff. 7-22-10; 96-1407, eff. 1-1-11; revised 9-2-10.)
 
    (725 ILCS 5/115-10.3)
    Sec. 115-10.3. Hearsay exception regarding elder adults.
    (a) In a prosecution for a physical act, abuse, neglect, or
financial exploitation perpetrated upon or against an eligible
adult, as defined in the Elder Abuse and Neglect Act, who has
been diagnosed by a physician to suffer from (i) any form of
dementia, developmental disability, or other form of mental
incapacity or (ii) any physical infirmity, including but not
limited to prosecutions for violations of Sections 10-1, 10-2,
10-3, 10-3.1, 10-4, 11-11, 12-1, 12-2, 12-3, 12-3.2, 12-4,
12-4.1, 12-4.2, 12-4.5, 12-4.6, 12-4.7, 12-5, 12-6, 12-7.3,
12-7.4, 12-11, 12-11.1, 12-13, 12-14, 12-15, 12-16, 12-21,
16-1, 16-1.3, 17-1, 17-3, 17-56, 18-1, 18-2, 18-3, 18-4, 18-5,
20-1.1, 24-1.2, and 33A-2 of the Criminal Code of 1961, the
following evidence shall be admitted as an exception to the
hearsay rule:
        (1) testimony by an eligible adult, of an out of court
    statement made by the eligible adult, that he or she
    complained of such act to another; and
        (2) testimony of an out of court statement made by the
    eligible adult, describing any complaint of such act or
    matter or detail pertaining to any act which is an element
    of an offense which is the subject of a prosecution for a
    physical act, abuse, neglect, or financial exploitation
    perpetrated upon or against the eligible adult.
    (b) Such testimony shall only be admitted if:
        (1) The court finds in a hearing conducted outside the
    presence of the jury that the time, content, and
    circumstances of the statement provide sufficient
    safeguards of reliability; and
        (2) The eligible adult either:
            (A) testifies at the proceeding; or
            (B) is unavailable as a witness and there is
        corroborative evidence of the act which is the subject
        of the statement.
    (c) If a statement is admitted pursuant to this Section,
the court shall instruct the jury that it is for the jury to
determine the weight and credibility to be given the statement
and that, in making the determination, it shall consider the
condition of the eligible adult, the nature of the statement,
the circumstances under which the statement was made, and any
other relevant factor.
    (d) The proponent of the statement shall give the adverse
party reasonable notice of his or her intention to offer the
statement and the particulars of the statement.
(Source: P.A. 92-91, eff. 7-18-01; 93-301, eff. 1-1-04.)
 
    Section 10-150. The Unified Code of Corrections is amended
by changing Sections 3-3-7, 5-5-3, 5-6-3, 5-6-3.1, 5-8-4, and
5-9-1.3 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
    (a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
        (1) not violate any criminal statute of any
    jurisdiction during the parole or release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (4) permit the agent to visit him or her at his or her
    home, employment, or elsewhere to the extent necessary for
    the agent to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (7) report all arrests to an agent of the Department of
    Corrections as soon as permitted by the arresting authority
    but in no event later than 24 hours after release from
    custody;
        (7.5) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, the individual shall
    undergo and successfully complete sex offender treatment
    conducted in conformance with the standards developed by
    the Sex Offender Management Board Act by a treatment
    provider approved by the Board;
        (7.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders, or is in any facility operated or licensed by
    the Department of Children and Family Services or by the
    Department of Human Services, or is in any licensed medical
    facility;
        (7.7) if convicted for an offense that would qualify
    the accused as a sexual predator under the Sex Offender
    Registration Act on or after the effective date of this
    amendatory Act of the 94th General Assembly, wear an
    approved electronic monitoring device as defined in
    Section 5-8A-2 for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term and if convicted for an offense of
    criminal sexual assault, aggravated criminal sexual
    assault, predatory criminal sexual assault of a child,
    criminal sexual abuse, aggravated criminal sexual abuse,
    or ritualized abuse of a child committed on or after August
    11, 2009 (the effective date of Public Act 96-236) when the
    victim was under 18 years of age at the time of the
    commission of the offense and the defendant used force or
    the threat of force in the commission of the offense wear
    an approved electronic monitoring device as defined in
    Section 5-8A-2 that has Global Positioning System (GPS)
    capability for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term;
        (7.8) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.8), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is not related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (7.9) if convicted under Section 11-6, 11-20.1,
    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
    search of computers, PDAs, cellular phones, and other
    devices under his or her control that are capable of
    accessing the Internet or storing electronic files, in
    order to confirm Internet protocol addresses reported in
    accordance with the Sex Offender Registration Act and
    compliance with conditions in this Act;
        (7.10) if convicted for an offense that would qualify
    the accused as a sex offender or sexual predator under the
    Sex Offender Registration Act on or after the effective
    date of this amendatory Act of the 95th General Assembly,
    not possess prescription drugs for erectile dysfunction;
        (7.11) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after June 1, 2009 (the effective
    date of Public Act 95-983):
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent;
        (7.12) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after January
    1, 2010 (the effective date of Public Act 96-262), refrain
    from accessing or using a social networking website as
    defined in Section 17-0.5 16D-2 of the Criminal Code of
    1961;
        (7.13) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after January 1, 2010 (the effective date of Public Act
    96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any computer
    scrub software on any computer that the sex offender uses;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics or
    other controlled substances in any form, or both, or any
    paraphernalia related to those substances and submit to a
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    relates to his or her adjustment in the community while on
    parole or mandatory supervised release or to his or her
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (15) follow any specific instructions provided by the
    parole agent that are consistent with furthering
    conditions set and approved by the Prisoner Review Board or
    by law, exclusive of placement on electronic detention, to
    achieve the goals and objectives of his or her parole or
    mandatory supervised release or to protect the public.
    These instructions by the parole agent may be modified at
    any time, as the agent deems appropriate;
        (16) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (17) if convicted of a violation of an order of
    protection under Section 12-30 of the Criminal Code of
    1961, be placed under electronic surveillance as provided
    in Section 5-8A-7 of this Code.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (2) undergo medical or psychiatric treatment, or
    treatment for drug addiction or alcoholism;
        (3) attend or reside in a facility established for the
    instruction or residence of persons on probation or parole;
        (4) support his dependents;
        (5) (blank);
        (6) (blank);
        (7) comply with the terms and conditions of an order of
    protection issued pursuant to the Illinois Domestic
    Violence Act of 1986, enacted by the 84th General Assembly,
    or an order of protection issued by the court of another
    state, tribe, or United States territory;
        (7.5) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.5), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961; and a person
    is related to the accused if the person is: (i) the spouse,
    brother, or sister of the accused; (ii) a descendant of the
    accused; (iii) a first or second cousin of the accused; or
    (iv) a step-child or adopted child of the accused;
        (7.6) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) that
    would qualify as a sex offense as defined in the Sex
    Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent; and
        (8) in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his own support at home or in a
        foster home.
    (b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (3) notify third parties of the risks that may be
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department
    of Corrections prior to accepting employment or pursuing a
    course of study or vocational training and notify the
    Department prior to any change in employment, study, or
    training;
        (5) not be employed or participate in any volunteer
    activity that involves contact with children, except under
    circumstances approved in advance and in writing by an
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12
    months from the date of release as determined by the Board;
        (7) refrain from entering into a designated geographic
    area except upon terms approved in advance by an agent of
    the Department of Corrections. The terms may include
    consideration of the purpose of the entry, the time of day,
    and others accompanying the person;
        (8) refrain from having any contact, including written
    or oral communications, directly or indirectly, personally
    or by telephone, letter, or through a third party with
    certain specified persons including, but not limited to,
    the victim or the victim's family without the prior written
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or indirectly,
    personally, by telephone, letter, or through a third party,
    with minor children without prior identification and
    approval of an agent of the Department of Corrections;
        (10) neither possess or have under his or her control
    any material that is sexually oriented, sexually
    stimulating, or that shows male or female sex organs or any
    pictures depicting children under 18 years of age nude or
    any written or audio material describing sexual
    intercourse or that depicts or alludes to sexual activity,
    including but not limited to visual, auditory, telephonic,
    or electronic media, or any matter obtained through access
    to any computer or material linked to computer access use;
        (11) not patronize any business providing sexually
    stimulating or sexually oriented entertainment nor utilize
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about parks,
    schools, day care centers, swimming pools, beaches,
    theaters, or any other places where minor children
    congregate without advance approval of an agent of the
    Department of Corrections and immediately report any
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
    certain specified items of contraband related to the
    incidence of sexually offending as determined by an agent
    of the Department of Corrections;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections;
        (15) comply with all other special conditions that the
    Department may impose that restrict the person from
    high-risk situations and limit access to potential
    victims;
        (16) take an annual polygraph exam;
        (17) maintain a log of his or her travel; or
        (18) obtain prior approval of his or her parole officer
    before driving alone in a motor vehicle.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
    (d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
    (e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
    (f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 95-464, eff. 6-1-08; 95-539, eff. 1-1-08; 95-579,
eff. 6-1-08; 95-640, eff. 6-1-08; 95-773, eff. 1-1-09; 95-876,
eff. 8-21-08; 95-983, eff. 6-1-09; 96-236, eff. 8-11-09;
96-262, eff. 1-1-10; 96-328, eff. 8-11-09; 96-362, eff. 1-1-10;
96-1000, eff. 7-2-10.)
 
    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)
    Sec. 5-5-3. Disposition.
    (a) (Blank).
    (b) (Blank).
    (c) (1) (Blank).
        (2) A period of probation, a term of periodic
    imprisonment or conditional discharge shall not be imposed
    for the following offenses. The court shall sentence the
    offender to not less than the minimum term of imprisonment
    set forth in this Code for the following offenses, and may
    order a fine or restitution or both in conjunction with
    such term of imprisonment:
            (A) First degree murder where the death penalty is
        not imposed.
            (B) Attempted first degree murder.
            (C) A Class X felony.
            (D) A violation of Section 401.1 or 407 of the
        Illinois Controlled Substances Act, or a violation of
        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
        of that Act which relates to more than 5 grams of a
        substance containing heroin, cocaine, fentanyl, or an
        analog thereof.
            (E) A violation of Section 5.1 or 9 of the Cannabis
        Control Act.
            (F) A Class 2 or greater felony if the offender had
        been convicted of a Class 2 or greater felony,
        including any state or federal conviction for an
        offense that contained, at the time it was committed,
        the same elements as an offense now (the date of the
        offense committed after the prior Class 2 or greater
        felony) classified as a Class 2 or greater felony,
        within 10 years of the date on which the offender
        committed the offense for which he or she is being
        sentenced, except as otherwise provided in Section
        40-10 of the Alcoholism and Other Drug Abuse and
        Dependency Act.
            (F-5) A violation of Section 24-1, 24-1.1, or
        24-1.6 of the Criminal Code of 1961 for which
        imprisonment is prescribed in those Sections.
            (G) Residential burglary, except as otherwise
        provided in Section 40-10 of the Alcoholism and Other
        Drug Abuse and Dependency Act.
            (H) Criminal sexual assault.
            (I) Aggravated battery of a senior citizen.
            (J) A forcible felony if the offense was related to
        the activities of an organized gang.
            Before July 1, 1994, for the purposes of this
        paragraph, "organized gang" means an association of 5
        or more persons, with an established hierarchy, that
        encourages members of the association to perpetrate
        crimes or provides support to the members of the
        association who do commit crimes.
            Beginning July 1, 1994, for the purposes of this
        paragraph, "organized gang" has the meaning ascribed
        to it in Section 10 of the Illinois Streetgang
        Terrorism Omnibus Prevention Act.
            (K) Vehicular hijacking.
            (L) A second or subsequent conviction for the
        offense of hate crime when the underlying offense upon
        which the hate crime is based is felony aggravated
        assault or felony mob action.
            (M) A second or subsequent conviction for the
        offense of institutional vandalism if the damage to the
        property exceeds $300.
            (N) A Class 3 felony violation of paragraph (1) of
        subsection (a) of Section 2 of the Firearm Owners
        Identification Card Act.
            (O) A violation of Section 12-6.1 of the Criminal
        Code of 1961.
            (P) A violation of paragraph (1), (2), (3), (4),
        (5), or (7) of subsection (a) of Section 11-20.1 of the
        Criminal Code of 1961.
            (Q) A violation of Section 20-1.2 or 20-1.3 of the
        Criminal Code of 1961.
            (R) A violation of Section 24-3A of the Criminal
        Code of 1961.
            (S) (Blank).
            (T) A second or subsequent violation of the
        Methamphetamine Control and Community Protection Act.
            (U) A second or subsequent violation of Section
        6-303 of the Illinois Vehicle Code committed while his
        or her driver's license, permit, or privilege was
        revoked because of a violation of Section 9-3 of the
        Criminal Code of 1961, relating to the offense of
        reckless homicide, or a similar provision of a law of
        another state.
            (V) A violation of paragraph (4) of subsection (c)
        of Section 11-20.3 of the Criminal Code of 1961.
            (W) A violation of Section 24-3.5 of the Criminal
        Code of 1961.
            (X) A violation of subsection (a) of Section 31-1a
        of the Criminal Code of 1961.
            (Y) A conviction for unlawful possession of a
        firearm by a street gang member when the firearm was
        loaded or contained firearm ammunition.
            (Z) A Class 1 felony committed while he or she was
        serving a term of probation or conditional discharge
        for a felony.
            (AA) Theft of property exceeding $500,000 and not
        exceeding $1,000,000 in value.
            (BB) Laundering of criminally derived property of
        a value exceeding $500,000.
            (CC) Knowingly selling, offering for sale, holding
        for sale, or using 2,000 or more counterfeit items or
        counterfeit items having a retail value in the
        aggregate of $500,000 or more.
        (3) (Blank).
        (4) A minimum term of imprisonment of not less than 10
    consecutive days or 30 days of community service shall be
    imposed for a violation of paragraph (c) of Section 6-303
    of the Illinois Vehicle Code.
        (4.1) (Blank).
        (4.2) Except as provided in paragraphs (4.3) and (4.8)
    of this subsection (c), a minimum of 100 hours of community
    service shall be imposed for a second violation of Section
    6-303 of the Illinois Vehicle Code.
        (4.3) A minimum term of imprisonment of 30 days or 300
    hours of community service, as determined by the court,
    shall be imposed for a second violation of subsection (c)
    of Section 6-303 of the Illinois Vehicle Code.
        (4.4) Except as provided in paragraphs (4.5), (4.6),
    and (4.9) of this subsection (c), a minimum term of
    imprisonment of 30 days or 300 hours of community service,
    as determined by the court, shall be imposed for a third or
    subsequent violation of Section 6-303 of the Illinois
    Vehicle Code.
        (4.5) A minimum term of imprisonment of 30 days shall
    be imposed for a third violation of subsection (c) of
    Section 6-303 of the Illinois Vehicle Code.
        (4.6) Except as provided in paragraph (4.10) of this
    subsection (c), a minimum term of imprisonment of 180 days
    shall be imposed for a fourth or subsequent violation of
    subsection (c) of Section 6-303 of the Illinois Vehicle
    Code.
        (4.7) A minimum term of imprisonment of not less than
    30 consecutive days, or 300 hours of community service,
    shall be imposed for a violation of subsection (a-5) of
    Section 6-303 of the Illinois Vehicle Code, as provided in
    subsection (b-5) of that Section.
        (4.8) A mandatory prison sentence shall be imposed for
    a second violation of subsection (a-5) of Section 6-303 of
    the Illinois Vehicle Code, as provided in subsection (c-5)
    of that Section. The person's driving privileges shall be
    revoked for a period of not less than 5 years from the date
    of his or her release from prison.
        (4.9) A mandatory prison sentence of not less than 4
    and not more than 15 years shall be imposed for a third
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-2.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (4.10) A mandatory prison sentence for a Class 1 felony
    shall be imposed, and the person shall be eligible for an
    extended term sentence, for a fourth or subsequent
    violation of subsection (a-5) of Section 6-303 of the
    Illinois Vehicle Code, as provided in subsection (d-3.5) of
    that Section. The person's driving privileges shall be
    revoked for the remainder of his or her life.
        (5) The court may sentence a corporation or
    unincorporated association convicted of any offense to:
            (A) a period of conditional discharge;
            (B) a fine;
            (C) make restitution to the victim under Section
        5-5-6 of this Code.
        (5.1) In addition to any other penalties imposed, and
    except as provided in paragraph (5.2) or (5.3), a person
    convicted of violating subsection (c) of Section 11-907 of
    the Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 90
    days but not more than one year, if the violation resulted
    in damage to the property of another person.
        (5.2) In addition to any other penalties imposed, and
    except as provided in paragraph (5.3), a person convicted
    of violating subsection (c) of Section 11-907 of the
    Illinois Vehicle Code shall have his or her driver's
    license, permit, or privileges suspended for at least 180
    days but not more than 2 years, if the violation resulted
    in injury to another person.
        (5.3) In addition to any other penalties imposed, a
    person convicted of violating subsection (c) of Section
    11-907 of the Illinois Vehicle Code shall have his or her
    driver's license, permit, or privileges suspended for 2
    years, if the violation resulted in the death of another
    person.
        (5.4) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code shall have his or her driver's license,
    permit, or privileges suspended for 3 months and until he
    or she has paid a reinstatement fee of $100.
        (5.5) In addition to any other penalties imposed, a
    person convicted of violating Section 3-707 of the Illinois
    Vehicle Code during a period in which his or her driver's
    license, permit, or privileges were suspended for a
    previous violation of that Section shall have his or her
    driver's license, permit, or privileges suspended for an
    additional 6 months after the expiration of the original
    3-month suspension and until he or she has paid a
    reinstatement fee of $100.
        (6) (Blank).
        (7) (Blank).
        (8) (Blank).
        (9) A defendant convicted of a second or subsequent
    offense of ritualized abuse of a child may be sentenced to
    a term of natural life imprisonment.
        (10) (Blank).
        (11) The court shall impose a minimum fine of $1,000
    for a first offense and $2,000 for a second or subsequent
    offense upon a person convicted of or placed on supervision
    for battery when the individual harmed was a sports
    official or coach at any level of competition and the act
    causing harm to the sports official or coach occurred
    within an athletic facility or within the immediate
    vicinity of the athletic facility at which the sports
    official or coach was an active participant of the athletic
    contest held at the athletic facility. For the purposes of
    this paragraph (11), "sports official" means a person at an
    athletic contest who enforces the rules of the contest,
    such as an umpire or referee; "athletic facility" means an
    indoor or outdoor playing field or recreational area where
    sports activities are conducted; and "coach" means a person
    recognized as a coach by the sanctioning authority that
    conducted the sporting event.
        (12) A person may not receive a disposition of court
    supervision for a violation of Section 5-16 of the Boat
    Registration and Safety Act if that person has previously
    received a disposition of court supervision for a violation
    of that Section.
        (13) A person convicted of or placed on court
    supervision for an assault or aggravated assault when the
    victim and the offender are family or household members as
    defined in Section 103 of the Illinois Domestic Violence
    Act of 1986 or convicted of domestic battery or aggravated
    domestic battery may be required to attend a Partner Abuse
    Intervention Program under protocols set forth by the
    Illinois Department of Human Services under such terms and
    conditions imposed by the court. The costs of such classes
    shall be paid by the offender.
    (d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of the
Unified Code of Corrections which may include evidence of the
defendant's life, moral character and occupation during the
time since the original sentence was passed. The trial court
shall then impose sentence upon the defendant. The trial court
may impose any sentence which could have been imposed at the
original trial subject to Section 5-5-4 of the Unified Code of
Corrections. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
    (e) In cases where prosecution for aggravated criminal
sexual abuse under Section 12-16 of the Criminal Code of 1961
results in conviction of a defendant who was a family member of
the victim at the time of the commission of the offense, the
court shall consider the safety and welfare of the victim and
may impose a sentence of probation only where:
        (1) the court finds (A) or (B) or both are appropriate:
            (A) the defendant is willing to undergo a court
        approved counseling program for a minimum duration of 2
        years; or
            (B) the defendant is willing to participate in a
        court approved plan including but not limited to the
        defendant's:
                (i) removal from the household;
                (ii) restricted contact with the victim;
                (iii) continued financial support of the
            family;
                (iv) restitution for harm done to the victim;
            and
                (v) compliance with any other measures that
            the court may deem appropriate; and
        (2) the court orders the defendant to pay for the
    victim's counseling services, to the extent that the court
    finds, after considering the defendant's income and
    assets, that the defendant is financially capable of paying
    for such services, if the victim was under 18 years of age
    at the time the offense was committed and requires
    counseling as a result of the offense.
    Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
    For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section
12-12 of the Criminal Code of 1961.
    (f) (Blank).
    (g) Whenever a defendant is convicted of an offense under
Sections 11-14, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15 or 12-16
of the Criminal Code of 1961, the defendant shall undergo
medical testing to determine whether the defendant has any
sexually transmissible disease, including a test for infection
with human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested by
the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the test
results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. A
State's Attorney may petition the court to obtain the results
of any HIV test administered under this Section, and the court
shall grant the disclosure if the State's Attorney shows it is
relevant in order to prosecute a charge of criminal
transmission of HIV under Section 12-16.2 of the Criminal Code
of 1961 against the defendant. The court shall order that the
cost of any such test shall be paid by the county and may be
taxed as costs against the convicted defendant.
    (g-5) When an inmate is tested for an airborne communicable
disease, as determined by the Illinois Department of Public
Health including but not limited to tuberculosis, the results
of the test shall be personally delivered by the warden or his
or her designee in a sealed envelope to the judge of the court
in which the inmate must appear for the judge's inspection in
camera if requested by the judge. Acting in accordance with the
best interests of those in the courtroom, the judge shall have
the discretion to determine what if any precautions need to be
taken to prevent transmission of the disease in the courtroom.
    (h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus
(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. A State's Attorney may petition the court to
obtain the results of any HIV test administered under this
Section, and the court shall grant the disclosure if the
State's Attorney shows it is relevant in order to prosecute a
charge of criminal transmission of HIV under Section 12-16.2 of
the Criminal Code of 1961 against the defendant. The court
shall order that the cost of any such test shall be paid by the
county and may be taxed as costs against the convicted
defendant.
    (i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (j) In cases when prosecution for any violation of Section
11-6, 11-8, 11-9, 11-11, 11-14, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-21, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substance Act, or Section 70 of the Methamphetamine
Control and Community Protection Act of a defendant, the court
shall determine whether the defendant is employed by a facility
or center as defined under the Child Care Act of 1969, a public
or private elementary or secondary school, or otherwise works
with children under 18 years of age on a daily basis. When a
defendant is so employed, the court shall order the Clerk of
the Court to send a copy of the judgment of conviction or order
of supervision or probation to the defendant's employer by
certified mail. If the employer of the defendant is a school,
the Clerk of the Court shall direct the mailing of a copy of
the judgment of conviction or order of supervision or probation
to the appropriate regional superintendent of schools. The
regional superintendent of schools shall notify the State Board
of Education of any notification under this subsection.
    (j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall as
a condition of his or her sentence be required by the court to
attend educational courses designed to prepare the defendant
for a high school diploma and to work toward a high school
diploma or to work toward passing the high school level Test of
General Educational Development (GED) or to work toward
completing a vocational training program offered by the
Department of Corrections. If a defendant fails to complete the
educational training required by his or her sentence during the
term of incarceration, the Prisoner Review Board shall, as a
condition of mandatory supervised release, require the
defendant, at his or her own expense, to pursue a course of
study toward a high school diploma or passage of the GED test.
The Prisoner Review Board shall revoke the mandatory supervised
release of a defendant who wilfully fails to comply with this
subsection (j-5) upon his or her release from confinement in a
penal institution while serving a mandatory supervised release
term; however, the inability of the defendant after making a
good faith effort to obtain financial aid or pay for the
educational training shall not be deemed a wilful failure to
comply. The Prisoner Review Board shall recommit the defendant
whose mandatory supervised release term has been revoked under
this subsection (j-5) as provided in Section 3-3-9. This
subsection (j-5) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (j-5) does not apply to a defendant who is
determined by the court to be developmentally disabled or
otherwise mentally incapable of completing the educational or
vocational program.
    (k) (Blank).
    (l) (A) Except as provided in paragraph (C) of subsection
    (l), whenever a defendant, who is an alien as defined by
    the Immigration and Nationality Act, is convicted of any
    felony or misdemeanor offense, the court after sentencing
    the defendant may, upon motion of the State's Attorney,
    hold sentence in abeyance and remand the defendant to the
    custody of the Attorney General of the United States or his
    or her designated agent to be deported when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        Otherwise, the defendant shall be sentenced as
    provided in this Chapter V.
        (B) If the defendant has already been sentenced for a
    felony or misdemeanor offense, or has been placed on
    probation under Section 10 of the Cannabis Control Act,
    Section 410 of the Illinois Controlled Substances Act, or
    Section 70 of the Methamphetamine Control and Community
    Protection Act, the court may, upon motion of the State's
    Attorney to suspend the sentence imposed, commit the
    defendant to the custody of the Attorney General of the
    United States or his or her designated agent when:
            (1) a final order of deportation has been issued
        against the defendant pursuant to proceedings under
        the Immigration and Nationality Act, and
            (2) the deportation of the defendant would not
        deprecate the seriousness of the defendant's conduct
        and would not be inconsistent with the ends of justice.
        (C) This subsection (l) does not apply to offenders who
    are subject to the provisions of paragraph (2) of
    subsection (a) of Section 3-6-3.
        (D) Upon motion of the State's Attorney, if a defendant
    sentenced under this Section returns to the jurisdiction of
    the United States, the defendant shall be recommitted to
    the custody of the county from which he or she was
    sentenced. Thereafter, the defendant shall be brought
    before the sentencing court, which may impose any sentence
    that was available under Section 5-5-3 at the time of
    initial sentencing. In addition, the defendant shall not be
    eligible for additional good conduct credit for
    meritorious service as provided under Section 3-6-6.
    (m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961, in which the
property damage exceeds $300 and the property damaged is a
school building, shall be ordered to perform community service
that may include cleanup, removal, or painting over the
defacement.
    (n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
Criminal Code of 1961 (i) to an impact incarceration program if
the person is otherwise eligible for that program under Section
5-8-1.1, (ii) to community service, or (iii) if the person is
an addict or alcoholic, as defined in the Alcoholism and Other
Drug Abuse and Dependency Act, to a substance or alcohol abuse
program licensed under that Act.
    (o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions of
license renewal established by the Secretary of State.
(Source: P.A. 95-188, eff. 8-16-07; 95-259, eff. 8-17-07;
95-331, eff. 8-21-07; 95-377, eff. 1-1-08; 95-579, eff. 6-1-08;
95-876, eff. 8-21-08; 95-882, eff. 1-1-09; 95-1052, eff.
7-1-09; 96-348, eff. 8-12-09; 96-400, eff. 8-13-09; 96-829,
eff. 12-3-09; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
    Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
    (a) The conditions of probation and of conditional
discharge shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report to or appear in person before such person or
    agency as directed by the court;
        (3) refrain from possessing a firearm or other
    dangerous weapon where the offense is a felony or, if a
    misdemeanor, the offense involved the intentional or
    knowing infliction of bodily harm or threat of bodily harm;
        (4) not leave the State without the consent of the
    court or, in circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by the court is not possible, without the prior
    notification and approval of the person's probation
    officer. Transfer of a person's probation or conditional
    discharge supervision to another state is subject to
    acceptance by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
        (5) permit the probation officer to visit him at his
    home or elsewhere to the extent necessary to discharge his
    duties;
        (6) perform no less than 30 hours of community service
    and not more than 120 hours of community service, if
    community service is available in the jurisdiction and is
    funded and approved by the county board where the offense
    was committed, where the offense was related to or in
    furtherance of the criminal activities of an organized gang
    and was motivated by the offender's membership in or
    allegiance to an organized gang. The community service
    shall include, but not be limited to, the cleanup and
    repair of any damage caused by a violation of Section
    21-1.3 of the Criminal Code of 1961 and similar damage to
    property located within the municipality or county in which
    the violation occurred. When possible and reasonable, the
    community service should be performed in the offender's
    neighborhood. For purposes of this Section, "organized
    gang" has the meaning ascribed to it in Section 10 of the
    Illinois Streetgang Terrorism Omnibus Prevention Act;
        (7) if he or she is at least 17 years of age and has
    been sentenced to probation or conditional discharge for a
    misdemeanor or felony in a county of 3,000,000 or more
    inhabitants and has not been previously convicted of a
    misdemeanor or felony, may be required by the sentencing
    court to attend educational courses designed to prepare the
    defendant for a high school diploma and to work toward a
    high school diploma or to work toward passing the high
    school level Test of General Educational Development (GED)
    or to work toward completing a vocational training program
    approved by the court. The person on probation or
    conditional discharge must attend a public institution of
    education to obtain the educational or vocational training
    required by this clause (7). The court shall revoke the
    probation or conditional discharge of a person who wilfully
    fails to comply with this clause (7). The person on
    probation or conditional discharge shall be required to pay
    for the cost of the educational courses or GED test, if a
    fee is charged for those courses or test. The court shall
    resentence the offender whose probation or conditional
    discharge has been revoked as provided in Section 5-6-4.
    This clause (7) does not apply to a person who has a high
    school diploma or has successfully passed the GED test.
    This clause (7) does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise mentally incapable of completing the educational
    or vocational program;
        (8) if convicted of possession of a substance
    prohibited by the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction or
    disposition of supervision for possession of a substance
    prohibited by the Cannabis Control Act or Illinois
    Controlled Substances Act or after a sentence of probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) that
    would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
    1961, refrain from communicating with or contacting, by
    means of the Internet, a person who is not related to the
    accused and whom the accused reasonably believes to be
    under 18 years of age; for purposes of this paragraph
    (8.7), "Internet" has the meaning ascribed to it in Section
    16J-5 of the Criminal Code of 1961; and a person is not
    related to the accused if the person is not: (i) the
    spouse, brother, or sister of the accused; (ii) a
    descendant of the accused; (iii) a first or second cousin
    of the accused; or (iv) a step-child or adopted child of
    the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after June 1, 2009 (the effective
    date of Public Act 95-983):
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (8.9) if convicted of a sex offense as defined in the
    Sex Offender Registration Act committed on or after January
    1, 2010 (the effective date of Public Act 96-262), refrain
    from accessing or using a social networking website as
    defined in Section 17-0.5 16D-2 of the Criminal Code of
    1961;
        (9) if convicted of a felony, physically surrender at a
    time and place designated by the court, his or her Firearm
    Owner's Identification Card and any and all firearms in his
    or her possession;
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter; and
        (11) if convicted of a sex offense as defined in
    Section 2 of the Sex Offender Registration Act committed on
    or after January 1, 2010 (the effective date of Public Act
    96-362) that requires the person to register as a sex
    offender under that Act, may not knowingly use any computer
    scrub software on any computer that the sex offender uses.
    (b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
        (1) serve a term of periodic imprisonment under Article
    7 for a period not to exceed that specified in paragraph
    (d) of Section 5-7-1;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home;
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is convicted of a crime of
        violence as defined in Section 2 of the Crime Victims
        Compensation Act committed in a school, on the real
        property comprising a school, or within 1,000 feet of
        the real property comprising a school;
        (8) make restitution as provided in Section 5-5-6 of
    this Code;
        (9) perform some reasonable public or community
    service;
        (10) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be that
    the offender:
            (i) remain within the interior premises of the
        place designated for his confinement during the hours
        designated by the court;
            (ii) admit any person or agent designated by the
        court into the offender's place of confinement at any
        time for purposes of verifying the offender's
        compliance with the conditions of his confinement; and
            (iii) if further deemed necessary by the court or
        the Probation or Court Services Department, be placed
        on an approved electronic monitoring device, subject
        to Article 8A of Chapter V;
            (iv) for persons convicted of any alcohol,
        cannabis or controlled substance violation who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the offender to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer for deposit in the substance abuse services
        fund under Section 5-1086.1 of the Counties Code; and
            (v) for persons convicted of offenses other than
        those referenced in clause (iv) above and who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the defendant to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer who shall use the monies collected to defray
        the costs of corrections. The county treasurer shall
        deposit the fee collected in the county working cash
        fund under Section 6-27001 or Section 6-29002 of the
        Counties Code, as the case may be.
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986, as now or hereafter amended,
    or an order of protection issued by the court of another
    state, tribe, or United States territory. A copy of the
    order of protection shall be transmitted to the probation
    officer or agency having responsibility for the case;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) if convicted for an offense committed on or after
    June 1, 2008 (the effective date of Public Act 95-464) that
    would qualify the accused as a child sex offender as
    defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
    1961, refrain from communicating with or contacting, by
    means of the Internet, a person who is related to the
    accused and whom the accused reasonably believes to be
    under 18 years of age; for purposes of this paragraph (17),
    "Internet" has the meaning ascribed to it in Section 16J-5
    of the Criminal Code of 1961; and a person is related to
    the accused if the person is: (i) the spouse, brother, or
    sister of the accused; (ii) a descendant of the accused;
    (iii) a first or second cousin of the accused; or (iv) a
    step-child or adopted child of the accused;
        (18) if convicted for an offense committed on or after
    June 1, 2009 (the effective date of Public Act 95-983) that
    would qualify as a sex offense as defined in the Sex
    Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer; and
        (19) refrain from possessing a firearm or other
    dangerous weapon where the offense is a misdemeanor that
    did not involve the intentional or knowing infliction of
    bodily harm or threat of bodily harm.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court.
    (i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.
(Source: P.A. 95-331, eff. 8-21-07; 95-464, eff. 6-1-08;
95-578, eff. 6-1-08; 95-696, eff. 6-1-08; 95-773, eff. 1-1-09;
95-876, eff. 8-21-08; 95-983, eff. 6-1-09; 96-262, eff. 1-1-10;
96-328, eff. 8-11-09; 96-362, eff. 1-1-10; 96-695, eff.
8-25-09; 96-1000, eff. 7-2-10; 96-1414, eff. 1-1-11.)
 
    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
    (a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 where a
disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damages to property located within the municipality or
county in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
    For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of supervision;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) refrain from possessing a firearm or other
    dangerous weapon;
        (8) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home; or
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is placed on supervision for a
        crime of violence as defined in Section 2 of the Crime
        Victims Compensation Act committed in a school, on the
        real property comprising a school, or within 1,000 feet
        of the real property comprising a school;
        (9) make restitution or reparation in an amount not to
    exceed actual loss or damage to property and pecuniary loss
    or make restitution under Section 5-5-6 to a domestic
    violence shelter. The court shall determine the amount and
    conditions of payment;
        (10) perform some reasonable public or community
    service;
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986 or an order of protection
    issued by the court of another state, tribe, or United
    States territory. If the court has ordered the defendant to
    make a report and appear in person under paragraph (1) of
    this subsection, a copy of the order of protection shall be
    transmitted to the person or agency so designated by the
    court;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of person, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) refrain from operating any motor vehicle not
    equipped with an ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code; under this
    condition the court may allow a defendant who is not
    self-employed to operate a vehicle owned by the defendant's
    employer that is not equipped with an ignition interlock
    device in the course and scope of the defendant's
    employment; and
        (18) if placed on supervision for a sex offense as
    defined in subsection (a-5) of Section 3-1-2 of this Code,
    unless the offender is a parent or guardian of the person
    under 18 years of age present in the home and no
    non-familial minors are present, not participate in a
    holiday event involving children under 18 years of age,
    such as distributing candy or other items to children on
    Halloween, wearing a Santa Claus costume on or preceding
    Christmas, being employed as a department store Santa
    Claus, or wearing an Easter Bunny costume on or preceding
    Easter.
    (d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
    (e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
    (f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may
be provided by law. However, any defendant placed on
supervision before January 1, 1980, may move for sealing or
expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section. A person
placed on supervision for a sexual offense committed against a
minor as defined in clause (a)(1)(L) of Section 5.2 of the
Criminal Identification Act or for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a
local ordinance shall not have his or her record of arrest
sealed or expunged.
    (g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
    (h) A disposition of supervision is a final order for the
purposes of appeal.
    (i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
    A circuit court may not impose a probation fee in excess of
$25 per month unless the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay.
Of the amount collected as a probation fee, not to exceed $5 of
that fee collected per month may be used to provide services to
crime victims and their families.
    The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke the
supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (k) does not apply to a defendant who is determined
by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
    (l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
    (m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
    (n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
    (p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall refrain from communicating with or
contacting, by means of the Internet, a person who is not
related to the accused and whom the accused reasonably believes
to be under 18 years of age. For purposes of this subsection
(p), "Internet" has the meaning ascribed to it in Section 16J-5
of the Criminal Code of 1961; and a person is not related to
the accused if the person is not: (i) the spouse, brother, or
sister of the accused; (ii) a descendant of the accused; (iii)
a first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused.
    (q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) that would qualify the accused as a child
sex offender as defined in Section 11-9.3 or 11-9.4 of the
Criminal Code of 1961 shall, if so ordered by the court,
refrain from communicating with or contacting, by means of the
Internet, a person who is related to the accused and whom the
accused reasonably believes to be under 18 years of age. For
purposes of this subsection (q), "Internet" has the meaning
ascribed to it in Section 16J-5 of the Criminal Code of 1961;
and a person is related to the accused if the person is: (i)
the spouse, brother, or sister of the accused; (ii) a
descendant of the accused; (iii) a first or second cousin of
the accused; or (iv) a step-child or adopted child of the
accused.
    (r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
the Criminal Code of 1961, or any attempt to commit any of
these offenses, committed on or after the effective date of
this amendatory Act of the 95th General Assembly shall:
        (i) not access or use a computer or any other device
    with Internet capability without the prior written
    approval of the court, except in connection with the
    offender's employment or search for employment with the
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of
    the offender's computer or any other device with Internet
    capability by the offender's probation officer, a law
    enforcement officer, or assigned computer or information
    technology specialist, including the retrieval and copying
    of all data from the computer or device and any internal or
    external peripherals and removal of such information,
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's
    computer or device with Internet capability, at the
    offender's expense, of one or more hardware or software
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions
    concerning the offender's use of or access to a computer or
    any other device with Internet capability imposed by the
    court.
    (s) An offender placed on supervision for an offense that
is a sex offense as defined in Section 2 of the Sex Offender
Registration Act that is committed on or after January 1, 2010
(the effective date of Public Act 96-362) that requires the
person to register as a sex offender under that Act, may not
knowingly use any computer scrub software on any computer that
the sex offender uses.
    (t) An offender placed on supervision for a sex offense as
defined in the Sex Offender Registration Act committed on or
after January 1, 2010 (the effective date of Public Act 96-262)
shall refrain from accessing or using a social networking
website as defined in Section 17-0.5 16D-2 of the Criminal Code
of 1961.
(Source: P.A. 95-211, eff. 1-1-08; 95-331, eff. 8-21-07;
95-464, eff. 6-1-08; 95-696, eff. 6-1-08; 95-876, eff. 8-21-08;
95-983, eff. 6-1-09; 96-262, eff. 1-1-10; 96-362, eff. 1-1-10;
96-409, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1414, eff.
1-1-11.)
 
    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
    Sec. 5-8-4. Concurrent and consecutive terms of
imprisonment.
    (a) Concurrent terms; multiple or additional sentences.
When an Illinois court (i) imposes multiple sentences of
imprisonment on a defendant at the same time or (ii) imposes a
sentence of imprisonment on a defendant who is already subject
to a sentence of imprisonment imposed by an Illinois court, a
court of another state, or a federal court, then the sentences
shall run concurrently unless otherwise determined by the
Illinois court under this Section.
    (b) Concurrent terms; misdemeanor and felony. A defendant
serving a sentence for a misdemeanor who is convicted of a
felony and sentenced to imprisonment shall be transferred to
the Department of Corrections, and the misdemeanor sentence
shall be merged in and run concurrently with the felony
sentence.
    (c) Consecutive terms; permissive. The court may impose
consecutive sentences in any of the following circumstances:
        (1) If, having regard to the nature and circumstances
    of the offense and the history and character of the
    defendant, it is the opinion of the court that consecutive
    sentences are required to protect the public from further
    criminal conduct by the defendant, the basis for which the
    court shall set forth in the record.
        (2) If one of the offenses for which a defendant was
    convicted was a violation of Section 32-5.2 (aggravated
    false personation of a peace officer) of the Criminal Code
    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
    (b)(5) or (b)(6) of Section 17-2 of that Code (720 ILCS
    5/17-2) and the offense was committed in attempting or
    committing a forcible felony.
    (d) Consecutive terms; mandatory. The court shall impose
consecutive sentences in each of the following circumstances:
        (1) One of the offenses for which the defendant was
    convicted was first degree murder or a Class X or Class 1
    felony and the defendant inflicted severe bodily injury.
        (2) The defendant was convicted of a violation of
    Section 12-13 (criminal sexual assault), 12-14 (aggravated
    criminal sexual assault), or 12-14.1 (predatory criminal
    sexual assault of a child) of the Criminal Code of 1961
    (720 ILCS 5/12-13, 5/12-14, or 5/12-14.1).
        (3) The defendant was convicted of armed violence based
    upon the predicate offense of any of the following:
    solicitation of murder, solicitation of murder for hire,
    heinous battery, aggravated battery of a senior citizen,
    criminal sexual assault, a violation of subsection (g) of
    Section 5 of the Cannabis Control Act (720 ILCS 550/5),
    cannabis trafficking, a violation of subsection (a) of
    Section 401 of the Illinois Controlled Substances Act (720
    ILCS 570/401), controlled substance trafficking involving
    a Class X felony amount of controlled substance under
    Section 401 of the Illinois Controlled Substances Act (720
    ILCS 570/401), a violation of the Methamphetamine Control
    and Community Protection Act (720 ILCS 646/), calculated
    criminal drug conspiracy, or streetgang criminal drug
    conspiracy.
        (4) The defendant was convicted of the offense of
    leaving the scene of a motor vehicle accident involving
    death or personal injuries under Section 11-401 of the
    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
    aggravated driving under the influence of alcohol, other
    drug or drugs, or intoxicating compound or compounds, or
    any combination thereof under Section 11-501 of the
    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
    homicide under Section 9-3 of the Criminal Code of 1961
    (720 ILCS 5/9-3), or (C) both an offense described in item
    (A) and an offense described in item (B).
        (5) The defendant was convicted of a violation of
    Section 9-3.1 (concealment of homicidal death) or Section
    12-20.5 (dismembering a human body) of the Criminal Code of
    1961 (720 ILCS 5/9-3.1 or 5/12-20.5).
        (5.5) The defendant was convicted of a violation of
    Section 24-3.7 (use of a stolen firearm in the commission
    of an offense) of the Criminal Code of 1961.
        (6) If the defendant was in the custody of the
    Department of Corrections at the time of the commission of
    the offense, the sentence shall be served consecutive to
    the sentence under which the defendant is held by the
    Department of Corrections. If, however, the defendant is
    sentenced to punishment by death, the sentence shall be
    executed at such time as the court may fix without regard
    to the sentence under which the defendant may be held by
    the Department.
        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
    for escape or attempted escape shall be served consecutive
    to the terms under which the offender is held by the
    Department of Corrections.
        (8) If a person charged with a felony commits a
    separate felony while on pretrial release or in pretrial
    detention in a county jail facility or county detention
    facility, then the sentences imposed upon conviction of
    these felonies shall be served consecutively regardless of
    the order in which the judgments of conviction are entered.
        (8.5) If a person commits a battery against a county
    correctional officer or sheriff's employee while serving a
    sentence or in pretrial detention in a county jail
    facility, then the sentence imposed upon conviction of the
    battery shall be served consecutively with the sentence
    imposed upon conviction of the earlier misdemeanor or
    felony, regardless of the order in which the judgments of
    conviction are entered.
        (9) If a person admitted to bail following conviction
    of a felony commits a separate felony while free on bond or
    if a person detained in a county jail facility or county
    detention facility following conviction of a felony
    commits a separate felony while in detention, then any
    sentence following conviction of the separate felony shall
    be consecutive to that of the original sentence for which
    the defendant was on bond or detained.
        (10) If a person is found to be in possession of an
    item of contraband, as defined in clause (c)(2) of Section
    31A-1.1 of the Criminal Code of 1961, while serving a
    sentence in a county jail or while in pre-trial detention
    in a county jail, the sentence imposed upon conviction for
    the offense of possessing contraband in a penal institution
    shall be served consecutively to the sentence imposed for
    the offense in which the person is serving sentence in the
    county jail or serving pretrial detention, regardless of
    the order in which the judgments of conviction are entered.
        (11) If a person is sentenced for a violation of bail
    bond under Section 32-10 of the Criminal Code of 1961, any
    sentence imposed for that violation shall be served
    consecutive to the sentence imposed for the charge for
    which bail had been granted and with respect to which the
    defendant has been convicted.
    (e) Consecutive terms; subsequent non-Illinois term. If an
Illinois court has imposed a sentence of imprisonment on a
defendant and the defendant is subsequently sentenced to a term
of imprisonment by a court of another state or a federal court,
then the Illinois sentence shall run consecutively to the
sentence imposed by the court of the other state or the federal
court. That same Illinois court, however, may order that the
Illinois sentence run concurrently with the sentence imposed by
the court of the other state or the federal court, but only if
the defendant applies to that same Illinois court within 30
days after the sentence imposed by the court of the other state
or the federal court is finalized.
    (f) Consecutive terms; aggregate maximums and minimums.
The aggregate maximum and aggregate minimum of consecutive
sentences shall be determined as follows:
        (1) For sentences imposed under law in effect prior to
    February 1, 1978, the aggregate maximum of consecutive
    sentences shall not exceed the maximum term authorized
    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
    Chapter V for the 2 most serious felonies involved. The
    aggregate minimum period of consecutive sentences shall
    not exceed the highest minimum term authorized under
    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
    V for the 2 most serious felonies involved. When sentenced
    only for misdemeanors, a defendant shall not be
    consecutively sentenced to more than the maximum for one
    Class A misdemeanor.
        (2) For sentences imposed under the law in effect on or
    after February 1, 1978, the aggregate of consecutive
    sentences for offenses that were committed as part of a
    single course of conduct during which there was no
    substantial change in the nature of the criminal objective
    shall not exceed the sum of the maximum terms authorized
    under Article 4.5 of Chapter V for the 2 most serious
    felonies involved, but no such limitation shall apply for
    offenses that were not committed as part of a single course
    of conduct during which there was no substantial change in
    the nature of the criminal objective. When sentenced only
    for misdemeanors, a defendant shall not be consecutively
    sentenced to more than the maximum for one Class A
    misdemeanor.
    (g) Consecutive terms; manner served. In determining the
manner in which consecutive sentences of imprisonment, one or
more of which is for a felony, will be served, the Department
of Corrections shall treat the defendant as though he or she
had been committed for a single term subject to each of the
following:
        (1) The maximum period of a term of imprisonment shall
    consist of the aggregate of the maximums of the imposed
    indeterminate terms, if any, plus the aggregate of the
    imposed determinate sentences for felonies, plus the
    aggregate of the imposed determinate sentences for
    misdemeanors, subject to subsection (f) of this Section.
        (2) The parole or mandatory supervised release term
    shall be as provided in paragraph (e) of Section 5-4.5-50
    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
    involved.
        (3) The minimum period of imprisonment shall be the
    aggregate of the minimum and determinate periods of
    imprisonment imposed by the court, subject to subsection
    (f) of this Section.
        (4) The defendant shall be awarded credit against the
    aggregate maximum term and the aggregate minimum term of
    imprisonment for all time served in an institution since
    the commission of the offense or offenses and as a
    consequence thereof at the rate specified in Section 3-6-3
    (730 ILCS 5/3-6-3).
(Source: P.A. 95-379, eff. 8-23-07; 95-766, eff. 1-1-09;
95-1052, eff. 7-1-09; 96-190, eff. 1-1-10; 96-1000, eff.
7-2-10; 96-1200, eff. 7-22-10.)
 
    (730 ILCS 5/5-9-1.3)  (from Ch. 38, par. 1005-9-1.3)
    Sec. 5-9-1.3. Fines for offenses involving theft,
deceptive practices, and offenses against units of local
government or school districts.
    (a) When a person has been adjudged guilty of a felony
under Section 16-1, 16D-3, 16D-4, 16D-5, 16D-5.5, or 17-1 of
the Criminal Code of 1961, a fine may be levied by the court in
an amount which is the greater of $25,000 or twice the value of
the property which is the subject of the offense.
    (b) When a person has been convicted of a felony under
Section 16-1 of the Criminal Code of 1961 and the theft was
committed upon any unit of local government or school district,
or the person has been convicted of any violation of Sections
33C-1 through 33C-4 or Sections 33E-3 through 33E-18, or
subsection (a), (b), (c), or (d) of Section 17-10.3, of the
Criminal Code of 1961, a fine may be levied by the court in an
amount that is the greater of $25,000 or treble the value of
the property which is the subject of the offense or loss to the
unit of local government or school district.
    (c) All fines imposed under subsection (b) of this Section
shall be distributed as follows:
        (1) An amount equal to 30% shall be distributed to the
    unit of local government or school district that was the
    victim of the offense;
        (2) An amount equal to 30% shall be distributed to the
    unit of local government whose officers or employees
    conducted the investigation into the crimes against the
    unit of local government or school district. Amounts
    distributed to units of local government shall be used
    solely for the enforcement of criminal laws protecting
    units of local government or school districts;
        (3) An amount equal to 30% shall be distributed to the
    State's Attorney of the county in which the prosecution
    resulting in the conviction was instituted. The funds shall
    be used solely for the enforcement of criminal laws
    protecting units of local government or school districts;
    and
        (4) An amount equal to 10% shall be distributed to the
    circuit court clerk of the county where the prosecution
    resulting in the conviction was instituted.
    (d) A fine order under subsection (b) of this Section is a
judgment lien in favor of the victim unit of local government
or school district, the State's Attorney of the county where
the violation occurred, the law enforcement agency that
investigated the violation, and the circuit court clerk.
(Source: P.A. 96-1200, eff. 7-22-10.)
 
    Section 10-155. The Probate Act of 1975 is amended by
changing Sections 2-6.2 and 2-6.6 as follows:
 
    (755 ILCS 5/2-6.2)
    Sec. 2-6.2. Financial exploitation, abuse, or neglect of an
elderly person or a person with a disability.
    (a) In this Section:
    "Abuse" means any offense described in Section 12-21 of the
Criminal Code of 1961.
    "Financial exploitation" means any offense described in
Section 16-1.3 or 17-56 of the Criminal Code of 1961.
    "Neglect" means any offense described in Section 12-19 of
the Criminal Code of 1961.
    (b) Persons convicted of financial exploitation, abuse, or
neglect of an elderly person or a person with a disability
shall not receive any property, benefit, or other interest by
reason of the death of that elderly person or person with a
disability, whether as heir, legatee, beneficiary, survivor,
appointee, claimant under Section 18-1.1, or in any other
capacity and whether the property, benefit, or other interest
passes pursuant to any form of title registration, testamentary
or nontestamentary instrument, intestacy, renunciation, or any
other circumstance. The property, benefit, or other interest
shall pass as if the person convicted of the financial
exploitation, abuse, or neglect died before the decedent,
provided that with respect to joint tenancy property the
interest possessed prior to the death by the person convicted
of the financial exploitation, abuse, or neglect shall not be
diminished by the application of this Section. Notwithstanding
the foregoing, a person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability shall be entitled to receive property, a benefit, or
an interest in any capacity and under any circumstances
described in this subsection (b) if it is demonstrated by clear
and convincing evidence that the victim of that offense knew of
the conviction and subsequent to the conviction expressed or
ratified his or her intent to transfer the property, benefit,
or interest to the person convicted of financial exploitation,
abuse, or neglect of an elderly person or a person with a
disability in any manner contemplated by this subsection (b).
    (c) (1) The holder of any property subject to the
    provisions of this Section shall not be liable for
    distributing or releasing the property to the person
    convicted of financial exploitation, abuse, or neglect of
    an elderly person or a person with a disability if the
    distribution or release occurs prior to the conviction.
        (2) If the holder is a financial institution, trust
    company, trustee, or similar entity or person, the holder
    shall not be liable for any distribution or release of the
    property, benefit, or other interest to the person
    convicted of a violation of Section 12-19, 12-21, or
    16-1.3, or 17-56 of the Criminal Code of 1961 unless the
    holder knowingly distributes or releases the property,
    benefit, or other interest to the person so convicted after
    first having received actual written notice of the
    conviction in sufficient time to act upon the notice.
    (d) If the holder of any property subject to the provisions
of this Section knows that a potential beneficiary has been
convicted of financial exploitation, abuse, or neglect of an
elderly person or a person with a disability within the scope
of this Section, the holder shall fully cooperate with law
enforcement authorities and judicial officers in connection
with any investigation of the financial exploitation, abuse, or
neglect. If the holder is a person or entity that is subject to
regulation by a regulatory agency pursuant to the laws of this
or any other state or pursuant to the laws of the United
States, including but not limited to the business of a
financial institution, corporate fiduciary, or insurance
company, then such person or entity shall not be deemed to be
in violation of this Section to the extent that privacy laws
and regulations applicable to such person or entity prevent it
from voluntarily providing law enforcement authorities or
judicial officers with information.
(Source: P.A. 95-315, eff. 1-1-08.)
 
    (755 ILCS 5/2-6.6)
    Sec. 2-6.6. Person convicted of certain offenses against
the elderly or disabled. A person who is convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
Criminal Code of 1961 may not receive any property, benefit, or
other interest by reason of the death of the victim of that
offense, whether as heir, legatee, beneficiary, joint tenant,
tenant by the entirety, survivor, appointee, or in any other
capacity and whether the property, benefit, or other interest
passes pursuant to any form of title registration, testamentary
or nontestamentary instrument, intestacy, renunciation, or any
other circumstance. The property, benefit, or other interest
shall pass as if the person convicted of a violation of Section
12-19, 12-21, or 16-1.3, or 17-56 of the Criminal Code of 1961
died before the decedent; provided that with respect to joint
tenancy property or property held in tenancy by the entirety,
the interest possessed prior to the death by the person
convicted may not be diminished by the application of this
Section. Notwithstanding the foregoing, a person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
Criminal Code of 1961 shall be entitled to receive property, a
benefit, or an interest in any capacity and under any
circumstances described in this Section if it is demonstrated
by clear and convincing evidence that the victim of that
offense knew of the conviction and subsequent to the conviction
expressed or ratified his or her intent to transfer the
property, benefit, or interest to the person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
Criminal Code of 1961 in any manner contemplated by this
Section.
    The holder of any property subject to the provisions of
this Section is not liable for distributing or releasing the
property to the person convicted of violating Section 12-19,
12-21, or 16-1.3, or 17-56 of the Criminal Code of 1961.
    If the holder is a financial institution, trust company,
trustee, or similar entity or person, the holder shall not be
liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, or 16-1.3, or 17-56 of the
Criminal Code of 1961 unless the holder knowingly distributes
or releases the property, benefit, or other interest to the
person so convicted after first having received actual written
notice of the conviction in sufficient time to act upon the
notice.
    The Department of State Police shall have access to State
of Illinois databases containing information that may help in
the identification or location of persons convicted of the
offenses enumerated in this Section. Interagency agreements
shall be implemented, consistent with security and procedures
established by the State agency and consistent with the laws
governing the confidentiality of the information in the
databases. Information shall be used only for administration of
this Section.
(Source: P.A. 93-301, eff. 1-1-04.)
 
    Section 10-160. The Illinois Human Rights Act is amended by
changing Section 4-101 as follows:
 
    (775 ILCS 5/4-101)  (from Ch. 68, par. 4-101)
    Sec. 4-101. Definitions. The following definitions are
applicable strictly in the context of this Article:
    (A) Credit Card. "Credit card" has the meaning set forth in
Section 17-0.5 of the Criminal Code of 1961 2.03 of the
Illinois Credit Card and Debit Card Act.
    (B) Financial Institution. "Financial institution" means
any bank, credit union, insurance company, mortgage banking
company or savings and loan association which operates or has a
place of business in this State.
    (C) Loan. "Loan" includes, but is not limited to, the
providing of funds, for consideration, which are sought for:
(1) the purpose of purchasing, constructing, improving,
repairing, or maintaining a housing accommodation as that term
is defined in paragraph (C) of Section 3-101; or (2) any
commercial or industrial purposes.
    (D) Varying Terms. "Varying the terms of a loan" includes,
but is not limited to, the following practices:
        (1) Requiring a greater down payment than is usual for
    the particular type of a loan involved.
        (2) Requiring a shorter period of amortization than is
    usual for the particular type of loan involved.
        (3) Charging a higher interest rate than is usual for
    the particular type of loan involved.
        (4) An under appraisal of real estate or other item of
    property offered as security.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 10-165. The Assumed Business Name Act is amended by
changing Section 4 as follows:
 
    (805 ILCS 405/4)  (from Ch. 96, par. 7)
    Sec. 4. This Act shall in no way affect or apply to any
corporation, limited liability company, limited partnership,
or limited liability partnership duly organized under the laws
of this State, or any corporation, limited liability company,
limited partnership, or limited liability partnership
organized under the laws of any other State and lawfully doing
business in this State, nor shall this Act be deemed or
construed to prevent the lawful use of a partnership name or
designation, provided that such partnership shall include the
true, real name of such person or persons transacting said
business or partnership nor shall it be construed as in any way
affecting subdivision (a)(8) or subsection (c) of Section 17-2
Sections 17-12 and 17-19 of the Criminal Code of 1961. This Act
shall in no way affect or apply to testamentary or other
express trusts where the business is carried on in the name of
the trust and such trust is created by will or other instrument
in writing under which title to the trust property is vested in
a designated trustee or trustees for the use and benefit of the
cestuis que trustent.
(Source: P.A. 96-328, eff. 8-11-09.)
 
    Section 10-170. The Uniform Commercial Code is amended by
changing Section 3-505A as follows:
 
    (810 ILCS 5/3-505A)  (from Ch. 26, par. 3-505A)
    Sec. 3-505A. Provision of credit card number as a condition
of check cashing or acceptance prohibited.
    (1) No person may record the number of a credit card given
as identification or given as proof of creditworthiness when
payment for goods or services is made by check or draft other
than a transaction in which the check or draft is issued in
payment of the credit card designated by the credit card
number.
    (2) This Section shall not prohibit a person from
requesting a purchaser to display a credit card as indication
of creditworthiness and financial responsibility or as
additional identification, but the only information concerning
a credit card which may be recorded is the type of credit card
so displayed and the issuer of the credit card. This Section
shall not require acceptance of a check or draft whether or not
a credit card is presented.
    (3) This Section shall not prohibit a person from
requesting or receiving a credit card number or expiration date
and recording the number or date, or both, in lieu of a deposit
to secure payment in the event of default, loss, damage, or
other occurrence.
    (4) This Section shall not prohibit a person from recording
a credit card number and expiration date as a condition for
cashing or accepting a check or draft if that person, firm,
partnership or association has agreed with the card issuer to
cash or accept checks and share drafts from the issuer's
cardholders and the issuer guarantees cardholder checks and
drafts cashed or accepted by that person.
    (5) Recording a credit card number in connection with a
sale of goods or services in which the purchaser pays by check
or draft, or in connection with the acceptance of a check or
draft, is a business offense with a fine not to exceed $500.
    As used in this Section, credit card has the meaning as
defined in Section 17-0.5 of the Criminal Code of 1961 the
Illinois Credit Card and Debit Card Act.
(Source: P.A. 87-382.)
 
    Section 10-175. The Credit Card Issuance Act is amended by
changing Section 1 as follows:
 
    (815 ILCS 140/1)  (from Ch. 17, par. 6001)
    Sec. 1. As used in this Act: (a) "Credit card" has the
meaning set forth in Section 17-0.5 of the Criminal Code of
1961 2.03 of the Illinois Credit Card and Debit Card Act, but
does not include "debit card" as defined in that Section 2.15
of the Illinois Credit Card and Debit Card Act, which can also
be used to obtain money, goods, services and anything else of
value on credit, nor shall it include any negotiable instrument
as defined in the Uniform Commercial Code, as now or hereafter
amended; (b) "merchant credit card agreement" means a written
agreement between a seller of goods, services or both, and the
issuer of a credit card to any other party, pursuant to which
the seller is obligated to accept credit cards; and (c) "credit
card transaction" means a purchase and sale of goods, services
or both, in which a seller, pursuant to a merchant credit card
agreement, is obligated to accept a credit card and does accept
the credit card in connection with such purchase and sale.
(Source: P.A. 86-427; 86-952.)
 
    Section 10-180. The Credit Card Liability Act is amended by
changing Section 1 as follows:
 
    (815 ILCS 145/1)  (from Ch. 17, par. 6101)
    Sec. 1. (a) No person in whose name a credit card is issued
without his having requested or applied for the card or for the
extension of the credit or establishment of a charge account
which that card evidences is liable to the issuer of the card
for any purchases made or other amounts owing by a use of that
card from which he or a member of his family or household
derive no benefit unless he has indicated his acceptance of the
card by signing or using the card or by permitting or
authorizing use of the card by another. A mere failure to
destroy or return an unsolicited card is not such an
indication. As used in this Act, "credit card" has the meaning
ascribed to it in Section 17-0.5 of the Criminal Code of 1961
2.03 of the Illinois Credit Card and Debit Card Act, except
that it does not include a card issued by any telephone company
that is subject to supervision or regulation by the Illinois
Commerce Commission or other public authority.
    (b) When an action is brought by an issuer against the
person named on the card, the burden of proving the request,
application, authorization, permission, use or benefit as set
forth in Section 1 hereof shall be upon plaintiff if put in
issue by defendant. In the event of judgment for defendant, the
court shall allow defendant a reasonable attorney's fee, to be
taxed as costs.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 10-185. The Interest Act is amended by changing
Section 4.1 as follows:
 
    (815 ILCS 205/4.1)  (from Ch. 17, par. 6405)
    Sec. 4.1. The term "revolving credit" means an arrangement,
including by means of a credit card as defined in Section
17-0.5 of the Criminal Code of 1961 2.03 of the Illinois Credit
Card and Debit Card Act between a lender and debtor pursuant to
which it is contemplated or provided that the lender may from
time to time make loans or advances to or for the account of
the debtor through the means of drafts, items, orders for the
payment of money, evidences of debt or similar written
instruments, whether or not negotiable, signed by the debtor or
by any person authorized or permitted so to do on behalf of the
debtor, which loans or advances are charged to an account in
respect of which account the lender is to render bills or
statements to the debtor at regular intervals (hereinafter
sometimes referred to as the "billing cycle") the amount of
which bills or statements is payable by and due from the debtor
on a specified date stated in such bill or statement or at the
debtor's option, may be payable by the debtor in installments.
A revolving credit arrangement which grants the debtor a line
of credit in excess of $5,000 may include provisions granting
the lender a security interest in real property or in a
beneficial interest in a land trust to secure amounts of credit
extended by the lender. Credit extended or available under a
revolving credit plan operated in accordance with the Illinois
Financial Services Development Act shall be deemed to be
"revolving credit" as defined in this Section 4.1 but shall not
be subject to Sections 4.1a, 4.2 or 4.3 hereof.
    Whenever a lender is granted a security interest in real
property or in a beneficial interest in a land trust, the
lender shall disclose the existence of such interest to the
borrower in compliance with the Federal Truth in Lending Act,
amendments thereto, and any regulations issued or which may be
issued thereunder, and shall agree to pay all expenses,
including recording fees and otherwise, to release any such
security interest of record whenever it no longer secures any
credit under a revolving credit arrangement. A lender shall not
be granted a security interest in any real property or in any
beneficial interest in a land trust under a revolving credit
arrangement, or if any such security interest exists, such
interest shall be released, if a borrower renders payment of
the total outstanding balance due under the revolving credit
arrangement and requests in writing to reduce the line of
credit below that amount for which a security interest in real
property or in a beneficial interest in a land trust may be
required by a lender. Any request by a borrower to release a
security interest under a revolving credit arrangement shall be
granted by the lender provided the borrower renders payment of
the total outstanding balance as required by this Section
before the security interest of record may be released.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 10-190. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2NN as follows:
 
    (815 ILCS 505/2NN)
    Sec. 2NN. Receipts; credit card and debit card account
numbers.
    (a) Definitions. As used in this Section:
    "Cardholder" has the meaning ascribed to it in Section
17-0.5 of the Criminal Code of 1961 2.02 of the Illinois Credit
Card and Debit Card Act.
    "Credit card" has the meaning ascribed to it in Section
17-0.5 of the Criminal Code of 1961 2.03 of the Illinois Credit
Card and Debit Card Act.
    "Debit card" has the meaning ascribed to it in Section
17-0.5 of the Criminal Code of 1961 2.15 of the Illinois Credit
Card and Debit Card Act.
    "Issuer" has the meaning ascribed to it in Section 17-0.5
of the Criminal Code of 1961 2.08 of the Illinois Credit Card
and Debit Card Act.
    "Person" has the meaning ascribed to it in Section 17-0.5
of the Criminal Code of 1961 2.09 of the Illinois Credit Card
and Debit Card Act.
    "Provider" means a person who furnishes money, goods,
services, or anything else of value upon presentation, whether
physically, in writing, verbally, electronically, or
otherwise, of a credit card or debit card by the cardholder, or
any agent or employee of that person.
    (b) Except as otherwise provided in this Section, no
provider may print or otherwise produce or reproduce or permit
the printing or other production or reproduction of the
following: (i) any part of the credit card or debit card
account number, other than the last 4 digits or other
characters, (ii) the credit card or debit card expiration date
on any receipt provided or made available to the cardholder.
    (c) This Section does not apply to a credit card or debit
card transaction in which the sole means available to the
provider of recording the credit card or debit card account
number is by handwriting or by imprint of the card.
    (d) This Section does not apply to receipts issued for
transactions on the electronic benefits transfer card system in
accordance with 7 CFR 274.12(g)(3).
    (e) A violation of this Section constitutes an unlawful
practice within the meaning of this Act.
    (f) This Section is operative on January 1, 2005.
(Source: P.A. 95-331, eff. 8-21-07.)
 
    Section 10-195. The Home Repair Fraud Act is amended by
changing Section 5 as follows:
 
    (815 ILCS 515/5)  (from Ch. 121 1/2, par. 1605)
    Sec. 5. Aggravated Home Repair Fraud. A person commits the
offense of aggravated home repair fraud when he commits home
repair fraud:
        (i) against an elderly a person 60 years of age or
    older or a disabled person with a disability as defined in
    Section 17-56 16-1.3 of the Criminal Code of 1961; or
        (ii) in connection with a home repair project intended
    to assist a disabled person.
    (a) Aggravated violation of paragraphs (1) or (2) of
subsection (a) of Section 3 of this Act shall be a Class 2
felony when the amount of the contract or agreement is more
than $500, a Class 3 felony when the amount of the contract or
agreement is $500 or less, and a Class 2 felony for a second or
subsequent offense when the amount of the contract or agreement
is $500 or less. If 2 or more contracts or agreements for home
repair exceed an aggregate amount of $500 or more and such
contracts or agreements are entered into with the same victim
by one or more of the defendants as part of or in furtherance
of a common fraudulent scheme, design or intention, the
violation shall be a Class 2 felony.
    (b) Aggravated violation of paragraph (3) of subsection (a)
of Section 3 of this Act shall be a Class 2 felony when the
amount of the contract or agreement is more than $5,000 and a
Class 3 felony when the amount of the contract or agreement is
$5,000 or less.
    (c) Aggravated violation of paragraph (4) of subsection (a)
of Section 3 of this Act shall be a Class 3 felony when the
amount of the contract or agreement is more than $500, a Class
4 felony when the amount of the contract or agreement is $500
or less and a Class 3 felony for a second or subsequent offense
when the amount of the contract or agreement is $500 or less.
    (d) Aggravated violation of paragraphs (1) or (2) of
subsection (b) of Section 3 of this Act shall be a Class 3
felony.
    (e) If a person commits aggravated home repair fraud, then
any State or local license or permit held by that person that
relates to the business of home repair may be appropriately
suspended or revoked by the issuing authority, commensurate
with the severity of the offense.
    (f) A defense to aggravated home repair fraud does not
exist merely because the accused reasonably believed the victim
to be a person less than 60 years of age.
(Source: P.A. 96-1026, eff. 7-12-10.)
 
Article 95.

 
    Section 9995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that text
does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
 
Article 99.

 
    Section 9999. Effective date. This Act takes effect July 1,
2011.