101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1749

 

Introduced 2/15/2019, by Sen. Rachelle Crowe

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/11-9.3
720 ILCS 5/12-7.3  from Ch. 38, par. 12-7.3
720 ILCS 5/12-7.4  from Ch. 38, par. 12-7.4
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Criminal Code of 2012. Provides that stalking against a child is a Class 3 felony. Provides that aggravated stalking against a child is a Class 2 felony. Defines "child". Defines "sex offense" for purposes of registration as a child sex offender to include these offenses. Amends the Sex Offender Registration Act. Requires registration under the Act for a person convicted of stalking or aggravated stalking against a child. Makes technical changes.


LRB101 10122 SLF 55225 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1749LRB101 10122 SLF 55225 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 11-9.3, 12-7.3, and 12-7.4 as follows:
 
6    (720 ILCS 5/11-9.3)
7    Sec. 11-9.3. Presence within school zone by child sex
8offenders prohibited; approaching, contacting, residing with,
9or communicating with a child within certain places by child
10sex offenders prohibited.
11    (a) It is unlawful for a child sex offender to knowingly be
12present in any school building, on real property comprising any
13school, or in any conveyance owned, leased, or contracted by a
14school to transport students to or from school or a school
15related activity when persons under the age of 18 are present
16in the building, on the grounds or in the conveyance, unless
17the offender is a parent or guardian of a student attending the
18school and the parent or guardian is: (i) attending a
19conference at the school with school personnel to discuss the
20progress of his or her child academically or socially, (ii)
21participating in child review conferences in which evaluation
22and placement decisions may be made with respect to his or her
23child regarding special education services, or (iii) attending

 

 

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1conferences to discuss other student issues concerning his or
2her child such as retention and promotion and notifies the
3principal of the school of his or her presence at the school or
4unless the offender has permission to be present from the
5superintendent or the school board or in the case of a private
6school from the principal. In the case of a public school, if
7permission is granted, the superintendent or school board
8president must inform the principal of the school where the sex
9offender will be present. Notification includes the nature of
10the sex offender's visit and the hours in which the sex
11offender will be present in the school. The sex offender is
12responsible for notifying the principal's office when he or she
13arrives on school property and when he or she departs from
14school property. If the sex offender is to be present in the
15vicinity of children, the sex offender has the duty to remain
16under the direct supervision of a school official.
17    (a-5) It is unlawful for a child sex offender to knowingly
18be present within 100 feet of a site posted as a pick-up or
19discharge stop for a conveyance owned, leased, or contracted by
20a school to transport students to or from school or a school
21related activity when one or more persons under the age of 18
22are present at the site.
23    (a-10) It is unlawful for a child sex offender to knowingly
24be present in any public park building, a playground or
25recreation area within any publicly accessible privately owned
26building, or on real property comprising any public park when

 

 

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1persons under the age of 18 are present in the building or on
2the grounds and to approach, contact, or communicate with a
3child under 18 years of age, unless the offender is a parent or
4guardian of a person under 18 years of age present in the
5building or on the grounds.
6    (b) It is unlawful for a child sex offender to knowingly
7loiter within 500 feet of a school building or real property
8comprising any school while persons under the age of 18 are
9present in the building or on the grounds, unless the offender
10is a parent or guardian of a student attending the school and
11the parent or guardian is: (i) attending a conference at the
12school with school personnel to discuss the progress of his or
13her child academically or socially, (ii) participating in child
14review conferences in which evaluation and placement decisions
15may be made with respect to his or her child regarding special
16education services, or (iii) attending conferences to discuss
17other student issues concerning his or her child such as
18retention and promotion and notifies the principal of the
19school of his or her presence at the school or has permission
20to be present from the superintendent or the school board or in
21the case of a private school from the principal. In the case of
22a public school, if permission is granted, the superintendent
23or school board president must inform the principal of the
24school where the sex offender will be present. Notification
25includes the nature of the sex offender's visit and the hours
26in which the sex offender will be present in the school. The

 

 

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1sex offender is responsible for notifying the principal's
2office when he or she arrives on school property and when he or
3she departs from school property. If the sex offender is to be
4present in the vicinity of children, the sex offender has the
5duty to remain under the direct supervision of a school
6official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of 18
18attend. Nothing in this subsection (b-5) prohibits a child sex
19offender from residing within 500 feet of a school building or
20the real property comprising any school that persons under 18
21attend if the property is owned by the child sex offender and
22was purchased before July 7, 2000 (the effective date of Public
23Act 91-911).
24    (b-10) It is unlawful for a child sex offender to knowingly
25reside within 500 feet of a playground, child care institution,
26day care center, part day child care facility, day care home,

 

 

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1group day care home, or a facility providing programs or
2services exclusively directed toward persons under 18 years of
3age. Nothing in this subsection (b-10) prohibits a child sex
4offender from residing within 500 feet of a playground or a
5facility providing programs or services exclusively directed
6toward persons under 18 years of age if the property is owned
7by the child sex offender and was purchased before July 7,
82000. Nothing in this subsection (b-10) prohibits a child sex
9offender from residing within 500 feet of a child care
10institution, day care center, or part day child care facility
11if the property is owned by the child sex offender and was
12purchased before June 26, 2006. Nothing in this subsection
13(b-10) prohibits a child sex offender from residing within 500
14feet of a day care home or group day care home if the property
15is owned by the child sex offender and was purchased before
16August 14, 2008 (the effective date of Public Act 95-821).
17    (b-15) It is unlawful for a child sex offender to knowingly
18reside within 500 feet of the victim of the sex offense.
19Nothing in this subsection (b-15) prohibits a child sex
20offender from residing within 500 feet of the victim if the
21property in which the child sex offender resides is owned by
22the child sex offender and was purchased before August 22,
232002.
24    This subsection (b-15) does not apply if the victim of the
25sex offense is 21 years of age or older.
26    (b-20) It is unlawful for a child sex offender to knowingly

 

 

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1communicate, other than for a lawful purpose under Illinois
2law, using the Internet or any other digital media, with a
3person under 18 years of age or with a person whom he or she
4believes to be a person under 18 years of age, unless the
5offender is a parent or guardian of the person under 18 years
6of age.
7    (c) It is unlawful for a child sex offender to knowingly
8operate, manage, be employed by, volunteer at, be associated
9with, or knowingly be present at any: (i) facility providing
10programs or services exclusively directed toward persons under
11the age of 18; (ii) day care center; (iii) part day child care
12facility; (iv) child care institution; (v) school providing
13before and after school programs for children under 18 years of
14age; (vi) day care home; or (vii) group day care home. This
15does not prohibit a child sex offender from owning the real
16property upon which the programs or services are offered or
17upon which the day care center, part day child care facility,
18child care institution, or school providing before and after
19school programs for children under 18 years of age is located,
20provided the child sex offender refrains from being present on
21the premises for the hours during which: (1) the programs or
22services are being offered or (2) the day care center, part day
23child care facility, child care institution, or school
24providing before and after school programs for children under
2518 years of age, day care home, or group day care home is
26operated.

 

 

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1    (c-2) It is unlawful for a child sex offender to
2participate in a holiday event involving children under 18
3years of age, including but not limited to distributing candy
4or other items to children on Halloween, wearing a Santa Claus
5costume on or preceding Christmas, being employed as a
6department store Santa Claus, or wearing an Easter Bunny
7costume on or preceding Easter. For the purposes of this
8subsection, child sex offender has the meaning as defined in
9this Section, but does not include as a sex offense under
10paragraph (2) of subsection (d) of this Section, the offense
11under subsection (c) of Section 11-1.50 of this Code. This
12subsection does not apply to a child sex offender who is a
13parent or guardian of children under 18 years of age that are
14present in the home and other non-familial minors are not
15present.
16    (c-5) It is unlawful for a child sex offender to knowingly
17operate, manage, be employed by, or be associated with any
18county fair when persons under the age of 18 are present.
19    (c-6) It is unlawful for a child sex offender who owns and
20resides at residential real estate to knowingly rent any
21residential unit within the same building in which he or she
22resides to a person who is the parent or guardian of a child or
23children under 18 years of age. This subsection shall apply
24only to leases or other rental arrangements entered into after
25January 1, 2009 (the effective date of Public Act 95-820).
26    (c-7) It is unlawful for a child sex offender to knowingly

 

 

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1offer or provide any programs or services to persons under 18
2years of age in his or her residence or the residence of
3another or in any facility for the purpose of offering or
4providing such programs or services, whether such programs or
5services are offered or provided by contract, agreement,
6arrangement, or on a volunteer basis.
7    (c-8) It is unlawful for a child sex offender to knowingly
8operate, whether authorized to do so or not, any of the
9following vehicles: (1) a vehicle which is specifically
10designed, constructed or modified and equipped to be used for
11the retail sale of food or beverages, including but not limited
12to an ice cream truck; (2) an authorized emergency vehicle; or
13(3) a rescue vehicle.
14    (d) Definitions. In this Section:
15        (1) "Child sex offender" means any person who:
16            (i) has been charged under Illinois law, or any
17        substantially similar federal law or law of another
18        state, with a sex offense set forth in paragraph (2) of
19        this subsection (d) or the attempt to commit an
20        included sex offense, and the victim is a person under
21        18 years of age at the time of the offense; and:
22                (A) is convicted of such offense or an attempt
23            to commit such offense; or
24                (B) is found not guilty by reason of insanity
25            of such offense or an attempt to commit such
26            offense; or

 

 

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1                (C) is found not guilty by reason of insanity
2            pursuant to subsection (c) of Section 104-25 of the
3            Code of Criminal Procedure of 1963 of such offense
4            or an attempt to commit such offense; or
5                (D) is the subject of a finding not resulting
6            in an acquittal at a hearing conducted pursuant to
7            subsection (a) of Section 104-25 of the Code of
8            Criminal Procedure of 1963 for the alleged
9            commission or attempted commission of such
10            offense; or
11                (E) is found not guilty by reason of insanity
12            following a hearing conducted pursuant to a
13            federal law or the law of another state
14            substantially similar to subsection (c) of Section
15            104-25 of the Code of Criminal Procedure of 1963 of
16            such offense or of the attempted commission of such
17            offense; or
18                (F) is the subject of a finding not resulting
19            in an acquittal at a hearing conducted pursuant to
20            a federal law or the law of another state
21            substantially similar to subsection (a) of Section
22            104-25 of the Code of Criminal Procedure of 1963
23            for the alleged violation or attempted commission
24            of such offense; or
25            (ii) is certified as a sexually dangerous person
26        pursuant to the Illinois Sexually Dangerous Persons

 

 

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1        Act, or any substantially similar federal law or the
2        law of another state, when any conduct giving rise to
3        such certification is committed or attempted against a
4        person less than 18 years of age; or
5            (iii) is subject to the provisions of Section 2 of
6        the Interstate Agreements on Sexually Dangerous
7        Persons Act.
8        Convictions that result from or are connected with the
9    same act, or result from offenses committed at the same
10    time, shall be counted for the purpose of this Section as
11    one conviction. Any conviction set aside pursuant to law is
12    not a conviction for purposes of this Section.
13        (2) Except as otherwise provided in paragraph (2.5),
14    "sex offense" means:
15            (i) A violation of any of the following Sections of
16        the Criminal Code of 1961 or the Criminal Code of 2012:
17        10-4 (forcible detention), 10-7 (aiding or abetting
18        child abduction under Section 10-5(b)(10)),
19        10-5(b)(10) (child luring), 11-1.40 (predatory
20        criminal sexual assault of a child), 11-6 (indecent
21        solicitation of a child), 11-6.5 (indecent
22        solicitation of an adult), 11-9.1 (sexual exploitation
23        of a child), 11-9.2 (custodial sexual misconduct),
24        11-9.5 (sexual misconduct with a person with a
25        disability), 11-11 (sexual relations within families),
26        11-14.3(a)(1) (promoting prostitution by advancing

 

 

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1        prostitution), 11-14.3(a)(2)(A) (promoting
2        prostitution by profiting from prostitution by
3        compelling a person to be a prostitute),
4        11-14.3(a)(2)(C) (promoting prostitution by profiting
5        from prostitution by means other than as described in
6        subparagraphs (A) and (B) of paragraph (2) of
7        subsection (a) of Section 11-14.3), 11-14.4 (promoting
8        juvenile prostitution), 11-18.1 (patronizing a
9        juvenile prostitute), 11-20.1 (child pornography),
10        11-20.1B (aggravated child pornography), 11-21
11        (harmful material), 11-25 (grooming), 11-26 (traveling
12        to meet a minor or traveling to meet a child), 12-33
13        (ritualized abuse of a child), 11-20 (obscenity) (when
14        that offense was committed in any school, on real
15        property comprising any school, in any conveyance
16        owned, leased, or contracted by a school to transport
17        students to or from school or a school related
18        activity, or in a public park), 11-30 (public
19        indecency) (when committed in a school, on real
20        property comprising a school, in any conveyance owned,
21        leased, or contracted by a school to transport students
22        to or from school or a school related activity, or in a
23        public park). An attempt to commit any of these
24        offenses.
25            (ii) A violation of any of the following Sections
26        of the Criminal Code of 1961 or the Criminal Code of

 

 

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1        2012, when the victim is a person under 18 years of
2        age: 11-1.20 (criminal sexual assault), 11-1.30
3        (aggravated criminal sexual assault), 11-1.50
4        (criminal sexual abuse), 11-1.60 (aggravated criminal
5        sexual abuse). An attempt to commit any of these
6        offenses.
7            (iii) A violation of any of the following Sections
8        of the Criminal Code of 1961 or the Criminal Code of
9        2012, when the victim is a person under 18 years of age
10        and the defendant is not a parent of the victim:
11            10-1 (kidnapping),
12            10-2 (aggravated kidnapping),
13            10-3 (unlawful restraint),
14            10-3.1 (aggravated unlawful restraint),
15            11-9.1(A) (permitting sexual abuse of a child).
16            An attempt to commit any of these offenses.
17            (iv) A violation of any former law of this State
18        substantially equivalent to any offense listed in
19        clause (2)(i) or (2)(ii) of subsection (d) of this
20        Section.
21            (v) A violation of Section 12-7.3 or 12-7.4 against
22        a child.
23        (2.5) For the purposes of subsections (b-5) and (b-10)
24    only, a sex offense means:
25            (i) A violation of any of the following Sections of
26        the Criminal Code of 1961 or the Criminal Code of 2012:

 

 

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1             10-5(b)(10) (child luring), 10-7 (aiding or
2        abetting child abduction under Section 10-5(b)(10)),
3        11-1.40 (predatory criminal sexual assault of a
4        child), 11-6 (indecent solicitation of a child),
5        11-6.5 (indecent solicitation of an adult), 11-9.2
6        (custodial sexual misconduct), 11-9.5 (sexual
7        misconduct with a person with a disability), 11-11
8        (sexual relations within families), 11-14.3(a)(1)
9        (promoting prostitution by advancing prostitution),
10        11-14.3(a)(2)(A) (promoting prostitution by profiting
11        from prostitution by compelling a person to be a
12        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
13        by profiting from prostitution by means other than as
14        described in subparagraphs (A) and (B) of paragraph (2)
15        of subsection (a) of Section 11-14.3), 11-14.4
16        (promoting juvenile prostitution), 11-18.1
17        (patronizing a juvenile prostitute), 11-20.1 (child
18        pornography), 11-20.1B (aggravated child pornography),
19        11-25 (grooming), 11-26 (traveling to meet a minor or
20        traveling to meet a child), or 12-33 (ritualized abuse
21        of a child). An attempt to commit any of these
22        offenses.
23            (ii) A violation of any of the following Sections
24        of the Criminal Code of 1961 or the Criminal Code of
25        2012, when the victim is a person under 18 years of
26        age: 11-1.20 (criminal sexual assault), 11-1.30

 

 

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1        (aggravated criminal sexual assault), 11-1.60
2        (aggravated criminal sexual abuse), and subsection (a)
3        of Section 11-1.50 (criminal sexual abuse). An attempt
4        to commit any of these offenses.
5            (iii) A violation of any of the following Sections
6        of the Criminal Code of 1961 or the Criminal Code of
7        2012, when the victim is a person under 18 years of age
8        and the defendant is not a parent of the victim:
9            10-1 (kidnapping),
10            10-2 (aggravated kidnapping),
11            10-3 (unlawful restraint),
12            10-3.1 (aggravated unlawful restraint),
13            11-9.1(A) (permitting sexual abuse of a child).
14            An attempt to commit any of these offenses.
15            (iv) A violation of any former law of this State
16        substantially equivalent to any offense listed in this
17        paragraph (2.5) of this subsection.
18        (3) A conviction for an offense of federal law or the
19    law of another state that is substantially equivalent to
20    any offense listed in paragraph (2) of subsection (d) of
21    this Section shall constitute a conviction for the purpose
22    of this Section. A finding or adjudication as a sexually
23    dangerous person under any federal law or law of another
24    state that is substantially equivalent to the Sexually
25    Dangerous Persons Act shall constitute an adjudication for
26    the purposes of this Section.

 

 

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1        (4) "Authorized emergency vehicle", "rescue vehicle",
2    and "vehicle" have the meanings ascribed to them in
3    Sections 1-105, 1-171.8 and 1-217, respectively, of the
4    Illinois Vehicle Code.
5        (5) "Child care institution" has the meaning ascribed
6    to it in Section 2.06 of the Child Care Act of 1969.
7        (6) "Day care center" has the meaning ascribed to it in
8    Section 2.09 of the Child Care Act of 1969.
9        (7) "Day care home" has the meaning ascribed to it in
10    Section 2.18 of the Child Care Act of 1969.
11        (8) "Facility providing programs or services directed
12    towards persons under the age of 18" means any facility
13    providing programs or services exclusively directed
14    towards persons under the age of 18.
15        (9) "Group day care home" has the meaning ascribed to
16    it in Section 2.20 of the Child Care Act of 1969.
17        (10) "Internet" has the meaning set forth in Section
18    16-0.1 of this Code.
19        (11) "Loiter" means:
20            (i) Standing, sitting idly, whether or not the
21        person is in a vehicle, or remaining in or around
22        school or public park property.
23            (ii) Standing, sitting idly, whether or not the
24        person is in a vehicle, or remaining in or around
25        school or public park property, for the purpose of
26        committing or attempting to commit a sex offense.

 

 

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1            (iii) Entering or remaining in a building in or
2        around school property, other than the offender's
3        residence.
4        (12) "Part day child care facility" has the meaning
5    ascribed to it in Section 2.10 of the Child Care Act of
6    1969.
7        (13) "Playground" means a piece of land owned or
8    controlled by a unit of local government that is designated
9    by the unit of local government for use solely or primarily
10    for children's recreation.
11        (14) "Public park" includes a park, forest preserve,
12    bikeway, trail, or conservation area under the
13    jurisdiction of the State or a unit of local government.
14        (15) "School" means a public or private preschool or
15    elementary or secondary school.
16        (16) "School official" means the principal, a teacher,
17    or any other certified employee of the school, the
18    superintendent of schools or a member of the school board.
19    (e) For the purposes of this Section, the 500 feet distance
20shall be measured from: (1) the edge of the property of the
21school building or the real property comprising the school that
22is closest to the edge of the property of the child sex
23offender's residence or where he or she is loitering, and (2)
24the edge of the property comprising the public park building or
25the real property comprising the public park, playground, child
26care institution, day care center, part day child care

 

 

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1facility, or facility providing programs or services
2exclusively directed toward persons under 18 years of age, or a
3victim of the sex offense who is under 21 years of age, to the
4edge of the child sex offender's place of residence or place
5where he or she is loitering.
6    (f) Sentence. A person who violates this Section is guilty
7of a Class 4 felony.
8(Source: P.A. 100-428, eff. 1-1-18.)
 
9    (720 ILCS 5/12-7.3)  (from Ch. 38, par. 12-7.3)
10    Sec. 12-7.3. Stalking.
11    (a) A person commits stalking when he or she knowingly
12engages in a course of conduct directed at a specific person,
13and he or she knows or should know that this course of conduct
14would cause a reasonable person to:
15        (1) fear for his or her safety or the safety of a third
16    person; or
17        (2) suffer other emotional distress.
18    (a-3) A person commits stalking when he or she, knowingly
19and without lawful justification, on at least 2 separate
20occasions follows another person or places the person under
21surveillance or any combination thereof and:
22        (1) at any time transmits a threat of immediate or
23    future bodily harm, sexual assault, confinement or
24    restraint and the threat is directed towards that person or
25    a family member of that person; or

 

 

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1        (2) places that person in reasonable apprehension of
2    immediate or future bodily harm, sexual assault,
3    confinement or restraint to or of that person or a family
4    member of that person.
5    (a-5) A person commits stalking when he or she has
6previously been convicted of stalking another person and
7knowingly and without lawful justification on one occasion:
8        (1) follows that same person or places that same person
9    under surveillance; and
10        (2) transmits a threat of immediate or future bodily
11    harm, sexual assault, confinement or restraint to that
12    person or a family member of that person.
13    (b) Sentence. Stalking is a Class 4 felony; a second or
14subsequent conviction is a Class 3 felony. Stalking against a
15child is a Class 3 felony.
16    (c) Definitions. In For purposes of this Section:
17        "Child" means person under 17 years of age unless the
18    accused is a family member as defined in Section 11-0.1 or
19    in a position trust, authority, or supervision to the
20    victim, then "child" is a person under 18 years of age.
21        (1) "Course of conduct" means 2 or more acts, including
22    but not limited to acts in which a defendant directly,
23    indirectly, or through third parties, by any action,
24    method, device, or means follows, monitors, observes,
25    surveils, threatens, or communicates to or about, a person,
26    engages in other non-consensual contact, or interferes

 

 

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1    with or damages a person's property or pet. A course of
2    conduct may include contact via electronic communications.
3        (2) "Electronic communication" means any transfer of
4    signs, signals, writings, sounds, data, or intelligence of
5    any nature transmitted in whole or in part by a wire,
6    radio, electromagnetic, photoelectric, or photo-optical
7    system. "Electronic communication" includes transmissions
8    by a computer through the Internet to another computer.
9        (3) "Emotional distress" means significant mental
10    suffering, anxiety or alarm.
11        (4) "Family member" means a parent, grandparent,
12    brother, sister, or child, whether by whole blood,
13    half-blood, or adoption and includes a step-grandparent,
14    step-parent, step-brother, step-sister or step-child.
15    "Family member" also means any other person who regularly
16    resides in the household, or who, within the prior 6
17    months, regularly resided in the household.
18        (5) "Follows another person" means (i) to move in
19    relative proximity to a person as that person moves from
20    place to place or (ii) to remain in relative proximity to a
21    person who is stationary or whose movements are confined to
22    a small area. "Follows another person" does not include a
23    following within the residence of the defendant.
24        (6) "Non-consensual contact" means any contact with
25    the victim that is initiated or continued without the
26    victim's consent, including but not limited to being in the

 

 

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1    physical presence of the victim; appearing within the sight
2    of the victim; approaching or confronting the victim in a
3    public place or on private property; appearing at the
4    workplace or residence of the victim; entering onto or
5    remaining on property owned, leased, or occupied by the
6    victim; or placing an object on, or delivering an object
7    to, property owned, leased, or occupied by the victim.
8        (7) "Places a person under surveillance" means: (1)
9    remaining present outside the person's school, place of
10    employment, vehicle, other place occupied by the person, or
11    residence other than the residence of the defendant; or (2)
12    placing an electronic tracking device on the person or the
13    person's property.
14        (8) "Reasonable person" means a person in the victim's
15    situation.
16        (9) "Transmits a threat" means a verbal or written
17    threat or a threat implied by a pattern of conduct or a
18    combination of verbal or written statements or conduct.
19    (d) Exemptions.
20        (1) This Section does not apply to any individual or
21    organization (i) monitoring or attentive to compliance
22    with public or worker safety laws, wage and hour
23    requirements, or other statutory requirements, or (ii)
24    picketing occurring at the workplace that is otherwise
25    lawful and arises out of a bona fide labor dispute,
26    including any controversy concerning wages, salaries,

 

 

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1    hours, working conditions or benefits, including health
2    and welfare, sick leave, insurance, and pension or
3    retirement provisions, the making or maintaining of
4    collective bargaining agreements, and the terms to be
5    included in those agreements.
6        (2) This Section does not apply to an exercise of the
7    right to free speech or assembly that is otherwise lawful.
8        (3) Telecommunications carriers, commercial mobile
9    service providers, and providers of information services,
10    including, but not limited to, Internet service providers
11    and hosting service providers, are not liable under this
12    Section, except for willful and wanton misconduct, by
13    virtue of the transmission, storage, or caching of
14    electronic communications or messages of others or by
15    virtue of the provision of other related
16    telecommunications, commercial mobile services, or
17    information services used by others in violation of this
18    Section.
19    (d-5) The incarceration of a person in a penal institution
20who commits the course of conduct or transmits a threat is not
21a bar to prosecution under this Section.
22    (d-10) A defendant who directed the actions of a third
23party to violate this Section, under the principles of
24accountability set forth in Article 5 of this Code, is guilty
25of violating this Section as if the same had been personally
26done by the defendant, without regard to the mental state of

 

 

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1the third party acting at the direction of the defendant.
2(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
397-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
 
4    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
5    Sec. 12-7.4. Aggravated stalking.
6    (a) A person commits aggravated stalking when he or she
7commits stalking and:
8        (1) causes bodily harm to the victim;
9        (2) confines or restrains the victim; or
10        (3) violates a temporary restraining order, an order of
11    protection, a stalking no contact order, a civil no contact
12    order, or an injunction prohibiting the behavior described
13    in subsection (b)(1) of Section 214 of the Illinois
14    Domestic Violence Act of 1986.
15    (a-1) A person commits aggravated stalking when he or she
16is required to register under the Sex Offender Registration Act
17or has been previously required to register under that Act and
18commits the offense of stalking when the victim of the stalking
19is also the victim of the offense for which the sex offender is
20required to register under the Sex Offender Registration Act or
21a family member of the victim.
22    (b) Sentence. Aggravated stalking is a Class 3 felony; a
23second or subsequent conviction is a Class 2 felony. Aggravated
24stalking against a child is a Class 2 felony. In this
25subsection (b), "child" means person under 17 years of age

 

 

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1unless the accused is a family member as defined in Section
211-0.1 or in a position trust, authority, or supervision to the
3victim, then "child" is a person under 18 years of age.
4    (c) Exemptions.
5        (1) This Section does not apply to any individual or
6    organization (i) monitoring or attentive to compliance
7    with public or worker safety laws, wage and hour
8    requirements, or other statutory requirements, or (ii)
9    picketing occurring at the workplace that is otherwise
10    lawful and arises out of a bona fide labor dispute
11    including any controversy concerning wages, salaries,
12    hours, working conditions or benefits, including health
13    and welfare, sick leave, insurance, and pension or
14    retirement provisions, the managing or maintenance of
15    collective bargaining agreements, and the terms to be
16    included in those agreements.
17        (2) This Section does not apply to an exercise of the
18    right of free speech or assembly that is otherwise lawful.
19        (3) Telecommunications carriers, commercial mobile
20    service providers, and providers of information services,
21    including, but not limited to, Internet service providers
22    and hosting service providers, are not liable under this
23    Section, except for willful and wanton misconduct, by
24    virtue of the transmission, storage, or caching of
25    electronic communications or messages of others or by
26    virtue of the provision of other related

 

 

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1    telecommunications, commercial mobile services, or
2    information services used by others in violation of this
3    Section.
4    (d) A defendant who directed the actions of a third party
5to violate this Section, under the principles of accountability
6set forth in Article 5 of this Code, is guilty of violating
7this Section as if the same had been personally done by the
8defendant, without regard to the mental state of the third
9party acting at the direction of the defendant.
10(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
1197-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.
121-1-13.)
 
13    Section 10. The Sex Offender Registration Act is amended by
14changing Section 2 as follows:
 
15    (730 ILCS 150/2)  (from Ch. 38, par. 222)
16    Sec. 2. Definitions.
17    (A) As used in this Article, "sex offender" means any
18person who is:
19        (1) charged pursuant to Illinois law, or any
20    substantially similar federal, Uniform Code of Military
21    Justice, sister state, or foreign country law, with a sex
22    offense set forth in subsection (B) of this Section or the
23    attempt to commit an included sex offense, and:
24            (a) is convicted of such offense or an attempt to

 

 

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1        commit such offense; or
2            (b) is found not guilty by reason of insanity of
3        such offense or an attempt to commit such offense; or
4            (c) is found not guilty by reason of insanity
5        pursuant to Section 104-25(c) of the Code of Criminal
6        Procedure of 1963 of such offense or an attempt to
7        commit such offense; or
8            (d) is the subject of a finding not resulting in an
9        acquittal at a hearing conducted pursuant to Section
10        104-25(a) of the Code of Criminal Procedure of 1963 for
11        the alleged commission or attempted commission of such
12        offense; or
13            (e) is found not guilty by reason of insanity
14        following a hearing conducted pursuant to a federal,
15        Uniform Code of Military Justice, sister state, or
16        foreign country law substantially similar to Section
17        104-25(c) of the Code of Criminal Procedure of 1963 of
18        such offense or of the attempted commission of such
19        offense; or
20            (f) is the subject of a finding not resulting in an
21        acquittal at a hearing conducted pursuant to a federal,
22        Uniform Code of Military Justice, sister state, or
23        foreign country law substantially similar to Section
24        104-25(a) of the Code of Criminal Procedure of 1963 for
25        the alleged violation or attempted commission of such
26        offense; or

 

 

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1        (2) declared as a sexually dangerous person pursuant to
2    the Illinois Sexually Dangerous Persons Act, or any
3    substantially similar federal, Uniform Code of Military
4    Justice, sister state, or foreign country law; or
5        (3) subject to the provisions of Section 2 of the
6    Interstate Agreements on Sexually Dangerous Persons Act;
7    or
8        (4) found to be a sexually violent person pursuant to
9    the Sexually Violent Persons Commitment Act or any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law; or
12        (5) adjudicated a juvenile delinquent as the result of
13    committing or attempting to commit an act which, if
14    committed by an adult, would constitute any of the offenses
15    specified in item (B), (C), or (C-5) of this Section or a
16    violation of any substantially similar federal, Uniform
17    Code of Military Justice, sister state, or foreign country
18    law, or found guilty under Article V of the Juvenile Court
19    Act of 1987 of committing or attempting to commit an act
20    which, if committed by an adult, would constitute any of
21    the offenses specified in item (B), (C), or (C-5) of this
22    Section or a violation of any substantially similar
23    federal, Uniform Code of Military Justice, sister state, or
24    foreign country law.
25    Convictions that result from or are connected with the same
26act, or result from offenses committed at the same time, shall

 

 

SB1749- 27 -LRB101 10122 SLF 55225 b

1be counted for the purpose of this Article as one conviction.
2Any conviction set aside pursuant to law is not a conviction
3for purposes of this Article.
4     For purposes of this Section, "convicted" shall have the
5same meaning as "adjudicated".
6    (B) As used in this Article, "sex offense" means:
7        (1) A violation of any of the following Sections of the
8    Criminal Code of 1961 or the Criminal Code of 2012:
9            11-20.1 (child pornography),
10            11-20.1B or 11-20.3 (aggravated child
11        pornography),
12            11-6 (indecent solicitation of a child),
13            11-9.1 (sexual exploitation of a child),
14            11-9.2 (custodial sexual misconduct),
15            11-9.5 (sexual misconduct with a person with a
16        disability),
17            11-14.4 (promoting juvenile prostitution),
18            11-15.1 (soliciting for a juvenile prostitute),
19            11-18.1 (patronizing a juvenile prostitute),
20            11-17.1 (keeping a place of juvenile
21        prostitution),
22            11-19.1 (juvenile pimping),
23            11-19.2 (exploitation of a child),
24            11-25 (grooming),
25            11-26 (traveling to meet a minor or traveling to
26        meet a child),

 

 

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1            11-1.20 or 12-13 (criminal sexual assault),
2            11-1.30 or 12-14 (aggravated criminal sexual
3        assault),
4            11-1.40 or 12-14.1 (predatory criminal sexual
5        assault of a child),
6            11-1.50 or 12-15 (criminal sexual abuse),
7            11-1.60 or 12-16 (aggravated criminal sexual
8        abuse),
9            12-33 (ritualized abuse of a child).
10            An attempt to commit any of these offenses.
11        (1.3) A violation of Section 12-7.3 or 12-7.4 of the
12    Criminal Code of 2012 against a child.
13        (1.5) A violation of any of the following Sections of
14    the Criminal Code of 1961 or the Criminal Code of 2012,
15    when the victim is a person under 18 years of age, the
16    defendant is not a parent of the victim, the offense was
17    sexually motivated as defined in Section 10 of the Sex
18    Offender Evaluation and Treatment Act, and the offense was
19    committed on or after January 1, 1996:
20            10-1 (kidnapping),
21            10-2 (aggravated kidnapping),
22            10-3 (unlawful restraint),
23            10-3.1 (aggravated unlawful restraint).
24        If the offense was committed before January 1, 1996, it
25    is a sex offense requiring registration only when the
26    person is convicted of any felony after July 1, 2011, and

 

 

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1    paragraph (2.1) of subsection (c) of Section 3 of this Act
2    applies.
3        (1.6) First degree murder under Section 9-1 of the
4    Criminal Code of 1961 or the Criminal Code of 2012,
5    provided the offense was sexually motivated as defined in
6    Section 10 of the Sex Offender Management Board Act.
7        (1.7) (Blank).
8        (1.8) A violation or attempted violation of Section
9    11-11 (sexual relations within families) of the Criminal
10    Code of 1961 or the Criminal Code of 2012, and the offense
11    was committed on or after June 1, 1997. If the offense was
12    committed before June 1, 1997, it is a sex offense
13    requiring registration only when the person is convicted of
14    any felony after July 1, 2011, and paragraph (2.1) of
15    subsection (c) of Section 3 of this Act applies.
16        (1.9) Child abduction under paragraph (10) of
17    subsection (b) of Section 10-5 of the Criminal Code of 1961
18    or the Criminal Code of 2012 committed by luring or
19    attempting to lure a child under the age of 16 into a motor
20    vehicle, building, house trailer, or dwelling place
21    without the consent of the parent or lawful custodian of
22    the child for other than a lawful purpose and the offense
23    was committed on or after January 1, 1998, provided the
24    offense was sexually motivated as defined in Section 10 of
25    the Sex Offender Management Board Act. If the offense was
26    committed before January 1, 1998, it is a sex offense

 

 

SB1749- 30 -LRB101 10122 SLF 55225 b

1    requiring registration only when the person is convicted of
2    any felony after July 1, 2011, and paragraph (2.1) of
3    subsection (c) of Section 3 of this Act applies.
4        (1.10) A violation or attempted violation of any of the
5    following Sections of the Criminal Code of 1961 or the
6    Criminal Code of 2012 when the offense was committed on or
7    after July 1, 1999:
8            10-4 (forcible detention, if the victim is under 18
9        years of age), provided the offense was sexually
10        motivated as defined in Section 10 of the Sex Offender
11        Management Board Act,
12            11-6.5 (indecent solicitation of an adult),
13            11-14.3 that involves soliciting for a prostitute,
14        or 11-15 (soliciting for a prostitute, if the victim is
15        under 18 years of age),
16            subdivision (a)(2)(A) or (a)(2)(B) of Section
17        11-14.3, or Section 11-16 (pandering, if the victim is
18        under 18 years of age),
19            11-18 (patronizing a prostitute, if the victim is
20        under 18 years of age),
21            subdivision (a)(2)(C) of Section 11-14.3, or
22        Section 11-19 (pimping, if the victim is under 18 years
23        of age).
24        If the offense was committed before July 1, 1999, it is
25    a sex offense requiring registration only when the person
26    is convicted of any felony after July 1, 2011, and

 

 

SB1749- 31 -LRB101 10122 SLF 55225 b

1    paragraph (2.1) of subsection (c) of Section 3 of this Act
2    applies.
3        (1.11) A violation or attempted violation of any of the
4    following Sections of the Criminal Code of 1961 or the
5    Criminal Code of 2012 when the offense was committed on or
6    after August 22, 2002:
7            11-9 or 11-30 (public indecency for a third or
8        subsequent conviction).
9        If the third or subsequent conviction was imposed
10    before August 22, 2002, it is a sex offense requiring
11    registration only when the person is convicted of any
12    felony after July 1, 2011, and paragraph (2.1) of
13    subsection (c) of Section 3 of this Act applies.
14        (1.12) A violation or attempted violation of Section
15    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
16    Criminal Code of 1961 or the Criminal Code of 2012
17    (permitting sexual abuse) when the offense was committed on
18    or after August 22, 2002. If the offense was committed
19    before August 22, 2002, it is a sex offense requiring
20    registration only when the person is convicted of any
21    felony after July 1, 2011, and paragraph (2.1) of
22    subsection (c) of Section 3 of this Act applies.
23        (2) A violation of any former law of this State
24    substantially equivalent to any offense listed in
25    subsection (B) of this Section.
26    (C) A conviction for an offense of federal law, Uniform

 

 

SB1749- 32 -LRB101 10122 SLF 55225 b

1Code of Military Justice, or the law of another state or a
2foreign country that is substantially equivalent to any offense
3listed in subsections (B), (C), (E), and (E-5) of this Section
4shall constitute a conviction for the purpose of this Article.
5A finding or adjudication as a sexually dangerous person or a
6sexually violent person under any federal law, Uniform Code of
7Military Justice, or the law of another state or foreign
8country that is substantially equivalent to the Sexually
9Dangerous Persons Act or the Sexually Violent Persons
10Commitment Act shall constitute an adjudication for the
11purposes of this Article.
12    (C-5) A person at least 17 years of age at the time of the
13commission of the offense who is convicted of first degree
14murder under Section 9-1 of the Criminal Code of 1961 or the
15Criminal Code of 2012, against a person under 18 years of age,
16shall be required to register for natural life. A conviction
17for an offense of federal, Uniform Code of Military Justice,
18sister state, or foreign country law that is substantially
19equivalent to any offense listed in subsection (C-5) of this
20Section shall constitute a conviction for the purpose of this
21Article. This subsection (C-5) applies to a person who
22committed the offense before June 1, 1996 if: (i) the person is
23incarcerated in an Illinois Department of Corrections facility
24on August 20, 2004 (the effective date of Public Act 93-977),
25or (ii) subparagraph (i) does not apply and the person is
26convicted of any felony after July 1, 2011, and paragraph (2.1)

 

 

SB1749- 33 -LRB101 10122 SLF 55225 b

1of subsection (c) of Section 3 of this Act applies.
2    (C-6) A person who is convicted or adjudicated delinquent
3of first degree murder as defined in Section 9-1 of the
4Criminal Code of 1961 or the Criminal Code of 2012, against a
5person 18 years of age or over, shall be required to register
6for his or her natural life. A conviction for an offense of
7federal, Uniform Code of Military Justice, sister state, or
8foreign country law that is substantially equivalent to any
9offense listed in subsection (C-6) of this Section shall
10constitute a conviction for the purpose of this Article. This
11subsection (C-6) does not apply to those individuals released
12from incarceration more than 10 years prior to January 1, 2012
13(the effective date of Public Act 97-154).
14    (D) As used in this Article, "law enforcement agency having
15jurisdiction" means the Chief of Police in each of the
16municipalities in which the sex offender expects to reside,
17work, or attend school (1) upon his or her discharge, parole or
18release or (2) during the service of his or her sentence of
19probation or conditional discharge, or the Sheriff of the
20county, in the event no Police Chief exists or if the offender
21intends to reside, work, or attend school in an unincorporated
22area. "Law enforcement agency having jurisdiction" includes
23the location where out-of-state students attend school and
24where out-of-state employees are employed or are otherwise
25required to register.
26    (D-1) As used in this Article, "supervising officer" means

 

 

SB1749- 34 -LRB101 10122 SLF 55225 b

1the assigned Illinois Department of Corrections parole agent or
2county probation officer.
3    (E) As used in this Article, "sexual predator" means any
4person who, after July 1, 1999, is:
5        (1) Convicted for an offense of federal, Uniform Code
6    of Military Justice, sister state, or foreign country law
7    that is substantially equivalent to any offense listed in
8    subsection (E) or (E-5) of this Section shall constitute a
9    conviction for the purpose of this Article. Convicted of a
10    violation or attempted violation of any of the following
11    Sections of the Criminal Code of 1961 or the Criminal Code
12    of 2012:
13            10-5.1 (luring of a minor),
14            11-14.4 that involves keeping a place of juvenile
15        prostitution, or 11-17.1 (keeping a place of juvenile
16        prostitution),
17            subdivision (a)(2) or (a)(3) of Section 11-14.4,
18        or Section 11-19.1 (juvenile pimping),
19            subdivision (a)(4) of Section 11-14.4, or Section
20        11-19.2 (exploitation of a child),
21            11-20.1 (child pornography),
22            11-20.1B or 11-20.3 (aggravated child
23        pornography),
24            11-1.20 or 12-13 (criminal sexual assault),
25            11-1.30 or 12-14 (aggravated criminal sexual
26        assault),

 

 

SB1749- 35 -LRB101 10122 SLF 55225 b

1            11-1.40 or 12-14.1 (predatory criminal sexual
2        assault of a child),
3            11-1.60 or 12-16 (aggravated criminal sexual
4        abuse),
5            12-33 (ritualized abuse of a child);
6        (2) (blank);
7        (3) declared as a sexually dangerous person pursuant to
8    the Sexually Dangerous Persons Act or any substantially
9    similar federal, Uniform Code of Military Justice, sister
10    state, or foreign country law;
11        (4) found to be a sexually violent person pursuant to
12    the Sexually Violent Persons Commitment Act or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law;
15        (5) convicted of a second or subsequent offense which
16    requires registration pursuant to this Act. For purposes of
17    this paragraph (5), "convicted" shall include a conviction
18    under any substantially similar Illinois, federal, Uniform
19    Code of Military Justice, sister state, or foreign country
20    law;
21        (6) (blank); or
22        (7) if the person was convicted of an offense set forth
23    in this subsection (E) on or before July 1, 1999, the
24    person is a sexual predator for whom registration is
25    required only when the person is convicted of a felony
26    offense after July 1, 2011, and paragraph (2.1) of

 

 

SB1749- 36 -LRB101 10122 SLF 55225 b

1    subsection (c) of Section 3 of this Act applies.
2    (E-5) As used in this Article, "sexual predator" also means
3a person convicted of a violation or attempted violation of any
4of the following Sections of the Criminal Code of 1961 or the
5Criminal Code of 2012:
6        (1) Section 9-1 (first degree murder, when the victim
7    was a person under 18 years of age and the defendant was at
8    least 17 years of age at the time of the commission of the
9    offense, provided the offense was sexually motivated as
10    defined in Section 10 of the Sex Offender Management Board
11    Act);
12        (2) Section 11-9.5 (sexual misconduct with a person
13    with a disability);
14        (3) when the victim is a person under 18 years of age,
15    the defendant is not a parent of the victim, the offense
16    was sexually motivated as defined in Section 10 of the Sex
17    Offender Management Board Act, and the offense was
18    committed on or after January 1, 1996: (A) Section 10-1
19    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
20    (C) Section 10-3 (unlawful restraint), and (D) Section
21    10-3.1 (aggravated unlawful restraint); and
22        (4) Section 10-5(b)(10) (child abduction committed by
23    luring or attempting to lure a child under the age of 16
24    into a motor vehicle, building, house trailer, or dwelling
25    place without the consent of the parent or lawful custodian
26    of the child for other than a lawful purpose and the

 

 

SB1749- 37 -LRB101 10122 SLF 55225 b

1    offense was committed on or after January 1, 1998, provided
2    the offense was sexually motivated as defined in Section 10
3    of the Sex Offender Management Board Act).
4    (E-10) As used in this Article, "sexual predator" also
5means a person required to register in another State due to a
6conviction, adjudication or other action of any court
7triggering an obligation to register as a sex offender, sexual
8predator, or substantially similar status under the laws of
9that State.
10    (F) As used in this Article, "out-of-state student" means
11any sex offender, as defined in this Section, or sexual
12predator who is enrolled in Illinois, on a full-time or
13part-time basis, in any public or private educational
14institution, including, but not limited to, any secondary
15school, trade or professional institution, or institution of
16higher learning.
17    (G) As used in this Article, "out-of-state employee" means
18any sex offender, as defined in this Section, or sexual
19predator who works in Illinois, regardless of whether the
20individual receives payment for services performed, for a
21period of time of 10 or more days or for an aggregate period of
22time of 30 or more days during any calendar year. Persons who
23operate motor vehicles in the State accrue one day of
24employment time for any portion of a day spent in Illinois.
25    (H) As used in this Article, "school" means any public or
26private educational institution, including, but not limited

 

 

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1to, any elementary or secondary school, trade or professional
2institution, or institution of higher education.
3    (I) As used in this Article, "fixed residence" means any
4and all places that a sex offender resides for an aggregate
5period of time of 5 or more days in a calendar year.
6    (J) As used in this Article, "Internet protocol address"
7means the string of numbers by which a location on the Internet
8is identified by routers or other computers connected to the
9Internet.
10(Source: P.A. 100-428, eff. 1-1-18.)