Rep. Lindsey LaPointe

Filed: 3/1/2022

 

 


 

 


 
10200HB5490ham001LRB102 25922 RLC 36873 a

1
AMENDMENT TO HOUSE BILL 5490

2    AMENDMENT NO. ______. Amend House Bill 5490 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Sex Offender Management Board Act is
5amended by changing Section 10 as follows:
 
6    (20 ILCS 4026/10)
7    Sec. 10. Definitions. In this Act, unless the context
8otherwise requires:
9    (a) "Board" means the Sex Offender Management Board
10created in Section 15.
11    (b) "Sex offender" means any person who is convicted or
12found delinquent in the State of Illinois, or under any
13substantially similar federal law or law of another state, of
14any sex offense or attempt of a sex offense as defined in
15subsection (c) of this Section, or any former statute of this
16State that defined a felony sex offense, or who has been

 

 

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1declared as a sexually dangerous person under the Sexually
2Dangerous Persons Act or declared a sexually violent person
3under the Sexually Violent Persons Commitment Act, or any
4substantially similar federal law or law of another state.
5    (c) "Sex offense" means any felony or misdemeanor offense
6described in this subsection (c) as follows:
7        (1) indecent solicitation of a child, in violation of
8    Section 11-6 of the Criminal Code of 1961 or the Criminal
9    Code of 2012;
10        (2) indecent solicitation of an adult, in violation of
11    Section 11-6.5 of the Criminal Code of 1961 or the
12    Criminal Code of 2012;
13        (3) public indecency, in violation of Section 11-9 or
14    11-30 of the Criminal Code of 1961 or the Criminal Code of
15    2012;
16        (4) sexual exploitation of a child, in violation of
17    Section 11-9.1 of the Criminal Code of 1961 or the
18    Criminal Code of 2012;
19        (5) sexual relations within families, in violation of
20    Section 11-11 of the Criminal Code of 1961 or the Criminal
21    Code of 2012;
22        (6) promoting juvenile prostitution or soliciting for
23    a juvenile prostitute, in violation of Section 11-14.4 or
24    11-15.1 of the Criminal Code of 1961 or the Criminal Code
25    of 2012;
26        (7) promoting juvenile prostitution or keeping a place

 

 

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1    of juvenile prostitution, in violation of Section 11-14.4
2    or 11-17.1 of the Criminal Code of 1961 or the Criminal
3    Code of 2012;
4        (8) patronizing a juvenile prostitute, in violation of
5    Section 11-18.1 of the Criminal Code of 1961 or the
6    Criminal Code of 2012;
7        (9) promoting juvenile prostitution or juvenile
8    pimping, in violation of Section 11-14.4 or 11-19.1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012;
10        (10) promoting juvenile prostitution or exploitation
11    of a child, in violation of Section 11-14.4 or 11-19.2 of
12    the Criminal Code of 1961 or the Criminal Code of 2012;
13        (11) child sexual abuse material pornography, in
14    violation of Section 11-20.1 of the Criminal Code of 1961
15    or the Criminal Code of 2012;
16        (11.5) aggravated child sexual abuse material
17    pornography, in violation of Section 11-20.1B or 11-20.3
18    of the Criminal Code of 1961;
19        (12) harmful material, in violation of Section 11-21
20    of the Criminal Code of 1961 or the Criminal Code of 2012;
21        (13) criminal sexual assault, in violation of Section
22    11-1.20 or 12-13 of the Criminal Code of 1961 or the
23    Criminal Code of 2012;
24        (13.5) grooming, in violation of Section 11-25 of the
25    Criminal Code of 1961 or the Criminal Code of 2012;
26        (14) aggravated criminal sexual assault, in violation

 

 

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1    of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
2    the Criminal Code of 2012;
3        (14.5) traveling to meet a minor or traveling to meet
4    a child, in violation of Section 11-26 of the Criminal
5    Code of 1961 or the Criminal Code of 2012;
6        (15) predatory criminal sexual assault of a child, in
7    violation of Section 11-1.40 or 12-14.1 of the Criminal
8    Code of 1961 or the Criminal Code of 2012;
9        (16) criminal sexual abuse, in violation of Section
10    11-1.50 or 12-15 of the Criminal Code of 1961 or the
11    Criminal Code of 2012;
12        (17) aggravated criminal sexual abuse, in violation of
13    Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
14    the Criminal Code of 2012;
15        (18) ritualized abuse of a child, in violation of
16    Section 12-33 of the Criminal Code of 1961 or the Criminal
17    Code of 2012;
18        (19) an attempt to commit any of the offenses
19    enumerated in this subsection (c); or
20        (20) any felony offense under Illinois law that is
21    sexually motivated.
22    (d) "Management" means treatment, and supervision of any
23sex offender that conforms to the standards created by the
24Board under Section 15.
25    (e) "Sexually motivated" means one or more of the facts of
26the underlying offense indicates conduct that is of a sexual

 

 

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1nature or that shows an intent to engage in behavior of a
2sexual nature.
3    (f) "Sex offender evaluator" means a person licensed under
4the Sex Offender Evaluation and Treatment Provider Act to
5conduct sex offender evaluations.
6    (g) "Sex offender treatment provider" means a person
7licensed under the Sex Offender Evaluation and Treatment
8Provider Act to provide sex offender treatment services.
9    (h) "Associate sex offender provider" means a person
10licensed under the Sex Offender Evaluation and Treatment
11Provider Act to provide sex offender evaluations and to
12provide sex offender treatment under the supervision of a
13licensed sex offender evaluator or a licensed sex offender
14treatment provider.
15(Source: P.A. 100-428, eff. 1-1-18.)
 
16    Section 10. The Medical School Matriculant Criminal
17History Records Check Act is amended by changing Section 5 as
18follows:
 
19    (110 ILCS 57/5)
20    Sec. 5. Definitions.
21    "Matriculant" means an individual who is conditionally
22admitted as a student to a medical school located in Illinois,
23pending the medical school's consideration of his or her
24criminal history records check under this Act.

 

 

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1    "Sex offender" means any person who is convicted pursuant
2to Illinois law or any substantially similar federal, Uniform
3Code of Military Justice, sister state, or foreign country law
4with any of the following sex offenses set forth in the
5Criminal Code of 1961 or the Criminal Code of 2012:
6        (1) Indecent solicitation of a child.
7        (2) Sexual exploitation of a child.
8        (3) Custodial sexual misconduct.
9        (4) Exploitation of a child.
10        (5) Child sexual abuse material pornography.
11        (6) Aggravated child sexual abuse material
12    pornography.
13    "Violent felony" means any of the following offenses, as
14defined by the Criminal Code of 1961 or the Criminal Code of
152012:
16        (1) First degree murder.
17        (2) Second degree murder.
18        (3) Predatory criminal sexual assault of a child.
19        (4) Aggravated criminal sexual assault.
20        (5) Criminal sexual assault.
21        (6) Aggravated arson.
22        (7) Aggravated kidnapping.
23        (8) Kidnapping.
24        (9) Aggravated battery resulting in great bodily harm
25    or permanent disability or disfigurement.
26(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 

 

 

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1    Section 15. The Child Care Act of 1969 is amended by
2changing Section 3.3 as follows:
 
3    (225 ILCS 10/3.3)
4    Sec. 3.3. Requirements for criminal background checks for
5adoption-only homes. In approving an adoption-only home
6pursuant to Section 3.2 of this Act, if an adult resident has
7an arrest or conviction record, the licensed child welfare
8agency:
9        (1) shall thoroughly investigate and evaluate the
10    criminal history of the resident and, in so doing, include
11    an assessment of the applicant's character and, in the
12    case of the prospective adoptive parent, the impact that
13    the criminal history has on his or her ability to parent
14    the child; the investigation should consider the type of
15    crime, the number of crimes, the nature of the offense,
16    the age at time of crime, the length of time that has
17    elapsed since the last conviction, the relationship of the
18    crime to the ability to care for children, and any
19    evidence of rehabilitation;
20        (2) shall not approve the home if the record reveals a
21    felony conviction for crimes against a child, including,
22    but not limited to, child abuse or neglect, child sexual
23    abuse material pornography, rape, sexual assault, or
24    homicide;

 

 

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1        (3) shall not approve the home if the record reveals a
2    felony conviction within the last 5 years, including, but
3    not limited to, for physical assault, battery,
4    drug-related offenses, or spousal abuse; and
5        (4) shall not approve the home if the record reveals a
6    felony conviction for homicide, rape, or sexual assault.
7(Source: P.A. 99-833, eff. 1-1-17.)
 
8    Section 20. The Abused and Neglected Child Reporting Act
9is amended by changing Sections 4.5 and 11.1 as follows:
 
10    (325 ILCS 5/4.5)
11    Sec. 4.5. Electronic and information technology workers;
12reporting child sexual abuse material pornography.
13    (a) In this Section:
14    "Child sexual abuse material pornography" means child
15sexual abuse material pornography as described in Section
1611-20.1 of the Criminal Code of 2012.
17    "Electronic and information technology equipment" means
18equipment used in the creation, manipulation, storage,
19display, or transmission of data, including internet and
20intranet systems, software applications, operating systems,
21video and multimedia, telecommunications products, kiosks,
22information transaction machines, copiers, printers, and
23desktop and portable computers.
24    "Electronic and information technology equipment worker"

 

 

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1means a person who in the scope and course of his or her
2employment or business installs, repairs, or otherwise
3services electronic and information technology equipment for a
4fee but does not include (i) an employee, independent
5contractor, or other agent of a telecommunications carrier or
6telephone or telecommunications cooperative, as those terms
7are defined in the Public Utilities Act, or (ii) an employee,
8independent contractor, or other agent of a provider of
9commercial mobile radio service, as defined in 47 C.F.R. 20.3.
10    (b) If an electronic and information technology equipment
11worker discovers any depiction of child sexual abuse material
12pornography while installing, repairing, or otherwise
13servicing an item of electronic and information technology
14equipment, that worker or the worker's employer shall
15immediately report the discovery to the local law enforcement
16agency or to the Cyber Tipline at the National Center for
17Missing & Exploited Children.
18    (c) If a report is filed in accordance with the
19requirements of 42 U.S.C. 13032, the requirements of this
20Section 4.5 will be deemed to have been met.
21    (d) An electronic and information technology equipment
22worker or electronic and information technology equipment
23worker's employer who reports a discovery of child sexual
24abuse material pornography as required under this Section is
25immune from any criminal, civil, or administrative liability
26in connection with making the report, except for willful or

 

 

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1wanton misconduct.
2    (e) Failure to report a discovery of child sexual abuse
3material pornography as required under this Section is a
4business offense subject to a fine of $1,001.
5(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
6    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
7    Sec. 11.1. Access to records.
8    (a) A person shall have access to the records described in
9Section 11 only in furtherance of purposes directly connected
10with the administration of this Act or the Intergovernmental
11Missing Child Recovery Act of 1984. Those persons and purposes
12for access include:
13        (1) Department staff in the furtherance of their
14    responsibilities under this Act, or for the purpose of
15    completing background investigations on persons or
16    agencies licensed by the Department or with whom the
17    Department contracts for the provision of child welfare
18    services.
19        (2) A law enforcement agency investigating known or
20    suspected child abuse or neglect, known or suspected
21    involvement with child sexual abuse material pornography,
22    known or suspected criminal sexual assault, known or
23    suspected criminal sexual abuse, or any other sexual
24    offense when a child is alleged to be involved.
25        (3) The Illinois State Police when administering the

 

 

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1    provisions of the Intergovernmental Missing Child Recovery
2    Act of 1984.
3        (4) A physician who has before him a child whom he
4    reasonably suspects may be abused or neglected.
5        (5) A person authorized under Section 5 of this Act to
6    place a child in temporary protective custody when such
7    person requires the information in the report or record to
8    determine whether to place the child in temporary
9    protective custody.
10        (6) A person having the legal responsibility or
11    authorization to care for, treat, or supervise a child, or
12    a parent, prospective adoptive parent, foster parent,
13    guardian, or other person responsible for the child's
14    welfare, who is the subject of a report.
15        (7) Except in regard to harmful or detrimental
16    information as provided in Section 7.19, any subject of
17    the report, and if the subject of the report is a minor,
18    his guardian or guardian ad litem.
19        (8) A court, upon its finding that access to such
20    records may be necessary for the determination of an issue
21    before such court; however, such access shall be limited
22    to in camera inspection, unless the court determines that
23    public disclosure of the information contained therein is
24    necessary for the resolution of an issue then pending
25    before it.
26        (8.1) A probation officer or other authorized

 

 

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1    representative of a probation or court services department
2    conducting an investigation ordered by a court under the
3    Juvenile Court Act of 1987.
4        (9) A grand jury, upon its determination that access
5    to such records is necessary in the conduct of its
6    official business.
7        (10) Any person authorized by the Director, in
8    writing, for audit or bona fide research purposes.
9        (11) Law enforcement agencies, coroners or medical
10    examiners, physicians, courts, school superintendents and
11    child welfare agencies in other states who are responsible
12    for child abuse or neglect investigations or background
13    investigations.
14        (12) The Department of Professional Regulation, the
15    State Board of Education and school superintendents in
16    Illinois, who may use or disclose information from the
17    records as they deem necessary to conduct investigations
18    or take disciplinary action, as provided by law.
19        (13) A coroner or medical examiner who has reason to
20    believe that a child has died as the result of abuse or
21    neglect.
22        (14) The Director of a State-operated facility when an
23    employee of that facility is the perpetrator in an
24    indicated report.
25        (15) The operator of a licensed child care facility or
26    a facility licensed by the Department of Human Services

 

 

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1    (as successor to the Department of Alcoholism and
2    Substance Abuse) in which children reside when a current
3    or prospective employee of that facility is the
4    perpetrator in an indicated child abuse or neglect report,
5    pursuant to Section 4.3 of the Child Care Act of 1969.
6        (16) Members of a multidisciplinary team in the
7    furtherance of its responsibilities under subsection (b)
8    of Section 7.1. All reports concerning child abuse and
9    neglect made available to members of such
10    multidisciplinary teams and all records generated as a
11    result of such reports shall be confidential and shall not
12    be disclosed, except as specifically authorized by this
13    Act or other applicable law. It is a Class A misdemeanor to
14    permit, assist or encourage the unauthorized release of
15    any information contained in such reports or records.
16    Nothing contained in this Section prevents the sharing of
17    reports or records relating or pertaining to the death of
18    a minor under the care of or receiving services from the
19    Department of Children and Family Services and under the
20    jurisdiction of the juvenile court with the juvenile
21    court, the State's Attorney, and the minor's attorney.
22        (17) The Department of Human Services, as provided in
23    Section 17 of the Rehabilitation of Persons with
24    Disabilities Act.
25        (18) Any other agency or investigative body, including
26    the Department of Public Health and a local board of

 

 

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1    health, authorized by State law to conduct an
2    investigation into the quality of care provided to
3    children in hospitals and other State regulated care
4    facilities.
5        (19) The person appointed, under Section 2-17 of the
6    Juvenile Court Act of 1987, as the guardian ad litem of a
7    minor who is the subject of a report or records under this
8    Act; or the person appointed, under Section 5-610 of the
9    Juvenile Court Act of 1987, as the guardian ad litem of a
10    minor who is in the custody or guardianship of the
11    Department or who has an open intact family services case
12    with the Department and who is the subject of a report or
13    records made pursuant to this Act.
14        (20) The Department of Human Services, as provided in
15    Section 10 of the Early Intervention Services System Act,
16    and the operator of a facility providing early
17    intervention services pursuant to that Act, for the
18    purpose of determining whether a current or prospective
19    employee who provides or may provide direct services under
20    that Act is the perpetrator in an indicated report of
21    child abuse or neglect filed under this Act.
22    (b) Nothing contained in this Act prevents the sharing or
23disclosure of information or records relating or pertaining to
24juveniles subject to the provisions of the Serious Habitual
25Offender Comprehensive Action Program when that information is
26used to assist in the early identification and treatment of

 

 

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1habitual juvenile offenders.
2    (c) To the extent that persons or agencies are given
3access to information pursuant to this Section, those persons
4or agencies may give this information to and receive this
5information from each other in order to facilitate an
6investigation conducted by those persons or agencies.
7(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
8    Section 25. The Abused and Neglected Child Reporting Act
9is amended by changing Section 3 as follows:
 
10    (325 ILCS 15/3)  (from Ch. 23, par. 2083)
11    Sec. 3. The functions and goals of the programs to be
12developed and provided by the Department of Children and
13Family Services shall include:
14    (a) Provision of counseling, treatment, rehabilitation and
15assistance to sexually abused and exploited children and their
16families, particularly to victims of predatory criminal sexual
17assault of a child, aggravated criminal sexual assault,
18criminal sexual assault, aggravated criminal sexual abuse and
19criminal sexual abuse and child sexual abuse material
20pornography, and provision of training and education and
21professional counseling to other persons responsible for the
22child's welfare, personnel of the Department responsible for
23the licensure of facilities under the Child Care Act of 1969,
24and persons required to file reports and conduct

 

 

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1investigations of such reports under the Abused and Neglected
2Child Reporting Act;
3    (b) Hastening the process of reconstituting the family and
4the marriage, where such would be in the interest of the child;
5    (c) Marshaling and coordinating the services of all
6agencies responsible for the detection of a sexually abused
7and exploited child and for serving such a child, the child's
8family, or others responsible for the child's welfare, as well
9as for the development of other resources necessary to ensure
10a comprehensive program for the prevention of such abuse and
11exploitation, supportive case management;
12    (d) Responding to individual physical, emotional, and
13social needs of clients so that supportive services are
14individually tailored and applied as long as necessary;
15    (e) Informing the public at large and professional
16agencies about the problem of child sexual abuse and
17exploitation, methods of detecting and responding to such
18incidents, including those established under the Abused and
19Neglected Child Reporting Act, the availability of State
20service and other resources for responding to victims of such
21abuse and exploitation, and about the existence and supportive
22approach of treatment center programs; and
23    (f) Development of informational and training materials
24and seminars to assure the availability of such programs and
25services throughout the State, emphasizing the need for
26cooperation and coordination with all appropriate elements of

 

 

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1the criminal justice system and law enforcement system.
2(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
3    Section 30. The Intergovernmental Missing Child Recovery
4Act of 1984 is amended by changing Section 2 as follows:
 
5    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
6    Sec. 2. As used in this Act:
7    (a) (Blank).
8    (b) "Director" means the Director of the Illinois State
9Police.
10    (c) "Unit of local government" is defined as in Article
11VII, Section 1 of the Illinois Constitution and includes both
12home rule units and units which are not home rule units. The
13term is also defined to include all public school districts
14subject to the provisions of the School Code.
15    (d) "Child" means a person under 21 years of age.
16    (e) A "LEADS terminal" is an interactive computerized
17communication and processing unit which permits a direct
18on-line communication with the Illinois State Police's central
19data repository, the Law Enforcement Agencies Data System
20(LEADS).
21    (f) A "primary contact agency" means a law enforcement
22agency which maintains a LEADS terminal, or has immediate
23access to one on a 24-hour-per-day, 7-day-per-week basis by
24written agreement with another law enforcement agency.

 

 

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1    (g) (Blank).
2    (h) "Missing child" means any person under 21 years of age
3whose whereabouts are unknown to his or her parents or legal
4guardian.
5    (i) "Exploitation" means activities and actions which
6include, but are not limited to, child sexual abuse material
7pornography, aggravated child sexual abuse material
8pornography, child prostitution, child sexual abuse, drug and
9substance abuse by children, and child suicide.
10    (j) (Blank).
11(Source: P.A. 102-538, eff. 8-20-21.)
 
12    Section 35. The Illinois Child Online Exploitation
13Reporting Act is amended by changing Section 10 as follows:
 
14    (325 ILCS 47/10)
15    Sec. 10. Registration. Any entity, subject to the
16reporting requirements of 42 U.S.C. 13032, while engaged in
17providing an electronic communications service or a remote
18computing service to the public, must provide the following
19information to the Cyber Tipline at the National Center for
20Missing and Exploited Children in order to facilitate the
21required reporting of child sexual abuse material pornography
22crimes, pursuant to 42 U.S.C. 13032:
23    (a) the agent's name, phone number, and email address; and
24    (b) the name of the agent's employer.

 

 

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1(Source: P.A. 95-983, eff. 10-3-08.)
 
2    Section 40. The Criminal and Traffic Assessment Act is
3amended by changing Section 15-70 as follows:
 
4    (705 ILCS 135/15-70)
5    (Section scheduled to be repealed on January 1, 2024)
6    Sec. 15-70. Conditional assessments. In addition to
7payments under one of the Schedule of Assessments 1 through 13
8of this Act, the court shall also order payment of any of the
9following conditional assessment amounts for each sentenced
10violation in the case to which a conditional assessment is
11applicable, which shall be collected and remitted by the Clerk
12of the Circuit Court as provided in this Section:
13        (1) arson, residential arson, or aggravated arson,
14    $500 per conviction to the State Treasurer for deposit
15    into the Fire Prevention Fund;
16        (2) child sexual abuse material pornography under
17    Section 11-20.1 of the Criminal Code of 1961 or the
18    Criminal Code of 2012, $500 per conviction, unless more
19    than one agency is responsible for the arrest in which
20    case the amount shall be remitted to each unit of
21    government equally:
22            (A) if the arresting agency is an agency of a unit
23        of local government, $500 to the treasurer of the unit
24        of local government for deposit into the unit of local

 

 

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1        government's General Fund, except that if the Illinois
2        State Police provides digital or electronic forensic
3        examination assistance, or both, to the arresting
4        agency then $100 to the State Treasurer for deposit
5        into the State Crime Laboratory Fund; or
6            (B) if the arresting agency is the Illinois State
7        Police, $500 to the State Treasurer for deposit into
8        the State Crime Laboratory Fund;
9        (3) crime laboratory drug analysis for a drug-related
10    offense involving possession or delivery of cannabis or
11    possession or delivery of a controlled substance as
12    defined in the Cannabis Control Act, the Illinois
13    Controlled Substances Act, or the Methamphetamine Control
14    and Community Protection Act, $100 reimbursement for
15    laboratory analysis, as set forth in subsection (f) of
16    Section 5-9-1.4 of the Unified Code of Corrections;
17        (4) DNA analysis, $250 on each conviction in which it
18    was used to the State Treasurer for deposit into the State
19    Crime Laboratory Fund as set forth in Section 5-9-1.4 of
20    the Unified Code of Corrections;
21        (5) DUI analysis, $150 on each sentenced violation in
22    which it was used as set forth in subsection (f) of Section
23    5-9-1.9 of the Unified Code of Corrections;
24        (6) drug-related offense involving possession or
25    delivery of cannabis or possession or delivery of a
26    controlled substance, other than methamphetamine, as

 

 

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1    defined in the Cannabis Control Act or the Illinois
2    Controlled Substances Act, an amount not less than the
3    full street value of the cannabis or controlled substance
4    seized for each conviction to be disbursed as follows:
5            (A) 12.5% of the street value assessment shall be
6        paid into the Youth Drug Abuse Prevention Fund, to be
7        used by the Department of Human Services for the
8        funding of programs and services for drug-abuse
9        treatment, and prevention and education services;
10            (B) 37.5% to the county in which the charge was
11        prosecuted, to be deposited into the county General
12        Fund;
13            (C) 50% to the treasurer of the arresting law
14        enforcement agency of the municipality or county, or
15        to the State Treasurer if the arresting agency was a
16        state agency, to be deposited as provided in
17        subsection (c) of Section 10-5;
18            (D) if the arrest was made in combination with
19        multiple law enforcement agencies, the clerk shall
20        equitably allocate the portion in subparagraph (C) of
21        this paragraph (6) among the law enforcement agencies
22        involved in the arrest;
23        (6.5) Kane County or Will County, in felony,
24    misdemeanor, local or county ordinance, traffic, or
25    conservation cases, up to $30 as set by the county board
26    under Section 5-1101.3 of the Counties Code upon the entry

 

 

10200HB5490ham001- 22 -LRB102 25922 RLC 36873 a

1    of a judgment of conviction, an order of supervision, or a
2    sentence of probation without entry of judgment under
3    Section 10 of the Cannabis Control Act, Section 410 of the
4    Illinois Controlled Substances Act, Section 70 of the
5    Methamphetamine Control and Community Protection Act,
6    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
7    the Criminal Code of 1961 or the Criminal Code of 2012,
8    Section 10-102 of the Illinois Alcoholism and Other Drug
9    Dependency Act, or Section 10 of the Steroid Control Act;
10    except in local or county ordinance, traffic, and
11    conservation cases, if fines are paid in full without a
12    court appearance, then the assessment shall not be imposed
13    or collected. Distribution of assessments collected under
14    this paragraph (6.5) shall be as provided in Section
15    5-1101.3 of the Counties Code;
16        (7) methamphetamine-related offense involving
17    possession or delivery of methamphetamine or any salt of
18    an optical isomer of methamphetamine or possession of a
19    methamphetamine manufacturing material as set forth in
20    Section 10 of the Methamphetamine Control and Community
21    Protection Act with the intent to manufacture a substance
22    containing methamphetamine or salt of an optical isomer of
23    methamphetamine, an amount not less than the full street
24    value of the methamphetamine or salt of an optical isomer
25    of methamphetamine or methamphetamine manufacturing
26    materials seized for each conviction to be disbursed as

 

 

10200HB5490ham001- 23 -LRB102 25922 RLC 36873 a

1    follows:
2            (A) 12.5% of the street value assessment shall be
3        paid into the Youth Drug Abuse Prevention Fund, to be
4        used by the Department of Human Services for the
5        funding of programs and services for drug-abuse
6        treatment, and prevention and education services;
7            (B) 37.5% to the county in which the charge was
8        prosecuted, to be deposited into the county General
9        Fund;
10            (C) 50% to the treasurer of the arresting law
11        enforcement agency of the municipality or county, or
12        to the State Treasurer if the arresting agency was a
13        state agency, to be deposited as provided in
14        subsection (c) of Section 10-5;
15            (D) if the arrest was made in combination with
16        multiple law enforcement agencies, the clerk shall
17        equitably allocate the portion in subparagraph (C) of
18        this paragraph (6) among the law enforcement agencies
19        involved in the arrest;
20        (8) order of protection violation under Section 12-3.4
21    of the Criminal Code of 2012, $200 for each conviction to
22    the county treasurer for deposit into the Probation and
23    Court Services Fund for implementation of a domestic
24    violence surveillance program and any other assessments or
25    fees imposed under Section 5-9-1.16 of the Unified Code of
26    Corrections;

 

 

10200HB5490ham001- 24 -LRB102 25922 RLC 36873 a

1        (9) order of protection violation, $25 for each
2    violation to the State Treasurer, for deposit into the
3    Domestic Violence Abuser Services Fund;
4        (10) prosecution by the State's Attorney of a:
5            (A) petty or business offense, $4 to the county
6        treasurer of which $2 deposited into the State's
7        Attorney Records Automation Fund and $2 into the
8        Public Defender Records Automation Fund;
9            (B) conservation or traffic offense, $2 to the
10        county treasurer for deposit into the State's Attorney
11        Records Automation Fund;
12        (11) speeding in a construction zone violation, $250
13    to the State Treasurer for deposit into the Transportation
14    Safety Highway Hire-back Fund, unless (i) the violation
15    occurred on a highway other than an interstate highway and
16    (ii) a county police officer wrote the ticket for the
17    violation, in which case to the county treasurer for
18    deposit into that county's Transportation Safety Highway
19    Hire-back Fund;
20        (12) supervision disposition on an offense under the
21    Illinois Vehicle Code or similar provision of a local
22    ordinance, 50 cents, unless waived by the court, into the
23    Prisoner Review Board Vehicle and Equipment Fund;
24        (13) victim and offender are family or household
25    members as defined in Section 103 of the Illinois Domestic
26    Violence Act of 1986 and offender pleads guilty or no

 

 

10200HB5490ham001- 25 -LRB102 25922 RLC 36873 a

1    contest to or is convicted of murder, voluntary
2    manslaughter, involuntary manslaughter, burglary,
3    residential burglary, criminal trespass to residence,
4    criminal trespass to vehicle, criminal trespass to land,
5    criminal damage to property, telephone harassment,
6    kidnapping, aggravated kidnaping, unlawful restraint,
7    forcible detention, child abduction, indecent solicitation
8    of a child, sexual relations between siblings,
9    exploitation of a child, child sexual abuse material
10    pornography, assault, aggravated assault, battery,
11    aggravated battery, heinous battery, aggravated battery of
12    a child, domestic battery, reckless conduct, intimidation,
13    criminal sexual assault, predatory criminal sexual assault
14    of a child, aggravated criminal sexual assault, criminal
15    sexual abuse, aggravated criminal sexual abuse, violation
16    of an order of protection, disorderly conduct, endangering
17    the life or health of a child, child abandonment,
18    contributing to dependency or neglect of child, or cruelty
19    to children and others, $200 for each sentenced violation
20    to the State Treasurer for deposit as follows: (i) for
21    sexual assault, as defined in Section 5-9-1.7 of the
22    Unified Code of Corrections, when the offender and victim
23    are family members, one-half to the Domestic Violence
24    Shelter and Service Fund, and one-half to the Sexual
25    Assault Services Fund; (ii) for the remaining offenses to
26    the Domestic Violence Shelter and Service Fund;

 

 

10200HB5490ham001- 26 -LRB102 25922 RLC 36873 a

1        (14) violation of Section 11-501 of the Illinois
2    Vehicle Code, Section 5-7 of the Snowmobile Registration
3    and Safety Act, Section 5-16 of the Boat Registration and
4    Safety Act, or a similar provision, whose operation of a
5    motor vehicle, snowmobile, or watercraft while in
6    violation of Section 11-501, Section 5-7 of the Snowmobile
7    Registration and Safety Act, Section 5-16 of the Boat
8    Registration and Safety Act, or a similar provision
9    proximately caused an incident resulting in an appropriate
10    emergency response, $1,000 maximum to the public agency
11    that provided an emergency response related to the
12    person's violation, or as provided in subsection (c) of
13    Section 10-5 if the arresting agency was a State agency,
14    unless more than one agency was responsible for the
15    arrest, in which case the amount shall be remitted to each
16    unit of government equally;
17        (15) violation of Section 401, 407, or 407.2 of the
18    Illinois Controlled Substances Act that proximately caused
19    any incident resulting in an appropriate drug-related
20    emergency response, $1,000 as reimbursement for the
21    emergency response to the law enforcement agency that made
22    the arrest, or as provided in subsection (c) of Section
23    10-5 if the arresting agency was a State agency, unless
24    more than one agency was responsible for the arrest, in
25    which case the amount shall be remitted to each unit of
26    government equally;

 

 

10200HB5490ham001- 27 -LRB102 25922 RLC 36873 a

1        (16) violation of reckless driving, aggravated
2    reckless driving, or driving 26 miles per hour or more in
3    excess of the speed limit that triggered an emergency
4    response, $1,000 maximum reimbursement for the emergency
5    response to be distributed in its entirety to a public
6    agency that provided an emergency response related to the
7    person's violation, or as provided in subsection (c) of
8    Section 10-5 if the arresting agency was a State agency,
9    unless more than one agency was responsible for the
10    arrest, in which case the amount shall be remitted to each
11    unit of government equally;
12        (17) violation based upon each plea of guilty,
13    stipulation of facts, or finding of guilt resulting in a
14    judgment of conviction or order of supervision for an
15    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
16    the Criminal Code of 2012 that results in the imposition
17    of a fine, to be distributed as follows:
18            (A) $50 to the county treasurer for deposit into
19        the Circuit Court Clerk Operation and Administrative
20        Fund to cover the costs in administering this
21        paragraph (17);
22            (B) $300 to the State Treasurer who shall deposit
23        the portion as follows:
24                (i) if the arresting or investigating agency
25            is the Illinois State Police, into the State
26            Police Law Enforcement Administration Fund;

 

 

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1                (ii) if the arresting or investigating agency
2            is the Department of Natural Resources, into the
3            Conservation Police Operations Assistance Fund;
4                (iii) if the arresting or investigating agency
5            is the Secretary of State, into the Secretary of
6            State Police Services Fund;
7                (iv) if the arresting or investigating agency
8            is the Illinois Commerce Commission, into the
9            Transportation Regulatory Fund; or
10                (v) if more than one of the State agencies in
11            this subparagraph (B) is the arresting or
12            investigating agency, then equal shares with the
13            shares deposited as provided in the applicable
14            items (i) through (iv) of this subparagraph (B);
15            and
16            (C) the remainder for deposit into the Specialized
17        Services for Survivors of Human Trafficking Fund;
18        (18) weapons violation under Section 24-1.1, 24-1.2,
19    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
20    of 2012, $100 for each conviction to the State Treasurer
21    for deposit into the Trauma Center Fund; and
22        (19) violation of subsection (c) of Section 11-907 of
23    the Illinois Vehicle Code, $250 to the State Treasurer for
24    deposit into the Scott's Law Fund, unless a county or
25    municipal police officer wrote the ticket for the
26    violation, in which case to the county treasurer for

 

 

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1    deposit into that county's or municipality's
2    Transportation Safety Highway Hire-back Fund to be used as
3    provided in subsection (j) of Section 11-907 of the
4    Illinois Vehicle Code.
5(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
6102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
78-20-21; revised 10-13-21.)
 
8    Section 45. The Juvenile Court Act of 1987 is amended by
9changing Section 3-40 as follows:
 
10    (705 ILCS 405/3-40)
11    Sec. 3-40. Minors involved in electronic dissemination of
12indecent visual depictions in need of supervision.
13    (a) For the purposes of this Section:
14    "Computer" has the meaning ascribed to it in Section
1517-0.5 of the Criminal Code of 2012.
16    "Electronic communication device" means an electronic
17device, including but not limited to a wireless telephone,
18personal digital assistant, or a portable or mobile computer,
19that is capable of transmitting images or pictures.
20    "Indecent visual depiction" means a depiction or portrayal
21in any pose, posture, or setting involving a lewd exhibition
22of the unclothed or transparently clothed genitals, pubic
23area, buttocks, or, if such person is female, a fully or
24partially developed breast of the person.

 

 

10200HB5490ham001- 30 -LRB102 25922 RLC 36873 a

1    "Minor" means a person under 18 years of age.
2    (b) A minor shall not distribute or disseminate an
3indecent visual depiction of another minor through the use of
4a computer or electronic communication device.
5    (c) Adjudication. A minor who violates subsection (b) of
6this Section may be subject to a petition for adjudication and
7adjudged a minor in need of supervision.
8    (d) Kinds of dispositional orders. A minor found to be in
9need of supervision under this Section may be:
10        (1) ordered to obtain counseling or other supportive
11    services to address the acts that led to the need for
12    supervision; or
13        (2) ordered to perform community service.
14    (e) Nothing in this Section shall be construed to prohibit
15a prosecution for disorderly conduct, public indecency, child
16sexual abuse material pornography, a violation of Article 26.5
17(Harassing and Obscene Communications) of the Criminal Code of
182012, or any other applicable provision of law.
19(Source: P.A. 99-78, eff. 7-20-15.)
 
20    Section 50. The Criminal Code of 2012 is amended by
21changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1,
2211-20.2, 11-23, 11-25, 14-3, 26-4, and 36-1 as follows:
 
23    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
24    Sec. 3-5. General limitations.

 

 

10200HB5490ham001- 31 -LRB102 25922 RLC 36873 a

1    (a) A prosecution for: (1) first degree murder, attempt to
2commit first degree murder, second degree murder, involuntary
3manslaughter, reckless homicide, a violation of subparagraph
4(F) of paragraph (1) of subsection (d) of Section 11-501 of the
5Illinois Vehicle Code for the offense of aggravated driving
6under the influence of alcohol, other drug or drugs, or
7intoxicating compound or compounds, or any combination thereof
8when the violation was a proximate cause of a death, leaving
9the scene of a motor vehicle accident involving death or
10personal injuries under Section 11-401 of the Illinois Vehicle
11Code, failing to give information and render aid under Section
1211-403 of the Illinois Vehicle Code, concealment of homicidal
13death, treason, arson, residential arson, aggravated arson,
14forgery, child sexual abuse material pornography under
15paragraph (1) of subsection (a) of Section 11-20.1, or
16aggravated child sexual abuse material pornography under
17paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
18any offense involving sexual conduct or sexual penetration, as
19defined by Section 11-0.1 of this Code may be commenced at any
20time.
21    (a-5) A prosecution for theft of property exceeding
22$100,000 in value under Section 16-1, identity theft under
23subsection (a) of Section 16-30, aggravated identity theft
24under subsection (b) of Section 16-30, financial exploitation
25of an elderly person or a person with a disability under
26Section 17-56; theft by deception of a victim 60 years of age

 

 

10200HB5490ham001- 32 -LRB102 25922 RLC 36873 a

1or older or a person with a disability under Section 16-1; or
2any offense set forth in Article 16H or Section 17-10.6 may be
3commenced within 7 years of the last act committed in
4furtherance of the crime.
5    (b) Unless the statute describing the offense provides
6otherwise, or the period of limitation is extended by Section
73-6, a prosecution for any offense not designated in
8subsection (a) or (a-5) must be commenced within 3 years after
9the commission of the offense if it is a felony, or within one
10year and 6 months after its commission if it is a misdemeanor.
11(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
 
12    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
13    Sec. 3-6. Extended limitations. The period within which a
14prosecution must be commenced under the provisions of Section
153-5 or other applicable statute is extended under the
16following conditions:
17    (a) A prosecution for theft involving a breach of a
18fiduciary obligation to the aggrieved person may be commenced
19as follows:
20        (1) If the aggrieved person is a minor or a person
21    under legal disability, then during the minority or legal
22    disability or within one year after the termination
23    thereof.
24        (2) In any other instance, within one year after the
25    discovery of the offense by an aggrieved person, or by a

 

 

10200HB5490ham001- 33 -LRB102 25922 RLC 36873 a

1    person who has legal capacity to represent an aggrieved
2    person or has a legal duty to report the offense, and is
3    not himself or herself a party to the offense; or in the
4    absence of such discovery, within one year after the
5    proper prosecuting officer becomes aware of the offense.
6    However, in no such case is the period of limitation so
7    extended more than 3 years beyond the expiration of the
8    period otherwise applicable.
9    (b) A prosecution for any offense based upon misconduct in
10office by a public officer or employee may be commenced within
11one year after discovery of the offense by a person having a
12legal duty to report such offense, or in the absence of such
13discovery, within one year after the proper prosecuting
14officer becomes aware of the offense. However, in no such case
15is the period of limitation so extended more than 3 years
16beyond the expiration of the period otherwise applicable.
17    (b-5) When the victim is under 18 years of age at the time
18of the offense, a prosecution for involuntary servitude,
19involuntary sexual servitude of a minor, or trafficking in
20persons and related offenses under Section 10-9 of this Code
21may be commenced within 25 years of the victim attaining the
22age of 18 years.
23    (b-6) When the victim is 18 years of age or over at the
24time of the offense, a prosecution for involuntary servitude,
25involuntary sexual servitude of a minor, or trafficking in
26persons and related offenses under Section 10-9 of this Code

 

 

10200HB5490ham001- 34 -LRB102 25922 RLC 36873 a

1may be commenced within 25 years after the commission of the
2offense.
3    (b-7) When the victim is under 18 years of age at the time
4of the offense, a prosecution for female genital mutilation
5may be commenced at any time.
6    (b-8) When the victim is under 17 years of age at the time
7of the offense or is a person with a disability, a prosecution
8for grooming may be commenced within 10 years after the victim
9or the person with a disability attains 17 years of age.
10    (c) (Blank).
11    (d) A prosecution for child sexual abuse material
12pornography, aggravated child sexual abuse material
13pornography, indecent solicitation of a child, soliciting for
14a juvenile prostitute, juvenile pimping, exploitation of a
15child, or promoting juvenile prostitution except for keeping a
16place of juvenile prostitution may be commenced within one
17year of the victim attaining the age of 18 years. However, in
18no such case shall the time period for prosecution expire
19sooner than 3 years after the commission of the offense.
20    (e) Except as otherwise provided in subdivision (j), a
21prosecution for any offense involving sexual conduct or sexual
22penetration, as defined in Section 11-0.1 of this Code, where
23the defendant was within a professional or fiduciary
24relationship or a purported professional or fiduciary
25relationship with the victim at the time of the commission of
26the offense may be commenced within one year after the

 

 

10200HB5490ham001- 35 -LRB102 25922 RLC 36873 a

1discovery of the offense by the victim.
2    (f) A prosecution for any offense set forth in Section 44
3of the Environmental Protection Act may be commenced within 5
4years after the discovery of such an offense by a person or
5agency having the legal duty to report the offense or in the
6absence of such discovery, within 5 years after the proper
7prosecuting officer becomes aware of the offense.
8    (f-5) A prosecution for any offense set forth in Section
916-30 of this Code may be commenced within 5 years after the
10discovery of the offense by the victim of that offense.
11    (g) (Blank).
12    (h) (Blank).
13    (i) Except as otherwise provided in subdivision (j), a
14prosecution for criminal sexual assault, aggravated criminal
15sexual assault, or aggravated criminal sexual abuse may be
16commenced at any time. If the victim consented to the
17collection of evidence using an Illinois State Police Sexual
18Assault Evidence Collection Kit under the Sexual Assault
19Survivors Emergency Treatment Act, it shall constitute
20reporting for purposes of this Section.
21    Nothing in this subdivision (i) shall be construed to
22shorten a period within which a prosecution must be commenced
23under any other provision of this Section.
24    (i-5) A prosecution for armed robbery, home invasion,
25kidnapping, or aggravated kidnapping kidnaping may be
26commenced within 10 years of the commission of the offense if

 

 

10200HB5490ham001- 36 -LRB102 25922 RLC 36873 a

1it arises out of the same course of conduct and meets the
2criteria under one of the offenses in subsection (i) of this
3Section.
4    (j) (1) When the victim is under 18 years of age at the
5time of the offense, a prosecution for criminal sexual
6assault, aggravated criminal sexual assault, predatory
7criminal sexual assault of a child, aggravated criminal sexual
8abuse, felony criminal sexual abuse, or female genital
9mutilation may be commenced at any time.
10    (2) When in circumstances other than as described in
11paragraph (1) of this subsection (j), when the victim is under
1218 years of age at the time of the offense, a prosecution for
13failure of a person who is required to report an alleged or
14suspected commission of criminal sexual assault, aggravated
15criminal sexual assault, predatory criminal sexual assault of
16a child, aggravated criminal sexual abuse, or felony criminal
17sexual abuse under the Abused and Neglected Child Reporting
18Act may be commenced within 20 years after the child victim
19attains 18 years of age.
20    (3) When the victim is under 18 years of age at the time of
21the offense, a prosecution for misdemeanor criminal sexual
22abuse may be commenced within 10 years after the child victim
23attains 18 years of age.
24    (4) Nothing in this subdivision (j) shall be construed to
25shorten a period within which a prosecution must be commenced
26under any other provision of this Section.

 

 

10200HB5490ham001- 37 -LRB102 25922 RLC 36873 a

1    (j-5) A prosecution for armed robbery, home invasion,
2kidnapping, or aggravated kidnapping kidnaping may be
3commenced at any time if it arises out of the same course of
4conduct and meets the criteria under one of the offenses in
5subsection (j) of this Section.
6    (k) (Blank).
7    (l) A prosecution for any offense set forth in Section
826-4 of this Code may be commenced within one year after the
9discovery of the offense by the victim of that offense.
10    (l-5) A prosecution for any offense involving sexual
11conduct or sexual penetration, as defined in Section 11-0.1 of
12this Code, in which the victim was 18 years of age or older at
13the time of the offense, may be commenced within one year after
14the discovery of the offense by the victim when corroborating
15physical evidence is available. The charging document shall
16state that the statute of limitations is extended under this
17subsection (l-5) and shall state the circumstances justifying
18the extension. Nothing in this subsection (l-5) shall be
19construed to shorten a period within which a prosecution must
20be commenced under any other provision of this Section or
21Section 3-5 of this Code.
22    (m) The prosecution shall not be required to prove at
23trial facts which extend the general limitations in Section
243-5 of this Code when the facts supporting extension of the
25period of general limitations are properly pled in the
26charging document. Any challenge relating to the extension of

 

 

10200HB5490ham001- 38 -LRB102 25922 RLC 36873 a

1the general limitations period as defined in this Section
2shall be exclusively conducted under Section 114-1 of the Code
3of Criminal Procedure of 1963.
4    (n) A prosecution for any offense set forth in subsection
5(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
6Illinois Public Aid Code, in which the total amount of money
7involved is $5,000 or more, including the monetary value of
8food stamps and the value of commodities under Section 16-1 of
9this Code may be commenced within 5 years of the last act
10committed in furtherance of the offense.
11(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
12101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
138-20-21.)
 
14    (720 ILCS 5/11-0.1)
15    Sec. 11-0.1. Definitions. In this Article, unless the
16context clearly requires otherwise, the following terms are
17defined as indicated:
18    "Accused" means a person accused of an offense prohibited
19by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
20this Code or a person for whose conduct the accused is legally
21responsible under Article 5 of this Code.
22    "Adult obscenity or child sexual abuse material
23pornography Internet site". See Section 11-23.
24    "Advance prostitution" means:
25        (1) Soliciting for a prostitute by performing any of

 

 

10200HB5490ham001- 39 -LRB102 25922 RLC 36873 a

1    the following acts when acting other than as a prostitute
2    or a patron of a prostitute:
3            (A) Soliciting another for the purpose of
4        prostitution.
5            (B) Arranging or offering to arrange a meeting of
6        persons for the purpose of prostitution.
7            (C) Directing another to a place knowing the
8        direction is for the purpose of prostitution.
9        (2) Keeping a place of prostitution by controlling or
10    exercising control over the use of any place that could
11    offer seclusion or shelter for the practice of
12    prostitution and performing any of the following acts when
13    acting other than as a prostitute or a patron of a
14    prostitute:
15            (A) Knowingly granting or permitting the use of
16        the place for the purpose of prostitution.
17            (B) Granting or permitting the use of the place
18        under circumstances from which he or she could
19        reasonably know that the place is used or is to be used
20        for purposes of prostitution.
21            (C) Permitting the continued use of the place
22        after becoming aware of facts or circumstances from
23        which he or she should reasonably know that the place
24        is being used for purposes of prostitution.
25    "Agency". See Section 11-9.5.
26    "Arranges". See Section 11-6.5.

 

 

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1    "Bodily harm" means physical harm, and includes, but is
2not limited to, sexually transmitted disease, pregnancy, and
3impotence.
4    "Care and custody". See Section 11-9.5.
5    "Child care institution". See Section 11-9.3.
6    "Child sexual abuse material pornography". See Section
711-20.1.
8    "Child sex offender". See Section 11-9.3.
9    "Community agency". See Section 11-9.5.
10    "Conditional release". See Section 11-9.2.
11    "Consent" means a freely given agreement to the act of
12sexual penetration or sexual conduct in question. Lack of
13verbal or physical resistance or submission by the victim
14resulting from the use of force or threat of force by the
15accused shall not constitute consent. The manner of dress of
16the victim at the time of the offense shall not constitute
17consent.
18    "Custody". See Section 11-9.2.
19    "Day care center". See Section 11-9.3.
20    "Depict by computer". See Section 11-20.1.
21    "Depiction by computer". See Section 11-20.1.
22    "Disseminate". See Section 11-20.1.
23    "Distribute". See Section 11-21.
24    "Family member" means a parent, grandparent, child,
25sibling, aunt, uncle, great-aunt, or great-uncle, whether by
26whole blood, half-blood, or adoption, and includes a

 

 

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1step-grandparent, step-parent, or step-child. "Family member"
2also means, if the victim is a child under 18 years of age, an
3accused who has resided in the household with the child
4continuously for at least 3 6 months.
5    "Force or threat of force" means the use of force or
6violence or the threat of force or violence, including, but
7not limited to, the following situations:
8        (1) when the accused threatens to use force or
9    violence on the victim or on any other person, and the
10    victim under the circumstances reasonably believes that
11    the accused has the ability to execute that threat; or
12        (2) when the accused overcomes the victim by use of
13    superior strength or size, physical restraint, or physical
14    confinement.
15    "Harmful to minors". See Section 11-21.
16    "Loiter". See Section 9.3.
17    "Material". See Section 11-21.
18    "Minor". See Section 11-21.
19    "Nudity". See Section 11-21.
20    "Obscene". See Section 11-20.
21    "Part day child care facility". See Section 11-9.3.
22    "Penal system". See Section 11-9.2.
23    "Person responsible for the child's welfare". See Section
2411-9.1A.
25    "Person with a disability". See Section 11-9.5.
26    "Playground". See Section 11-9.3.

 

 

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1    "Probation officer". See Section 11-9.2.
2    "Produce". See Section 11-20.1.
3    "Profit from prostitution" means, when acting other than
4as a prostitute, to receive anything of value for personally
5rendered prostitution services or to receive anything of value
6from a prostitute, if the thing received is not for lawful
7consideration and the person knows it was earned in whole or in
8part from the practice of prostitution.
9    "Public park". See Section 11-9.3.
10    "Public place". See Section 11-30.
11    "Reproduce". See Section 11-20.1.
12    "Sado-masochistic abuse". See Section 11-21.
13    "School". See Section 11-9.3.
14    "School official". See Section 11-9.3.
15    "Sexual abuse". See Section 11-9.1A.
16    "Sexual act". See Section 11-9.1.
17    "Sexual conduct" means any knowing touching or fondling by
18the victim or the accused, either directly or through
19clothing, of the sex organs, anus, or breast of the victim or
20the accused, or any part of the body of a child under 13 years
21of age, or any transfer or transmission of semen by the accused
22upon any part of the clothed or unclothed body of the victim,
23for the purpose of sexual gratification or arousal of the
24victim or the accused.
25    "Sexual excitement". See Section 11-21.
26    "Sexual penetration" means any contact, however slight,

 

 

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1between the sex organ or anus of one person and an object or
2the sex organ, mouth, or anus of another person, or any
3intrusion, however slight, of any part of the body of one
4person or of any animal or object into the sex organ or anus of
5another person, including, but not limited to, cunnilingus,
6fellatio, or anal penetration. Evidence of emission of semen
7is not required to prove sexual penetration.
8    "Solicit". See Section 11-6.
9    "State-operated facility". See Section 11-9.5.
10    "Supervising officer". See Section 11-9.2.
11    "Surveillance agent". See Section 11-9.2.
12    "Treatment and detention facility". See Section 11-9.2.
13    "Unable to give knowing consent" includes when the accused
14administers any intoxicating or anesthetic substance, or any
15controlled substance causing the victim to become unconscious
16of the nature of the act and this condition was known, or
17reasonably should have been known by the accused. As used in
18this paragraph, "unconscious of the nature of the act" means
19incapable of resisting because the victim meets any one of the
20following conditions:
21        (1) was unconscious or asleep;
22        (2) was not aware, knowing, perceiving, or cognizant
23    that the act occurred;
24        (3) was not aware, knowing, perceiving, or cognizant
25    of the essential characteristics of the act due to the
26    perpetrator's fraud in fact; or

 

 

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1        (4) was not aware, knowing, perceiving, or cognizant
2    of the essential characteristics of the act due to the
3    perpetrator's fraudulent representation that the sexual
4    penetration served a professional purpose when it served
5    no professional purpose; or
6        (5) was asleep, unconscious, or surprised such that
7    the victim could not give voluntary, intelligent, and
8    knowing agreement to the sexual act.
9    It is inferred that a victim is unable to give knowing
10consent A victim is presumed "unable to give knowing consent"
11when the victim:
12        (1) is committed to the care and custody or
13    supervision of the Illinois Department of Corrections
14    (IDOC) and the accused is an employee or volunteer who is
15    not married to the victim who knows or reasonably should
16    know that the victim is committed to the care and custody
17    or supervision of such department;
18        (2) is committed to or placed with the Department of
19    Children and Family Services (DCFS) and in residential
20    care, and the accused employee is not married to the
21    victim, and knows or reasonably should know that the
22    victim is committed to or placed with DCFS and in
23    residential care;
24        (3) is a client or patient and the accused is a health
25    care provider or mental health care provider and the
26    sexual conduct or sexual penetration occurs during a

 

 

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1    treatment session, consultation, interview, or
2    examination;
3        (4) is a resident or inpatient of a residential
4    facility and the accused is an employee of the facility
5    who is not married to such resident or inpatient who
6    provides direct care services, case management services,
7    medical or other clinical services, habilitative services
8    or direct supervision of the residents in the facility in
9    which the resident resides; or an officer or other
10    employee, consultant, contractor or volunteer of the
11    residential facility, who knows or reasonably should know
12    that the person is a resident of such facility; or
13        (5) is detained or otherwise in the custody of a
14    police officer, peace officer, or other law enforcement
15    official who: (i) is detaining or maintaining custody of
16    such person; or (ii) knows, or reasonably should know,
17    that at the time of the offense, such person was detained
18    or in custody and the police officer, peace officer, or
19    other law enforcement official is not married to such
20    detainee.
21    "Victim" means a person alleging to have been subjected to
22an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
2311-1.50, or 11-1.60 of this Code.
24(Source: P.A. 102-567, eff. 1-1-22.)
 
25    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)

 

 

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1    Sec. 11-9.1. Sexual exploitation of a child.
2    (a) A person commits sexual exploitation of a child if in
3the presence or virtual presence, or both, of a child and with
4knowledge that a child or one whom he or she believes to be a
5child would view his or her acts, that person:
6        (1) engages in a sexual act; or
7        (2) exposes his or her sex organs, anus or breast for
8    the purpose of sexual arousal or gratification of such
9    person or the child or one whom he or she believes to be a
10    child; or
11        (3) knowingly entices, coerces, or persuades a child
12    to participate in the production of the recording or
13    memorializing a sexual act of persons ages 18 or older.
14    (a-5) A person commits sexual exploitation of a child who
15knowingly entices, coerces, or persuades a child to remove the
16child's clothing for the purpose of sexual arousal or
17gratification of the person or the child, or both.
18    (b) Definitions. As used in this Section:
19    "Sexual act" means masturbation, sexual conduct or sexual
20penetration as defined in Section 11-0.1 of this Code.
21    "Sex offense" means any violation of Article 11 of this
22Code.
23    "Child" means a person under 17 years of age.
24    "Virtual presence" means an environment that is created
25with software and presented to the user and or receiver via the
26Internet, in such a way that the user appears in front of the

 

 

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1receiver on the computer monitor or screen or hand-held
2portable electronic device, usually through a web camming
3program. "Virtual presence" includes primarily experiencing
4through sight or sound, or both, a video image that can be
5explored interactively at a personal computer or hand-held
6communication device, or both.
7    "Webcam" means a video capturing device connected to a
8computer or computer network that is designed to take digital
9photographs or live or recorded video which allows for the
10live transmission to an end user over the Internet.
11    (c) Sentence.
12        (1) Sexual exploitation of a child is a Class A
13    misdemeanor. A second or subsequent violation of this
14    Section or a substantially similar law of another state is
15    a Class 4 felony.
16        (2) Sexual exploitation of a child is a Class 4 felony
17    if the person has been previously convicted of a sex
18    offense.
19        (3) Sexual exploitation of a child is a Class 4 felony
20    if the victim was under 13 years of age at the time of the
21    commission of the offense.
22        (4) Sexual exploitation of a child is a Class 4 felony
23    if committed by a person 18 years of age or older who is on
24    or within 500 feet of elementary or secondary school
25    grounds when children are present on the grounds.
26        (5) A violation of paragraph (3) of subsection (a) is

 

 

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1    a Class 4 felony for a first offense; and a Class 3 felony
2    for a second or subsequent offense, or if the person has
3    been previously convicted of a sex offense.
4(Source: P.A. 102-168, eff. 7-27-21.)
 
5    (720 ILCS 5/11-9.3)
6    Sec. 11-9.3. Presence within school zone by child sex
7offenders prohibited; approaching, contacting, residing with,
8or communicating with a child within certain places by child
9sex offenders prohibited.
10    (a) It is unlawful for a child sex offender to knowingly be
11present in any school building, on real property comprising
12any school, or in any conveyance owned, leased, or contracted
13by a school to transport students to or from school or a school
14related activity when persons under the age of 18 are present
15in the building, on the grounds or in the conveyance, unless
16the offender is a parent or guardian of a student attending the
17school and the parent or guardian is: (i) attending a
18conference at the school with school personnel to discuss the
19progress of his or her child academically or socially, (ii)
20participating in child review conferences in which evaluation
21and placement decisions may be made with respect to his or her
22child regarding special education services, or (iii) attending
23conferences to discuss other student issues concerning his or
24her child such as retention and promotion and notifies the
25principal of the school of his or her presence at the school or

 

 

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

 

 

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

 

 

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1property. If the sex offender is to be present in the vicinity
2of children, the sex offender has the duty to remain under the
3direct supervision of a school official.
4    (b-2) It is unlawful for a child sex offender to knowingly
5loiter on a public way within 500 feet of a public park
6building or real property comprising any public park while
7persons under the age of 18 are present in the building or on
8the grounds and to approach, contact, or communicate with a
9child under 18 years of age, unless the offender is a parent or
10guardian of a person under 18 years of age present in the
11building or on the grounds.
12    (b-5) It is unlawful for a child sex offender to knowingly
13reside within 500 feet of a school building or the real
14property comprising any school that persons under the age of
1518 attend. Nothing in this subsection (b-5) prohibits a child
16sex offender from residing within 500 feet of a school
17building or the real property comprising any school that
18persons under 18 attend if the property is owned by the child
19sex offender and was purchased before July 7, 2000 (the
20effective date of Public Act 91-911).
21    (b-10) It is unlawful for a child sex offender to
22knowingly reside within 500 feet of a playground, child care
23institution, day care center, part day child care facility,
24day care home, group day care home, or a facility providing
25programs or services exclusively directed toward persons under
2618 years of age. Nothing in this subsection (b-10) prohibits a

 

 

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1child sex offender from residing within 500 feet of a
2playground or a facility providing programs or services
3exclusively directed toward persons under 18 years of age if
4the property is owned by the child sex offender and was
5purchased before July 7, 2000. Nothing in this subsection
6(b-10) prohibits a child sex offender from residing within 500
7feet of a child care institution, day care center, or part day
8child care facility if the property is owned by the child sex
9offender and was purchased before June 26, 2006. Nothing in
10this subsection (b-10) prohibits a child sex offender from
11residing within 500 feet of a day care home or group day care
12home if the property is owned by the child sex offender and was
13purchased before August 14, 2008 (the effective date of Public
14Act 95-821).
15    (b-15) It is unlawful for a child sex offender to
16knowingly reside within 500 feet of the victim of the sex
17offense. Nothing in this subsection (b-15) prohibits a child
18sex offender from residing within 500 feet of the victim if the
19property in which the child sex offender resides is owned by
20the child sex offender and was purchased before August 22,
212002.
22    This subsection (b-15) does not apply if the victim of the
23sex offense is 21 years of age or older.
24    (b-20) It is unlawful for a child sex offender to
25knowingly communicate, other than for a lawful purpose under
26Illinois law, using the Internet or any other digital media,

 

 

10200HB5490ham001- 53 -LRB102 25922 RLC 36873 a

1with a person under 18 years of age or with a person whom he or
2she believes to be a person under 18 years of age, unless the
3offender is a parent or guardian of the person under 18 years
4of age.
5    (c) It is unlawful for a child sex offender to knowingly
6operate, manage, be employed by, volunteer at, be associated
7with, or knowingly be present at any: (i) facility providing
8programs or services exclusively directed toward persons under
9the age of 18; (ii) day care center; (iii) part day child care
10facility; (iv) child care institution; (v) school providing
11before and after school programs for children under 18 years
12of age; (vi) day care home; or (vii) group day care home. This
13does not prohibit a child sex offender from owning the real
14property upon which the programs or services are offered or
15upon which the day care center, part day child care facility,
16child care institution, or school providing before and after
17school programs for children under 18 years of age is located,
18provided the child sex offender refrains from being present on
19the premises for the hours during which: (1) the programs or
20services are being offered or (2) the day care center, part day
21child care facility, child care institution, or school
22providing before and after school programs for children under
2318 years of age, day care home, or group day care home is
24operated.
25    (c-2) It is unlawful for a child sex offender to
26participate in a holiday event involving children under 18

 

 

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

 

 

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1another or in any facility for the purpose of offering or
2providing such programs or services, whether such programs or
3services are offered or provided by contract, agreement,
4arrangement, or on a volunteer basis.
5    (c-8) It is unlawful for a child sex offender to knowingly
6operate, whether authorized to do so or not, any of the
7following vehicles: (1) a vehicle which is specifically
8designed, constructed or modified and equipped to be used for
9the retail sale of food or beverages, including but not
10limited to an ice cream truck; (2) an authorized emergency
11vehicle; or (3) a rescue vehicle.
12    (d) Definitions. In this Section:
13        (1) "Child sex offender" means any person who:
14            (i) has been charged under Illinois law, or any
15        substantially similar federal law or law of another
16        state, with a sex offense set forth in paragraph (2) of
17        this subsection (d) or the attempt to commit an
18        included sex offense, and the victim is a person under
19        18 years of age at the time of the offense; and:
20                (A) is convicted of such offense or an attempt
21            to commit such offense; or
22                (B) is found not guilty by reason of insanity
23            of such offense or an attempt to commit such
24            offense; or
25                (C) is found not guilty by reason of insanity
26            pursuant to subsection (c) of Section 104-25 of

 

 

10200HB5490ham001- 56 -LRB102 25922 RLC 36873 a

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

 

 

10200HB5490ham001- 57 -LRB102 25922 RLC 36873 a

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

 

 

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1        compelling a person to be a prostitute),
2        11-14.3(a)(2)(C) (promoting prostitution by profiting
3        from prostitution by means other than as described in
4        subparagraphs (A) and (B) of paragraph (2) of
5        subsection (a) of Section 11-14.3), 11-14.4 (promoting
6        juvenile prostitution), 11-18.1 (patronizing a
7        juvenile prostitute), 11-20.1 (child sexual abuse
8        material pornography), 11-20.1B (aggravated child
9        sexual abuse material pornography), 11-21 (harmful
10        material), 11-25 (grooming), 11-26 (traveling to meet
11        a minor or traveling to meet a child), 12-33
12        (ritualized abuse of a child), 11-20 (obscenity) (when
13        that offense was committed in any school, on real
14        property comprising any school, in any conveyance
15        owned, leased, or contracted by a school to transport
16        students to or from school or a school related
17        activity, or in a public park), 11-30 (public
18        indecency) (when committed in a school, on real
19        property comprising a school, in any conveyance owned,
20        leased, or contracted by a school to transport
21        students to or from school or a school related
22        activity, or in a public park). An attempt to commit
23        any of these offenses.
24            (ii) A violation of any of the following Sections
25        of the Criminal Code of 1961 or the Criminal Code of
26        2012, when the victim is a person under 18 years of

 

 

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1        age: 11-1.20 (criminal sexual assault), 11-1.30
2        (aggravated criminal sexual assault), 11-1.50
3        (criminal sexual abuse), 11-1.60 (aggravated criminal
4        sexual abuse). An attempt to commit any of these
5        offenses.
6            (iii) A violation of any of the following Sections
7        of the Criminal Code of 1961 or the Criminal Code of
8        2012, when the victim is a person under 18 years of age
9        and the defendant is not a parent of the victim:
10            10-1 (kidnapping),
11            10-2 (aggravated kidnapping),
12            10-3 (unlawful restraint),
13            10-3.1 (aggravated unlawful restraint),
14            11-9.1(A) (permitting sexual abuse of a child).
15            An attempt to commit any of these offenses.
16            (iv) A violation of any former law of this State
17        substantially equivalent to any offense listed in
18        clause (2)(i) or (2)(ii) of subsection (d) of this
19        Section.
20        (2.5) For the purposes of subsections (b-5) and (b-10)
21    only, a sex offense means:
22            (i) A violation of any of the following Sections
23        of the Criminal Code of 1961 or the Criminal Code of
24        2012: 10-5(b)(10) (child luring), 10-7 (aiding or
25        abetting child abduction under Section 10-5(b)(10)),
26        11-1.40 (predatory criminal sexual assault of a

 

 

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1        child), 11-6 (indecent solicitation of a child),
2        11-6.5 (indecent solicitation of an adult), 11-9.2
3        (custodial sexual misconduct), 11-9.5 (sexual
4        misconduct with a person with a disability), 11-11
5        (sexual relations within families), 11-14.3(a)(1)
6        (promoting prostitution by advancing prostitution),
7        11-14.3(a)(2)(A) (promoting prostitution by profiting
8        from prostitution by compelling a person to be a
9        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
10        by profiting from prostitution by means other than as
11        described in subparagraphs (A) and (B) of paragraph
12        (2) of subsection (a) of Section 11-14.3), 11-14.4
13        (promoting juvenile prostitution), 11-18.1
14        (patronizing a juvenile prostitute), 11-20.1 (child
15        sexual abuse material pornography), 11-20.1B
16        (aggravated child sexual abuse material pornography),
17        11-25 (grooming), 11-26 (traveling to meet a minor or
18        traveling to meet a child), or 12-33 (ritualized abuse
19        of a child). An attempt to commit any of these
20        offenses.
21            (ii) A violation of any of the following Sections
22        of the Criminal Code of 1961 or the Criminal Code of
23        2012, when the victim is a person under 18 years of
24        age: 11-1.20 (criminal sexual assault), 11-1.30
25        (aggravated criminal sexual assault), 11-1.60
26        (aggravated criminal sexual abuse), and subsection (a)

 

 

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

 

 

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

 

 

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

 

 

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1age, or a victim of the sex offense who is under 21 years of
2age, to the edge of the child sex offender's place of residence
3or place where he or she is loitering.
4    (f) Sentence. A person who violates this Section is guilty
5of a Class 4 felony.
6(Source: P.A. 100-428, eff. 1-1-18.)
 
7    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
8    Sec. 11-20.1. Child sexual abuse material pornography.
9    (a) A person commits child sexual abuse material
10pornography who:
11        (1) films, videotapes, photographs, or otherwise
12    depicts or portrays by means of any similar visual medium
13    or reproduction or depicts by computer any child whom he
14    or she knows or reasonably should know to be under the age
15    of 18 or any person with a severe or profound intellectual
16    disability where such child or person with a severe or
17    profound intellectual disability is:
18            (i) actually or by simulation engaged in any act
19        of sexual penetration or sexual conduct with any
20        person or animal; or
21            (ii) actually or by simulation engaged in any act
22        of sexual penetration or sexual conduct involving the
23        sex organs of the child or person with a severe or
24        profound intellectual disability and the mouth, anus,
25        or sex organs of another person or animal; or which

 

 

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1        involves the mouth, anus or sex organs of the child or
2        person with a severe or profound intellectual
3        disability and the sex organs of another person or
4        animal; or
5            (iii) actually or by simulation engaged in any act
6        of masturbation; or
7            (iv) actually or by simulation portrayed as being
8        the object of, or otherwise engaged in, any act of lewd
9        fondling, touching, or caressing involving another
10        person or animal; or
11            (v) actually or by simulation engaged in any act
12        of excretion or urination within a sexual context; or
13            (vi) actually or by simulation portrayed or
14        depicted as bound, fettered, or subject to sadistic,
15        masochistic, or sadomasochistic abuse in any sexual
16        context; or
17            (vii) depicted or portrayed in any pose, posture
18        or setting involving a lewd exhibition of the
19        unclothed or transparently clothed genitals, pubic
20        area, buttocks, or, if such person is female, a fully
21        or partially developed breast of the child or other
22        person; or
23        (2) with the knowledge of the nature or content
24    thereof, reproduces, disseminates, offers to disseminate,
25    exhibits or possesses with intent to disseminate any film,
26    videotape, photograph or other similar visual reproduction

 

 

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1    or depiction by computer of any child or person with a
2    severe or profound intellectual disability whom the person
3    knows or reasonably should know to be under the age of 18
4    or to be a person with a severe or profound intellectual
5    disability, engaged in any activity described in
6    subparagraphs (i) through (vii) of paragraph (1) of this
7    subsection; or
8        (3) with knowledge of the subject matter or theme
9    thereof, produces any stage play, live performance, film,
10    videotape or other similar visual portrayal or depiction
11    by computer which includes a child whom the person knows
12    or reasonably should know to be under the age of 18 or a
13    person with a severe or profound intellectual disability
14    engaged in any activity described in subparagraphs (i)
15    through (vii) of paragraph (1) of this subsection; or
16        (4) solicits, uses, persuades, induces, entices, or
17    coerces any child whom he or she knows or reasonably
18    should know to be under the age of 18 or a person with a
19    severe or profound intellectual disability to appear in
20    any stage play, live presentation, film, videotape,
21    photograph or other similar visual reproduction or
22    depiction by computer in which the child or person with a
23    severe or profound intellectual disability is or will be
24    depicted, actually or by simulation, in any act, pose or
25    setting described in subparagraphs (i) through (vii) of
26    paragraph (1) of this subsection; or

 

 

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1        (5) is a parent, step-parent, legal guardian or other
2    person having care or custody of a child whom the person
3    knows or reasonably should know to be under the age of 18
4    or a person with a severe or profound intellectual
5    disability and who knowingly permits, induces, promotes,
6    or arranges for such child or person with a severe or
7    profound intellectual disability to appear in any stage
8    play, live performance, film, videotape, photograph or
9    other similar visual presentation, portrayal or simulation
10    or depiction by computer of any act or activity described
11    in subparagraphs (i) through (vii) of paragraph (1) of
12    this subsection; or
13        (6) with knowledge of the nature or content thereof,
14    possesses any film, videotape, photograph or other similar
15    visual reproduction or depiction by computer of any child
16    or person with a severe or profound intellectual
17    disability whom the person knows or reasonably should know
18    to be under the age of 18 or to be a person with a severe
19    or profound intellectual disability, engaged in any
20    activity described in subparagraphs (i) through (vii) of
21    paragraph (1) of this subsection; or
22        (7) solicits, or knowingly uses, persuades, induces,
23    entices, or coerces, a person to provide a child under the
24    age of 18 or a person with a severe or profound
25    intellectual disability to appear in any videotape,
26    photograph, film, stage play, live presentation, or other

 

 

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1    similar visual reproduction or depiction by computer in
2    which the child or person with a severe or profound
3    intellectual disability will be depicted, actually or by
4    simulation, in any act, pose, or setting described in
5    subparagraphs (i) through (vii) of paragraph (1) of this
6    subsection.
7    (a-5) The possession of each individual film, videotape,
8photograph, or other similar visual reproduction or depiction
9by computer in violation of this Section constitutes a single
10and separate violation. This subsection (a-5) does not apply
11to multiple copies of the same film, videotape, photograph, or
12other similar visual reproduction or depiction by computer
13that are identical to each other.
14    (b)(1) It shall be an affirmative defense to a charge of
15child sexual abuse material pornography that the defendant
16reasonably believed, under all of the circumstances, that the
17child was 18 years of age or older or that the person was not a
18person with a severe or profound intellectual disability but
19only where, prior to the act or acts giving rise to a
20prosecution under this Section, he or she took some
21affirmative action or made a bonafide inquiry designed to
22ascertain whether the child was 18 years of age or older or
23that the person was not a person with a severe or profound
24intellectual disability and his or her reliance upon the
25information so obtained was clearly reasonable.
26    (1.5) Telecommunications carriers, commercial mobile

 

 

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1service providers, and providers of information services,
2including, but not limited to, Internet service providers and
3hosting service providers, are not liable under this Section
4by virtue of the transmission, storage, or caching of
5electronic communications or messages of others or by virtue
6of the provision of other related telecommunications,
7commercial mobile services, or information services used by
8others in violation of this Section.
9    (2) (Blank).
10    (3) The charge of child sexual abuse material pornography
11shall not apply to the performance of official duties by law
12enforcement or prosecuting officers or persons employed by law
13enforcement or prosecuting agencies, court personnel or
14attorneys, nor to bonafide treatment or professional education
15programs conducted by licensed physicians, psychologists or
16social workers. In any criminal proceeding, any property or
17material that constitutes child sexual abuse material
18pornography shall remain in the care, custody, and control of
19either the State or the court. A motion to view the evidence
20shall comply with subsection (e-5) of this Section.
21    (4) If the defendant possessed more than one of the same
22film, videotape or visual reproduction or depiction by
23computer in which child sexual abuse material pornography is
24depicted, then the trier of fact may infer that the defendant
25possessed such materials with the intent to disseminate them.
26    (5) The charge of child sexual abuse material pornography

 

 

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1does not apply to a person who does not voluntarily possess a
2film, videotape, or visual reproduction or depiction by
3computer in which child sexual abuse material pornography is
4depicted. Possession is voluntary if the defendant knowingly
5procures or receives a film, videotape, or visual reproduction
6or depiction for a sufficient time to be able to terminate his
7or her possession.
8    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
9(7) of subsection (a) that includes a child engaged in,
10solicited for, depicted in, or posed in any act of sexual
11penetration or bound, fettered, or subject to sadistic,
12masochistic, or sadomasochistic abuse in a sexual context
13shall be deemed a crime of violence.
14    (c) If the violation does not involve a film, videotape,
15or other moving depiction, a violation of paragraph (1), (4),
16(5), or (7) of subsection (a) is a Class 1 felony with a
17mandatory minimum fine of $2,000 and a maximum fine of
18$100,000. If the violation involves a film, videotape, or
19other moving depiction, a violation of paragraph (1), (4),
20(5), or (7) of subsection (a) is a Class X felony with a
21mandatory minimum fine of $2,000 and a maximum fine of
22$100,000. If the violation does not involve a film, videotape,
23or other moving depiction, a violation of paragraph (3) of
24subsection (a) is a Class 1 felony with a mandatory minimum
25fine of $1500 and a maximum fine of $100,000. If the violation
26involves a film, videotape, or other moving depiction, a

 

 

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1violation of paragraph (3) of subsection (a) is a Class X
2felony with a mandatory minimum fine of $1500 and a maximum
3fine of $100,000. If the violation does not involve a film,
4videotape, or other moving depiction, a violation of paragraph
5(2) of subsection (a) is a Class 1 felony with a mandatory
6minimum fine of $1000 and a maximum fine of $100,000. If the
7violation involves a film, videotape, or other moving
8depiction, a violation of paragraph (2) of subsection (a) is a
9Class X felony with a mandatory minimum fine of $1000 and a
10maximum fine of $100,000. If the violation does not involve a
11film, videotape, or other moving depiction, a violation of
12paragraph (6) of subsection (a) is a Class 3 felony with a
13mandatory minimum fine of $1000 and a maximum fine of
14$100,000. If the violation involves a film, videotape, or
15other moving depiction, a violation of paragraph (6) of
16subsection (a) is a Class 2 felony with a mandatory minimum
17fine of $1000 and a maximum fine of $100,000.
18    (c-5) Where the child depicted is under the age of 13, a
19violation of paragraph (1), (2), (3), (4), (5), or (7) of
20subsection (a) is a Class X felony with a mandatory minimum
21fine of $2,000 and a maximum fine of $100,000. Where the child
22depicted is under the age of 13, a violation of paragraph (6)
23of subsection (a) is a Class 2 felony with a mandatory minimum
24fine of $1,000 and a maximum fine of $100,000. Where the child
25depicted is under the age of 13, a person who commits a
26violation of paragraph (1), (2), (3), (4), (5), or (7) of

 

 

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1subsection (a) where the defendant has previously been
2convicted under the laws of this State or any other state of
3the offense of child sexual abuse material pornography,
4aggravated child sexual abuse material pornography, aggravated
5criminal sexual abuse, aggravated criminal sexual assault,
6predatory criminal sexual assault of a child, or any of the
7offenses formerly known as rape, deviate sexual assault,
8indecent liberties with a child, or aggravated indecent
9liberties with a child where the victim was under the age of 18
10years or an offense that is substantially equivalent to those
11offenses, is guilty of a Class X felony for which the person
12shall be sentenced to a term of imprisonment of not less than 9
13years with a mandatory minimum fine of $2,000 and a maximum
14fine of $100,000. Where the child depicted is under the age of
1513, a person who commits a violation of paragraph (6) of
16subsection (a) where the defendant has previously been
17convicted under the laws of this State or any other state of
18the offense of child sexual abuse material pornography,
19aggravated child sexual abuse material pornography, aggravated
20criminal sexual abuse, aggravated criminal sexual assault,
21predatory criminal sexual assault of a child, or any of the
22offenses formerly known as rape, deviate sexual assault,
23indecent liberties with a child, or aggravated indecent
24liberties with a child where the victim was under the age of 18
25years or an offense that is substantially equivalent to those
26offenses, is guilty of a Class 1 felony with a mandatory

 

 

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1minimum fine of $1,000 and a maximum fine of $100,000. The
2issue of whether the child depicted is under the age of 13 is
3an element of the offense to be resolved by the trier of fact.
4    (d) If a person is convicted of a second or subsequent
5violation of this Section within 10 years of a prior
6conviction, the court shall order a presentence psychiatric
7examination of the person. The examiner shall report to the
8court whether treatment of the person is necessary.
9    (e) Any film, videotape, photograph or other similar
10visual reproduction or depiction by computer which includes a
11child under the age of 18 or a person with a severe or profound
12intellectual disability engaged in any activity described in
13subparagraphs (i) through (vii) of or paragraph (1) 1 of
14subsection (a), and any material or equipment used or intended
15for use in photographing, filming, printing, producing,
16reproducing, manufacturing, projecting, exhibiting, depiction
17by computer, or disseminating such material shall be seized
18and forfeited in the manner, method and procedure provided by
19Section 36-1 of this Code for the seizure and forfeiture of
20vessels, vehicles and aircraft.
21    In addition, any person convicted under this Section is
22subject to the property forfeiture provisions set forth in
23Article 124B of the Code of Criminal Procedure of 1963.
24    (e-5) Upon the conclusion of a case brought under this
25Section, the court shall seal all evidence depicting a victim
26or witness that is sexually explicit. The evidence may be

 

 

10200HB5490ham001- 74 -LRB102 25922 RLC 36873 a

1unsealed and viewed, on a motion of the party seeking to unseal
2and view the evidence, only for good cause shown and in the
3discretion of the court. The motion must expressly set forth
4the purpose for viewing the material. The State's Attorney
5attorney and the victim, if possible, shall be provided
6reasonable notice of the hearing on the motion to unseal the
7evidence. Any person entitled to notice of a hearing under
8this subsection (e-5) may object to the motion.
9    (f) Definitions. For the purposes of this Section:
10        (1) "Disseminate" means (i) to sell, distribute,
11    exchange or transfer possession, whether with or without
12    consideration or (ii) to make a depiction by computer
13    available for distribution or downloading through the
14    facilities of any telecommunications network or through
15    any other means of transferring computer programs or data
16    to a computer.
17        (2) "Produce" means to direct, promote, advertise,
18    publish, manufacture, issue, present or show.
19        (3) "Reproduce" means to make a duplication or copy.
20        (4) "Depict by computer" means to generate or create,
21    or cause to be created or generated, a computer program or
22    data that, after being processed by a computer either
23    alone or in conjunction with one or more computer
24    programs, results in a visual depiction on a computer
25    monitor, screen, or display.
26        (5) "Depiction by computer" means a computer program

 

 

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1    or data that, after being processed by a computer either
2    alone or in conjunction with one or more computer
3    programs, results in a visual depiction on a computer
4    monitor, screen, or display.
5        (6) "Computer", "computer program", and "data" have
6    the meanings ascribed to them in Section 17.05 of this
7    Code.
8        (7) For the purposes of this Section, "child sexual
9    abuse material pornography" includes a film, videotape,
10    photograph, or other similar visual medium or reproduction
11    or depiction by computer that is, or appears to be, that of
12    a person, either in part, or in total, under the age of 18
13    or a person with a severe or profound intellectual
14    disability, regardless of the method by which the film,
15    videotape, photograph, or other similar visual medium or
16    reproduction or depiction by computer is created, adopted,
17    or modified to appear as such. "Child sexual abuse
18    material pornography" also includes a film, videotape,
19    photograph, or other similar visual medium or reproduction
20    or depiction by computer that is advertised, promoted,
21    presented, described, or distributed in such a manner that
22    conveys the impression that the film, videotape,
23    photograph, or other similar visual medium or reproduction
24    or depiction by computer is of a person under the age of 18
25    or a person with a severe or profound intellectual
26    disability.

 

 

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1    (g) Re-enactment; findings; purposes.
2        (1) The General Assembly finds and declares that:
3            (i) Section 50-5 of Public Act 88-680, effective
4        January 1, 1995, contained provisions amending the
5        child sexual abuse material pornography statute,
6        Section 11-20.1 of the Criminal Code of 1961. Section
7        50-5 also contained other provisions.
8            (ii) In addition, Public Act 88-680 was entitled
9        "AN ACT to create a Safe Neighborhoods Law". (A)
10        Article 5 was entitled JUVENILE JUSTICE and amended
11        the Juvenile Court Act of 1987. (B) Article 15 was
12        entitled GANGS and amended various provisions of the
13        Criminal Code of 1961 and the Unified Code of
14        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
15        and amended various provisions of the Illinois Vehicle
16        Code. (D) Article 25 was entitled DRUG ABUSE and
17        amended the Cannabis Control Act and the Illinois
18        Controlled Substances Act. (E) Article 30 was entitled
19        FIREARMS and amended the Criminal Code of 1961 and the
20        Code of Criminal Procedure of 1963. (F) Article 35
21        amended the Criminal Code of 1961, the Rights of Crime
22        Victims and Witnesses Act, and the Unified Code of
23        Corrections. (G) Article 40 amended the Criminal Code
24        of 1961 to increase the penalty for compelling
25        organization membership of persons. (H) Article 45
26        created the Secure Residential Youth Care Facility

 

 

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1        Licensing Act and amended the State Finance Act, the
2        Juvenile Court Act of 1987, the Unified Code of
3        Corrections, and the Private Correctional Facility
4        Moratorium Act. (I) Article 50 amended the WIC Vendor
5        Management Act, the Firearm Owners Identification Card
6        Act, the Juvenile Court Act of 1987, the Criminal Code
7        of 1961, the Wrongs to Children Act, and the Unified
8        Code of Corrections.
9            (iii) On September 22, 1998, the Third District
10        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
11        ruled that Public Act 88-680 violates the single
12        subject clause of the Illinois Constitution (Article
13        IV, Section 8 (d)) and was unconstitutional in its
14        entirety. As of the time this amendatory Act of 1999
15        was prepared, People v. Dainty was still subject to
16        appeal.
17            (iv) Child sexual abuse material pornography is a
18        vital concern to the people of this State and the
19        validity of future prosecutions under the child sexual
20        abuse material pornography statute of the Criminal
21        Code of 1961 is in grave doubt.
22        (2) It is the purpose of this amendatory Act of 1999 to
23    prevent or minimize any problems relating to prosecutions
24    for child sexual abuse material pornography that may
25    result from challenges to the constitutional validity of
26    Public Act 88-680 by re-enacting the Section relating to

 

 

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1    child sexual abuse material pornography that was included
2    in Public Act 88-680.
3        (3) This amendatory Act of 1999 re-enacts Section
4    11-20.1 of the Criminal Code of 1961, as it has been
5    amended. This re-enactment is intended to remove any
6    question as to the validity or content of that Section; it
7    is not intended to supersede any other Public Act that
8    amends the text of the Section as set forth in this
9    amendatory Act of 1999. The material is shown as existing
10    text (i.e., without underscoring) because, as of the time
11    this amendatory Act of 1999 was prepared, People v. Dainty
12    was subject to appeal to the Illinois Supreme Court.
13        (4) The re-enactment by this amendatory Act of 1999 of
14    Section 11-20.1 of the Criminal Code of 1961 relating to
15    child sexual abuse material pornography that was amended
16    by Public Act 88-680 is not intended, and shall not be
17    construed, to imply that Public Act 88-680 is invalid or
18    to limit or impair any legal argument concerning whether
19    those provisions were substantially re-enacted by other
20    Public Acts.
21(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
 
22    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
23    Sec. 11-20.2. Duty of commercial film and photographic
24print processors or computer technicians to report sexual
25depiction of children.

 

 

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1    (a) Any commercial film and photographic print processor
2or computer technician who has knowledge of or observes,
3within the scope of his professional capacity or employment,
4any film, photograph, videotape, negative, slide, computer
5hard drive or any other magnetic or optical media which
6depicts a child whom the processor or computer technician
7knows or reasonably should know to be under the age of 18 where
8such child is:
9        (i) actually or by simulation engaged in any act of
10    sexual penetration or sexual conduct with any person or
11    animal; or
12        (ii) actually or by simulation engaged in any act of
13    sexual penetration or sexual conduct involving the sex
14    organs of the child and the mouth, anus, or sex organs of
15    another person or animal; or which involves the mouth,
16    anus or sex organs of the child and the sex organs of
17    another person or animal; or
18        (iii) actually or by simulation engaged in any act of
19    masturbation; or
20        (iv) actually or by simulation portrayed as being the
21    object of, or otherwise engaged in, any act of lewd
22    fondling, touching, or caressing involving another person
23    or animal; or
24        (v) actually or by simulation engaged in any act of
25    excretion or urination within a sexual context; or
26        (vi) actually or by simulation portrayed or depicted

 

 

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1    as bound, fettered, or subject to sadistic, masochistic,
2    or sadomasochistic abuse in any sexual context; or
3        (vii) depicted or portrayed in any pose, posture or
4    setting involving a lewd exhibition of the unclothed or
5    transparently clothed genitals, pubic area, buttocks, or,
6    if such person is female, a fully or partially developed
7    breast of the child or other person;
8shall report or cause a report to be made pursuant to
9subsections (b) and (c) as soon as reasonably possible.
10Failure to make such report shall be a business offense with a
11fine of $1,000.
12    (b) Commercial film and photographic film processors shall
13report or cause a report to be made to the local law
14enforcement agency of the jurisdiction in which the image or
15images described in subsection (a) are discovered.
16    (c) Computer technicians shall report or cause the report
17to be made to the local law enforcement agency of the
18jurisdiction in which the image or images described in
19subsection (a) are discovered or to the Illinois Child
20Exploitation e-Tipline at reportchildporn@atg.state.il.us.
21    (d) Reports required by this Act shall include the
22following information: (i) name, address, and telephone number
23of the person filing the report; (ii) the employer of the
24person filing the report, if any; (iii) the name, address and
25telephone number of the person whose property is the subject
26of the report, if known; (iv) the circumstances which led to

 

 

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1the filing of the report, including a description of the
2reported content.
3    (e) If a report is filed with the Cyber Tipline at the
4National Center for Missing and Exploited Children or in
5accordance with the requirements of 42 U.S.C. 13032, the
6requirements of this Act will be deemed to have been met.
7    (f) A computer technician or an employer caused to report
8child sexual abuse material pornography under this Section is
9immune from any criminal, civil, or administrative liability
10in connection with making the report, except for willful or
11wanton misconduct.
12    (g) For the purposes of this Section, a "computer
13technician" is a person who installs, maintains,
14troubleshoots, repairs or upgrades computer hardware,
15software, computer networks, peripheral equipment, electronic
16mail systems, or provides user assistance for any of the
17aforementioned tasks.
18(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
 
19    (720 ILCS 5/11-23)
20    Sec. 11-23. Posting of identifying or graphic information
21on a pornographic Internet site or possessing graphic
22information with pornographic material.
23    (a) A person at least 17 years of age who knowingly
24discloses on an adult obscenity or child sexual abuse material
25pornography Internet site the name, address, telephone number,

 

 

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1or e-mail address of a person under 17 years of age at the time
2of the commission of the offense or of a person at least 17
3years of age without the consent of the person at least 17
4years of age is guilty of posting of identifying information
5on a pornographic Internet site.
6    (a-5) Any person who knowingly places, posts, reproduces,
7or maintains on an adult obscenity or child sexual abuse
8material pornography Internet site a photograph, video, or
9digital image of a person under 18 years of age that is not
10child sexual abuse material pornography under Section 11-20.1,
11without the knowledge and consent of the person under 18 years
12of age, is guilty of posting of graphic information on a
13pornographic Internet site. This provision applies even if the
14person under 18 years of age is fully or properly clothed in
15the photograph, video, or digital image.
16    (a-10) Any person who knowingly places, posts, reproduces,
17or maintains on an adult obscenity or child sexual abuse
18material pornography Internet site, or possesses with obscene
19or child pornographic material a photograph, video, or digital
20image of a person under 18 years of age in which the child is
21posed in a suggestive manner with the focus or concentration
22of the image on the child's clothed genitals, clothed pubic
23area, clothed buttocks area, or if the child is female, the
24breast exposed through transparent clothing, and the
25photograph, video, or digital image is not child sexual abuse
26material pornography under Section 11-20.1, is guilty of

 

 

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1posting of graphic information on a pornographic Internet site
2or possessing graphic information with pornographic material.
3    (b) Sentence. A person who violates subsection (a) of this
4Section is guilty of a Class 4 felony if the victim is at least
517 years of age at the time of the offense and a Class 3 felony
6if the victim is under 17 years of age at the time of the
7offense. A person who violates subsection (a-5) of this
8Section is guilty of a Class 4 felony. A person who violates
9subsection (a-10) of this Section is guilty of a Class 3
10felony.
11    (c) Definitions. For purposes of this Section:
12        (1) "Adult obscenity or child sexual abuse material
13    pornography Internet site" means a site on the Internet
14    that contains material that is obscene as defined in
15    Section 11-20 of this Code or that is child sexual abuse
16    material pornography as defined in Section 11-20.1 of this
17    Code.
18        (2) "Internet" has the meaning set forth in Section
19    16-0.1 of this Code.
20(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
21    (720 ILCS 5/11-25)
22    (Text of Section before amendment by P.A. 102-676)
23    Sec. 11-25. Grooming.
24    (a) A person commits grooming when he or she knowingly
25uses a computer on-line service, Internet service, local

 

 

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1bulletin board service, or any other device capable of
2electronic data storage or transmission to seduce, solicit,
3lure, or entice, or attempt to seduce, solicit, lure, or
4entice, a child, a child's guardian, or another person
5believed by the person to be a child or a child's guardian, to
6commit any sex offense as defined in Section 2 of the Sex
7Offender Registration Act, to distribute photographs depicting
8the sex organs of the child, or to otherwise engage in any
9unlawful sexual conduct with a child or with another person
10believed by the person to be a child. As used in this Section,
11"child" means a person under 17 years of age.
12    (b) Sentence. Grooming is a Class 4 felony.
13(Source: P.A. 100-428, eff. 1-1-18.)
 
14    (Text of Section after amendment by P.A. 102-676)
15    Sec. 11-25. Grooming.
16    (a) A person commits grooming when he or she knowingly:
17        (1) uses a computer on-line service, Internet service,
18    local bulletin board service, or any other device capable
19    of electronic data storage or transmission, performs an
20    act in person or by conduct through a third party, or uses
21    written communication to seduce, solicit, lure, or entice,
22    or attempt to seduce, solicit, lure, or entice, a child, a
23    child's guardian, or another person believed by the person
24    to be a child or a child's guardian, to commit any sex
25    offense as defined in Section 2 of the Sex Offender

 

 

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1    Registration Act, to distribute photographs depicting the
2    sex organs of the child, or to otherwise engage in any
3    unlawful sexual conduct with a child or with another
4    person believed by the person to be a child; or
5        (2) engages in a pattern of conduct that entices,
6    persuades, induces, or coerces a child to engage or
7    participate in criminal sexual activity or is for the
8    purpose of sexual gratification or arousal of the victim,
9    the accused, or another.
10    (a-5) As used in this Section: ,
11    "Child" "child" means a person under 17 years of age.
12    "Pattern" means 2 or more instances of conduct.
13    "Sexual activity" includes masturbation and does not
14require actual or attempted physical contact between 2
15persons.
16    (b) Sentence. Grooming is a Class 4 felony.
17(Source: P.A. 102-676, eff. 6-1-22.)
 
18    (720 ILCS 5/14-3)
19    Sec. 14-3. Exemptions. The following activities shall be
20exempt from the provisions of this Article:
21        (a) Listening to radio, wireless electronic
22    communications, and television communications of any sort
23    where the same are publicly made;
24        (b) Hearing conversation when heard by employees of
25    any common carrier by wire incidental to the normal course

 

 

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1    of their employment in the operation, maintenance or
2    repair of the equipment of such common carrier by wire so
3    long as no information obtained thereby is used or
4    divulged by the hearer;
5        (c) Any broadcast by radio, television or otherwise
6    whether it be a broadcast or recorded for the purpose of
7    later broadcasts of any function where the public is in
8    attendance and the conversations are overheard incidental
9    to the main purpose for which such broadcasts are then
10    being made;
11        (d) Recording or listening with the aid of any device
12    to any emergency communication made in the normal course
13    of operations by any federal, state or local law
14    enforcement agency or institutions dealing in emergency
15    services, including, but not limited to, hospitals,
16    clinics, ambulance services, fire fighting agencies, any
17    public utility, emergency repair facility, civilian
18    defense establishment or military installation;
19        (e) Recording the proceedings of any meeting required
20    to be open by the Open Meetings Act, as amended;
21        (f) Recording or listening with the aid of any device
22    to incoming telephone calls of phone lines publicly listed
23    or advertised as consumer "hotlines" by manufacturers or
24    retailers of food and drug products. Such recordings must
25    be destroyed, erased or turned over to local law
26    enforcement authorities within 24 hours from the time of

 

 

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1    such recording and shall not be otherwise disseminated.
2    Failure on the part of the individual or business
3    operating any such recording or listening device to comply
4    with the requirements of this subsection shall eliminate
5    any civil or criminal immunity conferred upon that
6    individual or business by the operation of this Section;
7        (g) With prior notification to the State's Attorney of
8    the county in which it is to occur, recording or listening
9    with the aid of any device to any conversation where a law
10    enforcement officer, or any person acting at the direction
11    of law enforcement, is a party to the conversation and has
12    consented to it being intercepted or recorded under
13    circumstances where the use of the device is necessary for
14    the protection of the law enforcement officer or any
15    person acting at the direction of law enforcement, in the
16    course of an investigation of a forcible felony, a felony
17    offense of involuntary servitude, involuntary sexual
18    servitude of a minor, or trafficking in persons under
19    Section 10-9 of this Code, an offense involving
20    prostitution, solicitation of a sexual act, or pandering,
21    a felony violation of the Illinois Controlled Substances
22    Act, a felony violation of the Cannabis Control Act, a
23    felony violation of the Methamphetamine Control and
24    Community Protection Act, any "streetgang related" or
25    "gang-related" felony as those terms are defined in the
26    Illinois Streetgang Terrorism Omnibus Prevention Act, or

 

 

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1    any felony offense involving any weapon listed in
2    paragraphs (1) through (11) of subsection (a) of Section
3    24-1 of this Code. Any recording or evidence derived as
4    the result of this exemption shall be inadmissible in any
5    proceeding, criminal, civil or administrative, except (i)
6    where a party to the conversation suffers great bodily
7    injury or is killed during such conversation, or (ii) when
8    used as direct impeachment of a witness concerning matters
9    contained in the interception or recording. The Director
10    of the Illinois State Police shall issue regulations as
11    are necessary concerning the use of devices, retention of
12    tape recordings, and reports regarding their use;
13        (g-5) (Blank);
14        (g-6) With approval of the State's Attorney of the
15    county in which it is to occur, recording or listening
16    with the aid of any device to any conversation where a law
17    enforcement officer, or any person acting at the direction
18    of law enforcement, is a party to the conversation and has
19    consented to it being intercepted or recorded in the
20    course of an investigation of child sexual abuse material
21    pornography, aggravated child sexual abuse material
22    pornography, indecent solicitation of a child, luring of a
23    minor, sexual exploitation of a child, aggravated criminal
24    sexual abuse in which the victim of the offense was at the
25    time of the commission of the offense under 18 years of
26    age, or criminal sexual abuse by force or threat of force

 

 

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1    in which the victim of the offense was at the time of the
2    commission of the offense under 18 years of age. In all
3    such cases, an application for an order approving the
4    previous or continuing use of an eavesdropping device must
5    be made within 48 hours of the commencement of such use. In
6    the absence of such an order, or upon its denial, any
7    continuing use shall immediately terminate. The Director
8    of the Illinois State Police shall issue rules as are
9    necessary concerning the use of devices, retention of
10    recordings, and reports regarding their use. Any recording
11    or evidence obtained or derived in the course of an
12    investigation of child sexual abuse material pornography,
13    aggravated child sexual abuse material pornography,
14    indecent solicitation of a child, luring of a minor,
15    sexual exploitation of a child, aggravated criminal sexual
16    abuse in which the victim of the offense was at the time of
17    the commission of the offense under 18 years of age, or
18    criminal sexual abuse by force or threat of force in which
19    the victim of the offense was at the time of the commission
20    of the offense under 18 years of age shall, upon motion of
21    the State's Attorney or Attorney General prosecuting any
22    case involving child sexual abuse material pornography,
23    aggravated child sexual abuse material pornography,
24    indecent solicitation of a child, luring of a minor,
25    sexual exploitation of a child, aggravated criminal sexual
26    abuse in which the victim of the offense was at the time of

 

 

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1    the commission of the offense under 18 years of age, or
2    criminal sexual abuse by force or threat of force in which
3    the victim of the offense was at the time of the commission
4    of the offense under 18 years of age be reviewed in camera
5    with notice to all parties present by the court presiding
6    over the criminal case, and, if ruled by the court to be
7    relevant and otherwise admissible, it shall be admissible
8    at the trial of the criminal case. Absent such a ruling,
9    any such recording or evidence shall not be admissible at
10    the trial of the criminal case;
11        (h) Recordings made simultaneously with the use of an
12    in-car video camera recording of an oral conversation
13    between a uniformed peace officer, who has identified his
14    or her office, and a person in the presence of the peace
15    officer whenever (i) an officer assigned a patrol vehicle
16    is conducting an enforcement stop; or (ii) patrol vehicle
17    emergency lights are activated or would otherwise be
18    activated if not for the need to conceal the presence of
19    law enforcement.
20        For the purposes of this subsection (h), "enforcement
21    stop" means an action by a law enforcement officer in
22    relation to enforcement and investigation duties,
23    including but not limited to, traffic stops, pedestrian
24    stops, abandoned vehicle contacts, motorist assists,
25    commercial motor vehicle stops, roadside safety checks,
26    requests for identification, or responses to requests for

 

 

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1    emergency assistance;
2        (h-5) Recordings of utterances made by a person while
3    in the presence of a uniformed peace officer and while an
4    occupant of a police vehicle including, but not limited
5    to, (i) recordings made simultaneously with the use of an
6    in-car video camera and (ii) recordings made in the
7    presence of the peace officer utilizing video or audio
8    systems, or both, authorized by the law enforcement
9    agency;
10        (h-10) Recordings made simultaneously with a video
11    camera recording during the use of a taser or similar
12    weapon or device by a peace officer if the weapon or device
13    is equipped with such camera;
14        (h-15) Recordings made under subsection (h), (h-5), or
15    (h-10) shall be retained by the law enforcement agency
16    that employs the peace officer who made the recordings for
17    a storage period of 90 days, unless the recordings are
18    made as a part of an arrest or the recordings are deemed
19    evidence in any criminal, civil, or administrative
20    proceeding and then the recordings must only be destroyed
21    upon a final disposition and an order from the court.
22    Under no circumstances shall any recording be altered or
23    erased prior to the expiration of the designated storage
24    period. Upon completion of the storage period, the
25    recording medium may be erased and reissued for
26    operational use;

 

 

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1        (i) Recording of a conversation made by or at the
2    request of a person, not a law enforcement officer or
3    agent of a law enforcement officer, who is a party to the
4    conversation, under reasonable suspicion that another
5    party to the conversation is committing, is about to
6    commit, or has committed a criminal offense against the
7    person or a member of his or her immediate household, and
8    there is reason to believe that evidence of the criminal
9    offense may be obtained by the recording;
10        (j) The use of a telephone monitoring device by either
11    (1) a corporation or other business entity engaged in
12    marketing or opinion research or (2) a corporation or
13    other business entity engaged in telephone solicitation,
14    as defined in this subsection, to record or listen to oral
15    telephone solicitation conversations or marketing or
16    opinion research conversations by an employee of the
17    corporation or other business entity when:
18            (i) the monitoring is used for the purpose of
19        service quality control of marketing or opinion
20        research or telephone solicitation, the education or
21        training of employees or contractors engaged in
22        marketing or opinion research or telephone
23        solicitation, or internal research related to
24        marketing or opinion research or telephone
25        solicitation; and
26            (ii) the monitoring is used with the consent of at

 

 

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1        least one person who is an active party to the
2        marketing or opinion research conversation or
3        telephone solicitation conversation being monitored.
4        No communication or conversation or any part, portion,
5    or aspect of the communication or conversation made,
6    acquired, or obtained, directly or indirectly, under this
7    exemption (j), may be, directly or indirectly, furnished
8    to any law enforcement officer, agency, or official for
9    any purpose or used in any inquiry or investigation, or
10    used, directly or indirectly, in any administrative,
11    judicial, or other proceeding, or divulged to any third
12    party.
13        When recording or listening authorized by this
14    subsection (j) on telephone lines used for marketing or
15    opinion research or telephone solicitation purposes
16    results in recording or listening to a conversation that
17    does not relate to marketing or opinion research or
18    telephone solicitation; the person recording or listening
19    shall, immediately upon determining that the conversation
20    does not relate to marketing or opinion research or
21    telephone solicitation, terminate the recording or
22    listening and destroy any such recording as soon as is
23    practicable.
24        Business entities that use a telephone monitoring or
25    telephone recording system pursuant to this exemption (j)
26    shall provide current and prospective employees with

 

 

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1    notice that the monitoring or recordings may occur during
2    the course of their employment. The notice shall include
3    prominent signage notification within the workplace.
4        Business entities that use a telephone monitoring or
5    telephone recording system pursuant to this exemption (j)
6    shall provide their employees or agents with access to
7    personal-only telephone lines, which may be pay
8    telephones, that are not subject to telephone monitoring
9    or telephone recording.
10        For the purposes of this subsection (j), "telephone
11    solicitation" means a communication through the use of a
12    telephone by live operators:
13            (i) soliciting the sale of goods or services;
14            (ii) receiving orders for the sale of goods or
15        services;
16            (iii) assisting in the use of goods or services;
17        or
18            (iv) engaging in the solicitation, administration,
19        or collection of bank or retail credit accounts.
20        For the purposes of this subsection (j), "marketing or
21    opinion research" means a marketing or opinion research
22    interview conducted by a live telephone interviewer
23    engaged by a corporation or other business entity whose
24    principal business is the design, conduct, and analysis of
25    polls and surveys measuring the opinions, attitudes, and
26    responses of respondents toward products and services, or

 

 

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1    social or political issues, or both;
2        (k) Electronic recordings, including but not limited
3    to, a motion picture, videotape, digital, or other visual
4    or audio recording, made of a custodial interrogation of
5    an individual at a police station or other place of
6    detention by a law enforcement officer under Section
7    5-401.5 of the Juvenile Court Act of 1987 or Section
8    103-2.1 of the Code of Criminal Procedure of 1963;
9        (l) Recording the interview or statement of any person
10    when the person knows that the interview is being
11    conducted by a law enforcement officer or prosecutor and
12    the interview takes place at a police station that is
13    currently participating in the Custodial Interview Pilot
14    Program established under the Illinois Criminal Justice
15    Information Act;
16        (m) An electronic recording, including but not limited
17    to, a motion picture, videotape, digital, or other visual
18    or audio recording, made of the interior of a school bus
19    while the school bus is being used in the transportation
20    of students to and from school and school-sponsored
21    activities, when the school board has adopted a policy
22    authorizing such recording, notice of such recording
23    policy is included in student handbooks and other
24    documents including the policies of the school, notice of
25    the policy regarding recording is provided to parents of
26    students, and notice of such recording is clearly posted

 

 

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1    on the door of and inside the school bus.
2        Recordings made pursuant to this subsection (m) shall
3    be confidential records and may only be used by school
4    officials (or their designees) and law enforcement
5    personnel for investigations, school disciplinary actions
6    and hearings, proceedings under the Juvenile Court Act of
7    1987, and criminal prosecutions, related to incidents
8    occurring in or around the school bus;
9        (n) Recording or listening to an audio transmission
10    from a microphone placed by a person under the authority
11    of a law enforcement agency inside a bait car surveillance
12    vehicle while simultaneously capturing a photographic or
13    video image;
14        (o) The use of an eavesdropping camera or audio device
15    during an ongoing hostage or barricade situation by a law
16    enforcement officer or individual acting on behalf of a
17    law enforcement officer when the use of such device is
18    necessary to protect the safety of the general public,
19    hostages, or law enforcement officers or anyone acting on
20    their behalf;
21        (p) Recording or listening with the aid of any device
22    to incoming telephone calls of phone lines publicly listed
23    or advertised as the "CPS Violence Prevention Hotline",
24    but only where the notice of recording is given at the
25    beginning of each call as required by Section 34-21.8 of
26    the School Code. The recordings may be retained only by

 

 

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1    the Chicago Police Department or other law enforcement
2    authorities, and shall not be otherwise retained or
3    disseminated;
4        (q)(1) With prior request to and written or verbal
5    approval of the State's Attorney of the county in which
6    the conversation is anticipated to occur, recording or
7    listening with the aid of an eavesdropping device to a
8    conversation in which a law enforcement officer, or any
9    person acting at the direction of a law enforcement
10    officer, is a party to the conversation and has consented
11    to the conversation being intercepted or recorded in the
12    course of an investigation of a qualified offense. The
13    State's Attorney may grant this approval only after
14    determining that reasonable cause exists to believe that
15    inculpatory conversations concerning a qualified offense
16    will occur with a specified individual or individuals
17    within a designated period of time.
18        (2) Request for approval. To invoke the exception
19    contained in this subsection (q), a law enforcement
20    officer shall make a request for approval to the
21    appropriate State's Attorney. The request may be written
22    or verbal; however, a written memorialization of the
23    request must be made by the State's Attorney. This request
24    for approval shall include whatever information is deemed
25    necessary by the State's Attorney but shall include, at a
26    minimum, the following information about each specified

 

 

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1    individual whom the law enforcement officer believes will
2    commit a qualified offense:
3            (A) his or her full or partial name, nickname or
4        alias;
5            (B) a physical description; or
6            (C) failing either (A) or (B) of this paragraph
7        (2), any other supporting information known to the law
8        enforcement officer at the time of the request that
9        gives rise to reasonable cause to believe that the
10        specified individual will participate in an
11        inculpatory conversation concerning a qualified
12        offense.
13        (3) Limitations on approval. Each written approval by
14    the State's Attorney under this subsection (q) shall be
15    limited to:
16            (A) a recording or interception conducted by a
17        specified law enforcement officer or person acting at
18        the direction of a law enforcement officer;
19            (B) recording or intercepting conversations with
20        the individuals specified in the request for approval,
21        provided that the verbal approval shall be deemed to
22        include the recording or intercepting of conversations
23        with other individuals, unknown to the law enforcement
24        officer at the time of the request for approval, who
25        are acting in conjunction with or as co-conspirators
26        with the individuals specified in the request for

 

 

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1        approval in the commission of a qualified offense;
2            (C) a reasonable period of time but in no event
3        longer than 24 consecutive hours;
4            (D) the written request for approval, if
5        applicable, or the written memorialization must be
6        filed, along with the written approval, with the
7        circuit clerk of the jurisdiction on the next business
8        day following the expiration of the authorized period
9        of time, and shall be subject to review by the Chief
10        Judge or his or her designee as deemed appropriate by
11        the court.
12        (3.5) The written memorialization of the request for
13    approval and the written approval by the State's Attorney
14    may be in any format, including via facsimile, email, or
15    otherwise, so long as it is capable of being filed with the
16    circuit clerk.
17        (3.10) Beginning March 1, 2015, each State's Attorney
18    shall annually submit a report to the General Assembly
19    disclosing:
20            (A) the number of requests for each qualified
21        offense for approval under this subsection; and
22            (B) the number of approvals for each qualified
23        offense given by the State's Attorney.
24        (4) Admissibility of evidence. No part of the contents
25    of any wire, electronic, or oral communication that has
26    been recorded or intercepted as a result of this exception

 

 

10200HB5490ham001- 100 -LRB102 25922 RLC 36873 a

1    may be received in evidence in any trial, hearing, or
2    other proceeding in or before any court, grand jury,
3    department, officer, agency, regulatory body, legislative
4    committee, or other authority of this State, or a
5    political subdivision of the State, other than in a
6    prosecution of:
7            (A) the qualified offense for which approval was
8        given to record or intercept a conversation under this
9        subsection (q);
10            (B) a forcible felony committed directly in the
11        course of the investigation of the qualified offense
12        for which approval was given to record or intercept a
13        conversation under this subsection (q); or
14            (C) any other forcible felony committed while the
15        recording or interception was approved in accordance
16        with this subsection (q), but for this specific
17        category of prosecutions, only if the law enforcement
18        officer or person acting at the direction of a law
19        enforcement officer who has consented to the
20        conversation being intercepted or recorded suffers
21        great bodily injury or is killed during the commission
22        of the charged forcible felony.
23        (5) Compliance with the provisions of this subsection
24    is a prerequisite to the admissibility in evidence of any
25    part of the contents of any wire, electronic or oral
26    communication that has been intercepted as a result of

 

 

10200HB5490ham001- 101 -LRB102 25922 RLC 36873 a

1    this exception, but nothing in this subsection shall be
2    deemed to prevent a court from otherwise excluding the
3    evidence on any other ground recognized by State or
4    federal law, nor shall anything in this subsection be
5    deemed to prevent a court from independently reviewing the
6    admissibility of the evidence for compliance with the
7    Fourth Amendment to the U.S. Constitution or with Article
8    I, Section 6 of the Illinois Constitution.
9        (6) Use of recordings or intercepts unrelated to
10    qualified offenses. Whenever any private conversation or
11    private electronic communication has been recorded or
12    intercepted as a result of this exception that is not
13    related to an offense for which the recording or intercept
14    is admissible under paragraph (4) of this subsection (q),
15    no part of the contents of the communication and evidence
16    derived from the communication may be received in evidence
17    in any trial, hearing, or other proceeding in or before
18    any court, grand jury, department, officer, agency,
19    regulatory body, legislative committee, or other authority
20    of this State, or a political subdivision of the State,
21    nor may it be publicly disclosed in any way.
22        (6.5) The Illinois State Police shall adopt rules as
23    are necessary concerning the use of devices, retention of
24    recordings, and reports regarding their use under this
25    subsection (q).
26        (7) Definitions. For the purposes of this subsection

 

 

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1    (q) only:
2            "Forcible felony" includes and is limited to those
3        offenses contained in Section 2-8 of the Criminal Code
4        of 1961 as of the effective date of this amendatory Act
5        of the 97th General Assembly, and only as those
6        offenses have been defined by law or judicial
7        interpretation as of that date.
8            "Qualified offense" means and is limited to:
9                (A) a felony violation of the Cannabis Control
10            Act, the Illinois Controlled Substances Act, or
11            the Methamphetamine Control and Community
12            Protection Act, except for violations of:
13                    (i) Section 4 of the Cannabis Control Act;
14                    (ii) Section 402 of the Illinois
15                Controlled Substances Act; and
16                    (iii) Section 60 of the Methamphetamine
17                Control and Community Protection Act; and
18                (B) first degree murder, solicitation of
19            murder for hire, predatory criminal sexual assault
20            of a child, criminal sexual assault, aggravated
21            criminal sexual assault, aggravated arson,
22            kidnapping, aggravated kidnapping, child
23            abduction, trafficking in persons, involuntary
24            servitude, involuntary sexual servitude of a
25            minor, or gunrunning.
26            "State's Attorney" includes and is limited to the

 

 

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1        State's Attorney or an assistant State's Attorney
2        designated by the State's Attorney to provide verbal
3        approval to record or intercept conversations under
4        this subsection (q).
5        (8) Sunset. This subsection (q) is inoperative on and
6    after January 1, 2023. No conversations intercepted
7    pursuant to this subsection (q), while operative, shall be
8    inadmissible in a court of law by virtue of the
9    inoperability of this subsection (q) on January 1, 2023.
10        (9) Recordings, records, and custody. Any private
11    conversation or private electronic communication
12    intercepted by a law enforcement officer or a person
13    acting at the direction of law enforcement shall, if
14    practicable, be recorded in such a way as will protect the
15    recording from editing or other alteration. Any and all
16    original recordings made under this subsection (q) shall
17    be inventoried without unnecessary delay pursuant to the
18    law enforcement agency's policies for inventorying
19    evidence. The original recordings shall not be destroyed
20    except upon an order of a court of competent jurisdiction;
21    and
22        (r) Electronic recordings, including but not limited
23    to, motion picture, videotape, digital, or other visual or
24    audio recording, made of a lineup under Section 107A-2 of
25    the Code of Criminal Procedure of 1963.
26(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
 

 

 

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1    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
2    Sec. 26-4. Unauthorized video recording and live video
3transmission.
4    (a) It is unlawful for any person to knowingly make a video
5record or transmit live video of another person without that
6person's consent in a restroom, tanning bed, tanning salon,
7locker room, changing room, or hotel bedroom.
8    (a-5) It is unlawful for any person to knowingly make a
9video record or transmit live video of another person in that
10other person's residence without that person's consent.
11    (a-6) It is unlawful for any person to knowingly make a
12video record or transmit live video of another person in that
13other person's residence without that person's consent when
14the recording or transmission is made outside that person's
15residence by use of an audio or video device that records or
16transmits from a remote location.
17    (a-10) It is unlawful for any person to knowingly make a
18video record or transmit live video of another person's
19intimate parts for the purpose of viewing the body of or the
20undergarments worn by that other person without that person's
21consent. For the purposes of this subsection (a-10), "intimate
22parts" means the fully unclothed, partially unclothed, or
23transparently clothed genitals, pubic area, anus, or if the
24person is female, a partially or fully exposed nipple,
25including exposure through transparent clothing.

 

 

10200HB5490ham001- 105 -LRB102 25922 RLC 36873 a

1    (a-15) It is unlawful for any person to place or cause to
2be placed a device that makes a video record or transmits a
3live video in a restroom, tanning bed, tanning salon, locker
4room, changing room, or hotel bedroom with the intent to make a
5video record or transmit live video of another person without
6that person's consent.
7    (a-20) It is unlawful for any person to place or cause to
8be placed a device that makes a video record or transmits a
9live video with the intent to make a video record or transmit
10live video of another person in a that other person's
11residence without that person's consent.
12    (a-25) It is unlawful for any person to, by any means,
13knowingly disseminate, or permit to be disseminated, a video
14record or live video that he or she knows to have been made or
15transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
16or (a-20).
17    (b) Exemptions. The following activities shall be exempt
18from the provisions of this Section:
19        (1) The making of a video record or transmission of
20    live video by law enforcement officers pursuant to a
21    criminal investigation, which is otherwise lawful;
22        (2) The making of a video record or transmission of
23    live video by correctional officials for security reasons
24    or for investigation of alleged misconduct involving a
25    person committed to the Department of Corrections; and
26        (3) The making of a video record or transmission of

 

 

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1    live video in a locker room by a reporter or news medium,
2    as those terms are defined in Section 8-902 of the Code of
3    Civil Procedure, where the reporter or news medium has
4    been granted access to the locker room by an appropriate
5    authority for the purpose of conducting interviews.
6    (c) The provisions of this Section do not apply to any
7sound recording or transmission of an oral conversation made
8as the result of the making of a video record or transmission
9of live video, and to which Article 14 of this Code applies.
10    (d) Sentence.
11        (1) A violation of subsection (a-15) or (a-20) is a
12    Class A misdemeanor.
13        (2) A violation of subsection (a), (a-5), (a-6), or
14    (a-10) is a Class 4 felony.
15        (3) A violation of subsection (a-25) is a Class 3
16    felony.
17        (4) A violation of subsection (a), (a-5), (a-6),
18    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
19    is a person under 18 years of age or if the violation is
20    committed by an individual who is required to register as
21    a sex offender under the Sex Offender Registration Act.
22        (5) A violation of subsection (a-25) is a Class 2
23    felony if the victim is a person under 18 years of age or
24    if the violation is committed by an individual who is
25    required to register as a sex offender under the Sex
26    Offender Registration Act.

 

 

10200HB5490ham001- 107 -LRB102 25922 RLC 36873 a

1    (e) For purposes of this Section:
2        (1) "Residence" includes a rental dwelling, but does
3    not include stairwells, corridors, laundry facilities, or
4    additional areas in which the general public has access.
5        (2) "Video record" means and includes any videotape,
6    photograph, film, or other electronic or digital recording
7    of a still or moving visual image; and "live video" means
8    and includes any real-time or contemporaneous electronic
9    or digital transmission of a still or moving visual image.
10(Source: P.A. 102-567, eff. 1-1-22.)
 
11    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
12    Sec. 36-1. Property subject to forfeiture.
13    (a) Any vessel or watercraft, vehicle, or aircraft is
14subject to forfeiture under this Article if the vessel or
15watercraft, vehicle, or aircraft is used with the knowledge
16and consent of the owner in the commission of or in the attempt
17to commit as defined in Section 8-4 of this Code:
18        (1) an offense prohibited by Section 9-1 (first degree
19    murder), Section 9-3 (involuntary manslaughter and
20    reckless homicide), Section 10-2 (aggravated kidnapping
21    kidnaping), Section 11-1.20 (criminal sexual assault),
22    Section 11-1.30 (aggravated criminal sexual assault),
23    Section 11-1.40 (predatory criminal sexual assault of a
24    child), subsection (a) of Section 11-1.50 (criminal sexual
25    abuse), subsection (a), (c), or (d) of Section 11-1.60

 

 

10200HB5490ham001- 108 -LRB102 25922 RLC 36873 a

1    (aggravated criminal sexual abuse), Section 11-6 (indecent
2    solicitation of a child), Section 11-14.4 (promoting
3    juvenile prostitution except for keeping a place of
4    juvenile prostitution), Section 11-20.1 (child sexual
5    abuse material pornography), paragraph (a)(1), (a)(2),
6    (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4),
7    (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated
8    battery), Section 12-7.3 (stalking), Section 12-7.4
9    (aggravated stalking), Section 16-1 (theft if the theft is
10    of precious metal or of scrap metal), subdivision (f)(2)
11    or (f)(3) of Section 16-25 (retail theft), Section 18-2
12    (armed robbery), Section 19-1 (burglary), Section 19-2
13    (possession of burglary tools), Section 19-3 (residential
14    burglary), Section 20-1 (arson; residential arson; place
15    of worship arson), Section 20-2 (possession of explosives
16    or explosive or incendiary devices), subdivision (a)(6) or
17    (a)(7) of Section 24-1 (unlawful use of weapons), Section
18    24-1.2 (aggravated discharge of a firearm), Section
19    24-1.2-5 (aggravated discharge of a machine gun or a
20    firearm equipped with a device designed or used for
21    silencing the report of a firearm), Section 24-1.5
22    (reckless discharge of a firearm), Section 28-1
23    (gambling), or Section 29D-15.2 (possession of a deadly
24    substance) of this Code;
25        (2) an offense prohibited by Section 21, 22, 23, 24 or
26    26 of the Cigarette Tax Act if the vessel or watercraft,

 

 

10200HB5490ham001- 109 -LRB102 25922 RLC 36873 a

1    vehicle, or aircraft contains more than 10 cartons of such
2    cigarettes;
3        (3) an offense prohibited by Section 28, 29, or 30 of
4    the Cigarette Use Tax Act if the vessel or watercraft,
5    vehicle, or aircraft contains more than 10 cartons of such
6    cigarettes;
7        (4) an offense prohibited by Section 44 of the
8    Environmental Protection Act;
9        (5) an offense prohibited by Section 11-204.1 of the
10    Illinois Vehicle Code (aggravated fleeing or attempting to
11    elude a peace officer);
12        (6) an offense prohibited by Section 11-501 of the
13    Illinois Vehicle Code (driving while under the influence
14    of alcohol or other drug or drugs, intoxicating compound
15    or compounds or any combination thereof) or a similar
16    provision of a local ordinance, and:
17            (A) during a period in which his or her driving
18        privileges are revoked or suspended if the revocation
19        or suspension was for:
20                (i) Section 11-501 (driving under the
21            influence of alcohol or other drug or drugs,
22            intoxicating compound or compounds or any
23            combination thereof),
24                (ii) Section 11-501.1 (statutory summary
25            suspension or revocation),
26                (iii) paragraph (b) of Section 11-401 (motor

 

 

10200HB5490ham001- 110 -LRB102 25922 RLC 36873 a

1            vehicle accidents involving death or personal
2            injuries), or
3                (iv) reckless homicide as defined in Section
4            9-3 of this Code;
5            (B) has been previously convicted of reckless
6        homicide or a similar provision of a law of another
7        state relating to reckless homicide in which the
8        person was determined to have been under the influence
9        of alcohol, other drug or drugs, or intoxicating
10        compound or compounds as an element of the offense or
11        the person has previously been convicted of committing
12        a violation of driving under the influence of alcohol
13        or other drug or drugs, intoxicating compound or
14        compounds or any combination thereof and was involved
15        in a motor vehicle accident that resulted in death,
16        great bodily harm, or permanent disability or
17        disfigurement to another, when the violation was a
18        proximate cause of the death or injuries;
19            (C) the person committed a violation of driving
20        under the influence of alcohol or other drug or drugs,
21        intoxicating compound or compounds or any combination
22        thereof under Section 11-501 of the Illinois Vehicle
23        Code or a similar provision for the third or
24        subsequent time;
25            (D) he or she did not possess a valid driver's
26        license or permit or a valid restricted driving permit

 

 

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1        or a valid judicial driving permit or a valid
2        monitoring device driving permit; or
3            (E) he or she knew or should have known that the
4        vehicle he or she was driving was not covered by a
5        liability insurance policy;
6        (7) an offense described in subsection (g) of Section
7    6-303 of the Illinois Vehicle Code;
8        (8) an offense described in subsection (e) of Section
9    6-101 of the Illinois Vehicle Code; or
10        (9)(A) operating a watercraft under the influence of
11    alcohol, other drug or drugs, intoxicating compound or
12    compounds, or combination thereof under Section 5-16 of
13    the Boat Registration and Safety Act during a period in
14    which his or her privileges to operate a watercraft are
15    revoked or suspended and the revocation or suspension was
16    for operating a watercraft under the influence of alcohol,
17    other drug or drugs, intoxicating compound or compounds,
18    or combination thereof; (B) operating a watercraft under
19    the influence of alcohol, other drug or drugs,
20    intoxicating compound or compounds, or combination thereof
21    and has been previously convicted of reckless homicide or
22    a similar provision of a law in another state relating to
23    reckless homicide in which the person was determined to
24    have been under the influence of alcohol, other drug or
25    drugs, intoxicating compound or compounds, or combination
26    thereof as an element of the offense or the person has

 

 

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1    previously been convicted of committing a violation of
2    operating a watercraft under the influence of alcohol,
3    other drug or drugs, intoxicating compound or compounds,
4    or combination thereof and was involved in an accident
5    that resulted in death, great bodily harm, or permanent
6    disability or disfigurement to another, when the violation
7    was a proximate cause of the death or injuries; or (C) the
8    person committed a violation of operating a watercraft
9    under the influence of alcohol, other drug or drugs,
10    intoxicating compound or compounds, or combination thereof
11    under Section 5-16 of the Boat Registration and Safety Act
12    or a similar provision for the third or subsequent time.
13    (b) In addition, any mobile or portable equipment used in
14the commission of an act which is in violation of Section 7g of
15the Metropolitan Water Reclamation District Act shall be
16subject to seizure and forfeiture under the same procedures
17provided in this Article for the seizure and forfeiture of
18vessels or watercraft, vehicles, and aircraft, and any such
19equipment shall be deemed a vessel or watercraft, vehicle, or
20aircraft for purposes of this Article.
21    (c) In addition, when a person discharges a firearm at
22another individual from a vehicle with the knowledge and
23consent of the owner of the vehicle and with the intent to
24cause death or great bodily harm to that individual and as a
25result causes death or great bodily harm to that individual,
26the vehicle shall be subject to seizure and forfeiture under

 

 

10200HB5490ham001- 113 -LRB102 25922 RLC 36873 a

1the same procedures provided in this Article for the seizure
2and forfeiture of vehicles used in violations of clauses (1),
3(2), (3), or (4) of subsection (a) of this Section.
4    (d) If the spouse of the owner of a vehicle seized for an
5offense described in subsection (g) of Section 6-303 of the
6Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
7(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
811-501 of the Illinois Vehicle Code, or Section 9-3 of this
9Code makes a showing that the seized vehicle is the only source
10of transportation and it is determined that the financial
11hardship to the family as a result of the seizure outweighs the
12benefit to the State from the seizure, the vehicle may be
13forfeited to the spouse or family member and the title to the
14vehicle shall be transferred to the spouse or family member
15who is properly licensed and who requires the use of the
16vehicle for employment or family transportation purposes. A
17written declaration of forfeiture of a vehicle under this
18Section shall be sufficient cause for the title to be
19transferred to the spouse or family member. The provisions of
20this paragraph shall apply only to one forfeiture per vehicle.
21If the vehicle is the subject of a subsequent forfeiture
22proceeding by virtue of a subsequent conviction of either
23spouse or the family member, the spouse or family member to
24whom the vehicle was forfeited under the first forfeiture
25proceeding may not utilize the provisions of this paragraph in
26another forfeiture proceeding. If the owner of the vehicle

 

 

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1seized owns more than one vehicle, the procedure set out in
2this paragraph may be used for only one vehicle.
3    (e) In addition, property subject to forfeiture under
4Section 40 of the Illinois Streetgang Terrorism Omnibus
5Prevention Act may be seized and forfeited under this Article.
6(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
7    Section 55. The Code of Criminal Procedure of 1963 is
8amended by changing Sections 106B-10, 115-7, 115-7.3, 115-7.4,
9124B-10, 124B-100, 124B-420, and 124B-500 as follows:
 
10    (725 ILCS 5/106B-10)
11    Sec. 106B-10. Conditions for testimony by a victim or
12witness who is under 18 years of age or an a child or a
13moderately, severely, or profoundly intellectually disabled
14person or a person affected by a developmental disability. The
15In a prosecution of criminal sexual assault, predatory
16criminal sexual assault of a child, aggravated criminal sexual
17assault, criminal sexual abuse, aggravated criminal sexual
18abuse, or any violent crime as defined in subsection (c) of
19Section 3 of the Rights of Crime Victims and Witnesses Act, the
20court may set any conditions it finds just and appropriate on
21the taking of testimony of a victim or witness who is under 18
22years of age or an intellectually disabled person or a person
23affected by a developmental disability victim who is a child
24under the age of 18 years or a moderately, severely, or

 

 

10200HB5490ham001- 115 -LRB102 25922 RLC 36873 a

1profoundly intellectually disabled person or a person affected
2by a developmental disability, involving the use of a facility
3dog in any criminal proceeding involving that offense. When
4deciding whether to permit the child or person to testify with
5the assistance of a facility dog, the court shall take into
6consideration the age of the child or person, the rights of the
7parties to the litigation, and any other relevant factor that
8would facilitate the giving of testimony by the child or the
9person. As used in this Section, "facility dog" means a dog
10that is a graduate of an assistance dog organization that is a
11member of Assistance Dogs International.
12(Source: P.A. 102-22, eff. 6-25-21.)
 
13    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
14    Sec. 115-7. a. In prosecutions for predatory criminal
15sexual assault of a child, aggravated criminal sexual assault,
16criminal sexual assault, aggravated criminal sexual abuse,
17criminal sexual abuse, involuntary servitude, involuntary
18sexual servitude of a minor, or trafficking in persons or
19criminal transmission of HIV; and in prosecutions for battery
20and aggravated battery, when the commission of the offense
21involves sexual penetration or sexual conduct as defined in
22Section 11-0.1 of the Criminal Code of 2012; and with the trial
23or retrial of the offenses formerly known as rape, deviate
24sexual assault, indecent liberties with a child, and
25aggravated indecent liberties with a child, the prior sexual

 

 

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1activity or the reputation of the alleged victim or
2corroborating witness under Section 115-7.3 of this Code is
3inadmissible except (1) as evidence concerning the past sexual
4conduct of the alleged victim or corroborating witness under
5Section 115-7.3 of this Code with the accused when this
6evidence is offered by the accused upon the issue of whether
7the alleged victim or corroborating witness under Section
8115-7.3 of this Code consented to the sexual conduct with
9respect to which the offense is alleged; or (2) when
10constitutionally required to be admitted.
11    b. No evidence admissible under this Section shall be
12introduced unless ruled admissible by the trial judge after an
13offer of proof has been made at a hearing to be held in camera
14in order to determine whether the defense has evidence to
15impeach the witness in the event that prior sexual activity
16with the defendant is denied. Such offer of proof shall
17include reasonably specific information as to the date, time
18and place of the past sexual conduct between the alleged
19victim or corroborating witness under Section 115-7.3 of this
20Code and the defendant. Unless the court finds that reasonably
21specific information as to date, time or place, or some
22combination thereof, has been offered as to prior sexual
23activity with the defendant, counsel for the defendant shall
24be ordered to refrain from inquiring into prior sexual
25activity between the alleged victim or corroborating witness
26under Section 115-7.3 of this Code and the defendant. The

 

 

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1court shall not admit evidence under this Section unless it
2determines at the hearing that the evidence is relevant and
3the probative value of the evidence outweighs the danger of
4unfair prejudice. The evidence shall be admissible at trial to
5the extent an order made by the court specifies the evidence
6that may be admitted and areas with respect to which the
7alleged victim or corroborating witness under Section 115-7.3
8of this Code may be examined or cross examined.
9(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
10    (725 ILCS 5/115-7.3)
11    Sec. 115-7.3. Evidence in certain cases.
12    (a) This Section applies to criminal cases in which:
13        (1) the defendant is accused of predatory criminal
14    sexual assault of a child, aggravated criminal sexual
15    assault, criminal sexual assault, aggravated criminal
16    sexual abuse, criminal sexual abuse, child sexual abuse
17    material pornography, aggravated child sexual abuse
18    material pornography, involuntary servitude, involuntary
19    sexual servitude of a minor, trafficking in persons,
20    criminal transmission of HIV, or child abduction as
21    defined in paragraph (10) of subsection (b) of Section
22    10-5 of the Criminal Code of 1961 or the Criminal Code of
23    2012;
24        (2) the defendant is accused of battery, aggravated
25    battery, first degree murder, or second degree murder when

 

 

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1    the commission of the offense involves sexual penetration
2    or sexual conduct as defined in Section 11-0.1 of the
3    Criminal Code of 2012; or
4        (3) the defendant is tried or retried for any of the
5    offenses formerly known as rape, deviate sexual assault,
6    indecent liberties with a child, or aggravated indecent
7    liberties with a child.
8    (b) If the defendant is accused of an offense set forth in
9paragraph (1) or (2) of subsection (a) or the defendant is
10tried or retried for any of the offenses set forth in paragraph
11(3) of subsection (a), evidence of the defendant's commission
12of another offense or offenses set forth in paragraph (1),
13(2), or (3) of subsection (a), or evidence to rebut that proof
14or an inference from that proof, may be admissible (if that
15evidence is otherwise admissible under the rules of evidence)
16and may be considered for its bearing on any matter to which it
17is relevant.
18    (c) In weighing the probative value of the evidence
19against undue prejudice to the defendant, the court may
20consider:
21        (1) the proximity in time to the charged or predicate
22    offense;
23        (2) the degree of factual similarity to the charged or
24    predicate offense; or
25        (3) other relevant facts and circumstances.
26    (d) In a criminal case in which the prosecution intends to

 

 

10200HB5490ham001- 119 -LRB102 25922 RLC 36873 a

1offer evidence under this Section, it must disclose the
2evidence, including statements of witnesses or a summary of
3the substance of any testimony, at a reasonable time in
4advance of trial, or during trial if the court excuses
5pretrial notice on good cause shown.
6    (e) In a criminal case in which evidence is offered under
7this Section, proof may be made by specific instances of
8conduct, testimony as to reputation, or testimony in the form
9of an expert opinion, except that the prosecution may offer
10reputation testimony only after the opposing party has offered
11that testimony.
12    (f) In prosecutions for a violation of Section 10-2,
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
1412-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
15Code of 1961 or the Criminal Code of 2012, involving the
16involuntary delivery of a controlled substance to a victim, no
17inference may be made about the fact that a victim did not
18consent to a test for the presence of controlled substances.
19(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
2098-160, eff. 1-1-14.)
 
21    (725 ILCS 5/115-7.4)
22    Sec. 115-7.4. Evidence in domestic violence cases.
23    (a) In a criminal prosecution in which the defendant is
24accused of an offense of domestic violence as defined in
25paragraphs (1) and (3) of Section 103 of the Illinois Domestic

 

 

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1Violence Act of 1986, or first degree murder or second degree
2murder when the commission of the offense involves domestic
3violence, involuntary servitude, involuntary sexual servitude
4of a minor, or trafficking in persons, evidence of the
5defendant's commission of another offense or offenses of
6domestic violence is admissible, and may be considered for its
7bearing on any matter to which it is relevant.
8    (b) In weighing the probative value of the evidence
9against undue prejudice to the defendant, the court may
10consider:
11        (1) the proximity in time to the charged or predicate
12    offense;
13        (2) the degree of factual similarity to the charged or
14    predicate offense; or
15        (3) other relevant facts and circumstances.
16    (c) In a criminal case in which the prosecution intends to
17offer evidence under this Section, it must disclose the
18evidence, including statements of witnesses or a summary of
19the substance of any testimony, at a reasonable time in
20advance of trial, or during trial if the court excuses
21pretrial notice on good cause shown.
22    (d) In a criminal case in which evidence is offered under
23this Section, proof may be made by specific instances of
24conduct, testimony as to reputation, or testimony in the form
25of an expert opinion, except that the prosecution may offer
26reputation testimony only after the opposing party has offered

 

 

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1that testimony.
2(Source: P.A. 97-1036, eff. 8-20-12.)
 
3    (725 ILCS 5/124B-10)
4    Sec. 124B-10. Applicability; offenses. This Article
5applies to forfeiture of property in connection with the
6following:
7        (1) A violation of Section 10-9 or 10A-10 of the
8    Criminal Code of 1961 or the Criminal Code of 2012
9    (involuntary servitude; involuntary servitude of a minor;
10    or trafficking in persons).
11        (2) A violation of subdivision (a)(1) of Section
12    11-14.4 of the Criminal Code of 1961 or the Criminal Code
13    of 2012 (promoting juvenile prostitution) or a violation
14    of Section 11-17.1 of the Criminal Code of 1961 (keeping a
15    place of juvenile prostitution).
16        (3) A violation of subdivision (a)(4) of Section
17    11-14.4 of the Criminal Code of 1961 or the Criminal Code
18    of 2012 (promoting juvenile prostitution) or a violation
19    of Section 11-19.2 of the Criminal Code of 1961
20    (exploitation of a child).
21        (4) A second or subsequent violation of Section 11-20
22    of the Criminal Code of 1961 or the Criminal Code of 2012
23    (obscenity).
24        (5) A violation of Section 11-20.1 of the Criminal
25    Code of 1961 or the Criminal Code of 2012 (child sexual

 

 

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1    abuse material pornography).
2        (6) A violation of Section 11-20.1B or 11-20.3 of the
3    Criminal Code of 1961 (aggravated child sexual abuse
4    material pornography).
5        (6.5) A violation of Section 11-23.5 of the Criminal
6    Code of 2012.
7        (7) A violation of Section 12C-65 of the Criminal Code
8    of 2012 or Article 44 of the Criminal Code of 1961
9    (unlawful transfer of a telecommunications device to a
10    minor).
11        (8) A violation of Section 17-50 or Section 16D-5 of
12    the Criminal Code of 2012 or the Criminal Code of 1961
13    (computer fraud).
14        (9) A felony violation of Section 17-6.3 or Article
15    17B of the Criminal Code of 2012 or the Criminal Code of
16    1961 (WIC fraud).
17        (10) A felony violation of Section 48-1 of the
18    Criminal Code of 2012 or Section 26-5 of the Criminal Code
19    of 1961 (dog fighting).
20        (11) A violation of Article 29D of the Criminal Code
21    of 1961 or the Criminal Code of 2012 (terrorism).
22        (12) A felony violation of Section 4.01 of the Humane
23    Care for Animals Act (animals in entertainment).
24(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
2597-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
266-1-15.)
 

 

 

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1    (725 ILCS 5/124B-100)
2    Sec. 124B-100. Definition; "offense". For purposes of this
3Article, "offense" is defined as follows:
4        (1) In the case of forfeiture authorized under Section
5    10A-15 of the Criminal Code of 1961 or Section 10-9 of the
6    Criminal Code of 2012, "offense" means the offense of
7    involuntary servitude, involuntary servitude of a minor,
8    or trafficking in persons in violation of Section 10-9 or
9    10A-10 of those Codes.
10        (2) In the case of forfeiture authorized under
11    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    "offense" means the offense of promoting juvenile
14    prostitution or keeping a place of juvenile prostitution
15    in violation of subdivision (a)(1) of Section 11-14.4, or
16    Section 11-17.1, of those Codes.
17        (3) In the case of forfeiture authorized under
18    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
19    of the Criminal Code of 1961 or the Criminal Code of 2012,
20    "offense" means the offense of promoting juvenile
21    prostitution or exploitation of a child in violation of
22    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
23    of those Codes.
24        (4) In the case of forfeiture authorized under Section
25    11-20 of the Criminal Code of 1961 or the Criminal Code of

 

 

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1    2012, "offense" means the offense of obscenity in
2    violation of that Section.
3        (5) In the case of forfeiture authorized under Section
4    11-20.1 of the Criminal Code of 1961 or the Criminal Code
5    of 2012, "offense" means the offense of child sexual abuse
6    material pornography in violation of Section 11-20.1 of
7    that Code.
8        (6) In the case of forfeiture authorized under Section
9    11-20.1B or 11-20.3 of the Criminal Code of 1961,
10    "offense" means the offense of aggravated child sexual
11    abuse material pornography in violation of Section
12    11-20.1B or 11-20.3 of that Code.
13        (7) In the case of forfeiture authorized under Section
14    12C-65 of the Criminal Code of 2012 or Article 44 of the
15    Criminal Code of 1961, "offense" means the offense of
16    unlawful transfer of a telecommunications device to a
17    minor in violation of Section 12C-65 or Article 44 of
18    those Codes.
19        (8) In the case of forfeiture authorized under Section
20    17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
21    Code of 2012, "offense" means the offense of computer
22    fraud in violation of Section 17-50 or 16D-5 of those
23    Codes.
24        (9) In the case of forfeiture authorized under Section
25    17-6.3 or Article 17B of the Criminal Code of 1961 or the
26    Criminal Code of 2012, "offense" means any felony

 

 

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1    violation of Section 17-6.3 or Article 17B of those Codes.
2        (10) In the case of forfeiture authorized under
3    Section 29D-65 of the Criminal Code of 1961 or the
4    Criminal Code of 2012, "offense" means any offense under
5    Article 29D of that Code.
6        (11) In the case of forfeiture authorized under
7    Section 4.01 of the Humane Care for Animals Act, Section
8    26-5 of the Criminal Code of 1961, or Section 48-1 of the
9    Criminal Code of 2012, "offense" means any felony offense
10    under either of those Sections.
11        (12) In the case of forfeiture authorized under
12    Section 124B-1000(b) of the Code of Criminal Procedure of
13    1963, "offense" means an offense in violation of the
14    Criminal Code of 1961, the Criminal Code of 2012, the
15    Illinois Controlled Substances Act, the Cannabis Control
16    Act, or the Methamphetamine Control and Community
17    Protection Act, or an offense involving a
18    telecommunications device possessed by a person on the
19    real property of any elementary or secondary school
20    without authority of the school principal.
21(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
2297-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
231-1-13; 97-1150, eff. 1-25-13.)
 
24    (725 ILCS 5/124B-420)
25    Sec. 124B-420. Distribution of property and sale proceeds.

 

 

10200HB5490ham001- 126 -LRB102 25922 RLC 36873 a

1    (a) All moneys and the sale proceeds of all other property
2forfeited and seized under this Part 400 shall be distributed
3as follows:
4        (1) 50% shall be distributed to the unit of local
5    government whose officers or employees conducted the
6    investigation into the offense and caused the arrest or
7    arrests and prosecution leading to the forfeiture, except
8    that if the investigation, arrest or arrests, and
9    prosecution leading to the forfeiture were undertaken by
10    the sheriff, this portion shall be distributed to the
11    county for deposit into a special fund in the county
12    treasury appropriated to the sheriff. Amounts distributed
13    to the county for the sheriff or to units of local
14    government under this paragraph shall be used for
15    enforcement of laws or ordinances governing obscenity and
16    child sexual abuse material pornography. If the
17    investigation, arrest or arrests, and prosecution leading
18    to the forfeiture were undertaken solely by a State
19    agency, however, the portion designated in this paragraph
20    shall be paid into the State treasury to be used for
21    enforcement of laws governing obscenity and child sexual
22    abuse material pornography.
23        (2) 25% shall be distributed to the county in which
24    the prosecution resulting in the forfeiture was
25    instituted, deposited into a special fund in the county
26    treasury, and appropriated to the State's Attorney for use

 

 

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1    in the enforcement of laws governing obscenity and child
2    sexual abuse material pornography.
3        (3) 25% shall be distributed to the Office of the
4    State's Attorneys Appellate Prosecutor and deposited into
5    the Obscenity Profits Forfeiture Fund, which is hereby
6    created in the State treasury, to be used by the Office of
7    the State's Attorneys Appellate Prosecutor for additional
8    expenses incurred in prosecuting appeals arising under
9    Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
10    Criminal Code of 1961 or the Criminal Code of 2012. Any
11    amounts remaining in the Fund after all additional
12    expenses have been paid shall be used by the Office to
13    reduce the participating county contributions to the
14    Office on a pro-rated basis as determined by the board of
15    governors of the Office of the State's Attorneys Appellate
16    Prosecutor based on the populations of the participating
17    counties.
18    (b) Before any distribution under subsection (a), the
19Attorney General or State's Attorney shall retain from the
20forfeited moneys or sale proceeds, or both, sufficient moneys
21to cover expenses related to the administration and sale of
22the forfeited property.
23(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
2497-1150, eff. 1-25-13.)
 
25    (725 ILCS 5/124B-500)

 

 

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1    Sec. 124B-500. Persons and property subject to forfeiture.
2A person who commits child sexual abuse material pornography,
3aggravated child sexual abuse material pornography, or
4non-consensual dissemination of private sexual images under
5Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
6Code of 1961 or the Criminal Code of 2012 shall forfeit the
7following property to the State of Illinois:
8        (1) Any profits or proceeds and any property the
9    person has acquired or maintained in violation of Section
10    11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
11    Code of 1961 or the Criminal Code of 2012 that the
12    sentencing court determines, after a forfeiture hearing
13    under this Article, to have been acquired or maintained as
14    a result of child sexual abuse material pornography,
15    aggravated child sexual abuse material pornography, or
16    non-consensual dissemination of private sexual images.
17        (2) Any interest in, securities of, claim against, or
18    property or contractual right of any kind affording a
19    source of influence over any enterprise that the person
20    has established, operated, controlled, or conducted in
21    violation of Section 11-20.1, 11-20.1B, 11-20.3, or
22    11-23.5 of the Criminal Code of 1961 or the Criminal Code
23    of 2012 that the sentencing court determines, after a
24    forfeiture hearing under this Article, to have been
25    acquired or maintained as a result of child sexual abuse
26    material pornography, aggravated child sexual abuse

 

 

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1    material pornography, or non-consensual dissemination of
2    private sexual images.
3        (3) Any computer that contains a depiction of child
4    sexual abuse material pornography in any encoded or
5    decoded format in violation of Section 11-20.1, 11-20.1B,
6    or 11-20.3 of the Criminal Code of 1961 or the Criminal
7    Code of 2012. For purposes of this paragraph (3),
8    "computer" has the meaning ascribed to it in Section
9    17-0.5 of the Criminal Code of 2012.
10(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
1198-1138, eff. 6-1-15.)
 
12    Section 60. The Statewide Grand Jury Act is amended by
13changing Sections 2 and 3 as follows:
 
14    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
15    Sec. 2. (a) County grand juries and State's Attorneys have
16always had and shall continue to have primary responsibility
17for investigating, indicting, and prosecuting persons who
18violate the criminal laws of the State of Illinois. However,
19in recent years organized terrorist activity directed against
20innocent civilians and certain criminal enterprises have
21developed that require investigation, indictment, and
22prosecution on a statewide or multicounty level. The criminal
23enterprises exist as a result of the allure of profitability
24present in narcotic activity, the unlawful sale and transfer

 

 

10200HB5490ham001- 130 -LRB102 25922 RLC 36873 a

1of firearms, and streetgang related felonies and organized
2terrorist activity is supported by the contribution of money
3and expert assistance from geographically diverse sources. In
4order to shut off the life blood of terrorism and weaken or
5eliminate the criminal enterprises, assets, and property used
6to further these offenses must be frozen, and any profit must
7be removed. State statutes exist that can accomplish that
8goal. Among them are the offense of money laundering,
9violations of Article 29D of the Criminal Code of 1961 or the
10Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
11and gunrunning. Local prosecutors need investigative personnel
12and specialized training to attack and eliminate these
13profits. In light of the transitory and complex nature of
14conduct that constitutes these criminal activities, the many
15diverse property interests that may be used, acquired directly
16or indirectly as a result of these criminal activities, and
17the many places that illegally obtained property may be
18located, it is the purpose of this Act to create a limited,
19multicounty Statewide Grand Jury with authority to
20investigate, indict, and prosecute: narcotic activity,
21including cannabis and controlled substance trafficking,
22narcotics racketeering, money laundering, violations of the
23Cannabis and Controlled Substances Tax Act, and violations of
24Article 29D of the Criminal Code of 1961 or the Criminal Code
25of 2012; the unlawful sale and transfer of firearms;
26gunrunning; and streetgang related felonies.

 

 

10200HB5490ham001- 131 -LRB102 25922 RLC 36873 a

1    (b) A Statewide Grand Jury may also investigate, indict,
2and prosecute violations facilitated by the use of a computer
3of any of the following offenses: indecent solicitation of a
4child, sexual exploitation of a child, soliciting for a
5juvenile prostitute, keeping a place of juvenile prostitution,
6juvenile pimping, child sexual abuse material pornography,
7aggravated child sexual abuse material pornography, or
8promoting juvenile prostitution except as described in
9subdivision (a)(4) of Section 11-14.4 of the Criminal Code of
101961 or the Criminal Code of 2012.
11(Source: P.A. 101-593, eff. 12-4-19.)
 
12    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
13    Sec. 3. Written application for the appointment of a
14Circuit Judge to convene and preside over a Statewide Grand
15Jury, with jurisdiction extending throughout the State, shall
16be made to the Chief Justice of the Supreme Court. Upon such
17written application, the Chief Justice of the Supreme Court
18shall appoint a Circuit Judge from the circuit where the
19Statewide Grand Jury is being sought to be convened, who shall
20make a determination that the convening of a Statewide Grand
21Jury is necessary.
22    In such application the Attorney General shall state that
23the convening of a Statewide Grand Jury is necessary because
24of an alleged offense or offenses set forth in this Section
25involving more than one county of the State and identifying

 

 

10200HB5490ham001- 132 -LRB102 25922 RLC 36873 a

1any such offense alleged; and
2        (a) that he or she believes that the grand jury
3    function for the investigation and indictment of the
4    offense or offenses cannot effectively be performed by a
5    county grand jury together with the reasons for such
6    belief, and
7        (b)(1) that each State's Attorney with jurisdiction
8    over an offense or offenses to be investigated has
9    consented to the impaneling of the Statewide Grand Jury,
10    or
11        (2) if one or more of the State's Attorneys having
12    jurisdiction over an offense or offenses to be
13    investigated fails to consent to the impaneling of the
14    Statewide Grand Jury, the Attorney General shall set forth
15    good cause for impaneling the Statewide Grand Jury.
16    If the Circuit Judge determines that the convening of a
17Statewide Grand Jury is necessary, he or she shall convene and
18impanel the Statewide Grand Jury with jurisdiction extending
19throughout the State to investigate and return indictments:
20        (a) For violations of any of the following or for any
21    other criminal offense committed in the course of
22    violating any of the following: Article 29D of the
23    Criminal Code of 1961 or the Criminal Code of 2012, the
24    Illinois Controlled Substances Act, the Cannabis Control
25    Act, the Methamphetamine Control and Community Protection
26    Act, or the Narcotics Profit Forfeiture Act; a streetgang

 

 

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1    related felony offense; Section 24-2.1, 24-2.2, 24-3,
2    24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
3    24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
4    24-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or
5    the Criminal Code of 2012; or a money laundering offense;
6    provided that the violation or offense involves acts
7    occurring in more than one county of this State; and
8        (a-5) For violations facilitated by the use of a
9    computer, including the use of the Internet, the World
10    Wide Web, electronic mail, message board, newsgroup, or
11    any other commercial or noncommercial on-line service, of
12    any of the following offenses: indecent solicitation of a
13    child, sexual exploitation of a child, soliciting for a
14    juvenile prostitute, keeping a place of juvenile
15    prostitution, juvenile pimping, child sexual abuse
16    material pornography, aggravated child sexual abuse
17    material pornography, or promoting juvenile prostitution
18    except as described in subdivision (a)(4) of Section
19    11-14.4 of the Criminal Code of 1961 or the Criminal Code
20    of 2012; and
21        (b) For the offenses of perjury, subornation of
22    perjury, communicating with jurors and witnesses, and
23    harassment of jurors and witnesses, as they relate to
24    matters before the Statewide Grand Jury.
25    "Streetgang related" has the meaning ascribed to it in
26Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

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1Prevention Act.
2    Upon written application by the Attorney General for the
3convening of an additional Statewide Grand Jury, the Chief
4Justice of the Supreme Court shall appoint a Circuit Judge
5from the circuit for which the additional Statewide Grand Jury
6is sought. The Circuit Judge shall determine the necessity for
7an additional Statewide Grand Jury in accordance with the
8provisions of this Section. No more than 2 Statewide Grand
9Juries may be empaneled at any time.
10(Source: P.A. 101-593, eff. 12-4-19.)
 
11    Section 65. The Unified Code of Corrections is amended by
12changing Sections 3-1-2, 3-12.5-10, 5-5-3, 5-5-3.2, 5-8-1,
135-8-4, 5-9-1.7, and 5-9-1.8 as follows:
 
14    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
15    (Text of Section before amendment by P.A. 102-616)
16    Sec. 3-1-2. Definitions.
17    (a) "Chief Administrative Officer" means the person
18designated by the Director to exercise the powers and duties
19of the Department of Corrections in regard to committed
20persons within a correctional institution or facility, and
21includes the superintendent of any juvenile institution or
22facility.
23    (a-3) "Aftercare release" means the conditional and
24revocable release of a person committed to the Department of

 

 

10200HB5490ham001- 135 -LRB102 25922 RLC 36873 a

1Juvenile Justice under the Juvenile Court Act of 1987, under
2the supervision of the Department of Juvenile Justice.
3    (a-5) "Sex offense" for the purposes of paragraph (16) of
4subsection (a) of Section 3-3-7, paragraph (10) of subsection
5(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
6Section 5-6-3.1 only means:
7        (i) A violation of any of the following Sections of
8    the Criminal Code of 1961 or the Criminal Code of 2012:
9    10-7 (aiding or abetting child abduction under Section
10    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
11    solicitation of a child), 11-6.5 (indecent solicitation of
12    an adult), 11-14.4 (promoting juvenile prostitution),
13    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
14    (keeping a place of juvenile prostitution), 11-18.1
15    (patronizing a juvenile prostitute), 11-19.1 (juvenile
16    pimping), 11-19.2 (exploitation of a child), 11-20.1
17    (child sexual abuse material pornography), 11-20.1B or
18    11-20.3 (aggravated child sexual abuse material
19    pornography), 11-1.40 or 12-14.1 (predatory criminal
20    sexual assault of a child), or 12-33 (ritualized abuse of
21    a child). An attempt to commit any of these offenses.
22        (ii) A violation of any of the following Sections of
23    the Criminal Code of 1961 or the Criminal Code of 2012:
24    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
25    12-14 (aggravated criminal sexual assault), 11-1.60 or
26    12-16 (aggravated criminal sexual abuse), and subsection

 

 

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1    (a) of Section 11-1.50 or subsection (a) of Section 12-15
2    (criminal sexual abuse). An attempt to commit any of these
3    offenses.
4        (iii) A violation of any of the following Sections of
5    the Criminal Code of 1961 or the Criminal Code of 2012 when
6    the defendant is not a parent of the victim:
7            10-1 (kidnapping),
8            10-2 (aggravated kidnapping),
9            10-3 (unlawful restraint),
10            10-3.1 (aggravated unlawful restraint).
11            An attempt to commit any of these offenses.
12        (iv) A violation of any former law of this State
13    substantially equivalent to any offense listed in this
14    subsection (a-5).
15    An offense violating federal law or the law of another
16state that is substantially equivalent to any offense listed
17in this subsection (a-5) shall constitute a sex offense for
18the purpose of this subsection (a-5). A finding or
19adjudication as a sexually dangerous person under any federal
20law or law of another state that is substantially equivalent
21to the Sexually Dangerous Persons Act shall constitute an
22adjudication for a sex offense for the purposes of this
23subsection (a-5).
24    (b) "Commitment" means a judicially determined placement
25in the custody of the Department of Corrections on the basis of
26delinquency or conviction.

 

 

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1    (c) "Committed person" is a person committed to the
2Department, however a committed person shall not be considered
3to be an employee of the Department of Corrections for any
4purpose, including eligibility for a pension, benefits, or any
5other compensation or rights or privileges which may be
6provided to employees of the Department.
7    (c-5) "Computer scrub software" means any third-party
8added software, designed to delete information from the
9computer unit, the hard drive, or other software, which would
10eliminate and prevent discovery of browser activity,
11including, but not limited to, Internet history, address bar
12or bars, cache or caches, and/or cookies, and which would
13over-write files in a way so as to make previous computer
14activity, including, but not limited to, website access, more
15difficult to discover.
16    (c-10) "Content-controlled tablet" means any device that
17can only access visitation applications or content relating to
18educational or personal development.
19    (d) "Correctional institution or facility" means any
20building or part of a building where committed persons are
21kept in a secured manner.
22    (e) "Department" means both the Department of Corrections
23and the Department of Juvenile Justice of this State, unless
24the context is specific to either the Department of
25Corrections or the Department of Juvenile Justice.
26    (f) "Director" means both the Director of Corrections and

 

 

10200HB5490ham001- 138 -LRB102 25922 RLC 36873 a

1the Director of Juvenile Justice, unless the context is
2specific to either the Director of Corrections or the Director
3of Juvenile Justice.
4    (f-5) (Blank).
5    (g) "Discharge" means the final termination of a
6commitment to the Department of Corrections.
7    (h) "Discipline" means the rules and regulations for the
8maintenance of order and the protection of persons and
9property within the institutions and facilities of the
10Department and their enforcement.
11    (i) "Escape" means the intentional and unauthorized
12absence of a committed person from the custody of the
13Department.
14    (j) "Furlough" means an authorized leave of absence from
15the Department of Corrections for a designated purpose and
16period of time.
17    (k) "Parole" means the conditional and revocable release
18of a person committed to the Department of Corrections under
19the supervision of a parole officer.
20    (l) "Prisoner Review Board" means the Board established in
21Section 3-3-1(a), independent of the Department, to review
22rules and regulations with respect to good time credits, to
23hear charges brought by the Department against certain
24prisoners alleged to have violated Department rules with
25respect to good time credits, to set release dates for certain
26prisoners sentenced under the law in effect prior to February

 

 

10200HB5490ham001- 139 -LRB102 25922 RLC 36873 a

11, 1978 (the effective date of Public Act 80-1099), to hear and
2decide the time of aftercare release for persons committed to
3the Department of Juvenile Justice under the Juvenile Court
4Act of 1987 to hear requests and make recommendations to the
5Governor with respect to pardon, reprieve or commutation, to
6set conditions for parole, aftercare release, and mandatory
7supervised release and determine whether violations of those
8conditions justify revocation of parole or release, and to
9assume all other functions previously exercised by the
10Illinois Parole and Pardon Board.
11    (m) Whenever medical treatment, service, counseling, or
12care is referred to in this Unified Code of Corrections, such
13term may be construed by the Department or Court, within its
14discretion, to include treatment, service, or counseling by a
15Christian Science practitioner or nursing care appropriate
16therewith whenever request therefor is made by a person
17subject to the provisions of this Code.
18    (n) "Victim" shall have the meaning ascribed to it in
19subsection (a) of Section 3 of the Rights of Crime Victims and
20Witnesses Act.
21    (o) "Wrongfully imprisoned person" means a person who has
22been discharged from a prison of this State and has received:
23        (1) a pardon from the Governor stating that such
24    pardon is issued on the ground of innocence of the crime
25    for which he or she was imprisoned; or
26        (2) a certificate of innocence from the Circuit Court

 

 

10200HB5490ham001- 140 -LRB102 25922 RLC 36873 a

1    as provided in Section 2-702 of the Code of Civil
2    Procedure.
3(Source: P.A. 102-558, eff. 8-20-21.)
 
4    (Text of Section after amendment by P.A. 102-616)
5    Sec. 3-1-2. Definitions.
6    (a) "Chief Administrative Officer" means the person
7designated by the Director to exercise the powers and duties
8of the Department of Corrections in regard to committed
9persons within a correctional institution or facility, and
10includes the superintendent of any juvenile institution or
11facility.
12    (a-3) "Aftercare release" means the conditional and
13revocable release of a person committed to the Department of
14Juvenile Justice under the Juvenile Court Act of 1987, under
15the supervision of the Department of Juvenile Justice.
16    (a-5) "Sex offense" for the purposes of paragraph (16) of
17subsection (a) of Section 3-3-7, paragraph (10) of subsection
18(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
19Section 5-6-3.1 only means:
20        (i) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012:
22    10-7 (aiding or abetting child abduction under Section
23    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
24    solicitation of a child), 11-6.5 (indecent solicitation of
25    an adult), 11-14.4 (promoting juvenile prostitution),

 

 

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1    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
2    (keeping a place of juvenile prostitution), 11-18.1
3    (patronizing a juvenile prostitute), 11-19.1 (juvenile
4    pimping), 11-19.2 (exploitation of a child), 11-20.1
5    (child sexual abuse material pornography), 11-20.1B or
6    11-20.3 (aggravated child sexual abuse material
7    pornography), 11-1.40 or 12-14.1 (predatory criminal
8    sexual assault of a child), or 12-33 (ritualized abuse of
9    a child). An attempt to commit any of these offenses.
10        (ii) A violation of any of the following Sections of
11    the Criminal Code of 1961 or the Criminal Code of 2012:
12    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
13    12-14 (aggravated criminal sexual assault), 11-1.60 or
14    12-16 (aggravated criminal sexual abuse), and subsection
15    (a) of Section 11-1.50 or subsection (a) of Section 12-15
16    (criminal sexual abuse). An attempt to commit any of these
17    offenses.
18        (iii) A violation of any of the following Sections of
19    the Criminal Code of 1961 or the Criminal Code of 2012 when
20    the defendant is not a parent of the victim:
21            10-1 (kidnapping),
22            10-2 (aggravated kidnapping),
23            10-3 (unlawful restraint),
24            10-3.1 (aggravated unlawful restraint).
25            An attempt to commit any of these offenses.
26        (iv) A violation of any former law of this State

 

 

10200HB5490ham001- 142 -LRB102 25922 RLC 36873 a

1    substantially equivalent to any offense listed in this
2    subsection (a-5).
3    An offense violating federal law or the law of another
4state that is substantially equivalent to any offense listed
5in this subsection (a-5) shall constitute a sex offense for
6the purpose of this subsection (a-5). A finding or
7adjudication as a sexually dangerous person under any federal
8law or law of another state that is substantially equivalent
9to the Sexually Dangerous Persons Act shall constitute an
10adjudication for a sex offense for the purposes of this
11subsection (a-5).
12    (b) "Commitment" means a judicially determined placement
13in the custody of the Department of Corrections on the basis of
14delinquency or conviction.
15    (c) "Committed person" is a person committed to the
16Department, however a committed person shall not be considered
17to be an employee of the Department of Corrections for any
18purpose, including eligibility for a pension, benefits, or any
19other compensation or rights or privileges which may be
20provided to employees of the Department.
21    (c-5) "Computer scrub software" means any third-party
22added software, designed to delete information from the
23computer unit, the hard drive, or other software, which would
24eliminate and prevent discovery of browser activity,
25including, but not limited to, Internet history, address bar
26or bars, cache or caches, and/or cookies, and which would

 

 

10200HB5490ham001- 143 -LRB102 25922 RLC 36873 a

1over-write files in a way so as to make previous computer
2activity, including, but not limited to, website access, more
3difficult to discover.
4    (c-10) "Content-controlled tablet" means any device that
5can only access visitation applications or content relating to
6educational or personal development.
7    (d) "Correctional institution or facility" means any
8building or part of a building where committed persons are
9kept in a secured manner.
10    (d-5) "Correctional officer" means: an employee of the
11Department of Corrections who has custody and control over
12committed persons in an adult correctional facility; or, for
13an employee of the Department of Juvenile Justice, direct care
14staff of persons committed to a juvenile facility.
15    (e) "Department" means both the Department of Corrections
16and the Department of Juvenile Justice of this State, unless
17the context is specific to either the Department of
18Corrections or the Department of Juvenile Justice.
19    (f) "Director" means both the Director of Corrections and
20the Director of Juvenile Justice, unless the context is
21specific to either the Director of Corrections or the Director
22of Juvenile Justice.
23    (f-5) (Blank).
24    (g) "Discharge" means the final termination of a
25commitment to the Department of Corrections.
26    (h) "Discipline" means the rules and regulations for the

 

 

10200HB5490ham001- 144 -LRB102 25922 RLC 36873 a

1maintenance of order and the protection of persons and
2property within the institutions and facilities of the
3Department and their enforcement.
4    (i) "Escape" means the intentional and unauthorized
5absence of a committed person from the custody of the
6Department.
7    (j) "Furlough" means an authorized leave of absence from
8the Department of Corrections for a designated purpose and
9period of time.
10    (k) "Parole" means the conditional and revocable release
11of a person committed to the Department of Corrections under
12the supervision of a parole officer.
13    (l) "Prisoner Review Board" means the Board established in
14Section 3-3-1(a), independent of the Department, to review
15rules and regulations with respect to good time credits, to
16hear charges brought by the Department against certain
17prisoners alleged to have violated Department rules with
18respect to good time credits, to set release dates for certain
19prisoners sentenced under the law in effect prior to February
201, 1978 (the effective date of Public Act 80-1099), to hear and
21decide the time of aftercare release for persons committed to
22the Department of Juvenile Justice under the Juvenile Court
23Act of 1987 to hear requests and make recommendations to the
24Governor with respect to pardon, reprieve or commutation, to
25set conditions for parole, aftercare release, and mandatory
26supervised release and determine whether violations of those

 

 

10200HB5490ham001- 145 -LRB102 25922 RLC 36873 a

1conditions justify revocation of parole or release, and to
2assume all other functions previously exercised by the
3Illinois Parole and Pardon Board.
4    (m) Whenever medical treatment, service, counseling, or
5care is referred to in this Unified Code of Corrections, such
6term may be construed by the Department or Court, within its
7discretion, to include treatment, service, or counseling by a
8Christian Science practitioner or nursing care appropriate
9therewith whenever request therefor is made by a person
10subject to the provisions of this Code.
11    (n) "Victim" shall have the meaning ascribed to it in
12subsection (a) of Section 3 of the Rights of Crime Victims and
13Witnesses Act.
14    (o) "Wrongfully imprisoned person" means a person who has
15been discharged from a prison of this State and has received:
16        (1) a pardon from the Governor stating that such
17    pardon is issued on the ground of innocence of the crime
18    for which he or she was imprisoned; or
19        (2) a certificate of innocence from the Circuit Court
20    as provided in Section 2-702 of the Code of Civil
21    Procedure.
22(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
 
23    (730 ILCS 5/3-12.5-10)
24    (Section scheduled to be repealed on August 24, 2022)
25    Sec. 3-12.5-10. Selection. Inmates may be selected to

 

 

10200HB5490ham001- 146 -LRB102 25922 RLC 36873 a

1participate in the pre-release Prisoner Entrepreneur Education
2Program only if all of the following conditions are met:
3        (1) the inmate is within 3 years of being released
4    from custody of the Department of Corrections;
5        (2) the inmate has not been disciplined by the
6    Department of Corrections within the past year;
7        (3) the inmate has a high school diploma or GED;
8        (4) the inmate has never been convicted of an offense
9    described in Subdivision 5 of Article 11 of the Criminal
10    Code of 2012 (major sex offenses), Subdivision 10 of
11    Article 11 of the Criminal Code of 2012 (vulnerable victim
12    sex offenses), Section 11-20.1 of Subdivision 20 of
13    Article 11 of the Criminal Code of 2012 (child sexual
14    abuse material pornography offenses), or similar offenses
15    under the Criminal Code of 1961;
16        (5) the inmate is not currently affiliated with a
17    gang; and
18        (6) the inmate is committed to personal change.
19(Source: P.A. 100-283, eff. 8-24-17.)
 
20    (730 ILCS 5/5-5-3)
21    Sec. 5-5-3. Disposition.
22    (a) (Blank).
23    (b) (Blank).
24    (c) (1) (Blank).
25    (2) A period of probation, a term of periodic imprisonment

 

 

10200HB5490ham001- 147 -LRB102 25922 RLC 36873 a

1or conditional discharge shall not be imposed for the
2following offenses. The court shall sentence the offender to
3not less than the minimum term of imprisonment set forth in
4this Code for the following offenses, and may order a fine or
5restitution or both in conjunction with such term of
6imprisonment:
7        (A) First degree murder where the death penalty is not
8    imposed.
9        (B) Attempted first degree murder.
10        (C) A Class X felony.
11        (D) A violation of Section 401.1 or 407 of the
12    Illinois Controlled Substances Act, or a violation of
13    subdivision (c)(1.5) of Section 401 of that Act which
14    relates to more than 5 grams of a substance containing
15    fentanyl or an analog thereof.
16        (D-5) A violation of subdivision (c)(1) of Section 401
17    of the Illinois Controlled Substances Act which relates to
18    3 or more grams of a substance containing heroin or an
19    analog thereof.
20        (E) (Blank).
21        (F) A Class 1 or greater felony if the offender had
22    been convicted of a Class 1 or greater felony, including
23    any state or federal conviction for an offense that
24    contained, at the time it was committed, the same elements
25    as an offense now (the date of the offense committed after
26    the prior Class 1 or greater felony) classified as a Class

 

 

10200HB5490ham001- 148 -LRB102 25922 RLC 36873 a

1    1 or greater felony, within 10 years of the date on which
2    the offender committed the offense for which he or she is
3    being sentenced, except as otherwise provided in Section
4    40-10 of the Substance Use Disorder Act.
5        (F-3) A Class 2 or greater felony sex offense or
6    felony firearm offense if the offender had been convicted
7    of a Class 2 or greater felony, including any state or
8    federal conviction for an offense that contained, at the
9    time it was committed, the same elements as an offense now
10    (the date of the offense committed after the prior Class 2
11    or greater felony) classified as a Class 2 or greater
12    felony, within 10 years of the date on which the offender
13    committed the offense for which he or she is being
14    sentenced, except as otherwise provided in Section 40-10
15    of the Substance Use Disorder Act.
16        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
17    of the Criminal Code of 1961 or the Criminal Code of 2012
18    for which imprisonment is prescribed in those Sections.
19        (G) Residential burglary, except as otherwise provided
20    in Section 40-10 of the Substance Use Disorder Act.
21        (H) Criminal sexual assault.
22        (I) Aggravated battery of a senior citizen as
23    described in Section 12-4.6 or subdivision (a)(4) of
24    Section 12-3.05 of the Criminal Code of 1961 or the
25    Criminal Code of 2012.
26        (J) A forcible felony if the offense was related to

 

 

10200HB5490ham001- 149 -LRB102 25922 RLC 36873 a

1    the activities of an organized gang.
2        Before July 1, 1994, for the purposes of this
3    paragraph, "organized gang" means an association of 5 or
4    more persons, with an established hierarchy, that
5    encourages members of the association to perpetrate crimes
6    or provides support to the members of the association who
7    do commit crimes.
8        Beginning July 1, 1994, for the purposes of this
9    paragraph, "organized gang" has the meaning ascribed to it
10    in Section 10 of the Illinois Streetgang Terrorism Omnibus
11    Prevention Act.
12        (K) Vehicular hijacking.
13        (L) A second or subsequent conviction for the offense
14    of hate crime when the underlying offense upon which the
15    hate crime is based is felony aggravated assault or felony
16    mob action.
17        (M) A second or subsequent conviction for the offense
18    of institutional vandalism if the damage to the property
19    exceeds $300.
20        (N) A Class 3 felony violation of paragraph (1) of
21    subsection (a) of Section 2 of the Firearm Owners
22    Identification Card Act.
23        (O) A violation of Section 12-6.1 or 12-6.5 of the
24    Criminal Code of 1961 or the Criminal Code of 2012.
25        (P) A violation of paragraph (1), (2), (3), (4), (5),
26    or (7) of subsection (a) of Section 11-20.1 of the

 

 

10200HB5490ham001- 150 -LRB102 25922 RLC 36873 a

1    Criminal Code of 1961 or the Criminal Code of 2012.
2        (P-5) A violation of paragraph (6) of subsection (a)
3    of Section 11-20.1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 if the victim is a household or
5    family member of the defendant.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) (Blank).
13        (U) A second or subsequent violation of Section 6-303
14    of the Illinois Vehicle Code committed while his or her
15    driver's license, permit, or privilege was revoked because
16    of a violation of Section 9-3 of the Criminal Code of 1961
17    or the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar provision of a law of
19    another state.
20        (V) A violation of paragraph (4) of subsection (c) of
21    Section 11-20.1B or paragraph (4) of subsection (c) of
22    Section 11-20.3 of the Criminal Code of 1961, or paragraph
23    (6) of subsection (a) of Section 11-20.1 of the Criminal
24    Code of 2012 when the victim is under 13 years of age and
25    the defendant has previously been convicted under the laws
26    of this State or any other state of the offense of child

 

 

10200HB5490ham001- 151 -LRB102 25922 RLC 36873 a

1    sexual abuse material pornography, aggravated child sexual
2    abuse material pornography, aggravated criminal sexual
3    abuse, aggravated criminal sexual assault, predatory
4    criminal sexual assault of a child, or any of the offenses
5    formerly known as rape, deviate sexual assault, indecent
6    liberties with a child, or aggravated indecent liberties
7    with a child where the victim was under the age of 18 years
8    or an offense that is substantially equivalent to those
9    offenses.
10        (W) A violation of Section 24-3.5 of the Criminal Code
11    of 1961 or the Criminal Code of 2012.
12        (X) A violation of subsection (a) of Section 31-1a of
13    the Criminal Code of 1961 or the Criminal Code of 2012.
14        (Y) A conviction for unlawful possession of a firearm
15    by a street gang member when the firearm was loaded or
16    contained firearm ammunition.
17        (Z) A Class 1 felony committed while he or she was
18    serving a term of probation or conditional discharge for a
19    felony.
20        (AA) Theft of property exceeding $500,000 and not
21    exceeding $1,000,000 in value.
22        (BB) Laundering of criminally derived property of a
23    value exceeding $500,000.
24        (CC) Knowingly selling, offering for sale, holding for
25    sale, or using 2,000 or more counterfeit items or
26    counterfeit items having a retail value in the aggregate

 

 

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1    of $500,000 or more.
2        (DD) A conviction for aggravated assault under
3    paragraph (6) of subsection (c) of Section 12-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 if the
5    firearm is aimed toward the person against whom the
6    firearm is being used.
7        (EE) A conviction for a violation of paragraph (2) of
8    subsection (a) of Section 24-3B of the Criminal Code of
9    2012.
10    (3) (Blank).
11    (4) A minimum term of imprisonment of not less than 10
12consecutive days or 30 days of community service shall be
13imposed for a violation of paragraph (c) of Section 6-303 of
14the Illinois Vehicle Code.
15    (4.1) (Blank).
16    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
17this subsection (c), a minimum of 100 hours of community
18service shall be imposed for a second violation of Section
196-303 of the Illinois Vehicle Code.
20    (4.3) A minimum term of imprisonment of 30 days or 300
21hours of community service, as determined by the court, shall
22be imposed for a second violation of subsection (c) of Section
236-303 of the Illinois Vehicle Code.
24    (4.4) Except as provided in paragraphs (4.5), (4.6), and
25(4.9) of this subsection (c), a minimum term of imprisonment
26of 30 days or 300 hours of community service, as determined by

 

 

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1the court, shall be imposed for a third or subsequent
2violation of Section 6-303 of the Illinois Vehicle Code. The
3court may give credit toward the fulfillment of community
4service hours for participation in activities and treatment as
5determined by court services.
6    (4.5) A minimum term of imprisonment of 30 days shall be
7imposed for a third violation of subsection (c) of Section
86-303 of the Illinois Vehicle Code.
9    (4.6) Except as provided in paragraph (4.10) of this
10subsection (c), a minimum term of imprisonment of 180 days
11shall be imposed for a fourth or subsequent violation of
12subsection (c) of Section 6-303 of the Illinois Vehicle Code.
13    (4.7) A minimum term of imprisonment of not less than 30
14consecutive days, or 300 hours of community service, shall be
15imposed for a violation of subsection (a-5) of Section 6-303
16of the Illinois Vehicle Code, as provided in subsection (b-5)
17of that Section.
18    (4.8) A mandatory prison sentence shall be imposed for a
19second violation of subsection (a-5) of Section 6-303 of the
20Illinois Vehicle Code, as provided in subsection (c-5) of that
21Section. The person's driving privileges shall be revoked for
22a period of not less than 5 years from the date of his or her
23release from prison.
24    (4.9) A mandatory prison sentence of not less than 4 and
25not more than 15 years shall be imposed for a third violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1Code, as provided in subsection (d-2.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (4.10) A mandatory prison sentence for a Class 1 felony
5shall be imposed, and the person shall be eligible for an
6extended term sentence, for a fourth or subsequent violation
7of subsection (a-5) of Section 6-303 of the Illinois Vehicle
8Code, as provided in subsection (d-3.5) of that Section. The
9person's driving privileges shall be revoked for the remainder
10of his or her life.
11    (5) The court may sentence a corporation or unincorporated
12association convicted of any offense to:
13        (A) a period of conditional discharge;
14        (B) a fine;
15        (C) make restitution to the victim under Section 5-5-6
16    of this Code.
17    (5.1) In addition to any other penalties imposed, and
18except as provided in paragraph (5.2) or (5.3), a person
19convicted of violating subsection (c) of Section 11-907 of the
20Illinois Vehicle Code shall have his or her driver's license,
21permit, or privileges suspended for at least 90 days but not
22more than one year, if the violation resulted in damage to the
23property of another person.
24    (5.2) In addition to any other penalties imposed, and
25except as provided in paragraph (5.3), a person convicted of
26violating subsection (c) of Section 11-907 of the Illinois

 

 

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1Vehicle Code shall have his or her driver's license, permit,
2or privileges suspended for at least 180 days but not more than
32 years, if the violation resulted in injury to another
4person.
5    (5.3) In addition to any other penalties imposed, a person
6convicted of violating subsection (c) of Section 11-907 of the
7Illinois Vehicle Code shall have his or her driver's license,
8permit, or privileges suspended for 2 years, if the violation
9resulted in the death of another person.
10    (5.4) In addition to any other penalties imposed, a person
11convicted of violating Section 3-707 of the Illinois Vehicle
12Code shall have his or her driver's license, permit, or
13privileges suspended for 3 months and until he or she has paid
14a reinstatement fee of $100.
15    (5.5) In addition to any other penalties imposed, a person
16convicted of violating Section 3-707 of the Illinois Vehicle
17Code during a period in which his or her driver's license,
18permit, or privileges were suspended for a previous violation
19of that Section shall have his or her driver's license,
20permit, or privileges suspended for an additional 6 months
21after the expiration of the original 3-month suspension and
22until he or she has paid a reinstatement fee of $100.
23    (6) (Blank).
24    (7) (Blank).
25    (8) (Blank).
26    (9) A defendant convicted of a second or subsequent

 

 

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1offense of ritualized abuse of a child may be sentenced to a
2term of natural life imprisonment.
3    (10) (Blank).
4    (11) The court shall impose a minimum fine of $1,000 for a
5first offense and $2,000 for a second or subsequent offense
6upon a person convicted of or placed on supervision for
7battery when the individual harmed was a sports official or
8coach at any level of competition and the act causing harm to
9the sports official or coach occurred within an athletic
10facility or within the immediate vicinity of the athletic
11facility at which the sports official or coach was an active
12participant of the athletic contest held at the athletic
13facility. For the purposes of this paragraph (11), "sports
14official" means a person at an athletic contest who enforces
15the rules of the contest, such as an umpire or referee;
16"athletic facility" means an indoor or outdoor playing field
17or recreational area where sports activities are conducted;
18and "coach" means a person recognized as a coach by the
19sanctioning authority that conducted the sporting event.
20    (12) A person may not receive a disposition of court
21supervision for a violation of Section 5-16 of the Boat
22Registration and Safety Act if that person has previously
23received a disposition of court supervision for a violation of
24that Section.
25    (13) A person convicted of or placed on court supervision
26for an assault or aggravated assault when the victim and the

 

 

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1offender are family or household members as defined in Section
2103 of the Illinois Domestic Violence Act of 1986 or convicted
3of domestic battery or aggravated domestic battery may be
4required to attend a Partner Abuse Intervention Program under
5protocols set forth by the Illinois Department of Human
6Services under such terms and conditions imposed by the court.
7The costs of such classes shall be paid by the offender.
8    (d) In any case in which a sentence originally imposed is
9vacated, the case shall be remanded to the trial court. The
10trial court shall hold a hearing under Section 5-4-1 of this
11Code which may include evidence of the defendant's life, moral
12character and occupation during the time since the original
13sentence was passed. The trial court shall then impose
14sentence upon the defendant. The trial court may impose any
15sentence which could have been imposed at the original trial
16subject to Section 5-5-4 of this Code. If a sentence is vacated
17on appeal or on collateral attack due to the failure of the
18trier of fact at trial to determine beyond a reasonable doubt
19the existence of a fact (other than a prior conviction)
20necessary to increase the punishment for the offense beyond
21the statutory maximum otherwise applicable, either the
22defendant may be re-sentenced to a term within the range
23otherwise provided or, if the State files notice of its
24intention to again seek the extended sentence, the defendant
25shall be afforded a new trial.
26    (e) In cases where prosecution for aggravated criminal

 

 

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1sexual abuse under Section 11-1.60 or 12-16 of the Criminal
2Code of 1961 or the Criminal Code of 2012 results in conviction
3of a defendant who was a family member of the victim at the
4time of the commission of the offense, the court shall
5consider the safety and welfare of the victim and may impose a
6sentence of probation only where:
7        (1) the court finds (A) or (B) or both are
8    appropriate:
9            (A) the defendant is willing to undergo a court
10        approved counseling program for a minimum duration of
11        2 years; or
12            (B) the defendant is willing to participate in a
13        court approved plan, including, but not limited to,
14        the defendant's:
15                (i) removal from the household;
16                (ii) restricted contact with the victim;
17                (iii) continued financial support of the
18            family;
19                (iv) restitution for harm done to the victim;
20            and
21                (v) compliance with any other measures that
22            the court may deem appropriate; and
23        (2) the court orders the defendant to pay for the
24    victim's counseling services, to the extent that the court
25    finds, after considering the defendant's income and
26    assets, that the defendant is financially capable of

 

 

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1    paying for such services, if the victim was under 18 years
2    of age at the time the offense was committed and requires
3    counseling as a result of the offense.
4    Probation may be revoked or modified pursuant to Section
55-6-4; except where the court determines at the hearing that
6the defendant violated a condition of his or her probation
7restricting contact with the victim or other family members or
8commits another offense with the victim or other family
9members, the court shall revoke the defendant's probation and
10impose a term of imprisonment.
11    For the purposes of this Section, "family member" and
12"victim" shall have the meanings ascribed to them in Section
1311-0.1 of the Criminal Code of 2012.
14    (f) (Blank).
15    (g) Whenever a defendant is convicted of an offense under
16Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1711-14.3, 11-14.4 except for an offense that involves keeping a
18place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1911-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2012-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
21Criminal Code of 2012, the defendant shall undergo medical
22testing to determine whether the defendant has any sexually
23transmissible disease, including a test for infection with
24human immunodeficiency virus (HIV) or any other identified
25causative agent of acquired immunodeficiency syndrome (AIDS).
26Any such medical test shall be performed only by appropriately

 

 

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1licensed medical practitioners and may include an analysis of
2any bodily fluids as well as an examination of the defendant's
3person. Except as otherwise provided by law, the results of
4such test shall be kept strictly confidential by all medical
5personnel involved in the testing and must be personally
6delivered in a sealed envelope to the judge of the court in
7which the conviction was entered for the judge's inspection in
8camera. Acting in accordance with the best interests of the
9victim and the public, the judge shall have the discretion to
10determine to whom, if anyone, the results of the testing may be
11revealed. The court shall notify the defendant of the test
12results. The court shall also notify the victim if requested
13by the victim, and if the victim is under the age of 15 and if
14requested by the victim's parents or legal guardian, the court
15shall notify the victim's parents or legal guardian of the
16test results. The court shall provide information on the
17availability of HIV testing and counseling at Department of
18Public Health facilities to all parties to whom the results of
19the testing are revealed and shall direct the State's Attorney
20to provide the information to the victim when possible. The
21court shall order that the cost of any such test shall be paid
22by the county and may be taxed as costs against the convicted
23defendant.
24    (g-5) When an inmate is tested for an airborne
25communicable disease, as determined by the Illinois Department
26of Public Health, including, but not limited to, tuberculosis,

 

 

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1the results of the test shall be personally delivered by the
2warden or his or her designee in a sealed envelope to the judge
3of the court in which the inmate must appear for the judge's
4inspection in camera if requested by the judge. Acting in
5accordance with the best interests of those in the courtroom,
6the judge shall have the discretion to determine what if any
7precautions need to be taken to prevent transmission of the
8disease in the courtroom.
9    (h) Whenever a defendant is convicted of an offense under
10Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
11defendant shall undergo medical testing to determine whether
12the defendant has been exposed to human immunodeficiency virus
13(HIV) or any other identified causative agent of acquired
14immunodeficiency syndrome (AIDS). Except as otherwise provided
15by law, the results of such test shall be kept strictly
16confidential by all medical personnel involved in the testing
17and must be personally delivered in a sealed envelope to the
18judge of the court in which the conviction was entered for the
19judge's inspection in camera. Acting in accordance with the
20best interests of the public, the judge shall have the
21discretion to determine to whom, if anyone, the results of the
22testing may be revealed. The court shall notify the defendant
23of a positive test showing an infection with the human
24immunodeficiency virus (HIV). The court shall provide
25information on the availability of HIV testing and counseling
26at Department of Public Health facilities to all parties to

 

 

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1whom the results of the testing are revealed and shall direct
2the State's Attorney to provide the information to the victim
3when possible. The court shall order that the cost of any such
4test shall be paid by the county and may be taxed as costs
5against the convicted defendant.
6    (i) All fines and penalties imposed under this Section for
7any violation of Chapters 3, 4, 6, and 11 of the Illinois
8Vehicle Code, or a similar provision of a local ordinance, and
9any violation of the Child Passenger Protection Act, or a
10similar provision of a local ordinance, shall be collected and
11disbursed by the circuit clerk as provided under the Criminal
12and Traffic Assessment Act.
13    (j) In cases when prosecution for any violation of Section
1411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1711-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1812-15, or 12-16 of the Criminal Code of 1961 or the Criminal
19Code of 2012, any violation of the Illinois Controlled
20Substances Act, any violation of the Cannabis Control Act, or
21any violation of the Methamphetamine Control and Community
22Protection Act results in conviction, a disposition of court
23supervision, or an order of probation granted under Section 10
24of the Cannabis Control Act, Section 410 of the Illinois
25Controlled Substances Act, or Section 70 of the
26Methamphetamine Control and Community Protection Act of a

 

 

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1defendant, the court shall determine whether the defendant is
2employed by a facility or center as defined under the Child
3Care Act of 1969, a public or private elementary or secondary
4school, or otherwise works with children under 18 years of age
5on a daily basis. When a defendant is so employed, the court
6shall order the Clerk of the Court to send a copy of the
7judgment of conviction or order of supervision or probation to
8the defendant's employer by certified mail. If the employer of
9the defendant is a school, the Clerk of the Court shall direct
10the mailing of a copy of the judgment of conviction or order of
11supervision or probation to the appropriate regional
12superintendent of schools. The regional superintendent of
13schools shall notify the State Board of Education of any
14notification under this subsection.
15    (j-5) A defendant at least 17 years of age who is convicted
16of a felony and who has not been previously convicted of a
17misdemeanor or felony and who is sentenced to a term of
18imprisonment in the Illinois Department of Corrections shall
19as a condition of his or her sentence be required by the court
20to attend educational courses designed to prepare the
21defendant for a high school diploma and to work toward a high
22school diploma or to work toward passing high school
23equivalency testing or to work toward completing a vocational
24training program offered by the Department of Corrections. If
25a defendant fails to complete the educational training
26required by his or her sentence during the term of

 

 

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1incarceration, the Prisoner Review Board shall, as a condition
2of mandatory supervised release, require the defendant, at his
3or her own expense, to pursue a course of study toward a high
4school diploma or passage of high school equivalency testing.
5The Prisoner Review Board shall revoke the mandatory
6supervised release of a defendant who wilfully fails to comply
7with this subsection (j-5) upon his or her release from
8confinement in a penal institution while serving a mandatory
9supervised release term; however, the inability of the
10defendant after making a good faith effort to obtain financial
11aid or pay for the educational training shall not be deemed a
12wilful failure to comply. The Prisoner Review Board shall
13recommit the defendant whose mandatory supervised release term
14has been revoked under this subsection (j-5) as provided in
15Section 3-3-9. This subsection (j-5) does not apply to a
16defendant who has a high school diploma or has successfully
17passed high school equivalency testing. This subsection (j-5)
18does not apply to a defendant who is determined by the court to
19be a person with a developmental disability or otherwise
20mentally incapable of completing the educational or vocational
21program.
22    (k) (Blank).
23    (l) (A) Except as provided in paragraph (C) of subsection
24(l), whenever a defendant, who is an alien as defined by the
25Immigration and Nationality Act, is convicted of any felony or
26misdemeanor offense, the court after sentencing the defendant

 

 

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1may, upon motion of the State's Attorney, hold sentence in
2abeyance and remand the defendant to the custody of the
3Attorney General of the United States or his or her designated
4agent to be deported when:
5        (1) a final order of deportation has been issued
6    against the defendant pursuant to proceedings under the
7    Immigration and Nationality Act, and
8        (2) the deportation of the defendant would not
9    deprecate the seriousness of the defendant's conduct and
10    would not be inconsistent with the ends of justice.
11    Otherwise, the defendant shall be sentenced as provided in
12this Chapter V.
13    (B) If the defendant has already been sentenced for a
14felony or misdemeanor offense, or has been placed on probation
15under Section 10 of the Cannabis Control Act, Section 410 of
16the Illinois Controlled Substances Act, or Section 70 of the
17Methamphetamine Control and Community Protection Act, the
18court may, upon motion of the State's Attorney to suspend the
19sentence imposed, commit the defendant to the custody of the
20Attorney General of the United States or his or her designated
21agent when:
22        (1) a final order of deportation has been issued
23    against the defendant pursuant to proceedings under the
24    Immigration and Nationality Act, and
25        (2) the deportation of the defendant would not
26    deprecate the seriousness of the defendant's conduct and

 

 

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1    would not be inconsistent with the ends of justice.
2    (C) This subsection (l) does not apply to offenders who
3are subject to the provisions of paragraph (2) of subsection
4(a) of Section 3-6-3.
5    (D) Upon motion of the State's Attorney, if a defendant
6sentenced under this Section returns to the jurisdiction of
7the United States, the defendant shall be recommitted to the
8custody of the county from which he or she was sentenced.
9Thereafter, the defendant shall be brought before the
10sentencing court, which may impose any sentence that was
11available under Section 5-5-3 at the time of initial
12sentencing. In addition, the defendant shall not be eligible
13for additional earned sentence credit as provided under
14Section 3-6-3.
15    (m) A person convicted of criminal defacement of property
16under Section 21-1.3 of the Criminal Code of 1961 or the
17Criminal Code of 2012, in which the property damage exceeds
18$300 and the property damaged is a school building, shall be
19ordered to perform community service that may include cleanup,
20removal, or painting over the defacement.
21    (n) The court may sentence a person convicted of a
22violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
23subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
24of 1961 or the Criminal Code of 2012 (i) to an impact
25incarceration program if the person is otherwise eligible for
26that program under Section 5-8-1.1, (ii) to community service,

 

 

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1or (iii) if the person has a substance use disorder, as defined
2in the Substance Use Disorder Act, to a treatment program
3licensed under that Act.
4    (o) Whenever a person is convicted of a sex offense as
5defined in Section 2 of the Sex Offender Registration Act, the
6defendant's driver's license or permit shall be subject to
7renewal on an annual basis in accordance with the provisions
8of license renewal established by the Secretary of State.
9(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
10102-531, eff. 1-1-22; revised 10-12-21.)
 
11    (730 ILCS 5/5-5-3.2)
12    (Text of Section before amendment by P.A. 101-652)
13    Sec. 5-5-3.2. Factors in aggravation and extended-term
14sentencing.
15    (a) The following factors shall be accorded weight in
16favor of imposing a term of imprisonment or may be considered
17by the court as reasons to impose a more severe sentence under
18Section 5-8-1 or Article 4.5 of Chapter V:
19        (1) the defendant's conduct caused or threatened
20    serious harm;
21        (2) the defendant received compensation for committing
22    the offense;
23        (3) the defendant has a history of prior delinquency
24    or criminal activity;
25        (4) the defendant, by the duties of his office or by

 

 

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1    his position, was obliged to prevent the particular
2    offense committed or to bring the offenders committing it
3    to justice;
4        (5) the defendant held public office at the time of
5    the offense, and the offense related to the conduct of
6    that office;
7        (6) the defendant utilized his professional reputation
8    or position in the community to commit the offense, or to
9    afford him an easier means of committing it;
10        (7) the sentence is necessary to deter others from
11    committing the same crime;
12        (8) the defendant committed the offense against a
13    person 60 years of age or older or such person's property;
14        (9) the defendant committed the offense against a
15    person who has a physical disability or such person's
16    property;
17        (10) by reason of another individual's actual or
18    perceived race, color, creed, religion, ancestry, gender,
19    sexual orientation, physical or mental disability, or
20    national origin, the defendant committed the offense
21    against (i) the person or property of that individual;
22    (ii) the person or property of a person who has an
23    association with, is married to, or has a friendship with
24    the other individual; or (iii) the person or property of a
25    relative (by blood or marriage) of a person described in
26    clause (i) or (ii). For the purposes of this Section,

 

 

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1    "sexual orientation" has the meaning ascribed to it in
2    paragraph (O-1) of Section 1-103 of the Illinois Human
3    Rights Act;
4        (11) the offense took place in a place of worship or on
5    the grounds of a place of worship, immediately prior to,
6    during or immediately following worship services. For
7    purposes of this subparagraph, "place of worship" shall
8    mean any church, synagogue or other building, structure or
9    place used primarily for religious worship;
10        (12) the defendant was convicted of a felony committed
11    while he was released on bail or his own recognizance
12    pending trial for a prior felony and was convicted of such
13    prior felony, or the defendant was convicted of a felony
14    committed while he was serving a period of probation,
15    conditional discharge, or mandatory supervised release
16    under subsection (d) of Section 5-8-1 for a prior felony;
17        (13) the defendant committed or attempted to commit a
18    felony while he was wearing a bulletproof vest. For the
19    purposes of this paragraph (13), a bulletproof vest is any
20    device which is designed for the purpose of protecting the
21    wearer from bullets, shot or other lethal projectiles;
22        (14) the defendant held a position of trust or
23    supervision such as, but not limited to, family member as
24    defined in Section 11-0.1 of the Criminal Code of 2012,
25    teacher, scout leader, baby sitter, or day care worker, in
26    relation to a victim under 18 years of age, and the

 

 

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1    defendant committed an offense in violation of Section
2    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
3    11-14.4 except for an offense that involves keeping a
4    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
5    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
6    or 12-16 of the Criminal Code of 1961 or the Criminal Code
7    of 2012 against that victim;
8        (15) the defendant committed an offense related to the
9    activities of an organized gang. For the purposes of this
10    factor, "organized gang" has the meaning ascribed to it in
11    Section 10 of the Streetgang Terrorism Omnibus Prevention
12    Act;
13        (16) the defendant committed an offense in violation
14    of one of the following Sections while in a school,
15    regardless of the time of day or time of year; on any
16    conveyance owned, leased, or contracted by a school to
17    transport students to or from school or a school related
18    activity; on the real property of a school; or on a public
19    way within 1,000 feet of the real property comprising any
20    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25    for subdivision (a)(4) or (g)(1), of the Criminal Code of
26    1961 or the Criminal Code of 2012;

 

 

10200HB5490ham001- 171 -LRB102 25922 RLC 36873 a

1        (16.5) the defendant committed an offense in violation
2    of one of the following Sections while in a day care
3    center, regardless of the time of day or time of year; on
4    the real property of a day care center, regardless of the
5    time of day or time of year; or on a public way within
6    1,000 feet of the real property comprising any day care
7    center, regardless of the time of day or time of year:
8    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12    18-2, or 33A-2, or Section 12-3.05 except for subdivision
13    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14    Criminal Code of 2012;
15        (17) the defendant committed the offense by reason of
16    any person's activity as a community policing volunteer or
17    to prevent any person from engaging in activity as a
18    community policing volunteer. For the purpose of this
19    Section, "community policing volunteer" has the meaning
20    ascribed to it in Section 2-3.5 of the Criminal Code of
21    2012;
22        (18) the defendant committed the offense in a nursing
23    home or on the real property comprising a nursing home.
24    For the purposes of this paragraph (18), "nursing home"
25    means a skilled nursing or intermediate long term care
26    facility that is subject to license by the Illinois

 

 

10200HB5490ham001- 172 -LRB102 25922 RLC 36873 a

1    Department of Public Health under the Nursing Home Care
2    Act, the Specialized Mental Health Rehabilitation Act of
3    2013, the ID/DD Community Care Act, or the MC/DD Act;
4        (19) the defendant was a federally licensed firearm
5    dealer and was previously convicted of a violation of
6    subsection (a) of Section 3 of the Firearm Owners
7    Identification Card Act and has now committed either a
8    felony violation of the Firearm Owners Identification Card
9    Act or an act of armed violence while armed with a firearm;
10        (20) the defendant (i) committed the offense of
11    reckless homicide under Section 9-3 of the Criminal Code
12    of 1961 or the Criminal Code of 2012 or the offense of
13    driving under the influence of alcohol, other drug or
14    drugs, intoxicating compound or compounds or any
15    combination thereof under Section 11-501 of the Illinois
16    Vehicle Code or a similar provision of a local ordinance
17    and (ii) was operating a motor vehicle in excess of 20
18    miles per hour over the posted speed limit as provided in
19    Article VI of Chapter 11 of the Illinois Vehicle Code;
20        (21) the defendant (i) committed the offense of
21    reckless driving or aggravated reckless driving under
22    Section 11-503 of the Illinois Vehicle Code and (ii) was
23    operating a motor vehicle in excess of 20 miles per hour
24    over the posted speed limit as provided in Article VI of
25    Chapter 11 of the Illinois Vehicle Code;
26        (22) the defendant committed the offense against a

 

 

10200HB5490ham001- 173 -LRB102 25922 RLC 36873 a

1    person that the defendant knew, or reasonably should have
2    known, was a member of the Armed Forces of the United
3    States serving on active duty. For purposes of this clause
4    (22), the term "Armed Forces" means any of the Armed
5    Forces of the United States, including a member of any
6    reserve component thereof or National Guard unit called to
7    active duty;
8        (23) the defendant committed the offense against a
9    person who was elderly or infirm or who was a person with a
10    disability by taking advantage of a family or fiduciary
11    relationship with the elderly or infirm person or person
12    with a disability;
13        (24) the defendant committed any offense under Section
14    11-20.1 of the Criminal Code of 1961 or the Criminal Code
15    of 2012 and possessed 100 or more images;
16        (25) the defendant committed the offense while the
17    defendant or the victim was in a train, bus, or other
18    vehicle used for public transportation;
19        (26) the defendant committed the offense of child
20    sexual abuse material pornography or aggravated child
21    sexual abuse material pornography, specifically including
22    paragraph (1), (2), (3), (4), (5), or (7) of subsection
23    (a) of Section 11-20.1 of the Criminal Code of 1961 or the
24    Criminal Code of 2012 where a child engaged in, solicited
25    for, depicted in, or posed in any act of sexual
26    penetration or bound, fettered, or subject to sadistic,

 

 

10200HB5490ham001- 174 -LRB102 25922 RLC 36873 a

1    masochistic, or sadomasochistic abuse in a sexual context
2    and specifically including paragraph (1), (2), (3), (4),
3    (5), or (7) of subsection (a) of Section 11-20.1B or
4    Section 11-20.3 of the Criminal Code of 1961 where a child
5    engaged in, solicited for, depicted in, or posed in any
6    act of sexual penetration or bound, fettered, or subject
7    to sadistic, masochistic, or sadomasochistic abuse in a
8    sexual context;
9        (27) the defendant committed the offense of first
10    degree murder, assault, aggravated assault, battery,
11    aggravated battery, robbery, armed robbery, or aggravated
12    robbery against a person who was a veteran and the
13    defendant knew, or reasonably should have known, that the
14    person was a veteran performing duties as a representative
15    of a veterans' organization. For the purposes of this
16    paragraph (27), "veteran" means an Illinois resident who
17    has served as a member of the United States Armed Forces, a
18    member of the Illinois National Guard, or a member of the
19    United States Reserve Forces; and "veterans' organization"
20    means an organization comprised of members of which
21    substantially all are individuals who are veterans or
22    spouses, widows, or widowers of veterans, the primary
23    purpose of which is to promote the welfare of its members
24    and to provide assistance to the general public in such a
25    way as to confer a public benefit;
26        (28) the defendant committed the offense of assault,

 

 

10200HB5490ham001- 175 -LRB102 25922 RLC 36873 a

1    aggravated assault, battery, aggravated battery, robbery,
2    armed robbery, or aggravated robbery against a person that
3    the defendant knew or reasonably should have known was a
4    letter carrier or postal worker while that person was
5    performing his or her duties delivering mail for the
6    United States Postal Service;
7        (29) the defendant committed the offense of criminal
8    sexual assault, aggravated criminal sexual assault,
9    criminal sexual abuse, or aggravated criminal sexual abuse
10    against a victim with an intellectual disability, and the
11    defendant holds a position of trust, authority, or
12    supervision in relation to the victim;
13        (30) the defendant committed the offense of promoting
14    juvenile prostitution, patronizing a prostitute, or
15    patronizing a minor engaged in prostitution and at the
16    time of the commission of the offense knew that the
17    prostitute or minor engaged in prostitution was in the
18    custody or guardianship of the Department of Children and
19    Family Services;
20        (31) the defendant (i) committed the offense of
21    driving while under the influence of alcohol, other drug
22    or drugs, intoxicating compound or compounds or any
23    combination thereof in violation of Section 11-501 of the
24    Illinois Vehicle Code or a similar provision of a local
25    ordinance and (ii) the defendant during the commission of
26    the offense was driving his or her vehicle upon a roadway

 

 

10200HB5490ham001- 176 -LRB102 25922 RLC 36873 a

1    designated for one-way traffic in the opposite direction
2    of the direction indicated by official traffic control
3    devices;
4        (32) the defendant committed the offense of reckless
5    homicide while committing a violation of Section 11-907 of
6    the Illinois Vehicle Code;
7        (33) the defendant was found guilty of an
8    administrative infraction related to an act or acts of
9    public indecency or sexual misconduct in the penal
10    institution. In this paragraph (33), "penal institution"
11    has the same meaning as in Section 2-14 of the Criminal
12    Code of 2012; or
13        (34) the defendant committed the offense of leaving
14    the scene of an accident in violation of subsection (b) of
15    Section 11-401 of the Illinois Vehicle Code and the
16    accident resulted in the death of a person and at the time
17    of the offense, the defendant was: (i) driving under the
18    influence of alcohol, other drug or drugs, intoxicating
19    compound or compounds or any combination thereof as
20    defined by Section 11-501 of the Illinois Vehicle Code; or
21    (ii) operating the motor vehicle while using an electronic
22    communication device as defined in Section 12-610.2 of the
23    Illinois Vehicle Code.
24    For the purposes of this Section:
25    "School" is defined as a public or private elementary or
26secondary school, community college, college, or university.

 

 

10200HB5490ham001- 177 -LRB102 25922 RLC 36873 a

1    "Day care center" means a public or private State
2certified and licensed day care center as defined in Section
32.09 of the Child Care Act of 1969 that displays a sign in
4plain view stating that the property is a day care center.
5    "Intellectual disability" means significantly subaverage
6intellectual functioning which exists concurrently with
7impairment in adaptive behavior.
8    "Public transportation" means the transportation or
9conveyance of persons by means available to the general
10public, and includes paratransit services.
11    "Traffic control devices" means all signs, signals,
12markings, and devices that conform to the Illinois Manual on
13Uniform Traffic Control Devices, placed or erected by
14authority of a public body or official having jurisdiction,
15for the purpose of regulating, warning, or guiding traffic.
16    (b) The following factors, related to all felonies, may be
17considered by the court as reasons to impose an extended term
18sentence under Section 5-8-2 upon any offender:
19        (1) When a defendant is convicted of any felony, after
20    having been previously convicted in Illinois or any other
21    jurisdiction of the same or similar class felony or
22    greater class felony, when such conviction has occurred
23    within 10 years after the previous conviction, excluding
24    time spent in custody, and such charges are separately
25    brought and tried and arise out of different series of
26    acts; or

 

 

10200HB5490ham001- 178 -LRB102 25922 RLC 36873 a

1        (2) When a defendant is convicted of any felony and
2    the court finds that the offense was accompanied by
3    exceptionally brutal or heinous behavior indicative of
4    wanton cruelty; or
5        (3) When a defendant is convicted of any felony
6    committed against:
7            (i) a person under 12 years of age at the time of
8        the offense or such person's property;
9            (ii) a person 60 years of age or older at the time
10        of the offense or such person's property; or
11            (iii) a person who had a physical disability at
12        the time of the offense or such person's property; or
13        (4) When a defendant is convicted of any felony and
14    the offense involved any of the following types of
15    specific misconduct committed as part of a ceremony, rite,
16    initiation, observance, performance, practice or activity
17    of any actual or ostensible religious, fraternal, or
18    social group:
19            (i) the brutalizing or torturing of humans or
20        animals;
21            (ii) the theft of human corpses;
22            (iii) the kidnapping of humans;
23            (iv) the desecration of any cemetery, religious,
24        fraternal, business, governmental, educational, or
25        other building or property; or
26            (v) ritualized abuse of a child; or

 

 

10200HB5490ham001- 179 -LRB102 25922 RLC 36873 a

1        (5) When a defendant is convicted of a felony other
2    than conspiracy and the court finds that the felony was
3    committed under an agreement with 2 or more other persons
4    to commit that offense and the defendant, with respect to
5    the other individuals, occupied a position of organizer,
6    supervisor, financier, or any other position of management
7    or leadership, and the court further finds that the felony
8    committed was related to or in furtherance of the criminal
9    activities of an organized gang or was motivated by the
10    defendant's leadership in an organized gang; or
11        (6) When a defendant is convicted of an offense
12    committed while using a firearm with a laser sight
13    attached to it. For purposes of this paragraph, "laser
14    sight" has the meaning ascribed to it in Section 26-7 of
15    the Criminal Code of 2012; or
16        (7) When a defendant who was at least 17 years of age
17    at the time of the commission of the offense is convicted
18    of a felony and has been previously adjudicated a
19    delinquent minor under the Juvenile Court Act of 1987 for
20    an act that if committed by an adult would be a Class X or
21    Class 1 felony when the conviction has occurred within 10
22    years after the previous adjudication, excluding time
23    spent in custody; or
24        (8) When a defendant commits any felony and the
25    defendant used, possessed, exercised control over, or
26    otherwise directed an animal to assault a law enforcement

 

 

10200HB5490ham001- 180 -LRB102 25922 RLC 36873 a

1    officer engaged in the execution of his or her official
2    duties or in furtherance of the criminal activities of an
3    organized gang in which the defendant is engaged; or
4        (9) When a defendant commits any felony and the
5    defendant knowingly video or audio records the offense
6    with the intent to disseminate the recording.
7    (c) The following factors may be considered by the court
8as reasons to impose an extended term sentence under Section
95-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
10offenses:
11        (1) When a defendant is convicted of first degree
12    murder, after having been previously convicted in Illinois
13    of any offense listed under paragraph (c)(2) of Section
14    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
15    occurred within 10 years after the previous conviction,
16    excluding time spent in custody, and the charges are
17    separately brought and tried and arise out of different
18    series of acts.
19        (1.5) When a defendant is convicted of first degree
20    murder, after having been previously convicted of domestic
21    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
22    (720 ILCS 5/12-3.3) committed on the same victim or after
23    having been previously convicted of violation of an order
24    of protection (720 ILCS 5/12-30) in which the same victim
25    was the protected person.
26        (2) When a defendant is convicted of voluntary

 

 

10200HB5490ham001- 181 -LRB102 25922 RLC 36873 a

1    manslaughter, second degree murder, involuntary
2    manslaughter, or reckless homicide in which the defendant
3    has been convicted of causing the death of more than one
4    individual.
5        (3) When a defendant is convicted of aggravated
6    criminal sexual assault or criminal sexual assault, when
7    there is a finding that aggravated criminal sexual assault
8    or criminal sexual assault was also committed on the same
9    victim by one or more other individuals, and the defendant
10    voluntarily participated in the crime with the knowledge
11    of the participation of the others in the crime, and the
12    commission of the crime was part of a single course of
13    conduct during which there was no substantial change in
14    the nature of the criminal objective.
15        (4) If the victim was under 18 years of age at the time
16    of the commission of the offense, when a defendant is
17    convicted of aggravated criminal sexual assault or
18    predatory criminal sexual assault of a child under
19    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
20    of Section 12-14.1 of the Criminal Code of 1961 or the
21    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
22        (5) When a defendant is convicted of a felony
23    violation of Section 24-1 of the Criminal Code of 1961 or
24    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
25    finding that the defendant is a member of an organized
26    gang.

 

 

10200HB5490ham001- 182 -LRB102 25922 RLC 36873 a

1        (6) When a defendant was convicted of unlawful use of
2    weapons under Section 24-1 of the Criminal Code of 1961 or
3    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
4    a weapon that is not readily distinguishable as one of the
5    weapons enumerated in Section 24-1 of the Criminal Code of
6    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
7        (7) When a defendant is convicted of an offense
8    involving the illegal manufacture of a controlled
9    substance under Section 401 of the Illinois Controlled
10    Substances Act (720 ILCS 570/401), the illegal manufacture
11    of methamphetamine under Section 25 of the Methamphetamine
12    Control and Community Protection Act (720 ILCS 646/25), or
13    the illegal possession of explosives and an emergency
14    response officer in the performance of his or her duties
15    is killed or injured at the scene of the offense while
16    responding to the emergency caused by the commission of
17    the offense. In this paragraph, "emergency" means a
18    situation in which a person's life, health, or safety is
19    in jeopardy; and "emergency response officer" means a
20    peace officer, community policing volunteer, fireman,
21    emergency medical technician-ambulance, emergency medical
22    technician-intermediate, emergency medical
23    technician-paramedic, ambulance driver, other medical
24    assistance or first aid personnel, or hospital emergency
25    room personnel.
26        (8) When the defendant is convicted of attempted mob

 

 

10200HB5490ham001- 183 -LRB102 25922 RLC 36873 a

1    action, solicitation to commit mob action, or conspiracy
2    to commit mob action under Section 8-1, 8-2, or 8-4 of the
3    Criminal Code of 2012, where the criminal object is a
4    violation of Section 25-1 of the Criminal Code of 2012,
5    and an electronic communication is used in the commission
6    of the offense. For the purposes of this paragraph (8),
7    "electronic communication" shall have the meaning provided
8    in Section 26.5-0.1 of the Criminal Code of 2012.
9    (d) For the purposes of this Section, "organized gang" has
10the meaning ascribed to it in Section 10 of the Illinois
11Streetgang Terrorism Omnibus Prevention Act.
12    (e) The court may impose an extended term sentence under
13Article 4.5 of Chapter V upon an offender who has been
14convicted of a felony violation of Section 11-1.20, 11-1.30,
1511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1612-16 of the Criminal Code of 1961 or the Criminal Code of 2012
17when the victim of the offense is under 18 years of age at the
18time of the commission of the offense and, during the
19commission of the offense, the victim was under the influence
20of alcohol, regardless of whether or not the alcohol was
21supplied by the offender; and the offender, at the time of the
22commission of the offense, knew or should have known that the
23victim had consumed alcohol.
24(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
25101-417, eff. 1-1-20; 102-558, eff. 8-20-21.)
 

 

 

10200HB5490ham001- 184 -LRB102 25922 RLC 36873 a

1    (Text of Section after amendment by P.A. 101-652)
2    Sec. 5-5-3.2. Factors in aggravation and extended-term
3sentencing.
4    (a) The following factors shall be accorded weight in
5favor of imposing a term of imprisonment or may be considered
6by the court as reasons to impose a more severe sentence under
7Section 5-8-1 or Article 4.5 of Chapter V:
8        (1) the defendant's conduct caused or threatened
9    serious harm;
10        (2) the defendant received compensation for committing
11    the offense;
12        (3) the defendant has a history of prior delinquency
13    or criminal activity;
14        (4) the defendant, by the duties of his office or by
15    his position, was obliged to prevent the particular
16    offense committed or to bring the offenders committing it
17    to justice;
18        (5) the defendant held public office at the time of
19    the offense, and the offense related to the conduct of
20    that office;
21        (6) the defendant utilized his professional reputation
22    or position in the community to commit the offense, or to
23    afford him an easier means of committing it;
24        (7) the sentence is necessary to deter others from
25    committing the same crime;
26        (8) the defendant committed the offense against a

 

 

10200HB5490ham001- 185 -LRB102 25922 RLC 36873 a

1    person 60 years of age or older or such person's property;
2        (9) the defendant committed the offense against a
3    person who has a physical disability or such person's
4    property;
5        (10) by reason of another individual's actual or
6    perceived race, color, creed, religion, ancestry, gender,
7    sexual orientation, physical or mental disability, or
8    national origin, the defendant committed the offense
9    against (i) the person or property of that individual;
10    (ii) the person or property of a person who has an
11    association with, is married to, or has a friendship with
12    the other individual; or (iii) the person or property of a
13    relative (by blood or marriage) of a person described in
14    clause (i) or (ii). For the purposes of this Section,
15    "sexual orientation" has the meaning ascribed to it in
16    paragraph (O-1) of Section 1-103 of the Illinois Human
17    Rights Act;
18        (11) the offense took place in a place of worship or on
19    the grounds of a place of worship, immediately prior to,
20    during or immediately following worship services. For
21    purposes of this subparagraph, "place of worship" shall
22    mean any church, synagogue or other building, structure or
23    place used primarily for religious worship;
24        (12) the defendant was convicted of a felony committed
25    while he was on pretrial release or his own recognizance
26    pending trial for a prior felony and was convicted of such

 

 

10200HB5490ham001- 186 -LRB102 25922 RLC 36873 a

1    prior felony, or the defendant was convicted of a felony
2    committed while he was serving a period of probation,
3    conditional discharge, or mandatory supervised release
4    under subsection (d) of Section 5-8-1 for a prior felony;
5        (13) the defendant committed or attempted to commit a
6    felony while he was wearing a bulletproof vest. For the
7    purposes of this paragraph (13), a bulletproof vest is any
8    device which is designed for the purpose of protecting the
9    wearer from bullets, shot or other lethal projectiles;
10        (14) the defendant held a position of trust or
11    supervision such as, but not limited to, family member as
12    defined in Section 11-0.1 of the Criminal Code of 2012,
13    teacher, scout leader, baby sitter, or day care worker, in
14    relation to a victim under 18 years of age, and the
15    defendant committed an offense in violation of Section
16    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
17    11-14.4 except for an offense that involves keeping a
18    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
19    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
20    or 12-16 of the Criminal Code of 1961 or the Criminal Code
21    of 2012 against that victim;
22        (15) the defendant committed an offense related to the
23    activities of an organized gang. For the purposes of this
24    factor, "organized gang" has the meaning ascribed to it in
25    Section 10 of the Streetgang Terrorism Omnibus Prevention
26    Act;

 

 

10200HB5490ham001- 187 -LRB102 25922 RLC 36873 a

1        (16) the defendant committed an offense in violation
2    of one of the following Sections while in a school,
3    regardless of the time of day or time of year; on any
4    conveyance owned, leased, or contracted by a school to
5    transport students to or from school or a school related
6    activity; on the real property of a school; or on a public
7    way within 1,000 feet of the real property comprising any
8    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
9    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
10    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
11    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
13    for subdivision (a)(4) or (g)(1), of the Criminal Code of
14    1961 or the Criminal Code of 2012;
15        (16.5) the defendant committed an offense in violation
16    of one of the following Sections while in a day care
17    center, regardless of the time of day or time of year; on
18    the real property of a day care center, regardless of the
19    time of day or time of year; or on a public way within
20    1,000 feet of the real property comprising any day care
21    center, regardless of the time of day or time of year:
22    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
23    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
24    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
25    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
26    18-2, or 33A-2, or Section 12-3.05 except for subdivision

 

 

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1    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
2    Criminal Code of 2012;
3        (17) the defendant committed the offense by reason of
4    any person's activity as a community policing volunteer or
5    to prevent any person from engaging in activity as a
6    community policing volunteer. For the purpose of this
7    Section, "community policing volunteer" has the meaning
8    ascribed to it in Section 2-3.5 of the Criminal Code of
9    2012;
10        (18) the defendant committed the offense in a nursing
11    home or on the real property comprising a nursing home.
12    For the purposes of this paragraph (18), "nursing home"
13    means a skilled nursing or intermediate long term care
14    facility that is subject to license by the Illinois
15    Department of Public Health under the Nursing Home Care
16    Act, the Specialized Mental Health Rehabilitation Act of
17    2013, the ID/DD Community Care Act, or the MC/DD Act;
18        (19) the defendant was a federally licensed firearm
19    dealer and was previously convicted of a violation of
20    subsection (a) of Section 3 of the Firearm Owners
21    Identification Card Act and has now committed either a
22    felony violation of the Firearm Owners Identification Card
23    Act or an act of armed violence while armed with a firearm;
24        (20) the defendant (i) committed the offense of
25    reckless homicide under Section 9-3 of the Criminal Code
26    of 1961 or the Criminal Code of 2012 or the offense of

 

 

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1    driving under the influence of alcohol, other drug or
2    drugs, intoxicating compound or compounds or any
3    combination thereof under Section 11-501 of the Illinois
4    Vehicle Code or a similar provision of a local ordinance
5    and (ii) was operating a motor vehicle in excess of 20
6    miles per hour over the posted speed limit as provided in
7    Article VI of Chapter 11 of the Illinois Vehicle Code;
8        (21) the defendant (i) committed the offense of
9    reckless driving or aggravated reckless driving under
10    Section 11-503 of the Illinois Vehicle Code and (ii) was
11    operating a motor vehicle in excess of 20 miles per hour
12    over the posted speed limit as provided in Article VI of
13    Chapter 11 of the Illinois Vehicle Code;
14        (22) the defendant committed the offense against a
15    person that the defendant knew, or reasonably should have
16    known, was a member of the Armed Forces of the United
17    States serving on active duty. For purposes of this clause
18    (22), the term "Armed Forces" means any of the Armed
19    Forces of the United States, including a member of any
20    reserve component thereof or National Guard unit called to
21    active duty;
22        (23) the defendant committed the offense against a
23    person who was elderly or infirm or who was a person with a
24    disability by taking advantage of a family or fiduciary
25    relationship with the elderly or infirm person or person
26    with a disability;

 

 

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1        (24) the defendant committed any offense under Section
2    11-20.1 of the Criminal Code of 1961 or the Criminal Code
3    of 2012 and possessed 100 or more images;
4        (25) the defendant committed the offense while the
5    defendant or the victim was in a train, bus, or other
6    vehicle used for public transportation;
7        (26) the defendant committed the offense of child
8    sexual abuse material pornography or aggravated child
9    sexual abuse material pornography, specifically including
10    paragraph (1), (2), (3), (4), (5), or (7) of subsection
11    (a) of Section 11-20.1 of the Criminal Code of 1961 or the
12    Criminal Code of 2012 where a child engaged in, solicited
13    for, depicted in, or posed in any act of sexual
14    penetration or bound, fettered, or subject to sadistic,
15    masochistic, or sadomasochistic abuse in a sexual context
16    and specifically including paragraph (1), (2), (3), (4),
17    (5), or (7) of subsection (a) of Section 11-20.1B or
18    Section 11-20.3 of the Criminal Code of 1961 where a child
19    engaged in, solicited for, depicted in, or posed in any
20    act of sexual penetration or bound, fettered, or subject
21    to sadistic, masochistic, or sadomasochistic abuse in a
22    sexual context;
23        (27) the defendant committed the offense of first
24    degree murder, assault, aggravated assault, battery,
25    aggravated battery, robbery, armed robbery, or aggravated
26    robbery against a person who was a veteran and the

 

 

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1    defendant knew, or reasonably should have known, that the
2    person was a veteran performing duties as a representative
3    of a veterans' organization. For the purposes of this
4    paragraph (27), "veteran" means an Illinois resident who
5    has served as a member of the United States Armed Forces, a
6    member of the Illinois National Guard, or a member of the
7    United States Reserve Forces; and "veterans' organization"
8    means an organization comprised of members of which
9    substantially all are individuals who are veterans or
10    spouses, widows, or widowers of veterans, the primary
11    purpose of which is to promote the welfare of its members
12    and to provide assistance to the general public in such a
13    way as to confer a public benefit;
14        (28) the defendant committed the offense of assault,
15    aggravated assault, battery, aggravated battery, robbery,
16    armed robbery, or aggravated robbery against a person that
17    the defendant knew or reasonably should have known was a
18    letter carrier or postal worker while that person was
19    performing his or her duties delivering mail for the
20    United States Postal Service;
21        (29) the defendant committed the offense of criminal
22    sexual assault, aggravated criminal sexual assault,
23    criminal sexual abuse, or aggravated criminal sexual abuse
24    against a victim with an intellectual disability, and the
25    defendant holds a position of trust, authority, or
26    supervision in relation to the victim;

 

 

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1        (30) the defendant committed the offense of promoting
2    juvenile prostitution, patronizing a prostitute, or
3    patronizing a minor engaged in prostitution and at the
4    time of the commission of the offense knew that the
5    prostitute or minor engaged in prostitution was in the
6    custody or guardianship of the Department of Children and
7    Family Services;
8        (31) the defendant (i) committed the offense of
9    driving while under the influence of alcohol, other drug
10    or drugs, intoxicating compound or compounds or any
11    combination thereof in violation of Section 11-501 of the
12    Illinois Vehicle Code or a similar provision of a local
13    ordinance and (ii) the defendant during the commission of
14    the offense was driving his or her vehicle upon a roadway
15    designated for one-way traffic in the opposite direction
16    of the direction indicated by official traffic control
17    devices;
18        (32) the defendant committed the offense of reckless
19    homicide while committing a violation of Section 11-907 of
20    the Illinois Vehicle Code;
21        (33) the defendant was found guilty of an
22    administrative infraction related to an act or acts of
23    public indecency or sexual misconduct in the penal
24    institution. In this paragraph (33), "penal institution"
25    has the same meaning as in Section 2-14 of the Criminal
26    Code of 2012; or

 

 

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1        (34) the defendant committed the offense of leaving
2    the scene of an accident in violation of subsection (b) of
3    Section 11-401 of the Illinois Vehicle Code and the
4    accident resulted in the death of a person and at the time
5    of the offense, the defendant was: (i) driving under the
6    influence of alcohol, other drug or drugs, intoxicating
7    compound or compounds or any combination thereof as
8    defined by Section 11-501 of the Illinois Vehicle Code; or
9    (ii) operating the motor vehicle while using an electronic
10    communication device as defined in Section 12-610.2 of the
11    Illinois Vehicle Code.
12    For the purposes of this Section:
13    "School" is defined as a public or private elementary or
14secondary school, community college, college, or university.
15    "Day care center" means a public or private State
16certified and licensed day care center as defined in Section
172.09 of the Child Care Act of 1969 that displays a sign in
18plain view stating that the property is a day care center.
19    "Intellectual disability" means significantly subaverage
20intellectual functioning which exists concurrently with
21impairment in adaptive behavior.
22    "Public transportation" means the transportation or
23conveyance of persons by means available to the general
24public, and includes paratransit services.
25    "Traffic control devices" means all signs, signals,
26markings, and devices that conform to the Illinois Manual on

 

 

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1Uniform Traffic Control Devices, placed or erected by
2authority of a public body or official having jurisdiction,
3for the purpose of regulating, warning, or guiding traffic.
4    (b) The following factors, related to all felonies, may be
5considered by the court as reasons to impose an extended term
6sentence under Section 5-8-2 upon any offender:
7        (1) When a defendant is convicted of any felony, after
8    having been previously convicted in Illinois or any other
9    jurisdiction of the same or similar class felony or
10    greater class felony, when such conviction has occurred
11    within 10 years after the previous conviction, excluding
12    time spent in custody, and such charges are separately
13    brought and tried and arise out of different series of
14    acts; or
15        (2) When a defendant is convicted of any felony and
16    the court finds that the offense was accompanied by
17    exceptionally brutal or heinous behavior indicative of
18    wanton cruelty; or
19        (3) When a defendant is convicted of any felony
20    committed against:
21            (i) a person under 12 years of age at the time of
22        the offense or such person's property;
23            (ii) a person 60 years of age or older at the time
24        of the offense or such person's property; or
25            (iii) a person who had a physical disability at
26        the time of the offense or such person's property; or

 

 

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1        (4) When a defendant is convicted of any felony and
2    the offense involved any of the following types of
3    specific misconduct committed as part of a ceremony, rite,
4    initiation, observance, performance, practice or activity
5    of any actual or ostensible religious, fraternal, or
6    social group:
7            (i) the brutalizing or torturing of humans or
8        animals;
9            (ii) the theft of human corpses;
10            (iii) the kidnapping of humans;
11            (iv) the desecration of any cemetery, religious,
12        fraternal, business, governmental, educational, or
13        other building or property; or
14            (v) ritualized abuse of a child; or
15        (5) When a defendant is convicted of a felony other
16    than conspiracy and the court finds that the felony was
17    committed under an agreement with 2 or more other persons
18    to commit that offense and the defendant, with respect to
19    the other individuals, occupied a position of organizer,
20    supervisor, financier, or any other position of management
21    or leadership, and the court further finds that the felony
22    committed was related to or in furtherance of the criminal
23    activities of an organized gang or was motivated by the
24    defendant's leadership in an organized gang; or
25        (6) When a defendant is convicted of an offense
26    committed while using a firearm with a laser sight

 

 

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1    attached to it. For purposes of this paragraph, "laser
2    sight" has the meaning ascribed to it in Section 26-7 of
3    the Criminal Code of 2012; or
4        (7) When a defendant who was at least 17 years of age
5    at the time of the commission of the offense is convicted
6    of a felony and has been previously adjudicated a
7    delinquent minor under the Juvenile Court Act of 1987 for
8    an act that if committed by an adult would be a Class X or
9    Class 1 felony when the conviction has occurred within 10
10    years after the previous adjudication, excluding time
11    spent in custody; or
12        (8) When a defendant commits any felony and the
13    defendant used, possessed, exercised control over, or
14    otherwise directed an animal to assault a law enforcement
15    officer engaged in the execution of his or her official
16    duties or in furtherance of the criminal activities of an
17    organized gang in which the defendant is engaged; or
18        (9) When a defendant commits any felony and the
19    defendant knowingly video or audio records the offense
20    with the intent to disseminate the recording.
21    (c) The following factors may be considered by the court
22as reasons to impose an extended term sentence under Section
235-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
24offenses:
25        (1) When a defendant is convicted of first degree
26    murder, after having been previously convicted in Illinois

 

 

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1    of any offense listed under paragraph (c)(2) of Section
2    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
3    occurred within 10 years after the previous conviction,
4    excluding time spent in custody, and the charges are
5    separately brought and tried and arise out of different
6    series of acts.
7        (1.5) When a defendant is convicted of first degree
8    murder, after having been previously convicted of domestic
9    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
10    (720 ILCS 5/12-3.3) committed on the same victim or after
11    having been previously convicted of violation of an order
12    of protection (720 ILCS 5/12-30) in which the same victim
13    was the protected person.
14        (2) When a defendant is convicted of voluntary
15    manslaughter, second degree murder, involuntary
16    manslaughter, or reckless homicide in which the defendant
17    has been convicted of causing the death of more than one
18    individual.
19        (3) When a defendant is convicted of aggravated
20    criminal sexual assault or criminal sexual assault, when
21    there is a finding that aggravated criminal sexual assault
22    or criminal sexual assault was also committed on the same
23    victim by one or more other individuals, and the defendant
24    voluntarily participated in the crime with the knowledge
25    of the participation of the others in the crime, and the
26    commission of the crime was part of a single course of

 

 

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1    conduct during which there was no substantial change in
2    the nature of the criminal objective.
3        (4) If the victim was under 18 years of age at the time
4    of the commission of the offense, when a defendant is
5    convicted of aggravated criminal sexual assault or
6    predatory criminal sexual assault of a child under
7    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
8    of Section 12-14.1 of the Criminal Code of 1961 or the
9    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
10        (5) When a defendant is convicted of a felony
11    violation of Section 24-1 of the Criminal Code of 1961 or
12    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
13    finding that the defendant is a member of an organized
14    gang.
15        (6) When a defendant was convicted of unlawful use of
16    weapons under Section 24-1 of the Criminal Code of 1961 or
17    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
18    a weapon that is not readily distinguishable as one of the
19    weapons enumerated in Section 24-1 of the Criminal Code of
20    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
21        (7) When a defendant is convicted of an offense
22    involving the illegal manufacture of a controlled
23    substance under Section 401 of the Illinois Controlled
24    Substances Act (720 ILCS 570/401), the illegal manufacture
25    of methamphetamine under Section 25 of the Methamphetamine
26    Control and Community Protection Act (720 ILCS 646/25), or

 

 

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1    the illegal possession of explosives and an emergency
2    response officer in the performance of his or her duties
3    is killed or injured at the scene of the offense while
4    responding to the emergency caused by the commission of
5    the offense. In this paragraph, "emergency" means a
6    situation in which a person's life, health, or safety is
7    in jeopardy; and "emergency response officer" means a
8    peace officer, community policing volunteer, fireman,
9    emergency medical technician-ambulance, emergency medical
10    technician-intermediate, emergency medical
11    technician-paramedic, ambulance driver, other medical
12    assistance or first aid personnel, or hospital emergency
13    room personnel.
14        (8) When the defendant is convicted of attempted mob
15    action, solicitation to commit mob action, or conspiracy
16    to commit mob action under Section 8-1, 8-2, or 8-4 of the
17    Criminal Code of 2012, where the criminal object is a
18    violation of Section 25-1 of the Criminal Code of 2012,
19    and an electronic communication is used in the commission
20    of the offense. For the purposes of this paragraph (8),
21    "electronic communication" shall have the meaning provided
22    in Section 26.5-0.1 of the Criminal Code of 2012.
23    (d) For the purposes of this Section, "organized gang" has
24the meaning ascribed to it in Section 10 of the Illinois
25Streetgang Terrorism Omnibus Prevention Act.
26    (e) The court may impose an extended term sentence under

 

 

10200HB5490ham001- 200 -LRB102 25922 RLC 36873 a

1Article 4.5 of Chapter V upon an offender who has been
2convicted of a felony violation of Section 11-1.20, 11-1.30,
311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
5when the victim of the offense is under 18 years of age at the
6time of the commission of the offense and, during the
7commission of the offense, the victim was under the influence
8of alcohol, regardless of whether or not the alcohol was
9supplied by the offender; and the offender, at the time of the
10commission of the offense, knew or should have known that the
11victim had consumed alcohol.
12(Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;
13101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff.
141-1-23; 102-558, eff. 8-20-21.)
 
15    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
16    Sec. 5-8-1. Natural life imprisonment; enhancements for
17use of a firearm; mandatory supervised release terms.
18    (a) Except as otherwise provided in the statute defining
19the offense or in Article 4.5 of Chapter V, a sentence of
20imprisonment for a felony shall be a determinate sentence set
21by the court under this Section, subject to Section 5-4.5-115
22of this Code, according to the following limitations:
23        (1) for first degree murder,
24            (a) (blank),
25            (b) if a trier of fact finds beyond a reasonable

 

 

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1        doubt that the murder was accompanied by exceptionally
2        brutal or heinous behavior indicative of wanton
3        cruelty or, except as set forth in subsection
4        (a)(1)(c) of this Section, that any of the aggravating
5        factors listed in subsection (b) or (b-5) of Section
6        9-1 of the Criminal Code of 1961 or the Criminal Code
7        of 2012 are present, the court may sentence the
8        defendant, subject to Section 5-4.5-105, to a term of
9        natural life imprisonment, or
10            (c) the court shall sentence the defendant to a
11        term of natural life imprisonment if the defendant, at
12        the time of the commission of the murder, had attained
13        the age of 18, and:
14                (i) has previously been convicted of first
15            degree murder under any state or federal law, or
16                (ii) is found guilty of murdering more than
17            one victim, or
18                (iii) is found guilty of murdering a peace
19            officer, fireman, or emergency management worker
20            when the peace officer, fireman, or emergency
21            management worker was killed in the course of
22            performing his official duties, or to prevent the
23            peace officer or fireman from performing his
24            official duties, or in retaliation for the peace
25            officer, fireman, or emergency management worker
26            from performing his official duties, and the

 

 

10200HB5490ham001- 202 -LRB102 25922 RLC 36873 a

1            defendant knew or should have known that the
2            murdered individual was a peace officer, fireman,
3            or emergency management worker, or
4                (iv) is found guilty of murdering an employee
5            of an institution or facility of the Department of
6            Corrections, or any similar local correctional
7            agency, when the employee was killed in the course
8            of performing his official duties, or to prevent
9            the employee from performing his official duties,
10            or in retaliation for the employee performing his
11            official duties, or
12                (v) is found guilty of murdering an emergency
13            medical technician - ambulance, emergency medical
14            technician - intermediate, emergency medical
15            technician - paramedic, ambulance driver or other
16            medical assistance or first aid person while
17            employed by a municipality or other governmental
18            unit when the person was killed in the course of
19            performing official duties or to prevent the
20            person from performing official duties or in
21            retaliation for performing official duties and the
22            defendant knew or should have known that the
23            murdered individual was an emergency medical
24            technician - ambulance, emergency medical
25            technician - intermediate, emergency medical
26            technician - paramedic, ambulance driver, or other

 

 

10200HB5490ham001- 203 -LRB102 25922 RLC 36873 a

1            medical assistant or first aid personnel, or
2                (vi) (blank), or
3                (vii) is found guilty of first degree murder
4            and the murder was committed by reason of any
5            person's activity as a community policing
6            volunteer or to prevent any person from engaging
7            in activity as a community policing volunteer. For
8            the purpose of this Section, "community policing
9            volunteer" has the meaning ascribed to it in
10            Section 2-3.5 of the Criminal Code of 2012.
11            For purposes of clause (v), "emergency medical
12        technician - ambulance", "emergency medical technician -
13         intermediate", "emergency medical technician -
14        paramedic", have the meanings ascribed to them in the
15        Emergency Medical Services (EMS) Systems Act.
16            (d)(i) if the person committed the offense while
17            armed with a firearm, 15 years shall be added to
18            the term of imprisonment imposed by the court;
19            (ii) if, during the commission of the offense, the
20        person personally discharged a firearm, 20 years shall
21        be added to the term of imprisonment imposed by the
22        court;
23            (iii) if, during the commission of the offense,
24        the person personally discharged a firearm that
25        proximately caused great bodily harm, permanent
26        disability, permanent disfigurement, or death to

 

 

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1        another person, 25 years or up to a term of natural
2        life shall be added to the term of imprisonment
3        imposed by the court.
4        (2) (blank);
5        (2.5) for a person who has attained the age of 18 years
6    at the time of the commission of the offense and who is
7    convicted under the circumstances described in subdivision
8    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
9    subsection (b) of Section 12-13, subdivision (d)(2) of
10    Section 11-1.30 or paragraph (2) of subsection (d) of
11    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
12    paragraph (1.2) of subsection (b) of Section 12-14.1,
13    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
14    subsection (b) of Section 12-14.1 of the Criminal Code of
15    1961 or the Criminal Code of 2012, the sentence shall be a
16    term of natural life imprisonment.
17    (b) (Blank).
18    (c) (Blank).
19    (d) Subject to earlier termination under Section 3-3-8,
20the parole or mandatory supervised release term shall be
21written as part of the sentencing order and shall be as
22follows:
23        (1) for first degree murder or for the offenses of
24    predatory criminal sexual assault of a child, aggravated
25    criminal sexual assault, and criminal sexual assault if
26    committed on or before December 12, 2005, 3 years;

 

 

10200HB5490ham001- 205 -LRB102 25922 RLC 36873 a

1        (1.5) except as provided in paragraph (7) of this
2    subsection (d), for a Class X felony except for the
3    offenses of predatory criminal sexual assault of a child,
4    aggravated criminal sexual assault, and criminal sexual
5    assault if committed on or after December 13, 2005 (the
6    effective date of Public Act 94-715) and except for the
7    offense of aggravated child sexual abuse material
8    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
9    with sentencing under subsection (c-5) of Section 11-20.1
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    if committed on or after January 1, 2009, 18 months;
12        (2) except as provided in paragraph (7) of this
13    subsection (d), for a Class 1 felony or a Class 2 felony
14    except for the offense of criminal sexual assault if
15    committed on or after December 13, 2005 (the effective
16    date of Public Act 94-715) and except for the offenses of
17    manufacture and dissemination of child sexual abuse
18    material pornography under clauses (a)(1) and (a)(2) of
19    Section 11-20.1 of the Criminal Code of 1961 or the
20    Criminal Code of 2012, if committed on or after January 1,
21    2009, 12 months;
22        (3) except as provided in paragraph (4), (6), or (7)
23    of this subsection (d), a mandatory supervised release
24    term shall not be imposed for a Class 3 felony or a Class 4
25    felony; unless:
26            (A) the Prisoner Review Board, based on a

 

 

10200HB5490ham001- 206 -LRB102 25922 RLC 36873 a

1        validated risk and needs assessment, determines it is
2        necessary for an offender to serve a mandatory
3        supervised release term;
4            (B) if the Prisoner Review Board determines a
5        mandatory supervised release term is necessary
6        pursuant to subparagraph (A) of this paragraph (3),
7        the Prisoner Review Board shall specify the maximum
8        number of months of mandatory supervised release the
9        offender may serve, limited to a term of: (i) 12 months
10        for a Class 3 felony; and (ii) 12 months for a Class 4
11        felony;
12        (4) for defendants who commit the offense of predatory
13    criminal sexual assault of a child, aggravated criminal
14    sexual assault, or criminal sexual assault, on or after
15    December 13, 2005 (the effective date of Public Act
16    94-715), or who commit the offense of aggravated child
17    sexual abuse material pornography under Section 11-20.1B,
18    11-20.3, or 11-20.1 with sentencing under subsection (c-5)
19    of Section 11-20.1 of the Criminal Code of 1961 or the
20    Criminal Code of 2012, manufacture of child sexual abuse
21    material pornography, or dissemination of child sexual
22    abuse material pornography after January 1, 2009, the term
23    of mandatory supervised release shall range from a minimum
24    of 3 years to a maximum of the natural life of the
25    defendant;
26        (5) if the victim is under 18 years of age, for a

 

 

10200HB5490ham001- 207 -LRB102 25922 RLC 36873 a

1    second or subsequent offense of aggravated criminal sexual
2    abuse or felony criminal sexual abuse, 4 years, at least
3    the first 2 years of which the defendant shall serve in an
4   &