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1 | | declared as a sexually dangerous
person under the Sexually |
2 | | Dangerous Persons Act or declared a sexually
violent person |
3 | | under the Sexually Violent Persons Commitment Act, or any
|
4 | | substantially similar
federal law or law of another state.
|
5 | | (c) "Sex offense" means any felony or misdemeanor offense |
6 | | described 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 |
23 | | sex
offender that conforms to the standards created by the |
24 | | Board under
Section 15.
|
25 | | (e) "Sexually motivated" means one or more of the facts of |
26 | | the underlying
offense indicates conduct that is of a sexual |
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1 | | nature or that shows an intent to
engage in behavior of a |
2 | | sexual nature.
|
3 | | (f) "Sex offender evaluator" means a person licensed under |
4 | | the Sex Offender Evaluation and Treatment Provider Act to |
5 | | conduct sex offender evaluations. |
6 | | (g) "Sex offender treatment provider" means a person |
7 | | licensed under the Sex Offender Evaluation and Treatment |
8 | | Provider Act to provide sex offender treatment services. |
9 | | (h) "Associate sex offender provider" means a person |
10 | | licensed under the Sex Offender Evaluation and Treatment |
11 | | Provider Act to provide sex offender evaluations and to |
12 | | provide sex offender treatment under the supervision of a |
13 | | licensed sex offender evaluator or a licensed sex offender |
14 | | treatment provider. |
15 | | (Source: P.A. 100-428, eff. 1-1-18 .)
|
16 | | Section 10. The Medical School Matriculant Criminal |
17 | | History Records Check Act is amended by changing Section 5 as |
18 | | follows: |
19 | | (110 ILCS 57/5) |
20 | | Sec. 5. Definitions. |
21 | | "Matriculant" means an individual who is conditionally |
22 | | admitted as a student to a medical school located in Illinois, |
23 | | pending the medical school's consideration of his or her |
24 | | criminal history records check under this Act. |
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1 | | "Sex offender" means any person who is convicted pursuant |
2 | | to Illinois law or any
substantially similar federal, Uniform |
3 | | Code of Military
Justice, sister state, or foreign country law |
4 | | with any of
the following sex offenses set forth in the |
5 | | Criminal 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
|
14 | | defined by the Criminal Code of 1961 or the Criminal Code of |
15 | | 2012: |
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 |
2 | | changing Section 3.3 as follows: |
3 | | (225 ILCS 10/3.3) |
4 | | Sec. 3.3. Requirements for criminal background checks for |
5 | | adoption-only homes. In approving an adoption-only home |
6 | | pursuant to Section 3.2 of this Act, if an adult resident has |
7 | | an arrest or conviction record, the licensed child welfare |
8 | | agency: |
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 |
9 | | is 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; |
12 | | reporting child sexual abuse material pornography . |
13 | | (a) In this Section: |
14 | | "Child sexual abuse material pornography " means child |
15 | | sexual abuse material pornography as described in Section |
16 | | 11-20.1 of the Criminal Code of 2012. |
17 | | "Electronic and information technology equipment" means |
18 | | equipment used in the creation, manipulation, storage, |
19 | | display, or transmission of data, including internet and |
20 | | intranet systems, software applications, operating systems, |
21 | | video and multimedia, telecommunications products, kiosks, |
22 | | information transaction machines, copiers, printers, and |
23 | | desktop and portable computers. |
24 | | "Electronic and information technology equipment worker" |
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1 | | means a person who in the scope and course of his or her |
2 | | employment or business installs, repairs, or otherwise |
3 | | services electronic and information technology equipment for a |
4 | | fee but does not include (i) an employee, independent |
5 | | contractor, or other agent of a telecommunications carrier or |
6 | | telephone or telecommunications cooperative, as those terms |
7 | | are defined in the Public Utilities Act, or (ii) an employee, |
8 | | independent contractor, or other agent of a provider of |
9 | | commercial mobile radio service, as defined in 47 C.F.R. 20.3. |
10 | | (b) If an electronic and information technology equipment |
11 | | worker discovers any depiction of child sexual abuse material |
12 | | pornography while installing, repairing, or otherwise |
13 | | servicing an item of electronic and information technology |
14 | | equipment, that worker or the worker's employer shall |
15 | | immediately report the discovery to the local law enforcement |
16 | | agency or to the Cyber Tipline at the National Center for |
17 | | Missing & Exploited Children. |
18 | | (c) If a report is filed in accordance with the |
19 | | requirements of 42 U.S.C. 13032, the requirements of this |
20 | | Section 4.5 will be deemed to have been met. |
21 | | (d) An electronic and information technology equipment |
22 | | worker or electronic and information technology equipment |
23 | | worker's employer who reports a discovery of child sexual |
24 | | abuse material pornography as required under this Section is |
25 | | immune from any criminal, civil, or administrative liability |
26 | | in connection with making the report, except for willful or |
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1 | | wanton misconduct. |
2 | | (e) Failure to report a discovery of child sexual abuse |
3 | | material pornography as required under this Section is a |
4 | | business 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 |
9 | | Section 11 only in furtherance of purposes directly
connected |
10 | | with the administration of this Act or the Intergovernmental |
11 | | Missing
Child Recovery Act of 1984. Those persons and purposes |
12 | | for 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.
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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
|
23 | | disclosure of information or records relating or pertaining to |
24 | | juveniles
subject to the provisions of the Serious Habitual |
25 | | Offender Comprehensive
Action Program when that information is |
26 | | used to assist in the early
identification and treatment of |
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1 | | habitual juvenile offenders.
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2 | | (c) To the extent that persons or agencies are given |
3 | | access to
information pursuant to this Section, those persons |
4 | | or agencies may give this
information to and
receive this |
5 | | information from each other in order to facilitate an
|
6 | | investigation
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 |
9 | | is 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 |
12 | | developed and
provided by the Department of Children and |
13 | | Family Services shall include:
|
14 | | (a) Provision of counseling, treatment, rehabilitation and |
15 | | assistance
to sexually abused and exploited children and their |
16 | | families, particularly
to victims of
predatory criminal sexual |
17 | | assault of a child,
aggravated criminal sexual assault, |
18 | | criminal sexual assault,
aggravated criminal sexual abuse and |
19 | | criminal sexual abuse
and child sexual abuse material |
20 | | pornography , and provision of training and education and
|
21 | | professional counseling to other persons responsible for the |
22 | | child's
welfare, personnel of the Department responsible for |
23 | | the licensure of
facilities under the Child Care Act of 1969, |
24 | | and persons required to file
reports and conduct |
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1 | | investigations of such reports under the Abused and
Neglected |
2 | | Child Reporting Act;
|
3 | | (b) Hastening the process of reconstituting the family and |
4 | | the marriage,
where such would be in the interest of the child;
|
5 | | (c) Marshaling and coordinating the services of all |
6 | | agencies responsible
for the detection of a sexually abused |
7 | | and exploited child and for
serving such a child, the child's |
8 | | family, or others responsible for the
child's welfare, as well |
9 | | as for the development of other
resources necessary to ensure |
10 | | a comprehensive program for the
prevention of such abuse and |
11 | | exploitation, supportive case management;
|
12 | | (d) Responding to individual physical, emotional, and |
13 | | social needs of
clients so that supportive services are |
14 | | individually tailored and applied
as long as necessary;
|
15 | | (e) Informing the public at large and professional |
16 | | agencies about the
problem of child sexual abuse and |
17 | | exploitation, methods of detecting and
responding to such |
18 | | incidents, including those established under the Abused
and |
19 | | Neglected Child Reporting Act, the availability of State |
20 | | service and other
resources for responding to victims of such |
21 | | abuse and exploitation, and about
the existence and supportive |
22 | | approach of treatment center programs; and
|
23 | | (f) Development of informational and training materials |
24 | | and seminars to
assure the availability of such programs and |
25 | | services throughout the State,
emphasizing the need for |
26 | | cooperation and coordination with all appropriate
elements of |
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1 | | the 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 |
4 | | Act 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 |
9 | | Police.
|
10 | | (c) "Unit of local government" is defined as in Article |
11 | | VII, Section 1
of the Illinois Constitution and includes both |
12 | | home rule units and units
which are not home rule units. The |
13 | | term is also defined to include all
public school districts |
14 | | subject 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 |
17 | | communication and
processing unit which permits a direct |
18 | | on-line communication with the Illinois
State Police's central |
19 | | data repository, the Law Enforcement
Agencies Data System |
20 | | (LEADS).
|
21 | | (f) A "primary contact agency" means a law enforcement |
22 | | agency which
maintains a LEADS terminal, or has immediate |
23 | | access to one on a
24-hour-per-day, 7-day-per-week basis by |
24 | | written 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 |
3 | | whose whereabouts
are unknown to his or her parents or legal |
4 | | guardian.
|
5 | | (i) "Exploitation" means activities and actions which |
6 | | include, but are
not limited to, child sexual abuse material |
7 | | pornography , aggravated child sexual abuse material |
8 | | pornography , child prostitution, child sexual abuse,
drug and |
9 | | substance 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 |
13 | | Reporting Act is amended by changing Section 10 as follows: |
14 | | (325 ILCS 47/10)
|
15 | | Sec. 10. Registration. Any entity, subject to the |
16 | | reporting requirements of 42 U.S.C. 13032, while engaged in |
17 | | providing an electronic communications service or a remote |
18 | | computing service to the public, must provide the following |
19 | | information to the Cyber Tipline at the National Center for |
20 | | Missing and Exploited Children in order to facilitate the |
21 | | required reporting of child sexual abuse material pornography |
22 | | crimes, 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 |
3 | | amended by changing Section 15-70 as follows: |
4 | | (705 ILCS 135/15-70)
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5 | | (Section scheduled to be repealed on January 1, 2024) |
6 | | Sec. 15-70. Conditional assessments. In addition to |
7 | | payments under one of the Schedule of Assessments 1 through 13 |
8 | | of this Act, the court shall also order payment of any of the |
9 | | following conditional assessment amounts for each sentenced |
10 | | violation in the case to which a conditional assessment is |
11 | | applicable, which shall be collected and remitted by the Clerk |
12 | | of 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 |
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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 |
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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; |
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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 |
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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,
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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,
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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
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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; |
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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; |
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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:
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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);
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22 | | (B) $300 to the State Treasurer who shall deposit |
23 | | the portion as follows:
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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;
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4 | | (iii) if the arresting or investigating agency |
5 | | is the Secretary of State,
into the Secretary of |
6 | | State Police Services Fund;
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7 | | (iv) if the arresting or investigating agency |
8 | | is the Illinois Commerce
Commission, into the |
9 | | Transportation Regulatory Fund; or
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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;
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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
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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; |
6 | | 102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff. |
7 | | 8-20-21; revised 10-13-21.) |
8 | | Section 45. The Juvenile Court Act of 1987 is amended by |
9 | | changing Section 3-40 as follows: |
10 | | (705 ILCS 405/3-40) |
11 | | Sec. 3-40. Minors involved in electronic dissemination of |
12 | | indecent visual depictions in need of supervision. |
13 | | (a) For the purposes of this Section: |
14 | | "Computer" has the meaning ascribed to it in Section |
15 | | 17-0.5 of the Criminal Code of 2012. |
16 | | "Electronic communication device" means an electronic |
17 | | device, including but not limited to a wireless telephone, |
18 | | personal digital assistant, or a portable or mobile computer, |
19 | | that is capable of transmitting images or pictures. |
20 | | "Indecent visual depiction" means a depiction or portrayal |
21 | | in any pose, posture, or setting involving a lewd exhibition |
22 | | of the unclothed or transparently clothed genitals, pubic |
23 | | area, buttocks, or, if such person is female, a fully or |
24 | | partially developed breast of the person. |
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1 | | "Minor" means a person under 18 years of age. |
2 | | (b) A minor shall not distribute or disseminate an |
3 | | indecent visual depiction of another minor through the use of |
4 | | a computer or electronic communication device. |
5 | | (c) Adjudication. A minor who violates subsection (b) of |
6 | | this Section may be subject to a petition for adjudication and |
7 | | adjudged a minor in need of supervision. |
8 | | (d) Kinds of dispositional orders. A minor found to be in |
9 | | need 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 |
15 | | a prosecution for disorderly conduct, public indecency, child |
16 | | sexual abuse material pornography , a violation of Article 26.5 |
17 | | (Harassing and Obscene Communications) of the Criminal Code of |
18 | | 2012, or any other applicable provision of law.
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19 | | (Source: P.A. 99-78, eff. 7-20-15.) |
20 | | Section 50. The Criminal Code of 2012 is amended by |
21 | | changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1, |
22 | | 11-20.2, 11-23, 11-25, 14-3, 26-4, and 36-1 as follows:
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23 | | (720 ILCS 5/3-5) (from Ch. 38, par. 3-5)
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24 | | Sec. 3-5. General limitations. |
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1 | | (a) A prosecution for: (1) first degree murder, attempt to |
2 | | commit first
degree
murder, second degree murder,
involuntary |
3 | | manslaughter, reckless homicide, a violation of subparagraph |
4 | | (F) of paragraph (1) of subsection (d) of Section 11-501 of the |
5 | | Illinois Vehicle Code for the offense of aggravated driving |
6 | | under the influence of alcohol, other drug or drugs, or |
7 | | intoxicating compound or compounds, or any combination thereof |
8 | | when the violation was a proximate cause of a death, leaving |
9 | | the scene of a motor vehicle accident involving death or |
10 | | personal injuries under Section 11-401 of the Illinois Vehicle |
11 | | Code, failing to give information and render aid under Section |
12 | | 11-403 of the Illinois Vehicle Code, concealment of homicidal
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13 | | death, treason, arson, residential arson, aggravated arson, |
14 | | forgery, child sexual abuse material pornography under |
15 | | paragraph (1) of subsection (a) of Section 11-20.1, or |
16 | | aggravated child sexual abuse material pornography under |
17 | | paragraph (1) of subsection (a) of Section 11-20.1B, or (2) |
18 | | any offense
involving sexual conduct or sexual penetration, as |
19 | | defined by
Section 11-0.1 of this Code may be commenced at any
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20 | | time.
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21 | | (a-5) A prosecution for theft of property exceeding |
22 | | $100,000 in value under Section 16-1, identity theft under |
23 | | subsection (a) of Section 16-30, aggravated identity theft |
24 | | under subsection (b) of Section 16-30, financial exploitation |
25 | | of an elderly person or a person with a disability under |
26 | | Section 17-56; theft by deception of a victim 60 years of age |
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1 | | or older or a person with a disability under Section 16-1; or |
2 | | any offense set forth in Article 16H or Section 17-10.6 may be |
3 | | commenced within 7 years of the last act committed in |
4 | | furtherance of the crime. |
5 | | (b) Unless the statute describing the offense provides |
6 | | otherwise, or the
period of limitation is extended by Section |
7 | | 3-6, a prosecution for any
offense not designated in |
8 | | subsection (a) or (a-5) must be commenced within 3 years
after |
9 | | the commission of the offense if it is a felony, or within one |
10 | | year
and 6 months after its commission if it is a misdemeanor.
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11 | | (Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22 .)
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12 | | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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13 | | Sec. 3-6. Extended limitations. The period within which a |
14 | | prosecution
must be commenced under the provisions of Section |
15 | | 3-5 or other applicable
statute is extended under the |
16 | | following conditions:
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17 | | (a) A prosecution for theft involving a breach of a |
18 | | fiduciary obligation
to the aggrieved person may be commenced |
19 | | as follows:
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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.
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24 | | (2) In any other instance, within one year after the |
25 | | discovery of the
offense by an aggrieved person, or by a |
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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.
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9 | | (b) A prosecution for any offense based upon misconduct in |
10 | | office by a
public officer or employee may be commenced within |
11 | | one year after discovery
of the offense by a person having a |
12 | | legal duty to report such offense, or
in the absence of such |
13 | | discovery, within one year after the proper
prosecuting |
14 | | officer becomes aware of the offense. However, in no such case
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15 | | is the period of limitation so extended more than 3 years |
16 | | beyond the
expiration of the period otherwise applicable.
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17 | | (b-5) When the victim is under 18 years of age at the time |
18 | | of the offense, a prosecution for involuntary servitude, |
19 | | involuntary sexual servitude of a minor, or trafficking in |
20 | | persons and related offenses under Section 10-9 of this Code |
21 | | may be commenced within 25 years of the victim attaining the |
22 | | age of 18 years. |
23 | | (b-6) When the victim is 18 years of age or over at the |
24 | | time of the offense, a prosecution for involuntary servitude, |
25 | | involuntary sexual servitude of a minor, or trafficking in |
26 | | persons and related offenses under Section 10-9 of this Code |
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1 | | may be commenced within 25 years after the commission of the |
2 | | offense. |
3 | | (b-7) When the victim is under 18 years of age at the time |
4 | | of the offense, a prosecution for female genital mutilation |
5 | | may be commenced at any time. |
6 | | (b-8) When the victim is under 17 years of age at the time |
7 | | of the offense or is a person with a disability, a prosecution |
8 | | for grooming may be commenced within 10 years after the victim |
9 | | or the person with a disability attains 17 years of age. |
10 | | (c) (Blank).
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11 | | (d) A prosecution for child sexual abuse material |
12 | | pornography , aggravated child sexual abuse material |
13 | | pornography , indecent
solicitation of a
child, soliciting for |
14 | | a juvenile prostitute, juvenile pimping,
exploitation of a |
15 | | child, or promoting juvenile prostitution except for keeping a |
16 | | place of juvenile prostitution may be commenced within one |
17 | | year of the victim
attaining the age of 18 years. However, in |
18 | | no such case shall the time
period for prosecution expire |
19 | | sooner than 3 years after the commission of
the offense.
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20 | | (e) Except as otherwise provided in subdivision (j), a |
21 | | prosecution for
any offense involving sexual conduct or sexual
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22 | | penetration, as defined in Section 11-0.1 of this Code, where |
23 | | the defendant
was within a professional or fiduciary |
24 | | relationship or a purported
professional or fiduciary |
25 | | relationship with the victim at the
time of the commission of |
26 | | the offense may be commenced within one year
after the |
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1 | | discovery of the offense by the victim.
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2 | | (f) A prosecution for any offense set forth in Section 44
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3 | | of the Environmental Protection Act
may be commenced within 5 |
4 | | years after the discovery of such
an offense by a person or |
5 | | agency having the legal duty to report the
offense or in the |
6 | | absence of such discovery, within 5 years
after the proper |
7 | | prosecuting officer becomes aware of the offense.
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8 | | (f-5) A prosecution for any offense set forth in Section |
9 | | 16-30 of this Code may be commenced within 5 years after the |
10 | | discovery of the offense by the victim of that offense.
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11 | | (g) (Blank).
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12 | | (h) (Blank).
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13 | | (i) Except as otherwise provided in subdivision (j), a |
14 | | prosecution for
criminal sexual assault, aggravated criminal
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15 | | sexual assault, or aggravated criminal sexual abuse may be |
16 | | commenced at any time. If the victim consented to the |
17 | | collection of evidence using an Illinois State Police Sexual |
18 | | Assault Evidence Collection Kit under the Sexual Assault |
19 | | Survivors Emergency Treatment Act, it shall constitute |
20 | | reporting for purposes of this Section.
|
21 | | Nothing in this subdivision (i) shall be construed to
|
22 | | shorten a period within which a prosecution must be commenced |
23 | | under any other
provision of this Section.
|
24 | | (i-5) A prosecution for armed robbery, home invasion, |
25 | | kidnapping, or aggravated kidnapping kidnaping may be |
26 | | commenced within 10 years of the commission of the offense if |
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1 | | it arises out of the same course of conduct and meets the |
2 | | criteria under one of the offenses in subsection (i) of this |
3 | | Section. |
4 | | (j) (1) When the victim is under 18 years of age at the |
5 | | time of the offense, a
prosecution
for criminal sexual |
6 | | assault, aggravated criminal sexual assault, predatory
|
7 | | criminal sexual assault of a child, aggravated criminal sexual |
8 | | abuse, felony criminal sexual abuse, or female genital |
9 | | mutilation may be commenced at any time. |
10 | | (2) When in circumstances other than as described in |
11 | | paragraph (1) of this subsection (j), when the victim is under |
12 | | 18 years of age at the time of the offense, a prosecution for |
13 | | failure of a person who is required to report an alleged
or |
14 | | suspected commission of criminal sexual assault, aggravated |
15 | | criminal sexual assault, predatory criminal sexual assault of |
16 | | a child, aggravated criminal sexual abuse, or felony criminal |
17 | | sexual abuse under the Abused and Neglected
Child Reporting |
18 | | Act may be
commenced within 20 years after the child victim |
19 | | attains 18
years of age. |
20 | | (3) When the victim is under 18 years of age at the time of |
21 | | the offense, a
prosecution
for misdemeanor criminal sexual |
22 | | abuse may be
commenced within 10 years after the child victim |
23 | | attains 18
years of age.
|
24 | | (4) Nothing in this subdivision (j) shall be construed to
|
25 | | shorten a period within which a prosecution must be commenced |
26 | | under any other
provision of this Section.
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1 | | (j-5) A prosecution for armed robbery, home invasion, |
2 | | kidnapping, or aggravated kidnapping kidnaping may be |
3 | | commenced at any time if it arises out of the same course of |
4 | | conduct and meets the criteria under one of the offenses in |
5 | | subsection (j) of this Section. |
6 | | (k) (Blank).
|
7 | | (l) A prosecution for any offense set forth in Section |
8 | | 26-4 of this Code may be commenced within one year after the |
9 | | discovery of the offense by the victim of that offense. |
10 | | (l-5) A prosecution for any offense involving sexual |
11 | | conduct or sexual penetration, as defined in Section 11-0.1 of |
12 | | this Code, in which the victim was 18 years of age or older at |
13 | | the time of the offense, may be commenced within one year after |
14 | | the discovery of the offense by the victim when corroborating |
15 | | physical evidence is available. The charging document shall |
16 | | state that the statute of limitations is extended under this |
17 | | subsection (l-5) and shall state the circumstances justifying |
18 | | the extension.
Nothing in this subsection (l-5) shall be |
19 | | construed to shorten a period within which a prosecution must |
20 | | be commenced under any other provision of this Section or |
21 | | Section 3-5 of this Code. |
22 | | (m) The prosecution shall not be required to prove at |
23 | | trial facts which extend the general limitations in Section |
24 | | 3-5 of this Code when the facts supporting extension of the |
25 | | period of general limitations are properly pled in the |
26 | | charging document. Any challenge relating to the extension of |
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1 | | the general limitations period as defined in this Section |
2 | | shall be exclusively conducted under Section 114-1 of the Code |
3 | | of 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 |
6 | | Illinois Public Aid Code, in which the total amount of money |
7 | | involved is $5,000 or more, including the monetary value of |
8 | | food stamps and the value of commodities under Section 16-1 of |
9 | | this Code may be commenced within 5 years of the last act |
10 | | committed in furtherance of the offense. |
11 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
12 | | 101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff. |
13 | | 8-20-21.) |
14 | | (720 ILCS 5/11-0.1) |
15 | | Sec. 11-0.1. Definitions. In this Article, unless the |
16 | | context clearly requires otherwise, the following terms are |
17 | | defined as indicated: |
18 | | "Accused" means a person accused of an offense prohibited |
19 | | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of |
20 | | this Code or a person for whose conduct the accused is legally |
21 | | responsible under Article 5 of this Code. |
22 | | "Adult obscenity or child sexual abuse material |
23 | | pornography Internet site". See Section 11-23. |
24 | | "Advance prostitution" means: |
25 | | (1) Soliciting for a prostitute by performing any of |
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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 |
2 | | not limited to, sexually transmitted disease, pregnancy, and |
3 | | impotence. |
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 |
7 | | 11-20.1. |
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 |
12 | | sexual penetration or sexual conduct in question. Lack of |
13 | | verbal or physical resistance or submission by the victim |
14 | | resulting from the use of force or threat of force by the |
15 | | accused shall not constitute consent. The manner of dress of |
16 | | the victim at the time of the offense shall not constitute |
17 | | consent. |
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, |
25 | | sibling, aunt, uncle, great-aunt, or great-uncle, whether by |
26 | | whole blood, half-blood, or adoption, and includes a |
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1 | | step-grandparent, step-parent, or step-child. "Family member" |
2 | | also means, if the victim is a child under 18 years of age, an |
3 | | accused who has resided in the household with the child |
4 | | continuously for at least 3 6 months. |
5 | | "Force or threat of force" means the use of force or |
6 | | violence or the threat of force or violence, including, but |
7 | | not 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 |
24 | | 11-9.1A. |
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 |
4 | | as a prostitute, to receive anything of value for personally |
5 | | rendered prostitution services or to receive anything of value |
6 | | from a prostitute, if the thing received is not for lawful |
7 | | consideration and the person knows it was earned in whole or in |
8 | | part 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 |
18 | | the victim or the accused, either directly or through |
19 | | clothing, of the sex organs, anus, or breast of the victim or |
20 | | the accused, or any part of the body of a child under 13 years |
21 | | of age, or any transfer or transmission of semen by the accused |
22 | | upon any part of the clothed or unclothed body of the victim, |
23 | | for the purpose of sexual gratification or arousal of the |
24 | | victim or the accused. |
25 | | "Sexual excitement". See Section 11-21. |
26 | | "Sexual penetration" means any contact, however slight, |
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1 | | between the sex organ or anus of one person and an object or |
2 | | the sex organ, mouth, or anus of another person, or any |
3 | | intrusion, however slight, of any part of the body of one |
4 | | person or of any animal or object into the sex organ or anus of |
5 | | another person, including, but not limited to, cunnilingus, |
6 | | fellatio, or anal penetration. Evidence of emission of semen |
7 | | is 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 |
14 | | administers any intoxicating or anesthetic substance, or any |
15 | | controlled substance causing the victim to become unconscious |
16 | | of the nature of the act and this condition was known, or |
17 | | reasonably should have been known by the accused. As used in |
18 | | this paragraph, "unconscious of the nature of the act" means |
19 | | incapable of resisting because the victim meets any one of the |
20 | | following 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 |
10 | | consent A victim is presumed "unable to give knowing consent" |
11 | | when 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 |
22 | | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, |
23 | | 11-1.50, 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 |
3 | | the presence
or virtual presence, or both, of a child and with |
4 | | knowledge that a child or one whom he or she believes to be a |
5 | | child 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 |
15 | | knowingly
entices, coerces, or persuades a child to remove the |
16 | | child's clothing for the
purpose of sexual arousal or |
17 | | gratification 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 |
20 | | penetration
as defined in Section 11-0.1 of this Code.
|
21 | | "Sex offense" means any violation
of
Article 11 of this |
22 | | Code.
|
23 | | "Child" means a person under 17 years of age.
|
24 | | "Virtual presence" means an environment that is created |
25 | | with software and presented to the user and or receiver via the |
26 | | Internet, in such a way that the user appears in front of the |
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1 | | receiver on the computer monitor or screen or hand-held |
2 | | portable electronic device, usually through a web camming |
3 | | program. "Virtual presence" includes primarily experiencing |
4 | | through sight or sound, or both, a video image that can be |
5 | | explored interactively at a personal computer or hand-held |
6 | | communication device, or both. |
7 | | "Webcam" means a video capturing device connected to a |
8 | | computer or computer network that is designed to take digital |
9 | | photographs or live or recorded video which allows for the |
10 | | live 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
|
7 | | offenders prohibited; approaching, contacting, residing with, |
8 | | or communicating with a child within certain places by child |
9 | | sex offenders prohibited.
|
10 | | (a) It is unlawful for a child sex offender to knowingly be |
11 | | present in any
school building, on real property comprising |
12 | | any school, or in any conveyance
owned, leased, or contracted |
13 | | by a school to transport students to or from
school or a school |
14 | | related activity when persons under the age of 18 are
present |
15 | | in the building, on the grounds or in
the conveyance, unless |
16 | | the offender is a parent or guardian of a student attending the |
17 | | school and the parent or guardian is: (i) attending a |
18 | | conference at the school with school personnel to discuss the |
19 | | progress of his or her child academically or socially, (ii) |
20 | | participating in child review conferences in which evaluation |
21 | | and placement decisions may be made with respect to his or her |
22 | | child regarding special education services, or (iii) attending |
23 | | conferences to discuss other student issues concerning his or |
24 | | her child such as retention and promotion and notifies the |
25 | | principal of the school of his or her presence at the school or |
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1 | | unless the
offender has permission to be present from the
|
2 | | superintendent or the school board or in the case of a private |
3 | | school from the
principal. In the case of a public school, if |
4 | | permission is granted, the
superintendent or school board |
5 | | president must inform the principal of the
school where the |
6 | | sex offender will be present. Notification includes the
nature |
7 | | of the sex offender's visit and the hours in which the sex |
8 | | offender will
be present in the school. The sex offender is |
9 | | responsible for notifying the
principal's office when he or |
10 | | she arrives on school property and when he or she
departs from |
11 | | school property. If the sex offender is to be present in the
|
12 | | vicinity of children, the sex offender has the duty to remain |
13 | | under the direct
supervision of a school official.
|
14 | | (a-5) It is unlawful for a child sex offender to knowingly |
15 | | be present within 100 feet of a site posted as a pick-up or |
16 | | discharge stop for a conveyance owned, leased, or contracted |
17 | | by a school to transport students to or from school or a school |
18 | | related activity when one or more persons under the age of 18 |
19 | | are present at the site.
|
20 | | (a-10) It is unlawful for a child sex offender to |
21 | | knowingly be present in any
public park building, a playground |
22 | | or recreation area within any publicly accessible privately |
23 | | owned building, or on real property comprising any public park
|
24 | | when persons under the age of
18 are
present in the building or |
25 | | on the grounds
and to approach, contact, or communicate with a |
26 | | child under 18 years of
age,
unless the
offender
is a parent or |
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1 | | guardian of a person under 18 years of age present in the
|
2 | | building or on the
grounds. |
3 | | (b) It is unlawful for a child sex offender to knowingly |
4 | | loiter within 500 feet of a school building or real property |
5 | | comprising any school
while persons under the age of 18 are |
6 | | present in the building or on the
grounds,
unless the offender |
7 | | is a parent or guardian of a student attending the school and |
8 | | the parent or guardian is: (i) attending a conference at the |
9 | | school with school personnel to discuss the progress of his or |
10 | | her child academically or socially, (ii) participating in |
11 | | child review conferences in which evaluation and placement |
12 | | decisions may be made with respect to his or her child |
13 | | regarding special education services, or (iii) attending |
14 | | conferences to discuss other student issues concerning his or |
15 | | her child such as retention and promotion and notifies the |
16 | | principal of the school of his or her presence at the school or |
17 | | has permission to be present from the
superintendent or the |
18 | | school board or in the case of a private school from the
|
19 | | principal. In the case of a public school, if permission is |
20 | | granted, the
superintendent or school board president must |
21 | | inform the principal of the
school where the sex offender will |
22 | | be present. Notification includes the
nature of the sex |
23 | | offender's visit and the hours in which the sex offender will
|
24 | | be present in the school. The sex offender is responsible for |
25 | | notifying the
principal's office when he or she arrives on |
26 | | school property and when he or she
departs from school |
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1 | | property. If the sex offender is to be present in the
vicinity |
2 | | of children, the sex offender has the duty to remain under the |
3 | | direct
supervision of a school official.
|
4 | | (b-2) It is unlawful for a child sex offender to knowingly |
5 | | loiter on a public
way within 500 feet of a public park |
6 | | building or real property comprising any
public park while |
7 | | persons under the age of 18 are present in the building or on |
8 | | the
grounds
and to approach, contact, or communicate with a |
9 | | child under 18 years of
age,
unless the offender
is a parent or |
10 | | guardian of a person under 18 years of age present in the
|
11 | | building or on the grounds. |
12 | | (b-5) It is unlawful for a child sex offender to knowingly |
13 | | reside within
500 feet of a school building or the real |
14 | | property comprising any school that
persons under the age of |
15 | | 18 attend. Nothing in this subsection (b-5) prohibits
a child |
16 | | sex offender from residing within 500 feet of a school |
17 | | building or the
real property comprising any school that |
18 | | persons under 18 attend if the
property is owned by the child |
19 | | sex offender and was purchased before July 7, 2000 (the
|
20 | | effective date of Public Act 91-911).
|
21 | | (b-10) It is unlawful for a child sex offender to |
22 | | knowingly reside within
500 feet of a playground, child care |
23 | | institution, day care center, part day child care facility, |
24 | | day care home, group day care home, or a facility providing |
25 | | programs or services
exclusively directed toward persons under |
26 | | 18 years of age. Nothing in this
subsection (b-10) prohibits a |
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1 | | child sex offender from residing within 500 feet
of a |
2 | | playground or a facility providing programs or services |
3 | | exclusively
directed toward persons under 18 years of age if |
4 | | the property is owned by the
child sex offender and was |
5 | | purchased before July 7, 2000. Nothing in this
subsection |
6 | | (b-10) prohibits a child sex offender from residing within 500 |
7 | | feet
of a child care institution, day care center, or part day |
8 | | child care facility if the property is owned by the
child sex |
9 | | offender and was purchased before June 26, 2006. Nothing in |
10 | | this subsection (b-10) prohibits a child sex offender from |
11 | | residing within 500 feet of a day care home or group day care |
12 | | home if the property is owned by the child sex offender and was |
13 | | purchased before August 14, 2008 (the effective date of Public |
14 | | Act 95-821). |
15 | | (b-15) It is unlawful for a child sex offender to |
16 | | knowingly reside within
500 feet of the victim of the sex |
17 | | offense. Nothing in this
subsection (b-15) prohibits a child |
18 | | sex offender from residing within 500 feet
of the victim if the |
19 | | property in which the child sex offender resides is owned by |
20 | | the
child sex offender and was purchased before August 22, |
21 | | 2002. |
22 | | This subsection (b-15) does not apply if the victim of the |
23 | | sex offense
is 21 years of age or older. |
24 | | (b-20) It is unlawful for a child sex offender to |
25 | | knowingly communicate, other than for a lawful purpose under |
26 | | Illinois law, using the Internet or any other digital media, |
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1 | | with a person under 18 years of age or with a person whom he or |
2 | | she believes to be a person under 18 years of age,
unless the |
3 | | offender
is a parent or guardian of the person under 18 years |
4 | | of age. |
5 | | (c) It is unlawful for a child sex offender to knowingly |
6 | | operate, manage,
be employed by, volunteer at, be associated |
7 | | with, or knowingly be present at
any: (i) facility providing
|
8 | | programs or services exclusively directed toward persons under |
9 | | the age of 18; (ii) day care center; (iii) part day child care |
10 | | facility; (iv) child care institution; (v) school providing |
11 | | before and after school programs for children under 18 years |
12 | | of age; (vi) day care home; or (vii) group day care home.
This |
13 | | does not prohibit a child sex offender from owning the real |
14 | | property upon
which the programs or services are offered or |
15 | | upon which the day care center, part day child care facility, |
16 | | child care institution, or school providing before and after |
17 | | school programs for children under 18 years of age is located, |
18 | | provided the child sex offender
refrains from being present on |
19 | | the premises for the hours during which: (1) the
programs or |
20 | | services are being offered or (2) the day care center, part day |
21 | | child care facility, child care institution, or school |
22 | | providing before and after school programs for children under |
23 | | 18 years of age, day care home, or group day care home is |
24 | | operated. |
25 | | (c-2) It is unlawful for a child sex offender to |
26 | | participate in a holiday event involving children under 18 |
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1 | | years of age, including but not limited to distributing candy |
2 | | or other items to children on Halloween, wearing a Santa Claus |
3 | | costume on or preceding Christmas, being employed as a |
4 | | department store Santa Claus, or wearing an Easter Bunny |
5 | | costume on or preceding Easter. For the purposes of this |
6 | | subsection, child sex offender has the meaning as defined in |
7 | | this Section, but does not include as a sex offense under |
8 | | paragraph (2) of subsection (d) of this Section, the offense |
9 | | under subsection (c) of Section 11-1.50 of this Code. This |
10 | | subsection does not apply to a child sex offender who is a |
11 | | parent or guardian of children under 18 years of age that are |
12 | | present in the home and other non-familial minors are not |
13 | | present. |
14 | | (c-5) It is unlawful for a child sex offender to knowingly |
15 | | operate, manage, be employed by, or be associated with any |
16 | | county fair when persons under the age of 18 are present. |
17 | | (c-6) It is unlawful for a child sex offender who owns and |
18 | | resides at residential real estate to knowingly rent any |
19 | | residential unit within the same building in which he or she |
20 | | resides to a person who is the parent or guardian of a child or |
21 | | children under 18 years of age. This subsection shall apply |
22 | | only to leases or other rental arrangements entered into after |
23 | | January 1, 2009 (the effective date of Public Act 95-820). |
24 | | (c-7) It is unlawful for a child sex offender to knowingly |
25 | | offer or provide any programs or services to persons under 18 |
26 | | years of age in his or her residence or the residence of |
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1 | | another or in any facility for the purpose of offering or |
2 | | providing such programs or services, whether such programs or |
3 | | services are offered or provided by contract, agreement, |
4 | | arrangement, or on a volunteer basis. |
5 | | (c-8) It is unlawful for a child sex offender to knowingly |
6 | | operate, whether authorized to do so or not, any of the |
7 | | following vehicles: (1) a vehicle which is specifically |
8 | | designed, constructed or modified and equipped to be used for |
9 | | the retail sale of food or beverages, including but not |
10 | | limited to an ice cream truck; (2) an authorized emergency |
11 | | vehicle; 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 |
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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 |
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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 |
18 | | distance shall be measured from: (1) the edge of the property |
19 | | of the school building or the real property comprising the |
20 | | school that is closest to the edge of the property of the child |
21 | | sex offender's residence or where he or she is loitering, and |
22 | | (2) the edge of the property comprising the public park |
23 | | building or the real property comprising the public park, |
24 | | playground, child care institution, day care center, part day |
25 | | child care facility, or facility providing programs or |
26 | | services exclusively directed toward persons under 18 years of |
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1 | | age, or a victim of the sex offense who is under 21 years of |
2 | | age, to the edge of the child sex offender's place of residence |
3 | | or place where he or she is loitering.
|
4 | | (f) Sentence. A person who violates this Section is guilty |
5 | | of 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 |
10 | | pornography 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, |
8 | | photograph, or other similar visual reproduction or depiction |
9 | | by computer in violation of this Section constitutes a single |
10 | | and separate violation. This subsection (a-5) does not apply |
11 | | to multiple copies of the same film, videotape, photograph, or |
12 | | other similar visual reproduction or depiction by computer |
13 | | that are identical to each other.
|
14 | | (b)(1) It shall be an affirmative defense to a charge of |
15 | | child
sexual abuse material pornography that the defendant |
16 | | reasonably believed, under all of the
circumstances, that the |
17 | | child was 18 years of age or older or that the
person was not a |
18 | | person with a severe or profound intellectual disability but |
19 | | only where, prior to the act or acts giving rise to a
|
20 | | prosecution under this Section, he or she took some |
21 | | affirmative action or made a
bonafide inquiry designed to |
22 | | ascertain whether the child was 18 years of
age or older or |
23 | | that the person was not a person with a severe or profound |
24 | | intellectual disability and his or her reliance upon the |
25 | | information
so obtained was clearly reasonable.
|
26 | | (1.5) Telecommunications carriers, commercial mobile |
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1 | | service providers, and providers of information services, |
2 | | including, but not limited to, Internet service providers and |
3 | | hosting service providers, are not liable under this Section |
4 | | by virtue of the transmission, storage, or caching of |
5 | | electronic communications or messages of others or by virtue |
6 | | of the provision of other related telecommunications, |
7 | | commercial mobile services, or information services used by |
8 | | others in violation of this Section.
|
9 | | (2) (Blank).
|
10 | | (3) The charge of child sexual abuse material pornography |
11 | | shall not apply to the performance
of official duties by law |
12 | | enforcement or prosecuting officers or persons employed by law |
13 | | enforcement or prosecuting agencies, court personnel
or |
14 | | attorneys, nor to bonafide treatment or professional education |
15 | | programs
conducted by licensed physicians, psychologists or |
16 | | social workers. In any criminal proceeding, any property or |
17 | | material that constitutes child sexual abuse material |
18 | | pornography shall remain in the care, custody, and control of |
19 | | either the State or the court. A motion to view the evidence |
20 | | shall comply with subsection (e-5) of this Section.
|
21 | | (4) If the defendant possessed more than one of the same |
22 | | film,
videotape or visual reproduction or depiction by |
23 | | computer in which child
sexual abuse material pornography is |
24 | | depicted, then the trier of fact may infer
that the defendant |
25 | | possessed such
materials with the intent to disseminate them.
|
26 | | (5) The charge of child sexual abuse material pornography |
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1 | | does not apply to a person who does
not voluntarily possess a |
2 | | film, videotape, or visual reproduction or depiction
by |
3 | | computer in which child sexual abuse material pornography is |
4 | | depicted. Possession is voluntary if
the defendant knowingly |
5 | | procures or receives a film, videotape, or visual
reproduction |
6 | | or depiction for a sufficient time to be able to terminate his
|
7 | | or 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, |
10 | | solicited for, depicted in, or posed in any act of sexual |
11 | | penetration or bound, fettered, or subject to sadistic, |
12 | | masochistic, or sadomasochistic abuse in a sexual context |
13 | | shall be deemed a crime of violence. |
14 | | (c) If the violation does not involve a film, videotape, |
15 | | or other moving depiction, a violation of paragraph (1), (4), |
16 | | (5), or (7) of subsection (a) is a
Class 1 felony with a |
17 | | mandatory minimum fine of $2,000 and a maximum fine of
|
18 | | $100,000. If the violation involves a film, videotape, or |
19 | | other moving depiction, a violation of paragraph (1), (4), |
20 | | (5), or (7) of subsection (a) is a
Class X felony with a |
21 | | mandatory minimum fine of $2,000 and a maximum fine of
|
22 | | $100,000. If the violation does not involve a film, videotape, |
23 | | or other moving depiction, a violation of paragraph (3) of |
24 | | subsection (a) is a Class 1 felony
with a mandatory minimum |
25 | | fine of $1500 and a maximum fine of $100,000. If the violation |
26 | | involves a film, videotape, or other moving depiction, a |
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1 | | violation of paragraph (3) of subsection (a) is a Class X |
2 | | felony
with a mandatory minimum fine of $1500 and a maximum |
3 | | fine of $100,000.
If the violation does not involve a film, |
4 | | videotape, or other moving depiction, a violation
of paragraph |
5 | | (2) of subsection (a) is a Class 1 felony with a
mandatory |
6 | | minimum fine of $1000 and a maximum fine of $100,000. If the |
7 | | violation involves a film, videotape, or other moving |
8 | | depiction, a violation of paragraph (2) of subsection (a) is a |
9 | | Class X felony with a
mandatory minimum fine of $1000 and a |
10 | | maximum fine of $100,000. If the violation does not involve a |
11 | | film, videotape, or other moving depiction, a violation of
|
12 | | paragraph (6) of subsection (a) is a Class 3 felony with a |
13 | | mandatory
minimum fine of $1000 and a maximum fine of |
14 | | $100,000. If the violation involves a film, videotape, or |
15 | | other moving depiction, a violation of
paragraph (6) of |
16 | | subsection (a) is a Class 2 felony with a mandatory
minimum |
17 | | fine of $1000 and a maximum fine of $100,000.
|
18 | | (c-5) Where the child depicted is under the age of 13, a |
19 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of |
20 | | subsection (a) is a Class X felony with a mandatory minimum |
21 | | fine of $2,000 and a maximum fine of $100,000. Where the child |
22 | | depicted is under the age of 13, a violation of paragraph (6) |
23 | | of subsection (a) is a Class 2 felony with a mandatory minimum |
24 | | fine of $1,000 and a maximum fine of $100,000. Where the child |
25 | | depicted is under the age of 13, a person who commits a |
26 | | violation of paragraph (1), (2), (3), (4), (5), or (7) of |
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1 | | subsection (a) where the defendant has previously been |
2 | | convicted under the laws of this State or any other state of |
3 | | the offense of child sexual abuse material pornography , |
4 | | aggravated child sexual abuse material pornography , aggravated |
5 | | criminal sexual abuse, aggravated criminal sexual assault, |
6 | | predatory criminal sexual assault of a child, or any of the |
7 | | offenses formerly known as rape, deviate sexual assault, |
8 | | indecent liberties with a child, or aggravated indecent |
9 | | liberties with a child where the victim was under the age of 18 |
10 | | years or an offense that is substantially equivalent to those |
11 | | offenses, is guilty of a Class X felony for which the person |
12 | | shall be sentenced to a term of imprisonment of not less than 9 |
13 | | years with a mandatory minimum fine of $2,000 and a maximum |
14 | | fine of $100,000.
Where the child depicted is under the age of |
15 | | 13, a person who commits a violation of paragraph (6) of |
16 | | subsection (a) where the defendant has previously been |
17 | | convicted under the laws of this State or any other state of |
18 | | the offense of child sexual abuse material pornography , |
19 | | aggravated child sexual abuse material pornography , aggravated |
20 | | criminal sexual abuse, aggravated criminal sexual assault, |
21 | | predatory criminal sexual assault of a child, or any of the |
22 | | offenses formerly known as rape, deviate sexual assault, |
23 | | indecent liberties with a child, or aggravated indecent |
24 | | liberties with a child where the victim was under the age of 18 |
25 | | years or an offense that is substantially equivalent to those |
26 | | offenses, is guilty of a Class 1 felony with a mandatory |
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1 | | minimum fine of $1,000 and a maximum fine of $100,000. The |
2 | | issue of whether the child depicted is under the age of 13 is |
3 | | an element of the offense to be resolved by the trier of fact. |
4 | | (d) If a person is convicted of a second or subsequent |
5 | | violation of
this Section within 10 years of a prior |
6 | | conviction, the court shall order a
presentence psychiatric |
7 | | examination of the person. The examiner shall report
to the |
8 | | court whether treatment of the person is necessary.
|
9 | | (e) Any film, videotape, photograph or other similar |
10 | | visual reproduction
or depiction by computer which includes a |
11 | | child under the age of 18 or a
person with a severe or profound |
12 | | intellectual disability engaged in any activity
described in |
13 | | subparagraphs (i) through (vii) of or paragraph (1) 1 of |
14 | | subsection
(a), and any material or equipment used or intended |
15 | | for use in photographing,
filming, printing, producing, |
16 | | reproducing, manufacturing, projecting,
exhibiting, depiction |
17 | | by computer, or disseminating such material shall be
seized |
18 | | and forfeited in the manner, method and procedure provided by |
19 | | Section
36-1 of this Code for the seizure and forfeiture of |
20 | | vessels, vehicles and
aircraft.
|
21 | | In addition, any person convicted under this Section is |
22 | | subject to the property forfeiture provisions set forth in |
23 | | Article 124B of the Code of Criminal Procedure of 1963. |
24 | | (e-5) Upon the conclusion of a case brought under this |
25 | | Section, the court
shall seal all evidence depicting a victim |
26 | | or witness that is sexually
explicit. The evidence may be |
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1 | | unsealed and viewed, on a motion of the party
seeking to unseal |
2 | | and view the evidence, only for good cause shown and in the
|
3 | | discretion of the court. The motion must expressly set forth |
4 | | the purpose for
viewing the material. The State's Attorney |
5 | | attorney and the victim, if possible, shall
be provided |
6 | | reasonable notice of the hearing on the motion to unseal the
|
7 | | evidence. Any person entitled to notice of a hearing under |
8 | | this 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 |
24 | | print processors or computer technicians to report sexual |
25 | | depiction of children.
|
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1 | | (a) Any commercial film and photographic print processor |
2 | | or computer technician who
has knowledge of or observes, |
3 | | within the scope of his professional capacity
or employment, |
4 | | any film, photograph, videotape, negative,
slide, computer |
5 | | hard drive or any other magnetic or optical media which
|
6 | | depicts a child whom the processor or computer technician |
7 | | knows or reasonably should know to be
under the age of 18 where |
8 | | such 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;
|
8 | | shall report or cause a report to be made pursuant to |
9 | | subsections (b) and (c) as
soon as reasonably possible. |
10 | | Failure to make such report shall be a business offense
with a |
11 | | fine of $1,000.
|
12 | | (b) Commercial film and photographic film processors shall |
13 | | report or cause a report to be made to the local law |
14 | | enforcement agency of the jurisdiction in which the image or |
15 | | images described in subsection (a) are discovered. |
16 | | (c) Computer technicians shall report or cause the report |
17 | | to be made to the local law enforcement agency of the |
18 | | jurisdiction in which the image or images described in |
19 | | subsection (a) are discovered or to the Illinois Child |
20 | | Exploitation e-Tipline at reportchildporn@atg.state.il.us. |
21 | | (d) Reports required by this Act shall include the |
22 | | following information:
(i) name, address, and telephone number |
23 | | of the person filing the report;
(ii) the employer of the |
24 | | person filing the report, if any;
(iii) the name, address and |
25 | | telephone number of the person whose property is the subject |
26 | | of the report, if known;
(iv) the circumstances which led to |
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1 | | the filing of the report, including a description of the |
2 | | reported content. |
3 | | (e) If a report is filed with the Cyber Tipline at the |
4 | | National Center for Missing and Exploited Children or in |
5 | | accordance with the requirements of 42 U.S.C. 13032, the |
6 | | requirements of this Act will be deemed to have been met. |
7 | | (f) A computer technician or an employer caused to report |
8 | | child sexual abuse material pornography under this Section is |
9 | | immune from any criminal, civil, or administrative liability |
10 | | in connection with making the report, except for willful or |
11 | | wanton misconduct. |
12 | | (g) For the purposes of this Section, a "computer |
13 | | technician" is a person who installs, maintains, |
14 | | troubleshoots, repairs or upgrades computer hardware, |
15 | | software, computer networks, peripheral equipment, electronic |
16 | | mail systems, or provides user assistance for any of the |
17 | | aforementioned 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 |
21 | | on a pornographic
Internet site or possessing graphic |
22 | | information with pornographic material. |
23 | | (a) A person at least 17 years of age who knowingly |
24 | | discloses on an adult obscenity or
child
sexual abuse material |
25 | | pornography Internet site the name, address, telephone number, |
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1 | | or e-mail
address of a person
under 17 years of age at the time |
2 | | of the commission of
the offense or of a person at least 17 |
3 | | years of age without the consent of
the person at least 17 |
4 | | years of age is guilty of posting of
identifying information |
5 | | on a pornographic Internet site.
|
6 | | (a-5) Any person who knowingly places, posts, reproduces, |
7 | | or maintains on an adult obscenity or child sexual abuse |
8 | | material pornography Internet site a photograph, video, or |
9 | | digital image of a person under 18 years of age that is not |
10 | | child sexual abuse material pornography under Section 11-20.1, |
11 | | without the knowledge and consent of the person under 18 years |
12 | | of age, is guilty of posting of graphic information on a |
13 | | pornographic Internet site. This provision applies even if the |
14 | | person under 18 years of age is fully or properly clothed in |
15 | | the photograph, video, or digital image. |
16 | | (a-10) Any person who knowingly places, posts, reproduces, |
17 | | or maintains on an adult obscenity or child sexual abuse |
18 | | material pornography Internet site, or possesses with obscene |
19 | | or child pornographic material a photograph, video, or digital |
20 | | image of a person under 18 years of age in which the child is |
21 | | posed in a suggestive manner with the focus or concentration |
22 | | of the image on the child's clothed genitals, clothed pubic |
23 | | area, clothed buttocks area, or if the child is female, the |
24 | | breast exposed through transparent clothing, and the |
25 | | photograph, video, or digital image is not child sexual abuse |
26 | | material pornography under Section 11-20.1, is guilty of |
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1 | | posting of graphic information on a pornographic Internet site |
2 | | or possessing graphic information with pornographic material. |
3 | | (b) Sentence. A person who violates subsection (a) of this |
4 | | Section is guilty of a Class 4
felony if the victim is at least |
5 | | 17 years of age at the time of the offense and
a
Class 3 felony |
6 | | if the victim is under 17 years of age at the time of the
|
7 | | offense. A person who violates subsection (a-5) of this |
8 | | Section is guilty of a Class 4 felony. A person who violates |
9 | | subsection (a-10) of this Section is guilty of a Class 3 |
10 | | felony.
|
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 |
25 | | uses a computer on-line service, Internet service, local |
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1 | | bulletin board service, or any other device capable of |
2 | | electronic data storage or transmission to seduce, solicit, |
3 | | lure, or entice, or attempt to seduce, solicit, lure, or |
4 | | entice, a child, a child's guardian, or another person |
5 | | believed by the person to be a child or a child's guardian, to |
6 | | commit any sex offense as defined in Section 2 of the Sex |
7 | | Offender Registration Act, to distribute photographs depicting |
8 | | the sex organs of the child, or to otherwise engage in any |
9 | | unlawful sexual conduct with a child or with another person |
10 | | believed 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 |
14 | | require actual or attempted physical contact between 2 |
15 | | persons . |
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
|
20 | | exempt 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
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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
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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.
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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 |
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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 |
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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 |
3 | | transmission.
|
4 | | (a) It is unlawful for any person to knowingly make a video |
5 | | record or transmit live video of
another person without that |
6 | | person's consent in a restroom, tanning bed,
tanning salon, |
7 | | locker room, changing room, or hotel bedroom.
|
8 | | (a-5) It is unlawful for any person to knowingly make a |
9 | | video record or transmit live video of another person in that |
10 | | other person's residence
without that person's consent.
|
11 | | (a-6) It is unlawful for any person to knowingly make a |
12 | | video record or transmit live video of another person in that |
13 | | other person's residence without that person's consent when |
14 | | the recording or transmission is made outside that person's |
15 | | residence by use of an audio or video device that records or |
16 | | transmits from a remote location. |
17 | | (a-10) It is unlawful for any person to knowingly make a |
18 | | video record or transmit live video of another person's |
19 | | intimate parts
for the purpose of viewing the body of or the |
20 | | undergarments worn by that other
person
without that person's |
21 | | consent. For the purposes of this subsection (a-10), "intimate |
22 | | parts" means the fully unclothed, partially unclothed, or |
23 | | transparently clothed genitals, pubic area, anus, or if the |
24 | | person is female, a partially or fully exposed nipple, |
25 | | including exposure through transparent clothing.
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1 | | (a-15) It is unlawful for any person to place or cause to |
2 | | be placed a device that makes a video record or transmits a |
3 | | live video in a restroom, tanning bed, tanning salon, locker |
4 | | room, changing room, or hotel bedroom with the intent to make a |
5 | | video record or transmit live video of another person without |
6 | | that person's consent. |
7 | | (a-20) It is unlawful for any person to place or cause to |
8 | | be placed a device that makes a video record or transmits a |
9 | | live video with the intent to make a video record or transmit |
10 | | live video of another person in a that other person's |
11 | | residence without that person's consent. |
12 | | (a-25) It is unlawful for any person to, by any means, |
13 | | knowingly disseminate, or permit to be disseminated, a video |
14 | | record or live video that he or she knows to have been made or |
15 | | transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15), |
16 | | or (a-20).
|
17 | | (b) Exemptions. The following activities shall be exempt |
18 | | from 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 |
7 | | sound recording
or transmission of an oral conversation made |
8 | | as the result of the making of a video record or transmission |
9 | | of 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.
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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 |
14 | | subject to forfeiture under this Article if the vessel or |
15 | | watercraft, vehicle, or aircraft is used with the knowledge
|
16 | | and consent of the owner in the commission of or in the attempt |
17 | | to 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 |
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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, |
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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 |
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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 |
14 | | the commission of an
act which is in violation of Section 7g of |
15 | | the Metropolitan Water Reclamation
District Act shall be |
16 | | subject to seizure and forfeiture under the same
procedures |
17 | | provided in this Article for the seizure and forfeiture of |
18 | | vessels or watercraft,
vehicles, and aircraft, and any such |
19 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
20 | | aircraft for purposes of this Article.
|
21 | | (c) In addition, when a person discharges a firearm at |
22 | | another individual from a vehicle with
the knowledge and |
23 | | consent of the owner of the vehicle and with the intent to
|
24 | | cause death or great bodily harm to that individual and as a |
25 | | result causes
death or great bodily harm to that individual, |
26 | | the vehicle shall be subject to
seizure and forfeiture under |
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1 | | the same procedures provided in this Article for
the seizure |
2 | | and 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 |
5 | | offense described in subsection (g) of Section 6-303 of the
|
6 | | Illinois 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 |
8 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
9 | | Code makes a showing
that the seized vehicle is the only source |
10 | | of transportation and it is
determined that the financial |
11 | | hardship to the family as a result of the seizure
outweighs the |
12 | | benefit to the State from the seizure, the vehicle may be
|
13 | | forfeited to the spouse or family member and the title to the |
14 | | vehicle shall be
transferred to the spouse or family member |
15 | | who is properly licensed and who
requires the use of the |
16 | | vehicle for employment or family transportation
purposes. A |
17 | | written declaration of forfeiture of a vehicle under this
|
18 | | Section shall be sufficient cause for the title to be |
19 | | transferred to the spouse
or family member. The provisions of |
20 | | this paragraph shall apply only to one
forfeiture per vehicle. |
21 | | If the vehicle is the subject of a subsequent
forfeiture |
22 | | proceeding by virtue of a subsequent conviction of either |
23 | | spouse or
the family member, the spouse or family member to |
24 | | whom the vehicle was
forfeited under the first forfeiture |
25 | | proceeding may not utilize the
provisions of this paragraph in |
26 | | another forfeiture proceeding. If the owner of
the vehicle |
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1 | | seized owns more than one vehicle,
the procedure set out in |
2 | | this paragraph may be used for only one vehicle.
|
3 | | (e) In addition, property subject to forfeiture under |
4 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus |
5 | | Prevention 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 |
8 | | amended by changing Sections 106B-10, 115-7, 115-7.3, 115-7.4, |
9 | | 124B-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 |
12 | | witness who is under 18 years of age or an a child or a |
13 | | moderately, severely, or profoundly intellectually disabled |
14 | | person or a person affected by a developmental disability. The |
15 | | In a prosecution of criminal sexual assault, predatory |
16 | | criminal sexual assault of a child, aggravated criminal sexual |
17 | | assault, criminal sexual abuse, aggravated criminal sexual |
18 | | abuse, or any violent crime as defined in subsection (c) of |
19 | | Section 3 of the Rights of Crime Victims and Witnesses Act, the |
20 | | court may set any conditions it finds just and appropriate on |
21 | | the taking of testimony of a victim or witness who is under 18 |
22 | | years of age or an intellectually disabled person or a person |
23 | | affected by a developmental disability victim who is a child |
24 | | under the age of 18 years or a moderately, severely, or |
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1 | | profoundly intellectually disabled person or a person affected |
2 | | by a developmental disability, involving the use of a facility |
3 | | dog in any criminal proceeding involving that offense . When |
4 | | deciding whether to permit the child or person to testify with |
5 | | the assistance of a facility dog, the court shall take into |
6 | | consideration the age of the child or person, the rights of the |
7 | | parties to the litigation, and any other relevant factor that |
8 | | would facilitate the giving of testimony by the child or the |
9 | | person . As used in this Section, "facility dog" means a dog |
10 | | that is a graduate of an assistance dog organization that is a |
11 | | member 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 |
15 | | sexual assault of a
child, aggravated criminal sexual assault,
|
16 | | criminal sexual assault, aggravated criminal sexual abuse,
|
17 | | criminal sexual abuse, involuntary servitude, involuntary |
18 | | sexual servitude of a minor, or trafficking in persons or |
19 | | criminal transmission of HIV ; and in
prosecutions for battery |
20 | | and aggravated battery, when the commission of the
offense |
21 | | involves sexual penetration or sexual conduct as defined in |
22 | | Section
11-0.1 of the Criminal Code of 2012; and with the trial |
23 | | or retrial of the
offenses formerly known as rape, deviate |
24 | | sexual assault, indecent liberties
with a child, and |
25 | | aggravated indecent liberties with a child, the prior
sexual |
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1 | | activity or the reputation of the alleged victim or |
2 | | corroborating
witness under Section 115-7.3 of this Code is |
3 | | inadmissible except
(1) as evidence
concerning the past sexual |
4 | | conduct of the alleged victim or corroborating
witness under |
5 | | Section 115-7.3 of this Code with the accused
when
this |
6 | | evidence is offered by the accused upon the issue of whether |
7 | | the alleged
victim or corroborating witness under Section |
8 | | 115-7.3 of this Code
consented to the sexual conduct with |
9 | | respect to which the offense is
alleged; or (2) when |
10 | | constitutionally required to be admitted.
|
11 | | b. No evidence admissible under this Section shall be |
12 | | introduced unless
ruled admissible by the trial judge after an |
13 | | offer of proof has been made
at a hearing to be held in camera |
14 | | in order to determine whether the defense
has evidence to |
15 | | impeach the witness in the event that prior sexual activity
|
16 | | with the defendant is denied. Such offer of proof shall |
17 | | include
reasonably specific information as to the date, time |
18 | | and place of the past
sexual conduct
between the alleged |
19 | | victim or corroborating witness under Section 115-7.3 of
this |
20 | | Code and the defendant. Unless the court finds
that reasonably |
21 | | specific information as to date, time or place, or some
|
22 | | combination thereof, has been offered as to prior sexual |
23 | | activity with
the defendant, counsel for the defendant shall |
24 | | be ordered
to refrain from inquiring into prior sexual |
25 | | activity between the alleged
victim or corroborating witness |
26 | | under Section 115-7.3 of this Code and the
defendant.
The |
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1 | | court shall not admit evidence under this Section unless it |
2 | | determines at
the hearing that the evidence is relevant and |
3 | | the probative value of the
evidence outweighs the danger of |
4 | | unfair prejudice. The evidence shall be
admissible at trial to |
5 | | the extent an order made by the court specifies the
evidence |
6 | | that may be admitted and areas with respect to which the |
7 | | alleged
victim or corroborating witness under Section 115-7.3 |
8 | | of 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 |
9 | | paragraph (1)
or (2) of subsection (a) or the defendant is |
10 | | tried or retried for any of the
offenses set forth in paragraph |
11 | | (3) of subsection (a), evidence of the
defendant's commission |
12 | | of another offense or offenses set forth in paragraph
(1), |
13 | | (2), or (3) of subsection (a), or evidence to rebut that proof |
14 | | or an
inference from that proof, may be admissible (if that |
15 | | evidence is otherwise
admissible under the rules of evidence) |
16 | | and may be considered for its bearing
on any matter to which it |
17 | | is relevant.
|
18 | | (c) In weighing the probative value of the evidence |
19 | | against undue
prejudice to the defendant, the court may |
20 | | consider:
|
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 |
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1 | | offer evidence
under this Section, it must disclose the |
2 | | evidence, including statements of
witnesses or a summary of |
3 | | the substance of any testimony, at a reasonable time
in |
4 | | advance of trial, or during trial if the court excuses |
5 | | pretrial notice on
good cause shown.
|
6 | | (e) In a criminal case in which evidence is offered under |
7 | | this Section,
proof may be made by specific instances of |
8 | | conduct, testimony as to reputation,
or testimony in the form |
9 | | of an expert opinion, except that the prosecution may
offer
|
10 | | reputation testimony only after the opposing party has offered |
11 | | that
testimony.
|
12 | | (f) In prosecutions for a violation of Section 10-2, |
13 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4, |
14 | | 12-13, 12-14,
12-14.1, 12-15, 12-16, or 18-5 of the Criminal |
15 | | Code of 1961 or the Criminal Code of 2012, involving the
|
16 | | involuntary delivery
of a controlled substance to a victim, no |
17 | | inference may be made about the fact
that a victim did not |
18 | | consent 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; |
20 | | 98-160, 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 |
24 | | accused of an offense of domestic violence as defined in |
25 | | paragraphs (1) and (3) of Section 103 of the Illinois Domestic |
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1 | | Violence Act of 1986, or first degree murder or second degree |
2 | | murder when the commission of the offense involves domestic |
3 | | violence, involuntary servitude, involuntary sexual servitude |
4 | | of a minor, or trafficking in persons, evidence of the |
5 | | defendant's commission of another offense or offenses of |
6 | | domestic violence is admissible, and may be considered for its |
7 | | bearing on any matter to which it is relevant. |
8 | | (b) In weighing the probative value of the evidence |
9 | | against undue prejudice to the defendant, the court may |
10 | | consider: |
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 |
17 | | offer evidence under this Section, it must disclose the |
18 | | evidence, including statements of witnesses or a summary of |
19 | | the substance of any testimony, at a reasonable time in |
20 | | advance of trial, or during trial if the court excuses |
21 | | pretrial notice on good cause shown. |
22 | | (d) In a criminal case in which evidence is offered under |
23 | | this Section, proof may be made by specific instances of |
24 | | conduct, testimony as to reputation, or testimony in the form |
25 | | of an expert opinion, except that the prosecution may offer |
26 | | reputation testimony only after the opposing party has offered |
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1 | | that testimony.
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2 | | (Source: P.A. 97-1036, eff. 8-20-12.)
|
3 | | (725 ILCS 5/124B-10)
|
4 | | Sec. 124B-10. Applicability; offenses. This Article |
5 | | applies to forfeiture of property in connection with the |
6 | | following: |
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; |
25 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. |
26 | | 6-1-15 .)
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1 | | (725 ILCS 5/124B-100)
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2 | | Sec. 124B-100. Definition; "offense". For purposes of this |
3 | | Article, "offense" is defined as follows: |
4 | | (1) In the case of forfeiture authorized under Section |
5 | | 10A-15 of the Criminal Code of 1961 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; |
22 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
23 | | 1-1-13; 97-1150, eff. 1-25-13.)
|
24 | | (725 ILCS 5/124B-420) |
25 | | Sec. 124B-420. Distribution of property and sale proceeds. |
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1 | | (a) All moneys and the sale proceeds of all other property |
2 | | forfeited and seized under this Part 400 shall be distributed |
3 | | as 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 |
19 | | Attorney General or State's Attorney shall retain from the |
20 | | forfeited moneys or sale proceeds, or both, sufficient moneys |
21 | | to cover expenses related to the administration and sale of |
22 | | the forfeited property.
|
23 | | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; |
24 | | 97-1150, eff. 1-25-13.) |
25 | | (725 ILCS 5/124B-500) |
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1 | | Sec. 124B-500. Persons and property subject to forfeiture. |
2 | | A person who commits child sexual abuse material pornography , |
3 | | aggravated child sexual abuse material pornography , or |
4 | | non-consensual dissemination of private sexual images under |
5 | | Section 11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal |
6 | | Code of 1961 or the Criminal Code of 2012 shall forfeit the |
7 | | following 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; |
11 | | 98-1138, eff. 6-1-15 .)
|
12 | | Section 60. The Statewide Grand Jury Act is amended by |
13 | | changing 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 |
16 | | always had
and
shall continue to have primary responsibility |
17 | | for investigating, indicting,
and prosecuting persons who |
18 | | violate the criminal laws of the State of
Illinois. However, |
19 | | in recent years organized terrorist activity directed
against |
20 | | innocent civilians and certain criminal enterprises have
|
21 | | developed that require investigation, indictment, and |
22 | | prosecution on a
statewide or multicounty level. The criminal |
23 | | enterprises exist
as a result of the
allure of profitability |
24 | | present in narcotic activity, the unlawful sale and
transfer |
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1 | | of firearms, and streetgang related felonies and organized |
2 | | terrorist
activity is supported by the contribution of money |
3 | | and expert assistance from
geographically diverse sources. In
|
4 | | order to shut off the life blood of terrorism and
weaken or |
5 | | eliminate the criminal enterprises, assets, and
property
used |
6 | | to further these offenses must be frozen, and any profit must |
7 | | be
removed. State
statutes exist that can accomplish that |
8 | | goal. Among them are the offense of
money laundering, |
9 | | violations
of Article 29D of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, |
11 | | and gunrunning. Local prosecutors need
investigative personnel |
12 | | and specialized training to attack and eliminate these
|
13 | | profits. In light of the transitory and complex nature of |
14 | | conduct that
constitutes these criminal activities, the many |
15 | | diverse property interests that
may be used, acquired directly |
16 | | or indirectly as a result of these criminal
activities, and |
17 | | the many places that illegally obtained property may be
|
18 | | located, it is the purpose of this Act to create a limited, |
19 | | multicounty
Statewide Grand Jury with authority to |
20 | | investigate, indict, and prosecute:
narcotic activity, |
21 | | including cannabis and controlled substance trafficking,
|
22 | | narcotics racketeering, money laundering, violations of the |
23 | | Cannabis
and
Controlled Substances Tax Act, and violations of |
24 | | Article 29D of the Criminal
Code of 1961 or the Criminal Code |
25 | | of 2012; the unlawful sale and transfer of firearms;
|
26 | | gunrunning; and streetgang related felonies.
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1 | | (b) A Statewide Grand Jury may also investigate, indict, |
2 | | and prosecute
violations facilitated by the use of a computer |
3 | | of any of
the
following offenses: indecent solicitation of a |
4 | | child, sexual exploitation of a
child, soliciting for a |
5 | | juvenile prostitute, keeping a place of juvenile
prostitution, |
6 | | juvenile pimping, child sexual abuse material pornography , |
7 | | aggravated child sexual abuse material pornography , or |
8 | | promoting juvenile prostitution except as described in |
9 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code of |
10 | | 1961 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 |
14 | | Circuit
Judge to convene and preside over a Statewide Grand |
15 | | Jury, with jurisdiction
extending throughout the State, shall |
16 | | be made to the Chief Justice of the
Supreme Court. Upon such |
17 | | written application, the Chief Justice of the
Supreme Court |
18 | | shall appoint a Circuit Judge from the circuit where the
|
19 | | Statewide Grand Jury is being sought to be convened, who shall |
20 | | make a
determination that the convening of a Statewide Grand |
21 | | Jury is necessary.
|
22 | | In such application the Attorney General shall state that |
23 | | the convening
of a Statewide Grand Jury is necessary because |
24 | | of an alleged offense or
offenses set forth in this Section |
25 | | involving more than one county of the
State and identifying |
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1 | | any 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 |
17 | | Statewide Grand
Jury is necessary, he or she shall convene and |
18 | | impanel the Statewide Grand
Jury with jurisdiction extending |
19 | | throughout 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 |
26 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus |
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| | 10200HB5490ham001 | - 134 - | LRB102 25922 RLC 36873 a |
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1 | | Prevention Act.
|
2 | | Upon written application by the Attorney General for the |
3 | | convening of an
additional Statewide Grand Jury, the Chief |
4 | | Justice of the Supreme Court shall
appoint a Circuit Judge |
5 | | from the circuit for which the additional Statewide
Grand Jury |
6 | | is sought. The Circuit Judge shall determine the necessity for
|
7 | | an additional Statewide Grand Jury in accordance with the |
8 | | provisions of this
Section. No more than 2 Statewide Grand |
9 | | Juries 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 |
12 | | changing Sections 3-1-2, 3-12.5-10, 5-5-3, 5-5-3.2, 5-8-1, |
13 | | 5-8-4, 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 |
18 | | designated by the Director to exercise the powers and duties |
19 | | of the
Department of Corrections in regard to committed |
20 | | persons within
a correctional institution or facility, and |
21 | | includes the
superintendent of any juvenile institution or |
22 | | facility.
|
23 | | (a-3) "Aftercare release" means the conditional and |
24 | | revocable release of a person committed to the Department of |
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1 | | Juvenile Justice under the Juvenile Court Act of 1987, under |
2 | | the supervision of the Department of Juvenile Justice. |
3 | | (a-5) "Sex offense" for the purposes of paragraph (16) of |
4 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection |
5 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
6 | | Section 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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| | 10200HB5490ham001 | - 136 - | LRB102 25922 RLC 36873 a |
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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 |
16 | | state
that is substantially equivalent to any offense listed |
17 | | in this
subsection (a-5) shall constitute a sex offense for |
18 | | the purpose of
this subsection (a-5). A finding or |
19 | | adjudication as a sexually dangerous person under
any federal |
20 | | law or law of another state that is substantially equivalent |
21 | | to the
Sexually Dangerous Persons Act shall constitute an |
22 | | adjudication for a sex offense for the
purposes of this |
23 | | subsection (a-5).
|
24 | | (b) "Commitment" means a judicially determined placement
|
25 | | in the custody of the Department of Corrections on the basis of
|
26 | | delinquency or conviction.
|
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1 | | (c) "Committed person" is a person committed to the |
2 | | Department,
however a committed person shall not be considered |
3 | | to be an employee of
the Department of Corrections for any |
4 | | purpose, including eligibility for
a pension, benefits, or any |
5 | | other compensation or rights or privileges which
may be |
6 | | provided to employees of the Department.
|
7 | | (c-5) "Computer scrub software" means any third-party |
8 | | added software, designed to delete information from the |
9 | | computer unit, the hard drive, or other software, which would |
10 | | eliminate and prevent discovery of browser activity, |
11 | | including, but not limited to, Internet history, address bar |
12 | | or bars, cache or caches, and/or cookies, and which would |
13 | | over-write files in a way so as to make previous computer |
14 | | activity, including, but not limited to, website access, more |
15 | | difficult to discover. |
16 | | (c-10) "Content-controlled tablet" means any device that |
17 | | can only access visitation applications or content relating to |
18 | | educational or personal development. |
19 | | (d) "Correctional institution or facility" means any |
20 | | building or
part of a building where committed persons are |
21 | | kept in a secured manner.
|
22 | | (e) "Department" means both the Department of Corrections |
23 | | and the Department of Juvenile Justice of this State, unless |
24 | | the context is specific to either the Department of |
25 | | Corrections or the Department of Juvenile Justice.
|
26 | | (f) "Director" means both the Director of Corrections and |
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| | 10200HB5490ham001 | - 138 - | LRB102 25922 RLC 36873 a |
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|
1 | | the Director of Juvenile Justice, unless the context is |
2 | | specific to either the Director of Corrections or the Director |
3 | | of Juvenile Justice.
|
4 | | (f-5) (Blank).
|
5 | | (g) "Discharge" means the final termination of a |
6 | | commitment
to the Department of Corrections.
|
7 | | (h) "Discipline" means the rules and regulations for the
|
8 | | maintenance of order and the protection of persons and |
9 | | property
within the institutions and facilities of the |
10 | | Department and
their enforcement.
|
11 | | (i) "Escape" means the intentional and unauthorized |
12 | | absence
of a committed person from the custody of the |
13 | | Department.
|
14 | | (j) "Furlough" means an authorized leave of absence from |
15 | | the
Department of Corrections for a designated purpose and |
16 | | period of time.
|
17 | | (k) "Parole" means the conditional and revocable release
|
18 | | of a person committed to the Department of Corrections under |
19 | | the supervision of a parole officer.
|
20 | | (l) "Prisoner Review Board" means the Board established in
|
21 | | Section 3-3-1(a), independent of the Department, to review
|
22 | | rules and regulations with respect to good time credits, to
|
23 | | hear charges brought by the Department against certain |
24 | | prisoners
alleged to have violated Department rules with |
25 | | respect to good
time credits, to set release dates for certain |
26 | | prisoners
sentenced under the law in effect prior to February |
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| | 10200HB5490ham001 | - 139 - | LRB102 25922 RLC 36873 a |
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|
1 | | 1, 1978 (the effective
date of Public Act 80-1099), to hear and |
2 | | decide the time of aftercare release for persons committed to |
3 | | the Department of Juvenile Justice under the Juvenile Court |
4 | | Act of 1987 to hear requests and
make recommendations to the |
5 | | Governor with respect to pardon,
reprieve or commutation, to |
6 | | set conditions for parole, aftercare release, and
mandatory |
7 | | supervised release and determine whether violations
of those |
8 | | conditions justify revocation of parole or release,
and to |
9 | | assume all other functions previously exercised by the
|
10 | | Illinois Parole and Pardon Board.
|
11 | | (m) Whenever medical treatment, service, counseling, or
|
12 | | care is referred to in this Unified Code of Corrections,
such |
13 | | term may be construed by the Department or Court, within
its |
14 | | discretion, to include treatment, service, or counseling by
a |
15 | | Christian Science practitioner or nursing care appropriate
|
16 | | therewith whenever request therefor is made by a person |
17 | | subject
to the provisions of this Code.
|
18 | | (n) "Victim" shall have the meaning ascribed to it in |
19 | | subsection (a) of
Section 3 of the Rights of Crime Victims and |
20 | | Witnesses Act.
|
21 | | (o) "Wrongfully imprisoned person" means a person who has |
22 | | been 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 |
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| | 10200HB5490ham001 | - 140 - | LRB102 25922 RLC 36873 a |
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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 |
7 | | designated by the Director to exercise the powers and duties |
8 | | of the
Department of Corrections in regard to committed |
9 | | persons within
a correctional institution or facility, and |
10 | | includes the
superintendent of any juvenile institution or |
11 | | facility.
|
12 | | (a-3) "Aftercare release" means the conditional and |
13 | | revocable release of a person committed to the Department of |
14 | | Juvenile Justice under the Juvenile Court Act of 1987, under |
15 | | the supervision of the Department of Juvenile Justice. |
16 | | (a-5) "Sex offense" for the purposes of paragraph (16) of |
17 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection |
18 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
19 | | Section 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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| | 10200HB5490ham001 | - 141 - | LRB102 25922 RLC 36873 a |
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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 |
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| | 10200HB5490ham001 | - 142 - | LRB102 25922 RLC 36873 a |
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|
1 | | substantially
equivalent to any offense listed in this |
2 | | subsection (a-5). |
3 | | An offense violating federal law or the law of another |
4 | | state
that is substantially equivalent to any offense listed |
5 | | in this
subsection (a-5) shall constitute a sex offense for |
6 | | the purpose of
this subsection (a-5). A finding or |
7 | | adjudication as a sexually dangerous person under
any federal |
8 | | law or law of another state that is substantially equivalent |
9 | | to the
Sexually Dangerous Persons Act shall constitute an |
10 | | adjudication for a sex offense for the
purposes of this |
11 | | subsection (a-5).
|
12 | | (b) "Commitment" means a judicially determined placement
|
13 | | in the custody of the Department of Corrections on the basis of
|
14 | | delinquency or conviction.
|
15 | | (c) "Committed person" is a person committed to the |
16 | | Department,
however a committed person shall not be considered |
17 | | to be an employee of
the Department of Corrections for any |
18 | | purpose, including eligibility for
a pension, benefits, or any |
19 | | other compensation or rights or privileges which
may be |
20 | | provided to employees of the Department.
|
21 | | (c-5) "Computer scrub software" means any third-party |
22 | | added software, designed to delete information from the |
23 | | computer unit, the hard drive, or other software, which would |
24 | | eliminate and prevent discovery of browser activity, |
25 | | including, but not limited to, Internet history, address bar |
26 | | or bars, cache or caches, and/or cookies, and which would |
|
| | 10200HB5490ham001 | - 143 - | LRB102 25922 RLC 36873 a |
|
|
1 | | over-write files in a way so as to make previous computer |
2 | | activity, including, but not limited to, website access, more |
3 | | difficult to discover. |
4 | | (c-10) "Content-controlled tablet" means any device that |
5 | | can only access visitation applications or content relating to |
6 | | educational or personal development. |
7 | | (d) "Correctional institution or facility" means any |
8 | | building or
part of a building where committed persons are |
9 | | kept in a secured manner.
|
10 | | (d-5) "Correctional officer" means: an
employee of the |
11 | | Department of Corrections who has custody and
control over |
12 | | committed persons in an adult correctional facility; or, for |
13 | | an employee of the Department of Juvenile Justice, direct care |
14 | | staff of persons committed to a juvenile facility. |
15 | | (e) "Department" means both the Department of Corrections |
16 | | and the Department of Juvenile Justice of this State, unless |
17 | | the context is specific to either the Department of |
18 | | Corrections or the Department of Juvenile Justice.
|
19 | | (f) "Director" means both the Director of Corrections and |
20 | | the Director of Juvenile Justice, unless the context is |
21 | | specific to either the Director of Corrections or the Director |
22 | | of Juvenile Justice.
|
23 | | (f-5) (Blank).
|
24 | | (g) "Discharge" means the final termination of a |
25 | | commitment
to the Department of Corrections.
|
26 | | (h) "Discipline" means the rules and regulations for the
|
|
| | 10200HB5490ham001 | - 144 - | LRB102 25922 RLC 36873 a |
|
|
1 | | maintenance of order and the protection of persons and |
2 | | property
within the institutions and facilities of the |
3 | | Department and
their enforcement.
|
4 | | (i) "Escape" means the intentional and unauthorized |
5 | | absence
of a committed person from the custody of the |
6 | | Department.
|
7 | | (j) "Furlough" means an authorized leave of absence from |
8 | | the
Department of Corrections for a designated purpose and |
9 | | period of time.
|
10 | | (k) "Parole" means the conditional and revocable release
|
11 | | of a person committed to the Department of Corrections under |
12 | | the supervision of a parole officer.
|
13 | | (l) "Prisoner Review Board" means the Board established in
|
14 | | Section 3-3-1(a), independent of the Department, to review
|
15 | | rules and regulations with respect to good time credits, to
|
16 | | hear charges brought by the Department against certain |
17 | | prisoners
alleged to have violated Department rules with |
18 | | respect to good
time credits, to set release dates for certain |
19 | | prisoners
sentenced under the law in effect prior to February |
20 | | 1, 1978 (the effective
date of Public Act 80-1099), to hear and |
21 | | decide the time of aftercare release for persons committed to |
22 | | the Department of Juvenile Justice under the Juvenile Court |
23 | | Act of 1987 to hear requests and
make recommendations to the |
24 | | Governor with respect to pardon,
reprieve or commutation, to |
25 | | set conditions for parole, aftercare release, and
mandatory |
26 | | supervised release and determine whether violations
of those |
|
| | 10200HB5490ham001 | - 145 - | LRB102 25922 RLC 36873 a |
|
|
1 | | conditions justify revocation of parole or release,
and to |
2 | | assume all other functions previously exercised by the
|
3 | | Illinois Parole and Pardon Board.
|
4 | | (m) Whenever medical treatment, service, counseling, or
|
5 | | care is referred to in this Unified Code of Corrections,
such |
6 | | term may be construed by the Department or Court, within
its |
7 | | discretion, to include treatment, service, or counseling by
a |
8 | | Christian Science practitioner or nursing care appropriate
|
9 | | therewith whenever request therefor is made by a person |
10 | | subject
to the provisions of this Code.
|
11 | | (n) "Victim" shall have the meaning ascribed to it in |
12 | | subsection (a) of
Section 3 of the Rights of Crime Victims and |
13 | | Witnesses Act.
|
14 | | (o) "Wrongfully imprisoned person" means a person who has |
15 | | been 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
|
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| | 10200HB5490ham001 | - 146 - | LRB102 25922 RLC 36873 a |
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|
1 | | participate in the pre-release Prisoner Entrepreneur Education |
2 | | Program 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 |
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| | 10200HB5490ham001 | - 147 - | LRB102 25922 RLC 36873 a |
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|
1 | | or
conditional discharge shall not be imposed for the |
2 | | following offenses.
The court shall sentence the offender to |
3 | | not less than the minimum term
of imprisonment set forth in |
4 | | this Code for the following offenses, and
may order a fine or |
5 | | restitution or both in conjunction with such term of
|
6 | | imprisonment:
|
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 |
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| | 10200HB5490ham001 | - 148 - | LRB102 25922 RLC 36873 a |
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|
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 |
|
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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 |
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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 |
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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
|
12 | | consecutive days or 30 days of community service shall be |
13 | | imposed for a
violation of paragraph (c) of Section 6-303 of |
14 | | the Illinois Vehicle Code.
|
15 | | (4.1) (Blank).
|
16 | | (4.2) Except as provided in paragraphs (4.3) and (4.8) of |
17 | | this subsection (c), a
minimum of
100 hours of community |
18 | | service shall be imposed for a second violation of
Section |
19 | | 6-303
of the Illinois Vehicle Code.
|
20 | | (4.3) A minimum term of imprisonment of 30 days or 300 |
21 | | hours of community
service, as determined by the court, shall
|
22 | | be imposed for a second violation of subsection (c) of Section |
23 | | 6-303 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 |
26 | | of 30 days or 300 hours of community service, as
determined by |
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1 | | the court, shall
be imposed
for a third or subsequent |
2 | | violation of Section 6-303 of the Illinois Vehicle
Code. The |
3 | | court may give credit toward the fulfillment of community |
4 | | service hours for participation in activities and treatment as |
5 | | determined by court services.
|
6 | | (4.5) A minimum term of imprisonment of 30 days
shall be |
7 | | imposed for a third violation of subsection (c) of
Section |
8 | | 6-303 of the Illinois Vehicle Code.
|
9 | | (4.6) Except as provided in paragraph (4.10) of this |
10 | | subsection (c), a minimum term of imprisonment of 180 days |
11 | | shall be imposed for a
fourth or subsequent violation of |
12 | | subsection (c) of Section 6-303 of the
Illinois Vehicle Code.
|
13 | | (4.7) A minimum term of imprisonment of not less than 30 |
14 | | consecutive days, or 300 hours of community service, shall be |
15 | | imposed for a violation of subsection (a-5) of Section 6-303 |
16 | | of the Illinois Vehicle Code, as provided in subsection (b-5) |
17 | | of that Section.
|
18 | | (4.8) A mandatory prison sentence shall be imposed for a |
19 | | second violation of subsection (a-5) of Section 6-303 of the |
20 | | Illinois Vehicle Code, as provided in subsection (c-5) of that |
21 | | Section. The person's driving privileges shall be revoked for |
22 | | a period of not less than 5 years from the date of his or her |
23 | | release from prison.
|
24 | | (4.9) A mandatory prison sentence of not less than 4 and |
25 | | not more than 15 years shall be imposed for a third violation |
26 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
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1 | | Code, as provided in subsection (d-2.5) of that Section. The |
2 | | person's driving privileges shall be revoked for the remainder |
3 | | of his or her life.
|
4 | | (4.10) A mandatory prison sentence for a Class 1 felony |
5 | | shall be imposed, and the person shall be eligible for an |
6 | | extended term sentence, for a fourth or subsequent violation |
7 | | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
8 | | Code, as provided in subsection (d-3.5) of that Section. The |
9 | | person's driving privileges shall be revoked for the remainder |
10 | | of his or her life.
|
11 | | (5) The court may sentence a corporation or unincorporated
|
12 | | association 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 |
18 | | except as provided in paragraph (5.2) or (5.3), a person
|
19 | | convicted of violating subsection (c) of Section 11-907 of the |
20 | | Illinois
Vehicle Code shall have his or her driver's license, |
21 | | permit, or privileges
suspended for at least 90 days but not |
22 | | more than one year, if the violation
resulted in damage to the |
23 | | property of another person.
|
24 | | (5.2) In addition to any other penalties imposed, and |
25 | | except as provided in paragraph (5.3), a person convicted
of |
26 | | violating subsection (c) of Section 11-907 of the Illinois |
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1 | | Vehicle Code
shall have his or her driver's license, permit, |
2 | | or privileges suspended for at
least 180 days but not more than |
3 | | 2 years, if the violation resulted in injury
to
another |
4 | | person.
|
5 | | (5.3) In addition to any other penalties imposed, a person |
6 | | convicted of violating subsection (c) of Section
11-907 of the |
7 | | Illinois Vehicle Code shall have his or her driver's license,
|
8 | | permit, or privileges suspended for 2 years, if the violation |
9 | | resulted in the
death of another person.
|
10 | | (5.4) In addition to any other penalties imposed, a person |
11 | | convicted of violating Section 3-707 of the Illinois Vehicle |
12 | | Code shall have his or her driver's license, permit, or |
13 | | privileges suspended for 3 months and until he or she has paid |
14 | | a reinstatement fee of $100. |
15 | | (5.5) In addition to any other penalties imposed, a person |
16 | | convicted of violating Section 3-707 of the Illinois Vehicle |
17 | | Code during a period in which his or her driver's license, |
18 | | permit, or privileges were suspended for a previous violation |
19 | | of that Section shall have his or her driver's license, |
20 | | permit, or privileges suspended for an additional 6 months |
21 | | after the expiration of the original 3-month suspension and |
22 | | until 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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1 | | offense of ritualized
abuse of a child may be sentenced to a |
2 | | term of natural life imprisonment.
|
3 | | (10) (Blank).
|
4 | | (11) The court shall impose a minimum fine of $1,000 for a |
5 | | first offense
and $2,000 for a second or subsequent offense |
6 | | upon a person convicted of or
placed on supervision for |
7 | | battery when the individual harmed was a sports
official or |
8 | | coach at any level of competition and the act causing harm to |
9 | | the
sports
official or coach occurred within an athletic |
10 | | facility or within the immediate vicinity
of the athletic |
11 | | facility at which the sports official or coach was an active
|
12 | | participant
of the athletic contest held at the athletic |
13 | | facility. For the purposes of
this paragraph (11), "sports |
14 | | official" means a person at an athletic contest
who enforces |
15 | | the rules of the contest, such as an umpire or referee; |
16 | | "athletic facility" means an indoor or outdoor playing field |
17 | | or recreational area where sports activities are conducted;
|
18 | | and "coach" means a person recognized as a coach by the |
19 | | sanctioning
authority that conducted the sporting event. |
20 | | (12) A person may not receive a disposition of court |
21 | | supervision for a
violation of Section 5-16 of the Boat |
22 | | Registration and Safety Act if that
person has previously |
23 | | received a disposition of court supervision for a
violation of |
24 | | that Section.
|
25 | | (13) A person convicted of or placed on court supervision |
26 | | for an assault or aggravated assault when the victim and the |
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1 | | offender are family or household members as defined in Section |
2 | | 103 of the Illinois Domestic Violence Act of 1986 or convicted |
3 | | of domestic battery or aggravated domestic battery may be |
4 | | required to attend a Partner Abuse Intervention Program under |
5 | | protocols set forth by the Illinois Department of Human |
6 | | Services under such terms and conditions imposed by the court. |
7 | | The costs of such classes shall be paid by the offender.
|
8 | | (d) In any case in which a sentence originally imposed is |
9 | | vacated,
the case shall be remanded to the trial court. The |
10 | | trial court shall
hold a hearing under Section 5-4-1 of this |
11 | | Code
which may include evidence of the defendant's life, moral |
12 | | character and
occupation during the time since the original |
13 | | sentence was passed. The
trial court shall then impose |
14 | | sentence upon the defendant. The trial
court may impose any |
15 | | sentence which could have been imposed at the
original trial |
16 | | subject to Section 5-5-4 of this Code.
If a sentence is vacated |
17 | | on appeal or on collateral attack due to the
failure of the |
18 | | trier of fact at trial to determine beyond a reasonable doubt
|
19 | | the
existence of a fact (other than a prior conviction) |
20 | | necessary to increase the
punishment for the offense beyond |
21 | | the statutory maximum otherwise applicable,
either the |
22 | | defendant may be re-sentenced to a term within the range |
23 | | otherwise
provided or, if the State files notice of its |
24 | | intention to again seek the
extended sentence, the defendant |
25 | | shall be afforded a new trial.
|
26 | | (e) In cases where prosecution for
aggravated criminal |
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1 | | sexual abuse under Section 11-1.60 or 12-16 of the
Criminal |
2 | | Code of 1961 or the Criminal Code of 2012 results in conviction |
3 | | of a defendant
who was a family member of the victim at the |
4 | | time of the commission of the
offense, the court shall |
5 | | consider the safety and welfare of the victim and
may impose a |
6 | | sentence 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 |
5 | | 5-6-4; except
where the court determines at the hearing that |
6 | | the defendant violated a
condition of his or her probation |
7 | | restricting contact with the victim or
other family members or |
8 | | commits another offense with the victim or other
family |
9 | | members, the court shall revoke the defendant's probation and
|
10 | | impose 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 |
13 | | 11-0.1 of the Criminal Code of
2012.
|
14 | | (f) (Blank).
|
15 | | (g) Whenever a defendant is convicted of an offense under |
16 | | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, |
17 | | 11-14.3, 11-14.4 except for an offense that involves keeping a |
18 | | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, |
19 | | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, |
20 | | 12-14.1, 12-15 , or 12-16 of the Criminal Code of 1961 or the |
21 | | Criminal Code of 2012,
the defendant shall undergo medical |
22 | | testing to
determine whether the defendant has any sexually |
23 | | transmissible disease,
including a test for infection with |
24 | | human immunodeficiency virus (HIV) or
any other identified |
25 | | causative agent of acquired immunodeficiency syndrome
(AIDS). |
26 | | Any such medical test shall be performed only by appropriately
|
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1 | | licensed medical practitioners and may include an analysis of |
2 | | any bodily
fluids as well as an examination of the defendant's |
3 | | person.
Except as otherwise provided by law, the results of |
4 | | such test shall be kept
strictly confidential by all medical |
5 | | personnel involved in the testing and must
be personally |
6 | | delivered in a sealed envelope to the judge of the court in |
7 | | which
the conviction was entered for the judge's inspection in |
8 | | camera. Acting in
accordance with the best interests of the |
9 | | victim and the public, the judge
shall have the discretion to |
10 | | determine to whom, if anyone, the results of the
testing may be |
11 | | revealed. The court shall notify the defendant
of the test |
12 | | results. The court shall
also notify the victim if requested |
13 | | by the victim, and if the victim is under
the age of 15 and if |
14 | | requested by the victim's parents or legal guardian, the
court |
15 | | shall notify the victim's parents or legal guardian of the |
16 | | test
results.
The court shall provide information on the |
17 | | availability of HIV testing
and counseling at Department of |
18 | | Public Health facilities to all parties to
whom the results of |
19 | | the testing are revealed and shall direct the State's
Attorney |
20 | | to provide the information to the victim when possible.
The |
21 | | court shall order that the cost of any such test
shall be paid |
22 | | by the county and may be taxed as costs against the convicted
|
23 | | defendant.
|
24 | | (g-5) When an inmate is tested for an airborne |
25 | | communicable disease, as
determined by the Illinois Department |
26 | | of Public Health , including , but not
limited to , tuberculosis, |
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1 | | the results of the test shall be
personally delivered by the |
2 | | warden or his or her designee in a sealed envelope
to the judge |
3 | | of the court in which the inmate must appear for the judge's
|
4 | | inspection in camera if requested by the judge. Acting in |
5 | | accordance with the
best interests of those in the courtroom, |
6 | | the judge shall have the discretion
to determine what if any |
7 | | precautions need to be taken to prevent transmission
of the |
8 | | disease in the courtroom.
|
9 | | (h) Whenever a defendant is convicted of an offense under |
10 | | Section 1 or 2
of the Hypodermic Syringes and Needles Act, the |
11 | | defendant shall undergo
medical testing to determine whether |
12 | | the defendant has been exposed to human
immunodeficiency virus |
13 | | (HIV) or any other identified causative agent of
acquired |
14 | | immunodeficiency syndrome (AIDS). Except as otherwise provided |
15 | | by
law, the results of such test shall be kept strictly |
16 | | confidential by all
medical personnel involved in the testing |
17 | | and must be personally delivered in a
sealed envelope to the |
18 | | judge of the court in which the conviction was entered
for the |
19 | | judge's inspection in camera. Acting in accordance with the |
20 | | best
interests of the public, the judge shall have the |
21 | | discretion to determine to
whom, if anyone, the results of the |
22 | | testing may be revealed. The court shall
notify the defendant |
23 | | of a positive test showing an infection with the human
|
24 | | immunodeficiency virus (HIV). The court shall provide |
25 | | information on the
availability of HIV testing and counseling |
26 | | at Department of Public Health
facilities to all parties to |
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1 | | whom the results of the testing are revealed and
shall direct |
2 | | the State's Attorney to provide the information to the victim |
3 | | when
possible. The court shall order that the cost of any
such |
4 | | test shall be paid by the county and may be taxed as costs |
5 | | against the
convicted defendant.
|
6 | | (i) All fines and penalties imposed under this Section for |
7 | | any violation
of Chapters 3, 4, 6, and 11 of the Illinois |
8 | | Vehicle Code, or a similar
provision of a local ordinance, and |
9 | | any violation
of the Child Passenger Protection Act, or a |
10 | | similar provision of a local
ordinance, shall be collected and |
11 | | disbursed by the circuit
clerk as provided under the Criminal |
12 | | and Traffic Assessment Act.
|
13 | | (j) In cases when prosecution for any violation of Section |
14 | | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, |
15 | | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, |
16 | | 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, |
17 | | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, |
18 | | 12-15, or
12-16 of the
Criminal Code of 1961 or the Criminal |
19 | | Code of 2012, any violation of the Illinois Controlled |
20 | | Substances Act,
any violation of the Cannabis Control Act, or |
21 | | any violation of the Methamphetamine Control and Community |
22 | | Protection Act results in conviction, a
disposition of court |
23 | | supervision, or an order of probation granted under
Section 10 |
24 | | of the Cannabis Control Act, Section 410 of the Illinois
|
25 | | Controlled Substances Act, or Section 70 of the |
26 | | Methamphetamine Control and Community Protection Act of a |
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| | 10200HB5490ham001 | - 163 - | LRB102 25922 RLC 36873 a |
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1 | | defendant, the court shall determine whether the
defendant is |
2 | | employed by a facility or center as defined under the Child |
3 | | Care
Act of 1969, a public or private elementary or secondary |
4 | | school, or otherwise
works with children under 18 years of age |
5 | | on a daily basis. When a defendant
is so employed, the court |
6 | | shall order the Clerk of the Court to send a copy of
the |
7 | | judgment of conviction or order of supervision or probation to |
8 | | the
defendant's employer by certified mail.
If the employer of |
9 | | the defendant is a school, the Clerk of the Court shall
direct |
10 | | the mailing of a copy of the judgment of conviction or order of
|
11 | | supervision or probation to the appropriate regional |
12 | | superintendent of schools.
The regional superintendent of |
13 | | schools shall notify the State Board of
Education of any |
14 | | notification under this subsection.
|
15 | | (j-5) A defendant at least 17 years of age who is convicted |
16 | | of a felony and
who has not been previously convicted of a |
17 | | misdemeanor or felony and who is
sentenced to a term of |
18 | | imprisonment in the Illinois Department of Corrections
shall |
19 | | as a condition of his or her sentence be required by the court |
20 | | to attend
educational courses designed to prepare the |
21 | | defendant for a high school diploma
and to work toward a high |
22 | | school diploma or to work toward passing high school |
23 | | equivalency testing or to work toward
completing a vocational |
24 | | training program offered by the Department of
Corrections. If |
25 | | a defendant fails to complete the educational training
|
26 | | required by his or her sentence during the term of |
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1 | | incarceration, the Prisoner
Review Board shall, as a condition |
2 | | of mandatory supervised release, require the
defendant, at his |
3 | | or her own expense, to pursue a course of study toward a high
|
4 | | school diploma or passage of high school equivalency testing. |
5 | | The Prisoner Review Board shall
revoke the mandatory |
6 | | supervised release of a defendant who wilfully fails to
comply |
7 | | with this subsection (j-5) upon his or her release from |
8 | | confinement in a
penal institution while serving a mandatory |
9 | | supervised release term; however,
the inability of the |
10 | | defendant after making a good faith effort to obtain
financial |
11 | | aid or pay for the educational training shall not be deemed a |
12 | | wilful
failure to comply. The Prisoner Review Board shall |
13 | | recommit the defendant
whose mandatory supervised release term |
14 | | has been revoked under this subsection
(j-5) as provided in |
15 | | Section 3-3-9. This subsection (j-5) does not apply to a
|
16 | | defendant who has a high school diploma or has successfully |
17 | | passed high school equivalency testing. This subsection (j-5) |
18 | | does not apply to a defendant who is determined by
the court to |
19 | | be a person with a developmental disability or otherwise |
20 | | mentally incapable of
completing the educational or vocational |
21 | | program.
|
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 |
25 | | Immigration and Nationality Act, is convicted
of any felony or |
26 | | misdemeanor offense, the court after sentencing the defendant
|
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1 | | may, upon motion of the State's Attorney, hold sentence in |
2 | | abeyance and remand
the defendant to the custody of the |
3 | | Attorney General of
the United States or his or her designated |
4 | | agent 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 |
12 | | this Chapter V.
|
13 | | (B) If the defendant has already been sentenced for a |
14 | | felony or
misdemeanor
offense, or has been placed on probation |
15 | | under Section 10 of the Cannabis
Control Act,
Section 410 of |
16 | | the Illinois Controlled Substances Act, or Section 70 of the |
17 | | Methamphetamine Control and Community Protection Act, the |
18 | | court
may, upon motion of the State's Attorney to suspend the
|
19 | | sentence imposed, commit the defendant to the custody of the |
20 | | Attorney General
of the United States or his or her designated |
21 | | agent 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 |
3 | | are 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 |
6 | | sentenced under
this Section returns to the jurisdiction of |
7 | | the United States, the defendant
shall be recommitted to the |
8 | | custody of the county from which he or she was
sentenced.
|
9 | | Thereafter, the defendant shall be brought before the |
10 | | sentencing court, which
may impose any sentence that was |
11 | | available under Section 5-5-3 at the time of
initial |
12 | | sentencing. In addition, the defendant shall not be eligible |
13 | | for
additional earned sentence credit as provided under
|
14 | | Section 3-6-3.
|
15 | | (m) A person convicted of criminal defacement of property |
16 | | under Section
21-1.3 of the Criminal Code of 1961 or the |
17 | | Criminal Code of 2012, in which the property damage exceeds |
18 | | $300
and the property damaged is a school building, shall be |
19 | | ordered to perform
community service that may include cleanup, |
20 | | removal, or painting over the
defacement.
|
21 | | (n) The court may sentence a person convicted of a |
22 | | violation of Section
12-19, 12-21, 16-1.3, or 17-56, or |
23 | | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code |
24 | | of 1961 or the Criminal Code of 2012 (i) to an impact
|
25 | | incarceration program if the person is otherwise eligible for |
26 | | that program
under Section 5-8-1.1, (ii) to community service, |
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1 | | or (iii) if the person has a substance use disorder, as defined
|
2 | | in the Substance Use Disorder Act, to a treatment program
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3 | | licensed under that Act. |
4 | | (o) Whenever a person is convicted of a sex offense as |
5 | | defined in Section 2 of the Sex Offender Registration Act, the |
6 | | defendant's driver's license or permit shall be subject to |
7 | | renewal on an annual basis in accordance with the provisions |
8 | | of license renewal established by the Secretary of State.
|
9 | | (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21; |
10 | | 102-531, 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 |
14 | | sentencing.
|
15 | | (a) The following factors shall be accorded weight in |
16 | | favor of
imposing a term of imprisonment or may be considered |
17 | | by the court as reasons
to impose a more severe sentence under |
18 | | Section 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;
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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;
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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;
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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
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26 | | 1961 or the Criminal Code of 2012;
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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;
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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;
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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 |
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1 | | Department of Public Health under the Nursing Home Care
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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 |
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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, |
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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, |
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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 |
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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 |
26 | | secondary school, community college, college, or university.
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1 | | "Day care center" means a public or private State |
2 | | certified and
licensed day care center as defined in Section |
3 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
4 | | plain view stating that the
property is a day care center.
|
5 | | "Intellectual disability" means significantly subaverage |
6 | | intellectual functioning which exists concurrently
with |
7 | | impairment in adaptive behavior. |
8 | | "Public transportation" means the transportation
or |
9 | | conveyance of persons by means available to the general |
10 | | public, and includes paratransit services. |
11 | | "Traffic control devices" means all signs, signals, |
12 | | markings, and devices that conform to the Illinois Manual on |
13 | | Uniform Traffic Control Devices, placed or erected by |
14 | | authority of a public body or official having jurisdiction, |
15 | | for the purpose of regulating, warning, or guiding traffic. |
16 | | (b) The following factors, related to all felonies, may be |
17 | | considered by the court as
reasons to impose an extended term |
18 | | sentence 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
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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
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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 |
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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 |
8 | | as reasons to impose an extended term sentence under Section |
9 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
10 | | offenses: |
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 |
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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. |
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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 |
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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 |
10 | | the meaning
ascribed to it in Section 10 of the Illinois |
11 | | Streetgang Terrorism Omnibus
Prevention Act.
|
12 | | (e) The court may impose an extended term sentence under |
13 | | Article 4.5 of Chapter V upon an offender who has been |
14 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
15 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
16 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
17 | | when the victim of the offense is under 18 years of age at the |
18 | | time of the commission of the offense and, during the |
19 | | commission of the offense, the victim was under the influence |
20 | | of alcohol, regardless of whether or not the alcohol was |
21 | | supplied by the offender; and the offender, at the time of the |
22 | | commission of the offense, knew or should have known that the |
23 | | victim had consumed alcohol. |
24 | | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; |
25 | | 101-417, eff. 1-1-20; 102-558, eff. 8-20-21.) |
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1 | | (Text of Section after amendment by P.A. 101-652 ) |
2 | | Sec. 5-5-3.2. Factors in aggravation and extended-term |
3 | | sentencing.
|
4 | | (a) The following factors shall be accorded weight in |
5 | | favor of
imposing a term of imprisonment or may be considered |
6 | | by the court as reasons
to impose a more severe sentence under |
7 | | Section 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 |
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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 |
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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;
|
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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 |
14 | | secondary school, community college, college, or university.
|
15 | | "Day care center" means a public or private State |
16 | | certified and
licensed day care center as defined in Section |
17 | | 2.09 of the Child Care Act of
1969 that displays a sign in |
18 | | plain view stating that the
property is a day care center.
|
19 | | "Intellectual disability" means significantly subaverage |
20 | | intellectual functioning which exists concurrently
with |
21 | | impairment in adaptive behavior. |
22 | | "Public transportation" means the transportation
or |
23 | | conveyance of persons by means available to the general |
24 | | public, and includes paratransit services. |
25 | | "Traffic control devices" means all signs, signals, |
26 | | markings, and devices that conform to the Illinois Manual on |
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1 | | Uniform Traffic Control Devices, placed or erected by |
2 | | authority of a public body or official having jurisdiction, |
3 | | for the purpose of regulating, warning, or guiding traffic. |
4 | | (b) The following factors, related to all felonies, may be |
5 | | considered by the court as
reasons to impose an extended term |
6 | | sentence 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 |
22 | | as reasons to impose an extended term sentence under Section |
23 | | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed |
24 | | offenses: |
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 |
24 | | the meaning
ascribed to it in Section 10 of the Illinois |
25 | | Streetgang Terrorism Omnibus
Prevention Act.
|
26 | | (e) The court may impose an extended term sentence under |
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1 | | Article 4.5 of Chapter V upon an offender who has been |
2 | | convicted of a felony violation of Section 11-1.20, 11-1.30, |
3 | | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or |
4 | | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 |
5 | | when the victim of the offense is under 18 years of age at the |
6 | | time of the commission of the offense and, during the |
7 | | commission of the offense, the victim was under the influence |
8 | | of alcohol, regardless of whether or not the alcohol was |
9 | | supplied by the offender; and the offender, at the time of the |
10 | | commission of the offense, knew or should have known that the |
11 | | victim had consumed alcohol. |
12 | | (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20; |
13 | | 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; 101-652, eff. |
14 | | 1-1-23; 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 |
17 | | use of a firearm; mandatory supervised release terms.
|
18 | | (a) Except as otherwise provided in the statute defining |
19 | | the offense or in Article 4.5 of Chapter V, a
sentence of |
20 | | imprisonment for a felony shall be a determinate sentence set |
21 | | by
the court under this Section, subject to Section 5-4.5-115 |
22 | | of 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 |
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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 |
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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, |
20 | | the parole or mandatory
supervised release term shall be |
21 | | written as part of the sentencing order and shall be as |
22 | | follows:
|
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;
|
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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 |
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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 |