102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1551

 

Introduced 2/26/2021, by Sen. Rachelle Crowe

 

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

    Amends the Criminal Code of 2012. Provides that "child" means a person under 17 years of age unless an accused is a family member or in a position of trust, authority, or supervision to the victim, then "child" is a person under 18 years of age. Provides that aggravated stalking against a child is a Class 2 felony. Provides that under certain conditions, stalking, and aggravated stalking are included as sex offenses.


LRB102 13599 KMF 18948 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1551LRB102 13599 KMF 18948 b

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

 

 

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

 

 

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

 

 

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1be present in the school. The sex offender is responsible for
2notifying the principal's office when he or she arrives on
3school property and when he or she departs from school
4property. If the sex offender is to be present in the vicinity
5of children, the sex offender has the duty to remain under the
6direct supervision of a school official.
7    (b-2) It is unlawful for a child sex offender to knowingly
8loiter on a public way within 500 feet of a public park
9building or real property comprising any public park while
10persons under the age of 18 are present in the building or on
11the grounds and to approach, contact, or communicate with a
12child under 18 years of age, unless the offender is a parent or
13guardian of a person under 18 years of age present in the
14building or on the grounds.
15    (b-5) It is unlawful for a child sex offender to knowingly
16reside within 500 feet of a school building or the real
17property comprising any school that persons under the age of
1818 attend. Nothing in this subsection (b-5) prohibits a child
19sex offender from residing within 500 feet of a school
20building or the real property comprising any school that
21persons under 18 attend if the property is owned by the child
22sex offender and was purchased before July 7, 2000 (the
23effective date of Public Act 91-911).
24    (b-10) It is unlawful for a child sex offender to
25knowingly reside within 500 feet of a playground, child care
26institution, day care center, part day child care facility,

 

 

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1day care home, group day care home, or a facility providing
2programs or services exclusively directed toward persons under
318 years of age. Nothing in this subsection (b-10) prohibits a
4child sex offender from residing within 500 feet of a
5playground or a facility providing programs or services
6exclusively directed toward persons under 18 years of age if
7the property is owned by the child sex offender and was
8purchased before July 7, 2000. Nothing in this subsection
9(b-10) prohibits a child sex offender from residing within 500
10feet of a child care institution, day care center, or part day
11child care facility if the property is owned by the child sex
12offender and was purchased before June 26, 2006. Nothing in
13this subsection (b-10) prohibits a child sex offender from
14residing within 500 feet of a day care home or group day care
15home if the property is owned by the child sex offender and was
16purchased before August 14, 2008 (the effective date of Public
17Act 95-821).
18    (b-15) It is unlawful for a child sex offender to
19knowingly reside within 500 feet of the victim of the sex
20offense. Nothing in this subsection (b-15) prohibits a child
21sex offender from residing within 500 feet of the victim if the
22property in which the child sex offender resides is owned by
23the child sex offender and was purchased before August 22,
242002.
25    This subsection (b-15) does not apply if the victim of the
26sex offense is 21 years of age or older.

 

 

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1    (b-20) It is unlawful for a child sex offender to
2knowingly communicate, other than for a lawful purpose under
3Illinois law, using the Internet or any other digital media,
4with a person under 18 years of age or with a person whom he or
5she believes to be a person under 18 years of age, unless the
6offender is a parent or guardian of the person under 18 years
7of age.
8    (c) It is unlawful for a child sex offender to knowingly
9operate, manage, be employed by, volunteer at, be associated
10with, or knowingly be present at any: (i) facility providing
11programs or services exclusively directed toward persons under
12the age of 18; (ii) day care center; (iii) part day child care
13facility; (iv) child care institution; (v) school providing
14before and after school programs for children under 18 years
15of age; (vi) day care home; or (vii) group day care home. This
16does not prohibit a child sex offender from owning the real
17property upon which the programs or services are offered or
18upon which the day care center, part day child care facility,
19child care institution, or school providing before and after
20school programs for children under 18 years of age is located,
21provided the child sex offender refrains from being present on
22the premises for the hours during which: (1) the programs or
23services are being offered or (2) the day care center, part day
24child care facility, child care institution, or school
25providing before and after school programs for children under
2618 years of age, day care home, or group day care home is

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        2012, when the victim is a person under 18 years of
2        age: 11-1.20 (criminal sexual assault), 11-1.30
3        (aggravated criminal sexual assault), 11-1.60
4        (aggravated criminal sexual abuse), and subsection (a)
5        of Section 11-1.50 (criminal sexual abuse). An attempt
6        to commit any of these offenses.
7            (iii) A violation of any of the following Sections
8        of the Criminal Code of 1961 or the Criminal Code of
9        2012, when the victim is a person under 18 years of age
10        and the defendant is not a parent of the victim:
11            10-1 (kidnapping),
12            10-2 (aggravated kidnapping),
13            10-3 (unlawful restraint),
14            10-3.1 (aggravated unlawful restraint),
15            11-9.1(A) (permitting sexual abuse of a child).
16            An attempt to commit any of these offenses.
17            (iv) A violation of any former law of this State
18        substantially equivalent to any offense listed in this
19        paragraph (2.5) of this subsection.
20        (3) A conviction for an offense of federal law or the
21    law of another state that is substantially equivalent to
22    any offense listed in paragraph (2) of subsection (d) of
23    this Section shall constitute a conviction for the purpose
24    of this Section. A finding or adjudication as a sexually
25    dangerous person under any federal law or law of another
26    state that is substantially equivalent to the Sexually

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    observes, surveils, threatens, or communicates to or
2    about, a person, engages in other non-consensual contact,
3    or interferes with or damages a person's property or pet.
4    A course of conduct may include contact via electronic
5    communications.
6        (2) "Electronic communication" means any transfer of
7    signs, signals, writings, sounds, data, or intelligence of
8    any nature transmitted in whole or in part by a wire,
9    radio, electromagnetic, photoelectric, or photo-optical
10    system. "Electronic communication" includes transmissions
11    by a computer through the Internet to another computer.
12        (3) "Emotional distress" means significant mental
13    suffering, anxiety or alarm.
14        (4) "Family member" means a parent, grandparent,
15    brother, sister, or child, whether by whole blood,
16    half-blood, or adoption and includes a step-grandparent,
17    step-parent, step-brother, step-sister or step-child.
18    "Family member" also means any other person who regularly
19    resides in the household, or who, within the prior 6
20    months, regularly resided in the household.
21        (5) "Follows another person" means (i) to move in
22    relative proximity to a person as that person moves from
23    place to place or (ii) to remain in relative proximity to a
24    person who is stationary or whose movements are confined
25    to a small area. "Follows another person" does not include
26    a following within the residence of the defendant.

 

 

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1        (6) "Non-consensual contact" means any contact with
2    the victim that is initiated or continued without the
3    victim's consent, including but not limited to being in
4    the physical presence of the victim; appearing within the
5    sight of the victim; approaching or confronting the victim
6    in a public place or on private property; appearing at the
7    workplace or residence of the victim; entering onto or
8    remaining on property owned, leased, or occupied by the
9    victim; or placing an object on, or delivering an object
10    to, property owned, leased, or occupied by the victim.
11        (7) "Places a person under surveillance" means: (1)
12    remaining present outside the person's school, place of
13    employment, vehicle, other place occupied by the person,
14    or residence other than the residence of the defendant; or
15    (2) placing an electronic tracking device on the person or
16    the person's property.
17        (8) "Reasonable person" means a person in the victim's
18    situation.
19        (9) "Transmits a threat" means a verbal or written
20    threat or a threat implied by a pattern of conduct or a
21    combination of verbal or written statements or conduct.
22    (d) Exemptions.
23        (1) This Section does not apply to any individual or
24    organization (i) monitoring or attentive to compliance
25    with public or worker safety laws, wage and hour
26    requirements, or other statutory requirements, or (ii)

 

 

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1    picketing occurring at the workplace that is otherwise
2    lawful and arises out of a bona fide labor dispute,
3    including any controversy concerning wages, salaries,
4    hours, working conditions or benefits, including health
5    and welfare, sick leave, insurance, and pension or
6    retirement provisions, the making or maintaining of
7    collective bargaining agreements, and the terms to be
8    included in those agreements.
9        (2) This Section does not apply to an exercise of the
10    right to free speech or assembly that is otherwise lawful.
11        (3) Telecommunications carriers, commercial mobile
12    service providers, and providers of information services,
13    including, but not limited to, Internet service providers
14    and hosting service providers, are not liable under this
15    Section, except for willful and wanton misconduct, by
16    virtue of the transmission, storage, or caching of
17    electronic communications or messages of others or by
18    virtue of the provision of other related
19    telecommunications, commercial mobile services, or
20    information services used by others in violation of this
21    Section.
22    (d-5) The incarceration of a person in a penal institution
23who commits the course of conduct or transmits a threat is not
24a bar to prosecution under this Section.
25    (d-10) A defendant who directed the actions of a third
26party to violate this Section, under the principles of

 

 

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1accountability set forth in Article 5 of this Code, is guilty
2of violating this Section as if the same had been personally
3done by the defendant, without regard to the mental state of
4the third party acting at the direction of the defendant.
5(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
697-311, eff. 8-11-11; 97-1109, eff. 1-1-13.)
 
7    (720 ILCS 5/12-7.4)  (from Ch. 38, par. 12-7.4)
8    Sec. 12-7.4. Aggravated stalking.
9    (a) A person commits aggravated stalking when he or she
10commits stalking and:
11        (1) causes bodily harm to the victim;
12        (2) confines or restrains the victim; or
13        (3) violates a temporary restraining order, an order
14    of protection, a stalking no contact order, a civil no
15    contact order, or an injunction prohibiting the behavior
16    described in subsection (b)(1) of Section 214 of the
17    Illinois Domestic Violence Act of 1986.
18    (a-1) A person commits aggravated stalking when he or she
19is required to register under the Sex Offender Registration
20Act or has been previously required to register under that Act
21and commits the offense of stalking when the victim of the
22stalking is also the victim of the offense for which the sex
23offender is required to register under the Sex Offender
24Registration Act or a family member of the victim.
25    (b) Sentence. Aggravated stalking is a Class 3 felony; a

 

 

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1second or subsequent conviction is a Class 2 felony.
2Aggravated stalking against a child is a Class 2 felony. In
3this subsection (b), "child" means a person under 17 years of
4age unless the accused is a family member as defined in Section
511-0.1 or in a position trust, authority, or supervision to
6the victim, then "child" is a person under 18 years of age.
7    (c) Exemptions.
8        (1) This Section does not apply to any individual or
9    organization (i) monitoring or attentive to compliance
10    with public or worker safety laws, wage and hour
11    requirements, or other statutory requirements, or (ii)
12    picketing occurring at the workplace that is otherwise
13    lawful and arises out of a bona fide labor dispute
14    including any controversy concerning wages, salaries,
15    hours, working conditions or benefits, including health
16    and welfare, sick leave, insurance, and pension or
17    retirement provisions, the managing or maintenance of
18    collective bargaining agreements, and the terms to be
19    included in those agreements.
20        (2) This Section does not apply to an exercise of the
21    right of free speech or assembly that is otherwise lawful.
22        (3) Telecommunications carriers, commercial mobile
23    service providers, and providers of information services,
24    including, but not limited to, Internet service providers
25    and hosting service providers, are not liable under this
26    Section, except for willful and wanton misconduct, by

 

 

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1    virtue of the transmission, storage, or caching of
2    electronic communications or messages of others or by
3    virtue of the provision of other related
4    telecommunications, commercial mobile services, or
5    information services used by others in violation of this
6    Section.
7    (d) A defendant who directed the actions of a third party
8to violate this Section, under the principles of
9accountability set forth in Article 5 of this Code, is guilty
10of violating this Section as if the same had been personally
11done by the defendant, without regard to the mental state of
12the third party acting at the direction of the defendant.
13(Source: P.A. 96-686, eff. 1-1-10; 96-1551, eff. 7-1-11;
1497-311, eff. 8-11-11; 97-468, eff. 1-1-12; 97-1109, eff.
151-1-13.)
 
16    Section 10. The Sex Offender Registration Act is amended
17by changing Section 2 as follows:
 
18    (730 ILCS 150/2)  (from Ch. 38, par. 222)
19    Sec. 2. Definitions.
20    (A) As used in this Article, "sex offender" means any
21person who is:
22        (1) charged pursuant to Illinois law, or any
23    substantially similar federal, Uniform Code of Military
24    Justice, sister state, or foreign country law, with a sex

 

 

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

 

 

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1        Section 104-25(a) of the Code of Criminal Procedure of
2        1963 for the alleged violation or attempted commission
3        of such offense; or
4        (2) declared as a sexually dangerous person pursuant
5    to the Illinois Sexually Dangerous Persons Act, or any
6    substantially similar federal, Uniform Code of Military
7    Justice, sister state, or foreign country law; or
8        (3) subject to the provisions of Section 2 of the
9    Interstate Agreements on Sexually Dangerous Persons Act;
10    or
11        (4) found to be a sexually violent person pursuant to
12    the Sexually Violent Persons Commitment Act or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law; or
15        (5) adjudicated a juvenile delinquent as the result of
16    committing or attempting to commit an act which, if
17    committed by an adult, would constitute any of the
18    offenses specified in item (B), (C), or (C-5) of this
19    Section or a violation of any substantially similar
20    federal, Uniform Code of Military Justice, sister state,
21    or foreign country law, or found guilty under Article V of
22    the Juvenile Court Act of 1987 of committing or attempting
23    to commit an act which, if committed by an adult, would
24    constitute any of the offenses specified in item (B), (C),
25    or (C-5) of this Section or a violation of any
26    substantially similar federal, Uniform Code of Military

 

 

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

 

 

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

 

 

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1        If the offense was committed before January 1, 1996,
2    it is a sex offense requiring registration only when the
3    person is convicted of any felony after July 1, 2011, and
4    paragraph (2.1) of subsection (c) of Section 3 of this Act
5    applies.
6        (1.6) First degree murder under Section 9-1 of the
7    Criminal Code of 1961 or the Criminal Code of 2012,
8    provided the offense was sexually motivated as defined in
9    Section 10 of the Sex Offender Management Board Act.
10        (1.7) (Blank).
11        (1.8) A violation or attempted violation of Section
12    11-11 (sexual relations within families) of the Criminal
13    Code of 1961 or the Criminal Code of 2012, and the offense
14    was committed on or after June 1, 1997. If the offense was
15    committed before June 1, 1997, it is a sex offense
16    requiring registration only when the person is convicted
17    of any felony after July 1, 2011, and paragraph (2.1) of
18    subsection (c) of Section 3 of this Act applies.
19        (1.9) Child abduction under paragraph (10) of
20    subsection (b) of Section 10-5 of the Criminal Code of
21    1961 or the Criminal Code of 2012 committed by luring or
22    attempting to lure a child under the age of 16 into a motor
23    vehicle, building, house trailer, or dwelling place
24    without the consent of the parent or lawful custodian of
25    the child for other than a lawful purpose and the offense
26    was committed on or after January 1, 1998, provided the

 

 

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1    offense was sexually motivated as defined in Section 10 of
2    the Sex Offender Management Board Act. If the offense was
3    committed before January 1, 1998, it is a sex offense
4    requiring registration only when the person is convicted
5    of any felony after July 1, 2011, and paragraph (2.1) of
6    subsection (c) of Section 3 of this Act applies.
7        (1.10) A violation or attempted violation of any of
8    the following Sections of the Criminal Code of 1961 or the
9    Criminal Code of 2012 when the offense was committed on or
10    after July 1, 1999:
11            10-4 (forcible detention, if the victim is under
12        18 years of age), provided the offense was sexually
13        motivated as defined in Section 10 of the Sex Offender
14        Management Board Act,
15            11-6.5 (indecent solicitation of an adult),
16            11-14.3 that involves soliciting for a prostitute,
17        or 11-15 (soliciting for a prostitute, if the victim
18        is under 18 years of age),
19            subdivision (a)(2)(A) or (a)(2)(B) of Section
20        11-14.3, or Section 11-16 (pandering, if the victim is
21        under 18 years of age),
22            11-18 (patronizing a prostitute, if the victim is
23        under 18 years of age),
24            subdivision (a)(2)(C) of Section 11-14.3, or
25        Section 11-19 (pimping, if the victim is under 18
26        years of age).

 

 

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1        If the offense was committed before July 1, 1999, it
2    is a sex offense requiring registration only when the
3    person is convicted of any felony after July 1, 2011, and
4    paragraph (2.1) of subsection (c) of Section 3 of this Act
5    applies.
6        (1.11) A violation or attempted violation of any of
7    the following Sections of the Criminal Code of 1961 or the
8    Criminal Code of 2012 when the offense was committed on or
9    after August 22, 2002:
10            11-9 or 11-30 (public indecency for a third or
11        subsequent conviction).
12        If the third or subsequent conviction was imposed
13    before August 22, 2002, it is a sex offense requiring
14    registration only when the person is convicted of any
15    felony after July 1, 2011, and paragraph (2.1) of
16    subsection (c) of Section 3 of this Act applies.
17        (1.12) A violation or attempted violation of Section
18    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
19    Criminal Code of 1961 or the Criminal Code of 2012
20    (permitting sexual abuse) when the offense was committed
21    on or after August 22, 2002. If the offense was committed
22    before August 22, 2002, it is a sex offense requiring
23    registration only when the person is convicted of any
24    felony after July 1, 2011, and paragraph (2.1) of
25    subsection (c) of Section 3 of this Act applies.
26        (2) A violation of any former law of this State

 

 

SB1551- 32 -LRB102 13599 KMF 18948 b

1    substantially equivalent to any offense listed in
2    subsection (B) of this Section.
3    (C) A conviction for an offense of federal law, Uniform
4Code of Military Justice, or the law of another state or a
5foreign country that is substantially equivalent to any
6offense listed in subsections (B), (C), (E), and (E-5) of this
7Section shall constitute a conviction for the purpose of this
8Article. A finding or adjudication as a sexually dangerous
9person or a sexually violent person under any federal law,
10Uniform Code of Military Justice, or the law of another state
11or foreign country that is substantially equivalent to the
12Sexually Dangerous Persons Act or the Sexually Violent Persons
13Commitment Act shall constitute an adjudication for the
14purposes of this Article.
15    (C-5) A person at least 17 years of age at the time of the
16commission of the offense who is convicted of first degree
17murder under Section 9-1 of the Criminal Code of 1961 or the
18Criminal Code of 2012, against a person under 18 years of age,
19shall be required to register for natural life. A conviction
20for an offense of federal, Uniform Code of Military Justice,
21sister state, or foreign country law that is substantially
22equivalent to any offense listed in subsection (C-5) of this
23Section shall constitute a conviction for the purpose of this
24Article. This subsection (C-5) applies to a person who
25committed the offense before June 1, 1996 if: (i) the person is
26incarcerated in an Illinois Department of Corrections facility

 

 

SB1551- 33 -LRB102 13599 KMF 18948 b

1on August 20, 2004 (the effective date of Public Act 93-977),
2or (ii) subparagraph (i) does not apply and the person is
3convicted of any felony after July 1, 2011, and paragraph
4(2.1) of subsection (c) of Section 3 of this Act applies.
5    (C-6) A person who is convicted or adjudicated delinquent
6of first degree murder as defined in Section 9-1 of the
7Criminal Code of 1961 or the Criminal Code of 2012, against a
8person 18 years of age or over, shall be required to register
9for his or her natural life. A conviction for an offense of
10federal, Uniform Code of Military Justice, sister state, or
11foreign country law that is substantially equivalent to any
12offense listed in subsection (C-6) of this Section shall
13constitute a conviction for the purpose of this Article. This
14subsection (C-6) does not apply to those individuals released
15from incarceration more than 10 years prior to January 1, 2012
16(the effective date of Public Act 97-154).
17    (D) As used in this Article, "law enforcement agency
18having jurisdiction" means the Chief of Police in each of the
19municipalities in which the sex offender expects to reside,
20work, or attend school (1) upon his or her discharge, parole or
21release or (2) during the service of his or her sentence of
22probation or conditional discharge, or the Sheriff of the
23county, in the event no Police Chief exists or if the offender
24intends to reside, work, or attend school in an unincorporated
25area. "Law enforcement agency having jurisdiction" includes
26the location where out-of-state students attend school and

 

 

SB1551- 34 -LRB102 13599 KMF 18948 b

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

 

 

SB1551- 35 -LRB102 13599 KMF 18948 b

1            11-1.20 or 12-13 (criminal sexual assault),
2            11-1.30 or 12-14 (aggravated criminal sexual
3        assault),
4            11-1.40 or 12-14.1 (predatory criminal sexual
5        assault of a child),
6            11-1.60 or 12-16 (aggravated criminal sexual
7        abuse),
8            12-33 (ritualized abuse of a child);
9        (2) (blank);
10        (3) declared as a sexually dangerous person pursuant
11    to the Sexually Dangerous Persons Act or any substantially
12    similar federal, Uniform Code of Military Justice, sister
13    state, or foreign country law;
14        (4) found to be a sexually violent person pursuant to
15    the Sexually Violent Persons Commitment Act or any
16    substantially similar federal, Uniform Code of Military
17    Justice, sister state, or foreign country law;
18        (5) convicted of a second or subsequent offense which
19    requires registration pursuant to this Act. For purposes
20    of this paragraph (5), "convicted" shall include a
21    conviction under any substantially similar Illinois,
22    federal, Uniform Code of Military Justice, sister state,
23    or foreign country law;
24        (6) (blank); or
25        (7) if the person was convicted of an offense set
26    forth in this subsection (E) on or before July 1, 1999, the

 

 

SB1551- 36 -LRB102 13599 KMF 18948 b

1    person is a sexual predator for whom registration is
2    required only when the person is convicted of a felony
3    offense after July 1, 2011, and paragraph (2.1) of
4    subsection (c) of Section 3 of this Act applies.
5    (E-5) As used in this Article, "sexual predator" also
6means a person convicted of a violation or attempted violation
7of any of the following Sections of the Criminal Code of 1961
8or the Criminal Code of 2012:
9        (1) Section 9-1 (first degree murder, when the victim
10    was a person under 18 years of age and the defendant was at
11    least 17 years of age at the time of the commission of the
12    offense, provided the offense was sexually motivated as
13    defined in Section 10 of the Sex Offender Management Board
14    Act);
15        (2) Section 11-9.5 (sexual misconduct with a person
16    with a disability);
17        (3) when the victim is a person under 18 years of age,
18    the defendant is not a parent of the victim, the offense
19    was sexually motivated as defined in Section 10 of the Sex
20    Offender Management Board Act, and the offense was
21    committed on or after January 1, 1996: (A) Section 10-1
22    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
23    (C) Section 10-3 (unlawful restraint), and (D) Section
24    10-3.1 (aggravated unlawful restraint); and
25        (4) Section 10-5(b)(10) (child abduction committed by
26    luring or attempting to lure a child under the age of 16

 

 

SB1551- 37 -LRB102 13599 KMF 18948 b

1    into a motor vehicle, building, house trailer, or dwelling
2    place without the consent of the parent or lawful
3    custodian of the child for other than a lawful purpose and
4    the offense was committed on or after January 1, 1998,
5    provided the offense was sexually motivated as defined in
6    Section 10 of the Sex Offender Management Board Act).
7    (E-10) As used in this Article, "sexual predator" also
8means a person required to register in another State due to a
9conviction, adjudication or other action of any court
10triggering an obligation to register as a sex offender, sexual
11predator, or substantially similar status under the laws of
12that State.
13    (F) As used in this Article, "out-of-state student" means
14any sex offender, as defined in this Section, or sexual
15predator who is enrolled in Illinois, on a full-time or
16part-time basis, in any public or private educational
17institution, including, but not limited to, any secondary
18school, trade or professional institution, or institution of
19higher learning.
20    (G) As used in this Article, "out-of-state employee" means
21any sex offender, as defined in this Section, or sexual
22predator who works in Illinois, regardless of whether the
23individual receives payment for services performed, for a
24period of time of 10 or more days or for an aggregate period of
25time of 30 or more days during any calendar year. Persons who
26operate motor vehicles in the State accrue one day of

 

 

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1employment time for any portion of a day spent in Illinois.
2    (H) As used in this Article, "school" means any public or
3private educational institution, including, but not limited
4to, any elementary or secondary school, trade or professional
5institution, or institution of higher education.
6    (I) As used in this Article, "fixed residence" means any
7and all places that a sex offender resides for an aggregate
8period of time of 5 or more days in a calendar year.
9    (J) As used in this Article, "Internet protocol address"
10means the string of numbers by which a location on the Internet
11is identified by routers or other computers connected to the
12Internet.
13(Source: P.A. 100-428, eff. 1-1-18.)