103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3150

 

Introduced 2/17/2023___________, by

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts to change "prostitution" to "commercial sexual activity", "juvenile prostitution" to "commercial sexual exploitation of a child", "prostitute" to "provider of commercial sexual activity", and "juvenile prostitute" to "sexually exploited child". Amends the Statute on Statutes. Provides that the changes of names of the offenses and persons convicted of those offenses do not affect the validity of dispositions entered under the previous names.


LRB103 28611 RLC 54992 b

 

 

A BILL FOR

 

HB3150LRB103 28611 RLC 54992 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 3. The Statute on Statutes is amended by adding
5Section 1.45 as follows:
 
6    (5 ILCS 70/1.45 new)
7    Sec. 1.45. Prostitution, juvenile prostitution,
8prostitute, juvenile prostitute; prior prosecutions. If any
9person before the effective date of this amendatory Act of the
10103rd General Assembly has been arrested, charged, prosecuted,
11convicted, or sentenced for prostitution, juvenile
12prostitution, or patronizing a minor engaged in prostitution
13or has been referred to in any law enforcement record, court
14record, or penal institution record as a prostitute or
15juvenile prostitute, the changes of the names of the offenses
16and the defendants to commercial sexual activity, commercial
17sexual exploitation of a child, provider of commercial sexual
18activity, or sexually exploited child do not affect any
19arrest, prosecution, conviction, sentence, or penal
20institution record for persons and offenses known as
21prostitution, juvenile prostitution, patronizing a prostitute,
22patronizing a juvenile prostitute, or patronizing a minor
23engaged in prostitution or who has been referred to in any law

 

 

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1enforcement record, court record, or penal institution record
2as a prostitute or juvenile prostitute before the effective
3date of this amendatory Act of the 103rd General Assembly and
4any arrest, conviction, sentence, and action taken for or
5against a person incarcerated, on supervision, probation,
6conditional discharge, or mandatory supervised release under
7the former named offenses and persons shall remain valid.
 
8    Section 5. The Criminal Identification Act is amended by
9changing Section 5.2 as follows:
 
10    (20 ILCS 2630/5.2)
11    Sec. 5.2. Expungement, sealing, and immediate sealing.
12    (a) General Provisions.
13        (1) Definitions. In this Act, words and phrases have
14    the meanings set forth in this subsection, except when a
15    particular context clearly requires a different meaning.
16            (A) The following terms shall have the meanings
17        ascribed to them in the following Sections of the
18        Unified Code of Corrections:
19                Business Offense, Section 5-1-2.
20                Charge, Section 5-1-3.
21                Court, Section 5-1-6.
22                Defendant, Section 5-1-7.
23                Felony, Section 5-1-9.
24                Imprisonment, Section 5-1-10.

 

 

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1                Judgment, Section 5-1-12.
2                Misdemeanor, Section 5-1-14.
3                Offense, Section 5-1-15.
4                Parole, Section 5-1-16.
5                Petty Offense, Section 5-1-17.
6                Probation, Section 5-1-18.
7                Sentence, Section 5-1-19.
8                Supervision, Section 5-1-21.
9                Victim, Section 5-1-22.
10            (B) As used in this Section, "charge not initiated
11        by arrest" means a charge (as defined by Section 5-1-3
12        of the Unified Code of Corrections) brought against a
13        defendant where the defendant is not arrested prior to
14        or as a direct result of the charge.
15            (C) "Conviction" means a judgment of conviction or
16        sentence entered upon a plea of guilty or upon a
17        verdict or finding of guilty of an offense, rendered
18        by a legally constituted jury or by a court of
19        competent jurisdiction authorized to try the case
20        without a jury. An order of supervision successfully
21        completed by the petitioner is not a conviction. An
22        order of qualified probation (as defined in subsection
23        (a)(1)(J)) successfully completed by the petitioner is
24        not a conviction. An order of supervision or an order
25        of qualified probation that is terminated
26        unsatisfactorily is a conviction, unless the

 

 

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1        unsatisfactory termination is reversed, vacated, or
2        modified and the judgment of conviction, if any, is
3        reversed or vacated.
4            (D) "Criminal offense" means a petty offense,
5        business offense, misdemeanor, felony, or municipal
6        ordinance violation (as defined in subsection
7        (a)(1)(H)). As used in this Section, a minor traffic
8        offense (as defined in subsection (a)(1)(G)) shall not
9        be considered a criminal offense.
10            (E) "Expunge" means to physically destroy the
11        records or return them to the petitioner and to
12        obliterate the petitioner's name from any official
13        index or public record, or both. Nothing in this Act
14        shall require the physical destruction of the circuit
15        court file, but such records relating to arrests or
16        charges, or both, ordered expunged shall be impounded
17        as required by subsections (d)(9)(A)(ii) and
18        (d)(9)(B)(ii).
19            (F) As used in this Section, "last sentence" means
20        the sentence, order of supervision, or order of
21        qualified probation (as defined by subsection
22        (a)(1)(J)), for a criminal offense (as defined by
23        subsection (a)(1)(D)) that terminates last in time in
24        any jurisdiction, regardless of whether the petitioner
25        has included the criminal offense for which the
26        sentence or order of supervision or qualified

 

 

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1        probation was imposed in his or her petition. If
2        multiple sentences, orders of supervision, or orders
3        of qualified probation terminate on the same day and
4        are last in time, they shall be collectively
5        considered the "last sentence" regardless of whether
6        they were ordered to run concurrently.
7            (G) "Minor traffic offense" means a petty offense,
8        business offense, or Class C misdemeanor under the
9        Illinois Vehicle Code or a similar provision of a
10        municipal or local ordinance.
11            (G-5) "Minor Cannabis Offense" means a violation
12        of Section 4 or 5 of the Cannabis Control Act
13        concerning not more than 30 grams of any substance
14        containing cannabis, provided the violation did not
15        include a penalty enhancement under Section 7 of the
16        Cannabis Control Act and is not associated with an
17        arrest, conviction or other disposition for a violent
18        crime as defined in subsection (c) of Section 3 of the
19        Rights of Crime Victims and Witnesses Act.
20            (H) "Municipal ordinance violation" means an
21        offense defined by a municipal or local ordinance that
22        is criminal in nature and with which the petitioner
23        was charged or for which the petitioner was arrested
24        and released without charging.
25            (I) "Petitioner" means an adult or a minor
26        prosecuted as an adult who has applied for relief

 

 

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1        under this Section.
2            (J) "Qualified probation" means an order of
3        probation under Section 10 of the Cannabis Control
4        Act, Section 410 of the Illinois Controlled Substances
5        Act, Section 70 of the Methamphetamine Control and
6        Community Protection Act, Section 5-6-3.3 or 5-6-3.4
7        of the Unified Code of Corrections, Section
8        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
9        those provisions existed before their deletion by
10        Public Act 89-313), Section 10-102 of the Illinois
11        Alcoholism and Other Drug Dependency Act, Section
12        40-10 of the Substance Use Disorder Act, or Section 10
13        of the Steroid Control Act. For the purpose of this
14        Section, "successful completion" of an order of
15        qualified probation under Section 10-102 of the
16        Illinois Alcoholism and Other Drug Dependency Act and
17        Section 40-10 of the Substance Use Disorder Act means
18        that the probation was terminated satisfactorily and
19        the judgment of conviction was vacated.
20            (K) "Seal" means to physically and electronically
21        maintain the records, unless the records would
22        otherwise be destroyed due to age, but to make the
23        records unavailable without a court order, subject to
24        the exceptions in Sections 12 and 13 of this Act. The
25        petitioner's name shall also be obliterated from the
26        official index required to be kept by the circuit

 

 

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1        court clerk under Section 16 of the Clerks of Courts
2        Act, but any index issued by the circuit court clerk
3        before the entry of the order to seal shall not be
4        affected.
5            (L) "Sexual offense committed against a minor"
6        includes, but is not limited to, the offenses of
7        indecent solicitation of a child or criminal sexual
8        abuse when the victim of such offense is under 18 years
9        of age.
10            (M) "Terminate" as it relates to a sentence or
11        order of supervision or qualified probation includes
12        either satisfactory or unsatisfactory termination of
13        the sentence, unless otherwise specified in this
14        Section. A sentence is terminated notwithstanding any
15        outstanding financial legal obligation.
16        (2) Minor Traffic Offenses. Orders of supervision or
17    convictions for minor traffic offenses shall not affect a
18    petitioner's eligibility to expunge or seal records
19    pursuant to this Section.
20        (2.5) Commencing 180 days after July 29, 2016 (the
21    effective date of Public Act 99-697), the law enforcement
22    agency issuing the citation shall automatically expunge,
23    on or before January 1 and July 1 of each year, the law
24    enforcement records of a person found to have committed a
25    civil law violation of subsection (a) of Section 4 of the
26    Cannabis Control Act or subsection (c) of Section 3.5 of

 

 

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1    the Drug Paraphernalia Control Act in the law enforcement
2    agency's possession or control and which contains the
3    final satisfactory disposition which pertain to the person
4    issued a citation for that offense. The law enforcement
5    agency shall provide by rule the process for access,
6    review, and to confirm the automatic expungement by the
7    law enforcement agency issuing the citation. Commencing
8    180 days after July 29, 2016 (the effective date of Public
9    Act 99-697), the clerk of the circuit court shall expunge,
10    upon order of the court, or in the absence of a court order
11    on or before January 1 and July 1 of each year, the court
12    records of a person found in the circuit court to have
13    committed a civil law violation of subsection (a) of
14    Section 4 of the Cannabis Control Act or subsection (c) of
15    Section 3.5 of the Drug Paraphernalia Control Act in the
16    clerk's possession or control and which contains the final
17    satisfactory disposition which pertain to the person
18    issued a citation for any of those offenses.
19        (3) Exclusions. Except as otherwise provided in
20    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
21    of this Section, the court shall not order:
22            (A) the sealing or expungement of the records of
23        arrests or charges not initiated by arrest that result
24        in an order of supervision for or conviction of: (i)
25        any sexual offense committed against a minor; (ii)
26        Section 11-501 of the Illinois Vehicle Code or a

 

 

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1        similar provision of a local ordinance; or (iii)
2        Section 11-503 of the Illinois Vehicle Code or a
3        similar provision of a local ordinance, unless the
4        arrest or charge is for a misdemeanor violation of
5        subsection (a) of Section 11-503 or a similar
6        provision of a local ordinance, that occurred prior to
7        the offender reaching the age of 25 years and the
8        offender has no other conviction for violating Section
9        11-501 or 11-503 of the Illinois Vehicle Code or a
10        similar provision of a local ordinance.
11            (B) the sealing or expungement of records of minor
12        traffic offenses (as defined in subsection (a)(1)(G)),
13        unless the petitioner was arrested and released
14        without charging.
15            (C) the sealing of the records of arrests or
16        charges not initiated by arrest which result in an
17        order of supervision or a conviction for the following
18        offenses:
19                (i) offenses included in Article 11 of the
20            Criminal Code of 1961 or the Criminal Code of 2012
21            or a similar provision of a local ordinance,
22            except Section 11-14 and a misdemeanor violation
23            of Section 11-30 of the Criminal Code of 1961 or
24            the Criminal Code of 2012, or a similar provision
25            of a local ordinance;
26                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30,

 

 

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1            26-5, or 48-1 of the Criminal Code of 1961 or the
2            Criminal Code of 2012, or a similar provision of a
3            local ordinance;
4                (iii) Section Sections 12-3.1 or 12-3.2 of the
5            Criminal Code of 1961 or the Criminal Code of
6            2012, or Section 125 of the Stalking No Contact
7            Order Act, or Section 219 of the Civil No Contact
8            Order Act, or a similar provision of a local
9            ordinance;
10                (iv) Class A misdemeanors or felony offenses
11            under the Humane Care for Animals Act; or
12                (v) any offense or attempted offense that
13            would subject a person to registration under the
14            Sex Offender Registration Act.
15            (D) (blank).
16    (b) Expungement.
17        (1) A petitioner may petition the circuit court to
18    expunge the records of his or her arrests and charges not
19    initiated by arrest when each arrest or charge not
20    initiated by arrest sought to be expunged resulted in: (i)
21    acquittal, dismissal, or the petitioner's release without
22    charging, unless excluded by subsection (a)(3)(B); (ii) a
23    conviction which was vacated or reversed, unless excluded
24    by subsection (a)(3)(B); (iii) an order of supervision and
25    such supervision was successfully completed by the
26    petitioner, unless excluded by subsection (a)(3)(A) or

 

 

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1    (a)(3)(B); or (iv) an order of qualified probation (as
2    defined in subsection (a)(1)(J)) and such probation was
3    successfully completed by the petitioner.
4        (1.5) When a petitioner seeks to have a record of
5    arrest expunged under this Section, and the offender has
6    been convicted of a criminal offense, the State's Attorney
7    may object to the expungement on the grounds that the
8    records contain specific relevant information aside from
9    the mere fact of the arrest.
10        (2) Time frame for filing a petition to expunge.
11            (A) When the arrest or charge not initiated by
12        arrest sought to be expunged resulted in an acquittal,
13        dismissal, the petitioner's release without charging,
14        or the reversal or vacation of a conviction, there is
15        no waiting period to petition for the expungement of
16        such records.
17            (B) When the arrest or charge not initiated by
18        arrest sought to be expunged resulted in an order of
19        supervision, successfully completed by the petitioner,
20        the following time frames will apply:
21                (i) Those arrests or charges that resulted in
22            orders of supervision under Section 3-707, 3-708,
23            3-710, or 5-401.3 of the Illinois Vehicle Code or
24            a similar provision of a local ordinance, or under
25            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
26            Code of 1961 or the Criminal Code of 2012, or a

 

 

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1            similar provision of a local ordinance, shall not
2            be eligible for expungement until 5 years have
3            passed following the satisfactory termination of
4            the supervision.
5                (i-5) Those arrests or charges that resulted
6            in orders of supervision for a misdemeanor
7            violation of subsection (a) of Section 11-503 of
8            the Illinois Vehicle Code or a similar provision
9            of a local ordinance, that occurred prior to the
10            offender reaching the age of 25 years and the
11            offender has no other conviction for violating
12            Section 11-501 or 11-503 of the Illinois Vehicle
13            Code or a similar provision of a local ordinance
14            shall not be eligible for expungement until the
15            petitioner has reached the age of 25 years.
16                (ii) Those arrests or charges that resulted in
17            orders of supervision for any other offenses shall
18            not be eligible for expungement until 2 years have
19            passed following the satisfactory termination of
20            the supervision.
21            (C) When the arrest or charge not initiated by
22        arrest sought to be expunged resulted in an order of
23        qualified probation, successfully completed by the
24        petitioner, such records shall not be eligible for
25        expungement until 5 years have passed following the
26        satisfactory termination of the probation.

 

 

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1        (3) Those records maintained by the Illinois State
2    Police for persons arrested prior to their 17th birthday
3    shall be expunged as provided in Section 5-915 of the
4    Juvenile Court Act of 1987.
5        (4) Whenever a person has been arrested for or
6    convicted of any offense, in the name of a person whose
7    identity he or she has stolen or otherwise come into
8    possession of, the aggrieved person from whom the identity
9    was stolen or otherwise obtained without authorization,
10    upon learning of the person having been arrested using his
11    or her identity, may, upon verified petition to the chief
12    judge of the circuit wherein the arrest was made, have a
13    court order entered nunc pro tunc by the Chief Judge to
14    correct the arrest record, conviction record, if any, and
15    all official records of the arresting authority, the
16    Illinois State Police, other criminal justice agencies,
17    the prosecutor, and the trial court concerning such
18    arrest, if any, by removing his or her name from all such
19    records in connection with the arrest and conviction, if
20    any, and by inserting in the records the name of the
21    offender, if known or ascertainable, in lieu of the
22    aggrieved's name. The records of the circuit court clerk
23    shall be sealed until further order of the court upon good
24    cause shown and the name of the aggrieved person
25    obliterated on the official index required to be kept by
26    the circuit court clerk under Section 16 of the Clerks of

 

 

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1    Courts Act, but the order shall not affect any index
2    issued by the circuit court clerk before the entry of the
3    order. Nothing in this Section shall limit the Illinois
4    State Police or other criminal justice agencies or
5    prosecutors from listing under an offender's name the
6    false names he or she has used.
7        (5) Whenever a person has been convicted of criminal
8    sexual assault, aggravated criminal sexual assault,
9    predatory criminal sexual assault of a child, criminal
10    sexual abuse, or aggravated criminal sexual abuse, the
11    victim of that offense may request that the State's
12    Attorney of the county in which the conviction occurred
13    file a verified petition with the presiding trial judge at
14    the petitioner's trial to have a court order entered to
15    seal the records of the circuit court clerk in connection
16    with the proceedings of the trial court concerning that
17    offense. However, the records of the arresting authority
18    and the Illinois State Police concerning the offense shall
19    not be sealed. The court, upon good cause shown, shall
20    make the records of the circuit court clerk in connection
21    with the proceedings of the trial court concerning the
22    offense available for public inspection.
23        (6) If a conviction has been set aside on direct
24    review or on collateral attack and the court determines by
25    clear and convincing evidence that the petitioner was
26    factually innocent of the charge, the court that finds the

 

 

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1    petitioner factually innocent of the charge shall enter an
2    expungement order for the conviction for which the
3    petitioner has been determined to be innocent as provided
4    in subsection (b) of Section 5-5-4 of the Unified Code of
5    Corrections.
6        (7) Nothing in this Section shall prevent the Illinois
7    State Police from maintaining all records of any person
8    who is admitted to probation upon terms and conditions and
9    who fulfills those terms and conditions pursuant to
10    Section 10 of the Cannabis Control Act, Section 410 of the
11    Illinois Controlled Substances Act, Section 70 of the
12    Methamphetamine Control and Community Protection Act,
13    Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
14    Corrections, Section 12-4.3 or subdivision (b)(1) of
15    Section 12-3.05 of the Criminal Code of 1961 or the
16    Criminal Code of 2012, Section 10-102 of the Illinois
17    Alcoholism and Other Drug Dependency Act, Section 40-10 of
18    the Substance Use Disorder Act, or Section 10 of the
19    Steroid Control Act.
20        (8) If the petitioner has been granted a certificate
21    of innocence under Section 2-702 of the Code of Civil
22    Procedure, the court that grants the certificate of
23    innocence shall also enter an order expunging the
24    conviction for which the petitioner has been determined to
25    be innocent as provided in subsection (h) of Section 2-702
26    of the Code of Civil Procedure.

 

 

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1    (c) Sealing.
2        (1) Applicability. Notwithstanding any other provision
3    of this Act to the contrary, and cumulative with any
4    rights to expungement of criminal records, this subsection
5    authorizes the sealing of criminal records of adults and
6    of minors prosecuted as adults. Subsection (g) of this
7    Section provides for immediate sealing of certain records.
8        (2) Eligible Records. The following records may be
9    sealed:
10            (A) All arrests resulting in release without
11        charging;
12            (B) Arrests or charges not initiated by arrest
13        resulting in acquittal, dismissal, or conviction when
14        the conviction was reversed or vacated, except as
15        excluded by subsection (a)(3)(B);
16            (C) Arrests or charges not initiated by arrest
17        resulting in orders of supervision, including orders
18        of supervision for municipal ordinance violations,
19        successfully completed by the petitioner, unless
20        excluded by subsection (a)(3);
21            (D) Arrests or charges not initiated by arrest
22        resulting in convictions, including convictions on
23        municipal ordinance violations, unless excluded by
24        subsection (a)(3);
25            (E) Arrests or charges not initiated by arrest
26        resulting in orders of first offender probation under

 

 

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1        Section 10 of the Cannabis Control Act, Section 410 of
2        the Illinois Controlled Substances Act, Section 70 of
3        the Methamphetamine Control and Community Protection
4        Act, or Section 5-6-3.3 of the Unified Code of
5        Corrections; and
6            (F) Arrests or charges not initiated by arrest
7        resulting in felony convictions unless otherwise
8        excluded by subsection (a) paragraph (3) of this
9        Section.
10        (3) When Records Are Eligible to Be Sealed. Records
11    identified as eligible under subsection (c)(2) may be
12    sealed as follows:
13            (A) Records identified as eligible under
14        subsections subsection (c)(2)(A) and (c)(2)(B) may be
15        sealed at any time.
16            (B) Except as otherwise provided in subparagraph
17        (E) of this paragraph (3), records identified as
18        eligible under subsection (c)(2)(C) may be sealed 2
19        years after the termination of petitioner's last
20        sentence (as defined in subsection (a)(1)(F)).
21            (C) Except as otherwise provided in subparagraph
22        (E) of this paragraph (3), records identified as
23        eligible under subsections (c)(2)(D), (c)(2)(E), and
24        (c)(2)(F) may be sealed 3 years after the termination
25        of the petitioner's last sentence (as defined in
26        subsection (a)(1)(F)). Convictions requiring public

 

 

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1        registration under the Arsonist Registration Act, the
2        Sex Offender Registration Act, or the Murderer and
3        Violent Offender Against Youth Registration Act may
4        not be sealed until the petitioner is no longer
5        required to register under that relevant Act.
6            (D) Records identified in subsection
7        (a)(3)(A)(iii) may be sealed after the petitioner has
8        reached the age of 25 years.
9            (E) Records identified as eligible under
10        subsection subsections (c)(2)(C), (c)(2)(D),
11        (c)(2)(E), or (c)(2)(F) may be sealed upon termination
12        of the petitioner's last sentence if the petitioner
13        earned a high school diploma, associate's degree,
14        career certificate, vocational technical
15        certification, or bachelor's degree, or passed the
16        high school level Test of General Educational
17        Development, during the period of his or her sentence
18        or mandatory supervised release. This subparagraph
19        shall apply only to a petitioner who has not completed
20        the same educational goal prior to the period of his or
21        her sentence or mandatory supervised release. If a
22        petition for sealing eligible records filed under this
23        subparagraph is denied by the court, the time periods
24        under subparagraph (B) or (C) shall apply to any
25        subsequent petition for sealing filed by the
26        petitioner.

 

 

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1        (4) Subsequent felony convictions. A person may not
2    have subsequent felony conviction records sealed as
3    provided in this subsection (c) if he or she is convicted
4    of any felony offense after the date of the sealing of
5    prior felony convictions as provided in this subsection
6    (c). The court may, upon conviction for a subsequent
7    felony offense, order the unsealing of prior felony
8    conviction records previously ordered sealed by the court.
9        (5) Notice of eligibility for sealing. Upon entry of a
10    disposition for an eligible record under this subsection
11    (c), the petitioner shall be informed by the court of the
12    right to have the records sealed and the procedures for
13    the sealing of the records.
14    (d) Procedure. The following procedures apply to
15expungement under subsections (b), (e), and (e-6) and sealing
16under subsections (c) and (e-5):
17        (1) Filing the petition. Upon becoming eligible to
18    petition for the expungement or sealing of records under
19    this Section, the petitioner shall file a petition
20    requesting the expungement or sealing of records with the
21    clerk of the court where the arrests occurred or the
22    charges were brought, or both. If arrests occurred or
23    charges were brought in multiple jurisdictions, a petition
24    must be filed in each such jurisdiction. The petitioner
25    shall pay the applicable fee, except no fee shall be
26    required if the petitioner has obtained a court order

 

 

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1    waiving fees under Supreme Court Rule 298 or it is
2    otherwise waived.
3        (1.5) County fee waiver pilot program. From August 9,
4    2019 (the effective date of Public Act 101-306) through
5    December 31, 2020, in a county of 3,000,000 or more
6    inhabitants, no fee shall be required to be paid by a
7    petitioner if the records sought to be expunged or sealed
8    were arrests resulting in release without charging or
9    arrests or charges not initiated by arrest resulting in
10    acquittal, dismissal, or conviction when the conviction
11    was reversed or vacated, unless excluded by subsection
12    (a)(3)(B). The provisions of this paragraph (1.5), other
13    than this sentence, are inoperative on and after January
14    1, 2022.
15        (2) Contents of petition. The petition shall be
16    verified and shall contain the petitioner's name, date of
17    birth, current address and, for each arrest or charge not
18    initiated by arrest sought to be sealed or expunged, the
19    case number, the date of arrest (if any), the identity of
20    the arresting authority, and such other information as the
21    court may require. During the pendency of the proceeding,
22    the petitioner shall promptly notify the circuit court
23    clerk of any change of his or her address. If the
24    petitioner has received a certificate of eligibility for
25    sealing from the Prisoner Review Board under paragraph
26    (10) of subsection (a) of Section 3-3-2 of the Unified

 

 

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1    Code of Corrections, the certificate shall be attached to
2    the petition.
3        (3) Drug test. The petitioner must attach to the
4    petition proof that the petitioner has taken within 30
5    days before the filing of the petition a test showing the
6    absence within his or her body of all illegal substances
7    as defined by the Illinois Controlled Substances Act and
8    the Methamphetamine Control and Community Protection Act
9    if he or she is petitioning to:
10            (A) seal felony records under clause (c)(2)(E);
11            (B) seal felony records for a violation of the
12        Illinois Controlled Substances Act, the
13        Methamphetamine Control and Community Protection Act,
14        or the Cannabis Control Act under clause (c)(2)(F);
15            (C) seal felony records under subsection (e-5); or
16            (D) expunge felony records of a qualified
17        probation under clause (b)(1)(iv).
18        (4) Service of petition. The circuit court clerk shall
19    promptly serve a copy of the petition and documentation to
20    support the petition under subsection (e-5) or (e-6) on
21    the State's Attorney or prosecutor charged with the duty
22    of prosecuting the offense, the Illinois State Police, the
23    arresting agency and the chief legal officer of the unit
24    of local government effecting the arrest.
25        (5) Objections.
26            (A) Any party entitled to notice of the petition

 

 

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1        may file an objection to the petition. All objections
2        shall be in writing, shall be filed with the circuit
3        court clerk, and shall state with specificity the
4        basis of the objection. Whenever a person who has been
5        convicted of an offense is granted a pardon by the
6        Governor which specifically authorizes expungement, an
7        objection to the petition may not be filed.
8            (B) Objections to a petition to expunge or seal
9        must be filed within 60 days of the date of service of
10        the petition.
11        (6) Entry of order.
12            (A) The Chief Judge of the circuit wherein the
13        charge was brought, any judge of that circuit
14        designated by the Chief Judge, or in counties of less
15        than 3,000,000 inhabitants, the presiding trial judge
16        at the petitioner's trial, if any, shall rule on the
17        petition to expunge or seal as set forth in this
18        subsection (d)(6).
19            (B) Unless the State's Attorney or prosecutor, the
20        Illinois State Police, the arresting agency, or the
21        chief legal officer files an objection to the petition
22        to expunge or seal within 60 days from the date of
23        service of the petition, the court shall enter an
24        order granting or denying the petition.
25            (C) Notwithstanding any other provision of law,
26        the court shall not deny a petition for sealing under

 

 

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1        this Section because the petitioner has not satisfied
2        an outstanding legal financial obligation established,
3        imposed, or originated by a court, law enforcement
4        agency, or a municipal, State, county, or other unit
5        of local government, including, but not limited to,
6        any cost, assessment, fine, or fee. An outstanding
7        legal financial obligation does not include any court
8        ordered restitution to a victim under Section 5-5-6 of
9        the Unified Code of Corrections, unless the
10        restitution has been converted to a civil judgment.
11        Nothing in this subparagraph (C) waives, rescinds, or
12        abrogates a legal financial obligation or otherwise
13        eliminates or affects the right of the holder of any
14        financial obligation to pursue collection under
15        applicable federal, State, or local law.
16            (D) Notwithstanding any other provision of law,
17        the court shall not deny a petition to expunge or seal
18        under this Section because the petitioner has
19        submitted a drug test taken within 30 days before the
20        filing of the petition to expunge or seal that
21        indicates a positive test for the presence of cannabis
22        within the petitioner's body. In this subparagraph
23        (D), "cannabis" has the meaning ascribed to it in
24        Section 3 of the Cannabis Control Act.
25        (7) Hearings. If an objection is filed, the court
26    shall set a date for a hearing and notify the petitioner

 

 

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1    and all parties entitled to notice of the petition of the
2    hearing date at least 30 days prior to the hearing. Prior
3    to the hearing, the State's Attorney shall consult with
4    the Illinois State Police as to the appropriateness of the
5    relief sought in the petition to expunge or seal. At the
6    hearing, the court shall hear evidence on whether the
7    petition should or should not be granted, and shall grant
8    or deny the petition to expunge or seal the records based
9    on the evidence presented at the hearing. The court may
10    consider the following:
11            (A) the strength of the evidence supporting the
12        defendant's conviction;
13            (B) the reasons for retention of the conviction
14        records by the State;
15            (C) the petitioner's age, criminal record history,
16        and employment history;
17            (D) the period of time between the petitioner's
18        arrest on the charge resulting in the conviction and
19        the filing of the petition under this Section; and
20            (E) the specific adverse consequences the
21        petitioner may be subject to if the petition is
22        denied.
23        (8) Service of order. After entering an order to
24    expunge or seal records, the court must provide copies of
25    the order to the Illinois State Police, in a form and
26    manner prescribed by the Illinois State Police, to the

 

 

HB3150- 25 -LRB103 28611 RLC 54992 b

1    petitioner, to the State's Attorney or prosecutor charged
2    with the duty of prosecuting the offense, to the arresting
3    agency, to the chief legal officer of the unit of local
4    government effecting the arrest, and to such other
5    criminal justice agencies as may be ordered by the court.
6        (9) Implementation of order.
7            (A) Upon entry of an order to expunge records
8        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
9        both:
10                (i) the records shall be expunged (as defined
11            in subsection (a)(1)(E)) by the arresting agency,
12            the Illinois State Police, and any other agency as
13            ordered by the court, within 60 days of the date of
14            service of the order, unless a motion to vacate,
15            modify, or reconsider the order is filed pursuant
16            to paragraph (12) of subsection (d) of this
17            Section;
18                (ii) the records of the circuit court clerk
19            shall be impounded until further order of the
20            court upon good cause shown and the name of the
21            petitioner obliterated on the official index
22            required to be kept by the circuit court clerk
23            under Section 16 of the Clerks of Courts Act, but
24            the order shall not affect any index issued by the
25            circuit court clerk before the entry of the order;
26            and

 

 

HB3150- 26 -LRB103 28611 RLC 54992 b

1                (iii) in response to an inquiry for expunged
2            records, the court, the Illinois State Police, or
3            the agency receiving such inquiry, shall reply as
4            it does in response to inquiries when no records
5            ever existed.
6            (B) Upon entry of an order to expunge records
7        pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
8        both:
9                (i) the records shall be expunged (as defined
10            in subsection (a)(1)(E)) by the arresting agency
11            and any other agency as ordered by the court,
12            within 60 days of the date of service of the order,
13            unless a motion to vacate, modify, or reconsider
14            the order is filed pursuant to paragraph (12) of
15            subsection (d) of this Section;
16                (ii) the records of the circuit court clerk
17            shall be impounded until further order of the
18            court upon good cause shown and the name of the
19            petitioner obliterated on the official index
20            required to be kept by the circuit court clerk
21            under Section 16 of the Clerks of Courts Act, but
22            the order shall not affect any index issued by the
23            circuit court clerk before the entry of the order;
24                (iii) the records shall be impounded by the
25            Illinois State Police within 60 days of the date
26            of service of the order as ordered by the court,

 

 

HB3150- 27 -LRB103 28611 RLC 54992 b

1            unless a motion to vacate, modify, or reconsider
2            the order is filed pursuant to paragraph (12) of
3            subsection (d) of this Section;
4                (iv) records impounded by the Illinois State
5            Police may be disseminated by the Illinois State
6            Police only as required by law or to the arresting
7            authority, the State's Attorney, and the court
8            upon a later arrest for the same or a similar
9            offense or for the purpose of sentencing for any
10            subsequent felony, and to the Department of
11            Corrections upon conviction for any offense; and
12                (v) in response to an inquiry for such records
13            from anyone not authorized by law to access such
14            records, the court, the Illinois State Police, or
15            the agency receiving such inquiry shall reply as
16            it does in response to inquiries when no records
17            ever existed.
18            (B-5) Upon entry of an order to expunge records
19        under subsection (e-6):
20                (i) the records shall be expunged (as defined
21            in subsection (a)(1)(E)) by the arresting agency
22            and any other agency as ordered by the court,
23            within 60 days of the date of service of the order,
24            unless a motion to vacate, modify, or reconsider
25            the order is filed under paragraph (12) of
26            subsection (d) of this Section;

 

 

HB3150- 28 -LRB103 28611 RLC 54992 b

1                (ii) the records of the circuit court clerk
2            shall be impounded until further order of the
3            court upon good cause shown and the name of the
4            petitioner obliterated on the official index
5            required to be kept by the circuit court clerk
6            under Section 16 of the Clerks of Courts Act, but
7            the order shall not affect any index issued by the
8            circuit court clerk before the entry of the order;
9                (iii) the records shall be impounded by the
10            Illinois State Police within 60 days of the date
11            of service of the order as ordered by the court,
12            unless a motion to vacate, modify, or reconsider
13            the order is filed under paragraph (12) of
14            subsection (d) of this Section;
15                (iv) records impounded by the Illinois State
16            Police may be disseminated by the Illinois State
17            Police only as required by law or to the arresting
18            authority, the State's Attorney, and the court
19            upon a later arrest for the same or a similar
20            offense or for the purpose of sentencing for any
21            subsequent felony, and to the Department of
22            Corrections upon conviction for any offense; and
23                (v) in response to an inquiry for these
24            records from anyone not authorized by law to
25            access the records, the court, the Illinois State
26            Police, or the agency receiving the inquiry shall

 

 

HB3150- 29 -LRB103 28611 RLC 54992 b

1            reply as it does in response to inquiries when no
2            records ever existed.
3            (C) Upon entry of an order to seal records under
4        subsection (c), the arresting agency, any other agency
5        as ordered by the court, the Illinois State Police,
6        and the court shall seal the records (as defined in
7        subsection (a)(1)(K)). In response to an inquiry for
8        such records, from anyone not authorized by law to
9        access such records, the court, the Illinois State
10        Police, or the agency receiving such inquiry shall
11        reply as it does in response to inquiries when no
12        records ever existed.
13            (D) The Illinois State Police shall send written
14        notice to the petitioner of its compliance with each
15        order to expunge or seal records within 60 days of the
16        date of service of that order or, if a motion to
17        vacate, modify, or reconsider is filed, within 60 days
18        of service of the order resolving the motion, if that
19        order requires the Illinois State Police to expunge or
20        seal records. In the event of an appeal from the
21        circuit court order, the Illinois State Police shall
22        send written notice to the petitioner of its
23        compliance with an Appellate Court or Supreme Court
24        judgment to expunge or seal records within 60 days of
25        the issuance of the court's mandate. The notice is not
26        required while any motion to vacate, modify, or

 

 

HB3150- 30 -LRB103 28611 RLC 54992 b

1        reconsider, or any appeal or petition for
2        discretionary appellate review, is pending.
3            (E) Upon motion, the court may order that a sealed
4        judgment or other court record necessary to
5        demonstrate the amount of any legal financial
6        obligation due and owing be made available for the
7        limited purpose of collecting any legal financial
8        obligations owed by the petitioner that were
9        established, imposed, or originated in the criminal
10        proceeding for which those records have been sealed.
11        The records made available under this subparagraph (E)
12        shall not be entered into the official index required
13        to be kept by the circuit court clerk under Section 16
14        of the Clerks of Courts Act and shall be immediately
15        re-impounded upon the collection of the outstanding
16        financial obligations.
17            (F) Notwithstanding any other provision of this
18        Section, a circuit court clerk may access a sealed
19        record for the limited purpose of collecting payment
20        for any legal financial obligations that were
21        established, imposed, or originated in the criminal
22        proceedings for which those records have been sealed.
23        (10) Fees. The Illinois State Police may charge the
24    petitioner a fee equivalent to the cost of processing any
25    order to expunge or seal records. Notwithstanding any
26    provision of the Clerks of Courts Act to the contrary, the

 

 

HB3150- 31 -LRB103 28611 RLC 54992 b

1    circuit court clerk may charge a fee equivalent to the
2    cost associated with the sealing or expungement of records
3    by the circuit court clerk. From the total filing fee
4    collected for the petition to seal or expunge, the circuit
5    court clerk shall deposit $10 into the Circuit Court Clerk
6    Operation and Administrative Fund, to be used to offset
7    the costs incurred by the circuit court clerk in
8    performing the additional duties required to serve the
9    petition to seal or expunge on all parties. The circuit
10    court clerk shall collect and remit the Illinois State
11    Police portion of the fee to the State Treasurer and it
12    shall be deposited in the State Police Services Fund. If
13    the record brought under an expungement petition was
14    previously sealed under this Section, the fee for the
15    expungement petition for that same record shall be waived.
16        (11) Final Order. No court order issued under the
17    expungement or sealing provisions of this Section shall
18    become final for purposes of appeal until 30 days after
19    service of the order on the petitioner and all parties
20    entitled to notice of the petition.
21        (12) Motion to Vacate, Modify, or Reconsider. Under
22    Section 2-1203 of the Code of Civil Procedure, the
23    petitioner or any party entitled to notice may file a
24    motion to vacate, modify, or reconsider the order granting
25    or denying the petition to expunge or seal within 60 days
26    of service of the order. If filed more than 60 days after

 

 

HB3150- 32 -LRB103 28611 RLC 54992 b

1    service of the order, a petition to vacate, modify, or
2    reconsider shall comply with subsection (c) of Section
3    2-1401 of the Code of Civil Procedure. Upon filing of a
4    motion to vacate, modify, or reconsider, notice of the
5    motion shall be served upon the petitioner and all parties
6    entitled to notice of the petition.
7        (13) Effect of Order. An order granting a petition
8    under the expungement or sealing provisions of this
9    Section shall not be considered void because it fails to
10    comply with the provisions of this Section or because of
11    any error asserted in a motion to vacate, modify, or
12    reconsider. The circuit court retains jurisdiction to
13    determine whether the order is voidable and to vacate,
14    modify, or reconsider its terms based on a motion filed
15    under paragraph (12) of this subsection (d).
16        (14) Compliance with Order Granting Petition to Seal
17    Records. Unless a court has entered a stay of an order
18    granting a petition to seal, all parties entitled to
19    notice of the petition must fully comply with the terms of
20    the order within 60 days of service of the order even if a
21    party is seeking relief from the order through a motion
22    filed under paragraph (12) of this subsection (d) or is
23    appealing the order.
24        (15) Compliance with Order Granting Petition to
25    Expunge Records. While a party is seeking relief from the
26    order granting the petition to expunge through a motion

 

 

HB3150- 33 -LRB103 28611 RLC 54992 b

1    filed under paragraph (12) of this subsection (d) or is
2    appealing the order, and unless a court has entered a stay
3    of that order, the parties entitled to notice of the
4    petition must seal, but need not expunge, the records
5    until there is a final order on the motion for relief or,
6    in the case of an appeal, the issuance of that court's
7    mandate.
8        (16) The changes to this subsection (d) made by Public
9    Act 98-163 apply to all petitions pending on August 5,
10    2013 (the effective date of Public Act 98-163) and to all
11    orders ruling on a petition to expunge or seal on or after
12    August 5, 2013 (the effective date of Public Act 98-163).
13    (e) Whenever a person who has been convicted of an offense
14is granted a pardon by the Governor which specifically
15authorizes expungement, he or she may, upon verified petition
16to the Chief Judge of the circuit where the person had been
17convicted, any judge of the circuit designated by the Chief
18Judge, or in counties of less than 3,000,000 inhabitants, the
19presiding trial judge at the defendant's trial, have a court
20order entered expunging the record of arrest from the official
21records of the arresting authority and order that the records
22of the circuit court clerk and the Illinois State Police be
23sealed until further order of the court upon good cause shown
24or as otherwise provided herein, and the name of the defendant
25obliterated from the official index requested to be kept by
26the circuit court clerk under Section 16 of the Clerks of

 

 

HB3150- 34 -LRB103 28611 RLC 54992 b

1Courts Act in connection with the arrest and conviction for
2the offense for which he or she had been pardoned but the order
3shall not affect any index issued by the circuit court clerk
4before the entry of the order. All records sealed by the
5Illinois State Police may be disseminated by the Illinois
6State Police only to the arresting authority, the State's
7Attorney, and the court upon a later arrest for the same or
8similar offense or for the purpose of sentencing for any
9subsequent felony. Upon conviction for any subsequent offense,
10the Department of Corrections shall have access to all sealed
11records of the Illinois State Police pertaining to that
12individual. Upon entry of the order of expungement, the
13circuit court clerk shall promptly mail a copy of the order to
14the person who was pardoned.
15    (e-5) Whenever a person who has been convicted of an
16offense is granted a certificate of eligibility for sealing by
17the Prisoner Review Board which specifically authorizes
18sealing, he or she may, upon verified petition to the Chief
19Judge of the circuit where the person had been convicted, any
20judge of the circuit designated by the Chief Judge, or in
21counties of less than 3,000,000 inhabitants, the presiding
22trial judge at the petitioner's trial, have a court order
23entered sealing the record of arrest from the official records
24of the arresting authority and order that the records of the
25circuit court clerk and the Illinois State Police be sealed
26until further order of the court upon good cause shown or as

 

 

HB3150- 35 -LRB103 28611 RLC 54992 b

1otherwise provided herein, and the name of the petitioner
2obliterated from the official index requested to be kept by
3the circuit court clerk under Section 16 of the Clerks of
4Courts Act in connection with the arrest and conviction for
5the offense for which he or she had been granted the
6certificate but the order shall not affect any index issued by
7the circuit court clerk before the entry of the order. All
8records sealed by the Illinois State Police may be
9disseminated by the Illinois State Police only as required by
10this Act or to the arresting authority, a law enforcement
11agency, the State's Attorney, and the court upon a later
12arrest for the same or similar offense or for the purpose of
13sentencing for any subsequent felony. Upon conviction for any
14subsequent offense, the Department of Corrections shall have
15access to all sealed records of the Illinois State Police
16pertaining to that individual. Upon entry of the order of
17sealing, the circuit court clerk shall promptly mail a copy of
18the order to the person who was granted the certificate of
19eligibility for sealing.
20    (e-6) Whenever a person who has been convicted of an
21offense is granted a certificate of eligibility for
22expungement by the Prisoner Review Board which specifically
23authorizes expungement, he or she may, upon verified petition
24to the Chief Judge of the circuit where the person had been
25convicted, any judge of the circuit designated by the Chief
26Judge, or in counties of less than 3,000,000 inhabitants, the

 

 

HB3150- 36 -LRB103 28611 RLC 54992 b

1presiding trial judge at the petitioner's trial, have a court
2order entered expunging the record of arrest from the official
3records of the arresting authority and order that the records
4of the circuit court clerk and the Illinois State Police be
5sealed until further order of the court upon good cause shown
6or as otherwise provided herein, and the name of the
7petitioner obliterated from the official index requested to be
8kept by the circuit court clerk under Section 16 of the Clerks
9of Courts Act in connection with the arrest and conviction for
10the offense for which he or she had been granted the
11certificate but the order shall not affect any index issued by
12the circuit court clerk before the entry of the order. All
13records sealed by the Illinois State Police may be
14disseminated by the Illinois State Police only as required by
15this Act or to the arresting authority, a law enforcement
16agency, the State's Attorney, and the court upon a later
17arrest for the same or similar offense or for the purpose of
18sentencing for any subsequent felony. Upon conviction for any
19subsequent offense, the Department of Corrections shall have
20access to all expunged records of the Illinois State Police
21pertaining to that individual. Upon entry of the order of
22expungement, the circuit court clerk shall promptly mail a
23copy of the order to the person who was granted the certificate
24of eligibility for expungement.
25    (f) Subject to available funding, the Illinois Department
26of Corrections shall conduct a study of the impact of sealing,

 

 

HB3150- 37 -LRB103 28611 RLC 54992 b

1especially on employment and recidivism rates, utilizing a
2random sample of those who apply for the sealing of their
3criminal records under Public Act 93-211. At the request of
4the Illinois Department of Corrections, records of the
5Illinois Department of Employment Security shall be utilized
6as appropriate to assist in the study. The study shall not
7disclose any data in a manner that would allow the
8identification of any particular individual or employing unit.
9The study shall be made available to the General Assembly no
10later than September 1, 2010.
11    (g) Immediate Sealing.
12        (1) Applicability. Notwithstanding any other provision
13    of this Act to the contrary, and cumulative with any
14    rights to expungement or sealing of criminal records, this
15    subsection authorizes the immediate sealing of criminal
16    records of adults and of minors prosecuted as adults.
17        (2) Eligible Records. Arrests or charges not initiated
18    by arrest resulting in acquittal or dismissal with
19    prejudice, except as excluded by subsection (a)(3)(B),
20    that occur on or after January 1, 2018 (the effective date
21    of Public Act 100-282), may be sealed immediately if the
22    petition is filed with the circuit court clerk on the same
23    day and during the same hearing in which the case is
24    disposed.
25        (3) When Records are Eligible to be Immediately
26    Sealed. Eligible records under paragraph (2) of this

 

 

HB3150- 38 -LRB103 28611 RLC 54992 b

1    subsection (g) may be sealed immediately after entry of
2    the final disposition of a case, notwithstanding the
3    disposition of other charges in the same case.
4        (4) Notice of Eligibility for Immediate Sealing. Upon
5    entry of a disposition for an eligible record under this
6    subsection (g), the defendant shall be informed by the
7    court of his or her right to have eligible records
8    immediately sealed and the procedure for the immediate
9    sealing of these records.
10        (5) Procedure. The following procedures apply to
11    immediate sealing under this subsection (g).
12            (A) Filing the Petition. Upon entry of the final
13        disposition of the case, the defendant's attorney may
14        immediately petition the court, on behalf of the
15        defendant, for immediate sealing of eligible records
16        under paragraph (2) of this subsection (g) that are
17        entered on or after January 1, 2018 (the effective
18        date of Public Act 100-282). The immediate sealing
19        petition may be filed with the circuit court clerk
20        during the hearing in which the final disposition of
21        the case is entered. If the defendant's attorney does
22        not file the petition for immediate sealing during the
23        hearing, the defendant may file a petition for sealing
24        at any time as authorized under subsection (c)(3)(A).
25            (B) Contents of Petition. The immediate sealing
26        petition shall be verified and shall contain the

 

 

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1        petitioner's name, date of birth, current address, and
2        for each eligible record, the case number, the date of
3        arrest if applicable, the identity of the arresting
4        authority if applicable, and other information as the
5        court may require.
6            (C) Drug Test. The petitioner shall not be
7        required to attach proof that he or she has passed a
8        drug test.
9            (D) Service of Petition. A copy of the petition
10        shall be served on the State's Attorney in open court.
11        The petitioner shall not be required to serve a copy of
12        the petition on any other agency.
13            (E) Entry of Order. The presiding trial judge
14        shall enter an order granting or denying the petition
15        for immediate sealing during the hearing in which it
16        is filed. Petitions for immediate sealing shall be
17        ruled on in the same hearing in which the final
18        disposition of the case is entered.
19            (F) Hearings. The court shall hear the petition
20        for immediate sealing on the same day and during the
21        same hearing in which the disposition is rendered.
22            (G) Service of Order. An order to immediately seal
23        eligible records shall be served in conformance with
24        subsection (d)(8).
25            (H) Implementation of Order. An order to
26        immediately seal records shall be implemented in

 

 

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1        conformance with subsections (d)(9)(C) and (d)(9)(D).
2            (I) Fees. The fee imposed by the circuit court
3        clerk and the Illinois State Police shall comply with
4        paragraph (1) of subsection (d) of this Section.
5            (J) Final Order. No court order issued under this
6        subsection (g) shall become final for purposes of
7        appeal until 30 days after service of the order on the
8        petitioner and all parties entitled to service of the
9        order in conformance with subsection (d)(8).
10            (K) Motion to Vacate, Modify, or Reconsider. Under
11        Section 2-1203 of the Code of Civil Procedure, the
12        petitioner, State's Attorney, or the Illinois State
13        Police may file a motion to vacate, modify, or
14        reconsider the order denying the petition to
15        immediately seal within 60 days of service of the
16        order. If filed more than 60 days after service of the
17        order, a petition to vacate, modify, or reconsider
18        shall comply with subsection (c) of Section 2-1401 of
19        the Code of Civil Procedure.
20            (L) Effect of Order. An order granting an
21        immediate sealing petition shall not be considered
22        void because it fails to comply with the provisions of
23        this Section or because of an error asserted in a
24        motion to vacate, modify, or reconsider. The circuit
25        court retains jurisdiction to determine whether the
26        order is voidable, and to vacate, modify, or

 

 

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1        reconsider its terms based on a motion filed under
2        subparagraph (L) of this subsection (g).
3            (M) Compliance with Order Granting Petition to
4        Seal Records. Unless a court has entered a stay of an
5        order granting a petition to immediately seal, all
6        parties entitled to service of the order must fully
7        comply with the terms of the order within 60 days of
8        service of the order.
9    (h) Sealing; trafficking victims.
10        (1) A trafficking victim as defined by paragraph (10)
11    of subsection (a) of Section 10-9 of the Criminal Code of
12    2012 shall be eligible to petition for immediate sealing
13    of his or her criminal record upon the completion of his or
14    her last sentence if his or her participation in the
15    underlying offense was a direct result of human
16    trafficking under Section 10-9 of the Criminal Code of
17    2012 or a severe form of trafficking under the federal
18    Trafficking Victims Protection Act.
19        (2) A petitioner under this subsection (h), in
20    addition to the requirements provided under paragraph (4)
21    of subsection (d) of this Section, shall include in his or
22    her petition a clear and concise statement that: (A) he or
23    she was a victim of human trafficking at the time of the
24    offense; and (B) that his or her participation in the
25    offense was a direct result of human trafficking under
26    Section 10-9 of the Criminal Code of 2012 or a severe form

 

 

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1    of trafficking under the federal Trafficking Victims
2    Protection Act.
3        (3) If an objection is filed alleging that the
4    petitioner is not entitled to immediate sealing under this
5    subsection (h), the court shall conduct a hearing under
6    paragraph (7) of subsection (d) of this Section and the
7    court shall determine whether the petitioner is entitled
8    to immediate sealing under this subsection (h). A
9    petitioner is eligible for immediate relief under this
10    subsection (h) if he or she shows, by a preponderance of
11    the evidence, that: (A) he or she was a victim of human
12    trafficking at the time of the offense; and (B) that his or
13    her participation in the offense was a direct result of
14    human trafficking under Section 10-9 of the Criminal Code
15    of 2012 or a severe form of trafficking under the federal
16    Trafficking Victims Protection Act.
17    (i) Minor Cannabis Offenses under the Cannabis Control
18Act.
19        (1) Expungement of Arrest Records of Minor Cannabis
20    Offenses.
21            (A) The Illinois State Police and all law
22        enforcement agencies within the State shall
23        automatically expunge all criminal history records of
24        an arrest, charge not initiated by arrest, order of
25        supervision, or order of qualified probation for a
26        Minor Cannabis Offense committed prior to June 25,

 

 

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1        2019 (the effective date of Public Act 101-27) if:
2                (i) One year or more has elapsed since the
3            date of the arrest or law enforcement interaction
4            documented in the records; and
5                (ii) No criminal charges were filed relating
6            to the arrest or law enforcement interaction or
7            criminal charges were filed and subsequently
8            dismissed or vacated or the arrestee was
9            acquitted.
10            (B) If the law enforcement agency is unable to
11        verify satisfaction of condition (ii) in paragraph
12        (A), records that satisfy condition (i) in paragraph
13        (A) shall be automatically expunged.
14            (C) Records shall be expunged by the law
15        enforcement agency under the following timelines:
16                (i) Records created prior to June 25, 2019
17            (the effective date of Public Act 101-27), but on
18            or after January 1, 2013, shall be automatically
19            expunged prior to January 1, 2021;
20                (ii) Records created prior to January 1, 2013,
21            but on or after January 1, 2000, shall be
22            automatically expunged prior to January 1, 2023;
23                (iii) Records created prior to January 1, 2000
24            shall be automatically expunged prior to January
25            1, 2025.
26            In response to an inquiry for expunged records,

 

 

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1        the law enforcement agency receiving such inquiry
2        shall reply as it does in response to inquiries when no
3        records ever existed; however, it shall provide a
4        certificate of disposition or confirmation that the
5        record was expunged to the individual whose record was
6        expunged if such a record exists.
7            (D) Nothing in this Section shall be construed to
8        restrict or modify an individual's right to have that
9        individual's records expunged except as otherwise may
10        be provided in this Act, or diminish or abrogate any
11        rights or remedies otherwise available to the
12        individual.
13        (2) Pardons Authorizing Expungement of Minor Cannabis
14    Offenses.
15            (A) Upon June 25, 2019 (the effective date of
16        Public Act 101-27), the Department of State Police
17        shall review all criminal history record information
18        and identify all records that meet all of the
19        following criteria:
20                (i) one or more convictions for a Minor
21            Cannabis Offense;
22                (ii) the conviction identified in paragraph
23            (2)(A)(i) did not include a penalty enhancement
24            under Section 7 of the Cannabis Control Act; and
25                (iii) the conviction identified in paragraph
26            (2)(A)(i) is not associated with a conviction for

 

 

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1            a violent crime as defined in subsection (c) of
2            Section 3 of the Rights of Crime Victims and
3            Witnesses Act.
4            (B) Within 180 days after June 25, 2019 (the
5        effective date of Public Act 101-27), the Department
6        of State Police shall notify the Prisoner Review Board
7        of all such records that meet the criteria established
8        in paragraph (2)(A).
9                (i) The Prisoner Review Board shall notify the
10            State's Attorney of the county of conviction of
11            each record identified by State Police in
12            paragraph (2)(A) that is classified as a Class 4
13            felony. The State's Attorney may provide a written
14            objection to the Prisoner Review Board on the sole
15            basis that the record identified does not meet the
16            criteria established in paragraph (2)(A). Such an
17            objection must be filed within 60 days or by such
18            later date set by the Prisoner Review Board in the
19            notice after the State's Attorney received notice
20            from the Prisoner Review Board.
21                (ii) In response to a written objection from a
22            State's Attorney, the Prisoner Review Board is
23            authorized to conduct a non-public hearing to
24            evaluate the information provided in the
25            objection.
26                (iii) The Prisoner Review Board shall make a

 

 

HB3150- 46 -LRB103 28611 RLC 54992 b

1            confidential and privileged recommendation to the
2            Governor as to whether to grant a pardon
3            authorizing expungement for each of the records
4            identified by the Department of State Police as
5            described in paragraph (2)(A).
6            (C) If an individual has been granted a pardon
7        authorizing expungement as described in this Section,
8        the Prisoner Review Board, through the Attorney
9        General, shall file a petition for expungement with
10        the Chief Judge of the circuit or any judge of the
11        circuit designated by the Chief Judge where the
12        individual had been convicted. Such petition may
13        include more than one individual. Whenever an
14        individual who has been convicted of an offense is
15        granted a pardon by the Governor that specifically
16        authorizes expungement, an objection to the petition
17        may not be filed. Petitions to expunge under this
18        subsection (i) may include more than one individual.
19        Within 90 days of the filing of such a petition, the
20        court shall enter an order expunging the records of
21        arrest from the official records of the arresting
22        authority and order that the records of the circuit
23        court clerk and the Illinois State Police be expunged
24        and the name of the defendant obliterated from the
25        official index requested to be kept by the circuit
26        court clerk under Section 16 of the Clerks of Courts

 

 

HB3150- 47 -LRB103 28611 RLC 54992 b

1        Act in connection with the arrest and conviction for
2        the offense for which the individual had received a
3        pardon but the order shall not affect any index issued
4        by the circuit court clerk before the entry of the
5        order. Upon entry of the order of expungement, the
6        circuit court clerk shall promptly provide a copy of
7        the order and a certificate of disposition to the
8        individual who was pardoned to the individual's last
9        known address or by electronic means (if available) or
10        otherwise make it available to the individual upon
11        request.
12            (D) Nothing in this Section is intended to
13        diminish or abrogate any rights or remedies otherwise
14        available to the individual.
15        (3) Any individual may file a motion to vacate and
16    expunge a conviction for a misdemeanor or Class 4 felony
17    violation of Section 4 or Section 5 of the Cannabis
18    Control Act. Motions to vacate and expunge under this
19    subsection (i) may be filed with the circuit court, Chief
20    Judge of a judicial circuit or any judge of the circuit
21    designated by the Chief Judge. The circuit court clerk
22    shall promptly serve a copy of the motion to vacate and
23    expunge, and any supporting documentation, on the State's
24    Attorney or prosecutor charged with the duty of
25    prosecuting the offense. When considering such a motion to
26    vacate and expunge, a court shall consider the following:

 

 

HB3150- 48 -LRB103 28611 RLC 54992 b

1    the reasons to retain the records provided by law
2    enforcement, the petitioner's age, the petitioner's age at
3    the time of offense, the time since the conviction, and
4    the specific adverse consequences if denied. An individual
5    may file such a petition after the completion of any
6    non-financial sentence or non-financial condition imposed
7    by the conviction. Within 60 days of the filing of such
8    motion, a State's Attorney may file an objection to such a
9    petition along with supporting evidence. If a motion to
10    vacate and expunge is granted, the records shall be
11    expunged in accordance with subparagraphs (d)(8) and
12    (d)(9)(A) of this Section. An agency providing civil legal
13    aid, as defined by Section 15 of the Public Interest
14    Attorney Assistance Act, assisting individuals seeking to
15    file a motion to vacate and expunge under this subsection
16    may file motions to vacate and expunge with the Chief
17    Judge of a judicial circuit or any judge of the circuit
18    designated by the Chief Judge, and the motion may include
19    more than one individual. Motions filed by an agency
20    providing civil legal aid concerning more than one
21    individual may be prepared, presented, and signed
22    electronically.
23        (4) Any State's Attorney may file a motion to vacate
24    and expunge a conviction for a misdemeanor or Class 4
25    felony violation of Section 4 or Section 5 of the Cannabis
26    Control Act. Motions to vacate and expunge under this

 

 

HB3150- 49 -LRB103 28611 RLC 54992 b

1    subsection (i) may be filed with the circuit court, Chief
2    Judge of a judicial circuit or any judge of the circuit
3    designated by the Chief Judge, and may include more than
4    one individual. Motions filed by a State's Attorney
5    concerning more than one individual may be prepared,
6    presented, and signed electronically. When considering
7    such a motion to vacate and expunge, a court shall
8    consider the following: the reasons to retain the records
9    provided by law enforcement, the individual's age, the
10    individual's age at the time of offense, the time since
11    the conviction, and the specific adverse consequences if
12    denied. Upon entry of an order granting a motion to vacate
13    and expunge records pursuant to this Section, the State's
14    Attorney shall notify the Prisoner Review Board within 30
15    days. Upon entry of the order of expungement, the circuit
16    court clerk shall promptly provide a copy of the order and
17    a certificate of disposition to the individual whose
18    records will be expunged to the individual's last known
19    address or by electronic means (if available) or otherwise
20    make available to the individual upon request. If a motion
21    to vacate and expunge is granted, the records shall be
22    expunged in accordance with subparagraphs (d)(8) and
23    (d)(9)(A) of this Section.
24        (5) In the public interest, the State's Attorney of a
25    county has standing to file motions to vacate and expunge
26    pursuant to this Section in the circuit court with

 

 

HB3150- 50 -LRB103 28611 RLC 54992 b

1    jurisdiction over the underlying conviction.
2        (6) If a person is arrested for a Minor Cannabis
3    Offense as defined in this Section before June 25, 2019
4    (the effective date of Public Act 101-27) and the person's
5    case is still pending but a sentence has not been imposed,
6    the person may petition the court in which the charges are
7    pending for an order to summarily dismiss those charges
8    against him or her, and expunge all official records of
9    his or her arrest, plea, trial, conviction, incarceration,
10    supervision, or expungement. If the court determines, upon
11    review, that: (A) the person was arrested before June 25,
12    2019 (the effective date of Public Act 101-27) for an
13    offense that has been made eligible for expungement; (B)
14    the case is pending at the time; and (C) the person has not
15    been sentenced of the minor cannabis violation eligible
16    for expungement under this subsection, the court shall
17    consider the following: the reasons to retain the records
18    provided by law enforcement, the petitioner's age, the
19    petitioner's age at the time of offense, the time since
20    the conviction, and the specific adverse consequences if
21    denied. If a motion to dismiss and expunge is granted, the
22    records shall be expunged in accordance with subparagraph
23    (d)(9)(A) of this Section.
24        (7) A person imprisoned solely as a result of one or
25    more convictions for Minor Cannabis Offenses under this
26    subsection (i) shall be released from incarceration upon

 

 

HB3150- 51 -LRB103 28611 RLC 54992 b

1    the issuance of an order under this subsection.
2        (8) The Illinois State Police shall allow a person to
3    use the access and review process, established in the
4    Illinois State Police, for verifying that his or her
5    records relating to Minor Cannabis Offenses of the
6    Cannabis Control Act eligible under this Section have been
7    expunged.
8        (9) No conviction vacated pursuant to this Section
9    shall serve as the basis for damages for time unjustly
10    served as provided in the Court of Claims Act.
11        (10) Effect of Expungement. A person's right to
12    expunge an expungeable offense shall not be limited under
13    this Section. The effect of an order of expungement shall
14    be to restore the person to the status he or she occupied
15    before the arrest, charge, or conviction.
16        (11) Information. The Illinois State Police shall post
17    general information on its website about the expungement
18    process described in this subsection (i).
19    (j) Felony Commercial Sexual Activity Prostitution
20Convictions.
21        (1) Any individual may file a motion to vacate and
22    expunge a conviction for a prior Class 4 felony violation
23    of commercial sexual activity prostitution. Motions to
24    vacate and expunge under this subsection (j) may be filed
25    with the circuit court, Chief Judge of a judicial circuit,
26    or any judge of the circuit designated by the Chief Judge.

 

 

HB3150- 52 -LRB103 28611 RLC 54992 b

1    When considering the motion to vacate and expunge, a court
2    shall consider the following:
3            (A) the reasons to retain the records provided by
4        law enforcement;
5            (B) the petitioner's age;
6            (C) the petitioner's age at the time of offense;
7        and
8            (D) the time since the conviction, and the
9        specific adverse consequences if denied. An individual
10        may file the petition after the completion of any
11        sentence or condition imposed by the conviction.
12        Within 60 days of the filing of the motion, a State's
13        Attorney may file an objection to the petition along
14        with supporting evidence. If a motion to vacate and
15        expunge is granted, the records shall be expunged in
16        accordance with subparagraph (d)(9)(A) of this
17        Section. An agency providing civil legal aid, as
18        defined in Section 15 of the Public Interest Attorney
19        Assistance Act, assisting individuals seeking to file
20        a motion to vacate and expunge under this subsection
21        may file motions to vacate and expunge with the Chief
22        Judge of a judicial circuit or any judge of the circuit
23        designated by the Chief Judge, and the motion may
24        include more than one individual.
25        (2) Any State's Attorney may file a motion to vacate
26    and expunge a conviction for a Class 4 felony violation of

 

 

HB3150- 53 -LRB103 28611 RLC 54992 b

1    commercial sexual activity prostitution. Motions to vacate
2    and expunge under this subsection (j) may be filed with
3    the circuit court, Chief Judge of a judicial circuit, or
4    any judge of the circuit court designated by the Chief
5    Judge, and may include more than one individual. When
6    considering the motion to vacate and expunge, a court
7    shall consider the following reasons:
8            (A) the reasons to retain the records provided by
9        law enforcement;
10            (B) the petitioner's age;
11            (C) the petitioner's age at the time of offense;
12            (D) the time since the conviction; and
13            (E) the specific adverse consequences if denied.
14        If the State's Attorney files a motion to vacate and
15    expunge records for felony commercial sexual activity
16    prostitution convictions pursuant to this Section, the
17    State's Attorney shall notify the Prisoner Review Board
18    within 30 days of the filing. If a motion to vacate and
19    expunge is granted, the records shall be expunged in
20    accordance with subparagraph (d)(9)(A) of this Section.
21        (3) In the public interest, the State's Attorney of a
22    county has standing to file motions to vacate and expunge
23    pursuant to this Section in the circuit court with
24    jurisdiction over the underlying conviction.
25        (4) The Illinois State Police shall allow a person to
26    a use the access and review process, established in the

 

 

HB3150- 54 -LRB103 28611 RLC 54992 b

1    Illinois State Police, for verifying that his or her
2    records relating to felony commercial sexual activity
3    prostitution eligible under this Section have been
4    expunged.
5        (5) No conviction vacated pursuant to this Section
6    shall serve as the basis for damages for time unjustly
7    served as provided in the Court of Claims Act.
8        (6) Effect of Expungement. A person's right to expunge
9    an expungeable offense shall not be limited under this
10    Section. The effect of an order of expungement shall be to
11    restore the person to the status he or she occupied before
12    the arrest, charge, or conviction.
13        (7) Information. The Illinois State Police shall post
14    general information on its website about the expungement
15    process described in this subsection (j).
16(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
17101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1812-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
19102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
205-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
 
21    Section 10. The Sex Offender Management Board Act is
22amended by changing Section 10 as follows:
 
23    (20 ILCS 4026/10)
24    Sec. 10. Definitions. In this Act, unless the context

 

 

HB3150- 55 -LRB103 28611 RLC 54992 b

1otherwise requires:
2    (a) "Board" means the Sex Offender Management Board
3created in Section 15.
4    (b) "Sex offender" means any person who is convicted or
5found delinquent in the State of Illinois, or under any
6substantially similar federal law or law of another state, of
7any sex offense or attempt of a sex offense as defined in
8subsection (c) of this Section, or any former statute of this
9State that defined a felony sex offense, or who has been
10declared as a sexually dangerous person under the Sexually
11Dangerous Persons Act or declared a sexually violent person
12under the Sexually Violent Persons Commitment Act, or any
13substantially similar federal law or law of another state.
14    (c) "Sex offense" means any felony or misdemeanor offense
15described in this subsection (c) as follows:
16        (1) indecent solicitation of a child, in violation of
17    Section 11-6 of the Criminal Code of 1961 or the Criminal
18    Code of 2012;
19        (2) indecent solicitation of an adult, in violation of
20    Section 11-6.5 of the Criminal Code of 1961 or the
21    Criminal Code of 2012;
22        (3) public indecency, in violation of Section 11-9 or
23    11-30 of the Criminal Code of 1961 or the Criminal Code of
24    2012;
25        (4) sexual exploitation of a child, in violation of
26    Section 11-9.1 of the Criminal Code of 1961 or the

 

 

HB3150- 56 -LRB103 28611 RLC 54992 b

1    Criminal Code of 2012;
2        (5) sexual relations within families, in violation of
3    Section 11-11 of the Criminal Code of 1961 or the Criminal
4    Code of 2012;
5        (6) promoting commercial sexual exploitation of a
6    child juvenile prostitution or soliciting for a sexually
7    exploited child juvenile prostitute, in violation of
8    Section 11-14.4 or 11-15.1 of the Criminal Code of 1961 or
9    the Criminal Code of 2012;
10        (7) promoting commercial sexual exploitation of a
11    child juvenile prostitution or keeping a place of
12    commercial sexual exploitation of a child juvenile
13    prostitution, in violation of Section 11-14.4 or 11-17.1
14    of the Criminal Code of 1961 or the Criminal Code of 2012;
15        (8) patronizing a sexually exploited child juvenile
16    prostitute, in violation of Section 11-18.1 of the
17    Criminal Code of 1961 or the Criminal Code of 2012;
18        (9) promoting commercial sexual exploitation of a
19    child juvenile prostitution or juvenile pimping, in
20    violation of Section 11-14.4 or 11-19.1 of the Criminal
21    Code of 1961 or the Criminal Code of 2012;
22        (10) promoting commercial sexual exploitation of a
23    child juvenile prostitution or exploitation of a child, in
24    violation of Section 11-14.4 or 11-19.2 of the Criminal
25    Code of 1961 or the Criminal Code of 2012;
26        (11) child pornography, in violation of Section

 

 

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1    11-20.1 of the Criminal Code of 1961 or the Criminal Code
2    of 2012;
3        (11.5) aggravated child pornography, in violation of
4    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
5        (12) harmful material, in violation of Section 11-21
6    of the Criminal Code of 1961 or the Criminal Code of 2012;
7        (13) criminal sexual assault, in violation of Section
8    11-1.20 or 12-13 of the Criminal Code of 1961 or the
9    Criminal Code of 2012;
10        (13.5) grooming, in violation of Section 11-25 of the
11    Criminal Code of 1961 or the Criminal Code of 2012;
12        (14) aggravated criminal sexual assault, in violation
13    of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
14    the Criminal Code of 2012;
15        (14.5) traveling to meet a minor or traveling to meet
16    a child, in violation of Section 11-26 of the Criminal
17    Code of 1961 or the Criminal Code of 2012;
18        (15) predatory criminal sexual assault of a child, in
19    violation of Section 11-1.40 or 12-14.1 of the Criminal
20    Code of 1961 or the Criminal Code of 2012;
21        (16) criminal sexual abuse, in violation of Section
22    11-1.50 or 12-15 of the Criminal Code of 1961 or the
23    Criminal Code of 2012;
24        (17) aggravated criminal sexual abuse, in violation of
25    Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
26    the Criminal Code of 2012;

 

 

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1        (18) ritualized abuse of a child, in violation of
2    Section 12-33 of the Criminal Code of 1961 or the Criminal
3    Code of 2012;
4        (19) an attempt to commit any of the offenses
5    enumerated in this subsection (c); or
6        (20) any felony offense under Illinois law that is
7    sexually motivated.
8    (d) "Management" means treatment, and supervision of any
9sex offender that conforms to the standards created by the
10Board under Section 15.
11    (e) "Sexually motivated" means one or more of the facts of
12the underlying offense indicates conduct that is of a sexual
13nature or that shows an intent to engage in behavior of a
14sexual nature.
15    (f) "Sex offender evaluator" means a person licensed under
16the Sex Offender Evaluation and Treatment Provider Act to
17conduct sex offender evaluations.
18    (g) "Sex offender treatment provider" means a person
19licensed under the Sex Offender Evaluation and Treatment
20Provider Act to provide sex offender treatment services.
21    (h) "Associate sex offender provider" means a person
22licensed under the Sex Offender Evaluation and Treatment
23Provider Act to provide sex offender evaluations and to
24provide sex offender treatment under the supervision of a
25licensed sex offender evaluator or a licensed sex offender
26treatment provider.

 

 

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1(Source: P.A. 100-428, eff. 1-1-18.)
 
2    Section 15. The Counties Code is amended by changing
3Section 5-10008 as follows:
 
4    (55 ILCS 5/5-10008)  (from Ch. 34, par. 5-10008)
5    Sec. 5-10008. Prohibited persons. It shall be unlawful for
6any known provider of commercial sexual activity prostitute,
7male or female procurer, vagrant, or intoxicated person to be
8present at any dance hall or road house licensed under this
9Division.
10(Source: P.A. 86-962.)
 
11    Section 20. The Illinois Municipal Code is amended by
12changing Section 11-5-4 as follows:
 
13    (65 ILCS 5/11-5-4)  (from Ch. 24, par. 11-5-4)
14    Sec. 11-5-4. The corporate authorities of each
15municipality may prevent vagrancy, begging, and commercial
16sexual activity prostitution.
17(Source: Laws 1961, p. 576.)
 
18    Section 25. The Massage Licensing Act is amended by
19changing Sections 15 and 45 as follows:
 
20    (225 ILCS 57/15)

 

 

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1    (Section scheduled to be repealed on January 1, 2027)
2    Sec. 15. Licensure requirements.
3    (a) Persons engaged in massage for compensation must be
4licensed by the Department. The Department shall issue a
5license to an individual who meets all of the following
6requirements:
7        (1) The applicant has applied in writing on the
8    prescribed forms and has paid the required fees.
9        (2) The applicant is at least 18 years of age and of
10    good moral character. In determining good moral character,
11    the Department may take into consideration conviction of
12    any crime under the laws of the United States or any state
13    or territory thereof that is a felony or a misdemeanor or
14    any crime that is directly related to the practice of the
15    profession. Such a conviction shall not operate
16    automatically as a complete bar to a license, except in
17    the case of any conviction for commercial sexual activity
18    prostitution, rape, or sexual misconduct, or where the
19    applicant is a registered sex offender.
20        (3) The applicant has successfully completed a massage
21    therapy program approved by the Department that requires a
22    minimum of 500 hours, except applicants applying on or
23    after January 1, 2014 shall meet a minimum requirement of
24    600 hours, and has passed a competency examination
25    approved by the Department.
26    (b) Each applicant for licensure as a massage therapist

 

 

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1shall have his or her fingerprints submitted to the Illinois
2State Police in an electronic format that complies with the
3form and manner for requesting and furnishing criminal history
4record information as prescribed by the Illinois State Police.
5These fingerprints shall be checked against the Illinois State
6Police and Federal Bureau of Investigation criminal history
7record databases now and hereafter filed. The Illinois State
8Police shall charge applicants a fee for conducting the
9criminal history records check, which shall be deposited into
10the State Police Services Fund and shall not exceed the actual
11cost of the records check. The Illinois State Police shall
12furnish, pursuant to positive identification, records of
13Illinois convictions to the Department. The Department may
14require applicants to pay a separate fingerprinting fee,
15either to the Department or to a vendor. The Department, in its
16discretion, may allow an applicant who does not have
17reasonable access to a designated vendor to provide his or her
18fingerprints in an alternative manner. The Department may
19adopt any rules necessary to implement this Section.
20(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22.)
 
22    (225 ILCS 57/45)
23    (Section scheduled to be repealed on January 1, 2027)
24    Sec. 45. Grounds for discipline.
25    (a) The Department may refuse to issue or renew, or may

 

 

HB3150- 62 -LRB103 28611 RLC 54992 b

1revoke, suspend, place on probation, reprimand, or take other
2disciplinary or non-disciplinary action, as the Department
3considers appropriate, including the imposition of fines not
4to exceed $10,000 for each violation, with regard to any
5license or licensee for any one or more of the following:
6        (1) violations of this Act or of the rules adopted
7    under this Act;
8        (2) conviction by plea of guilty or nolo contendere,
9    finding of guilt, jury verdict, or entry of judgment or by
10    sentencing of any crime, including, but not limited to,
11    convictions, preceding sentences of supervision,
12    conditional discharge, or first offender probation, under
13    the laws of any jurisdiction of the United States: (i)
14    that is a felony; or (ii) that is a misdemeanor, an
15    essential element of which is dishonesty, or that is
16    directly related to the practice of the profession;
17        (3) professional incompetence;
18        (4) advertising in a false, deceptive, or misleading
19    manner, including failing to use the massage therapist's
20    own license number in an advertisement;
21        (5) aiding, abetting, assisting, procuring, advising,
22    employing, or contracting with any unlicensed person to
23    practice massage contrary to any rules or provisions of
24    this Act;
25        (6) engaging in immoral conduct in the commission of
26    any act, such as sexual abuse, sexual misconduct, or

 

 

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1    sexual exploitation, related to the licensee's practice;
2        (7) engaging in dishonorable, unethical, or
3    unprofessional conduct of a character likely to deceive,
4    defraud, or harm the public;
5        (8) practicing or offering to practice beyond the
6    scope permitted by law or accepting and performing
7    professional responsibilities which the licensee knows or
8    has reason to know that he or she is not competent to
9    perform;
10        (9) knowingly delegating professional
11    responsibilities to a person unqualified by training,
12    experience, or licensure to perform;
13        (10) failing to provide information in response to a
14    written request made by the Department within 60 days;
15        (11) having a habitual or excessive use of or
16    addiction to alcohol, narcotics, stimulants, or any other
17    chemical agent or drug which results in the inability to
18    practice with reasonable judgment, skill, or safety;
19        (12) having a pattern of practice or other behavior
20    that demonstrates incapacity or incompetence to practice
21    under this Act;
22        (13) discipline by another state, District of
23    Columbia, territory, or foreign nation, if at least one of
24    the grounds for the discipline is the same or
25    substantially equivalent to those set forth in this
26    Section;

 

 

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1        (14) a finding by the Department that the licensee,
2    after having his or her license placed on probationary
3    status, has violated the terms of probation;
4        (15) willfully making or filing false records or
5    reports in his or her practice, including, but not limited
6    to, false records filed with State agencies or
7    departments;
8        (16) making a material misstatement in furnishing
9    information to the Department or otherwise making
10    misleading, deceptive, untrue, or fraudulent
11    representations in violation of this Act or otherwise in
12    the practice of the profession;
13        (17) fraud or misrepresentation in applying for or
14    procuring a license under this Act or in connection with
15    applying for renewal of a license under this Act;
16        (18) inability to practice the profession with
17    reasonable judgment, skill, or safety as a result of
18    physical illness, including, but not limited to,
19    deterioration through the aging process, loss of motor
20    skill, or a mental illness or disability;
21        (19) charging for professional services not rendered,
22    including filing false statements for the collection of
23    fees for which services are not rendered;
24        (20) practicing under a false or, except as provided
25    by law, an assumed name; or
26        (21) cheating on or attempting to subvert the

 

 

HB3150- 65 -LRB103 28611 RLC 54992 b

1    licensing examination administered under this Act.
2    All fines shall be paid within 60 days of the effective
3date of the order imposing the fine.
4    (b) A person not licensed under this Act and engaged in the
5business of offering massage therapy services through others,
6shall not aid, abet, assist, procure, advise, employ, or
7contract with any unlicensed person to practice massage
8therapy contrary to any rules or provisions of this Act. A
9person violating this subsection (b) shall be treated as a
10licensee for the purposes of disciplinary action under this
11Section and shall be subject to cease and desist orders as
12provided in Section 90 of this Act.
13    (c) The Department shall revoke any license issued under
14this Act of any person who is convicted of commercial sexual
15activity prostitution, rape, sexual misconduct, or any crime
16that subjects the licensee to compliance with the requirements
17of the Sex Offender Registration Act and any such conviction
18shall operate as a permanent bar in the State of Illinois to
19practice as a massage therapist.
20    (d) The Department may refuse to issue or may suspend the
21license of any person who fails to file a tax return, to pay
22the tax, penalty, or interest shown in a filed tax return, or
23to pay any final assessment of tax, penalty, or interest, as
24required by any tax Act administered by the Illinois
25Department of Revenue, until such time as the requirements of
26the tax Act are satisfied in accordance with subsection (g) of

 

 

HB3150- 66 -LRB103 28611 RLC 54992 b

1Section 2105-15 of the Civil Administrative Code of Illinois.
2    (e) (Blank).
3    (f) In cases where the Department of Healthcare and Family
4Services has previously determined that a licensee or a
5potential licensee is more than 30 days delinquent in the
6payment of child support and has subsequently certified the
7delinquency to the Department, the Department may refuse to
8issue or renew or may revoke or suspend that person's license
9or may take other disciplinary action against that person
10based solely upon the certification of delinquency made by the
11Department of Healthcare and Family Services in accordance
12with item (5) of subsection (a) of Section 2105-15 of the Civil
13Administrative Code of Illinois.
14    (g) The determination by a circuit court that a licensee
15is subject to involuntary admission or judicial admission, as
16provided in the Mental Health and Developmental Disabilities
17Code, operates as an automatic suspension. The suspension will
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission
20and the issuance of a court order so finding and discharging
21the patient.
22    (h) In enforcing this Act, the Department or Board, upon a
23showing of a possible violation, may compel an individual
24licensed to practice under this Act, or who has applied for
25licensure under this Act, to submit to a mental or physical
26examination, or both, as required by and at the expense of the

 

 

HB3150- 67 -LRB103 28611 RLC 54992 b

1Department. The Department or Board may order the examining
2physician to present testimony concerning the mental or
3physical examination of the licensee or applicant. No
4information shall be excluded by reason of any common law or
5statutory privilege relating to communications between the
6licensee or applicant and the examining physician. The
7examining physicians shall be specifically designated by the
8Board or Department. The individual to be examined may have,
9at his or her own expense, another physician of his or her
10choice present during all aspects of this examination. The
11examination shall be performed by a physician licensed to
12practice medicine in all its branches. Failure of an
13individual to submit to a mental or physical examination, when
14directed, shall result in an automatic suspension without
15hearing.
16    A person holding a license under this Act or who has
17applied for a license under this Act who, because of a physical
18or mental illness or disability, including, but not limited
19to, deterioration through the aging process or loss of motor
20skill, is unable to practice the profession with reasonable
21judgment, skill, or safety, may be required by the Department
22to submit to care, counseling, or treatment by physicians
23approved or designated by the Department as a condition, term,
24or restriction for continued, reinstated, or renewed licensure
25to practice. Submission to care, counseling, or treatment as
26required by the Department shall not be considered discipline

 

 

HB3150- 68 -LRB103 28611 RLC 54992 b

1of a license. If the licensee refuses to enter into a care,
2counseling, or treatment agreement or fails to abide by the
3terms of the agreement, the Department may file a complaint to
4revoke, suspend, or otherwise discipline the license of the
5individual. The Secretary may order the license suspended
6immediately, pending a hearing by the Department. Fines shall
7not be assessed in disciplinary actions involving physical or
8mental illness or impairment.
9    In instances in which the Secretary immediately suspends a
10person's license under this Section, a hearing on that
11person's license must be convened by the Department within 15
12days after the suspension and completed without appreciable
13delay. The Department and Board shall have the authority to
14review the subject individual's record of treatment and
15counseling regarding the impairment to the extent permitted by
16applicable federal statutes and regulations safeguarding the
17confidentiality of medical records.
18    An individual licensed under this Act and affected under
19this Section shall be afforded an opportunity to demonstrate
20to the Department or Board that he or she can resume practice
21in compliance with acceptable and prevailing standards under
22the provisions of his or her license.
23(Source: P.A. 102-20, eff. 1-1-22.)
 
24    Section 30. The Private Employment Agency Act is amended
25by changing Section 10 as follows:
 

 

 

HB3150- 69 -LRB103 28611 RLC 54992 b

1    (225 ILCS 515/10)  (from Ch. 111, par. 910)
2    Sec. 10. Licensee prohibitions. No licensee shall send or
3cause to be sent any female help or servants, inmate, or
4performer to enter any questionable place, or place of bad
5repute, house of ill-fame, or assignation house, or to any
6house or place of amusement kept for immoral purposes, or
7place resorted to for the purpose of commercial sexual
8activity prostitution or gambling house, the character of
9which licensee knows either actually or by reputation.
10    No licensee shall permit questionable characters,
11providers of commercial sexual activity prostitutes, gamblers,
12intoxicated persons, or procurers to frequent the agency.
13    No licensee shall accept any application for employment
14made by or on behalf of any child, or shall place or assist in
15placing any such child in any employment whatever, in
16violation of the Child Labor Law. A violation of any provision
17of this Section shall be a Class A misdemeanor.
18    No licensee shall publish or cause to be published any
19fraudulent or misleading notice or advertisement of its
20employment agencies by means of cards, circulars, or signs, or
21in newspapers or other publications; and all letterheads,
22receipts, and blanks shall contain the full name and address
23of the employment agency and licensee shall state in all
24notices and advertisements the fact that licensee is, or
25conducts, a private employment agency.

 

 

HB3150- 70 -LRB103 28611 RLC 54992 b

1    No licensee shall print, publish, or paint on any sign or
2window, or insert in any newspaper or publication, a name
3similar to that of the Illinois Public Employment Office.
4    No licensee shall print or stamp on any receipt or on any
5contract used by that agency any part of this Act, unless the
6entire Section from which that part is taken is printed or
7stamped thereon.
8    All written communications sent out by any licensee,
9directly or indirectly, to any person or firm with regard to
10employees or employment shall contain therein definite
11information that such person is a private employment agency.
12    No licensee or his or her employees shall knowingly give
13any false or misleading information, or make any false or
14misleading promise to any applicant who shall apply for
15employment or employees.
16(Source: P.A. 90-372, eff. 7-1-98.)
 
17    Section 35. The Liquor Control Act of 1934 is amended by
18changing Section 6-2 as follows:
 
19    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
20    Sec. 6-2. Issuance of licenses to certain persons
21prohibited.
22    (a) Except as otherwise provided in subsection (b) of this
23Section and in paragraph (1) of subsection (a) of Section
243-12, no license of any kind issued by the State Commission or

 

 

HB3150- 71 -LRB103 28611 RLC 54992 b

1any local commission shall be issued to:
2        (1) A person who is not a resident of any city, village
3    or county in which the premises covered by the license are
4    located; except in case of railroad or boat licenses.
5        (2) A person who is not of good character and
6    reputation in the community in which he resides.
7        (3) (Blank).
8        (4) A person who has been convicted of a felony under
9    any Federal or State law, unless the Commission determines
10    that such person will not be impaired by the conviction in
11    engaging in the licensed practice after considering
12    matters set forth in such person's application in
13    accordance with Section 6-2.5 of this Act and the
14    Commission's investigation.
15        (5) A person who has been convicted of keeping a place
16    of commercial sexual activity prostitution or keeping a
17    place of commercial sexual exploitation of a child
18    juvenile prostitution, promoting commercial sexual
19    activity prostitution that involves keeping a place of
20    commercial sexual activity prostitution, or promoting
21    commercial sexual exploitation of a child juvenile
22    prostitution that involves keeping a place of commercial
23    sexual exploitation of a child juvenile prostitution.
24        (6) A person who has been convicted of pandering.
25        (7) A person whose license issued under this Act has
26    been revoked for cause.

 

 

HB3150- 72 -LRB103 28611 RLC 54992 b

1        (8) A person who at the time of application for
2    renewal of any license issued hereunder would not be
3    eligible for such license upon a first application.
4        (9) A copartnership, if any general partnership
5    thereof, or any limited partnership thereof, owning more
6    than 5% of the aggregate limited partner interest in such
7    copartnership would not be eligible to receive a license
8    hereunder for any reason other than residence within the
9    political subdivision, unless residency is required by
10    local ordinance.
11        (10) A corporation or limited liability company, if
12    any member, officer, manager or director thereof, or any
13    stockholder or stockholders owning in the aggregate more
14    than 5% of the stock of such corporation, would not be
15    eligible to receive a license hereunder for any reason
16    other than residence within the political subdivision.
17        (10a) A corporation or limited liability company
18    unless it is incorporated or organized in Illinois, or
19    unless it is a foreign corporation or foreign limited
20    liability company which is qualified under the Business
21    Corporation Act of 1983 or the Limited Liability Company
22    Act to transact business in Illinois. The Commission shall
23    permit and accept from an applicant for a license under
24    this Act proof prepared from the Secretary of State's
25    website that the corporation or limited liability company
26    is in good standing and is qualified under the Business

 

 

HB3150- 73 -LRB103 28611 RLC 54992 b

1    Corporation Act of 1983 or the Limited Liability Company
2    Act to transact business in Illinois.
3        (11) A person whose place of business is conducted by
4    a manager or agent unless the manager or agent possesses
5    the same qualifications required by the licensee.
6        (12) A person who has been convicted of a violation of
7    any Federal or State law concerning the manufacture,
8    possession or sale of alcoholic liquor, subsequent to the
9    passage of this Act or has forfeited his bond to appear in
10    court to answer charges for any such violation, unless the
11    Commission determines, in accordance with Section 6-2.5 of
12    this Act, that the person will not be impaired by the
13    conviction in engaging in the licensed practice.
14        (13) A person who does not beneficially own the
15    premises for which a license is sought, or does not have a
16    lease thereon for the full period for which the license is
17    to be issued.
18        (14) Any law enforcing public official, including
19    members of local liquor control commissions, any mayor,
20    alderperson, or member of the city council or commission,
21    any president of the village board of trustees, any member
22    of a village board of trustees, or any president or member
23    of a county board; and no such official shall have a direct
24    interest in the manufacture, sale, or distribution of
25    alcoholic liquor, except that a license may be granted to
26    such official in relation to premises that are not located

 

 

HB3150- 74 -LRB103 28611 RLC 54992 b

1    within the territory subject to the jurisdiction of that
2    official if the issuance of such license is approved by
3    the State Liquor Control Commission and except that a
4    license may be granted, in a city or village with a
5    population of 55,000 or less, to any alderperson, member
6    of a city council, or member of a village board of trustees
7    in relation to premises that are located within the
8    territory subject to the jurisdiction of that official if
9    (i) the sale of alcoholic liquor pursuant to the license
10    is incidental to the selling of food, (ii) the issuance of
11    the license is approved by the State Commission, (iii) the
12    issuance of the license is in accordance with all
13    applicable local ordinances in effect where the premises
14    are located, and (iv) the official granted a license does
15    not vote on alcoholic liquor issues pending before the
16    board or council to which the license holder is elected.
17    Notwithstanding any provision of this paragraph (14) to
18    the contrary, an alderperson or member of a city council
19    or commission, a member of a village board of trustees
20    other than the president of the village board of trustees,
21    or a member of a county board other than the president of a
22    county board may have a direct interest in the
23    manufacture, sale, or distribution of alcoholic liquor as
24    long as he or she is not a law enforcing public official, a
25    mayor, a village board president, or president of a county
26    board. To prevent any conflict of interest, the elected

 

 

HB3150- 75 -LRB103 28611 RLC 54992 b

1    official with the direct interest in the manufacture,
2    sale, or distribution of alcoholic liquor shall not
3    participate in any meetings, hearings, or decisions on
4    matters impacting the manufacture, sale, or distribution
5    of alcoholic liquor. Furthermore, the mayor of a city with
6    a population of 55,000 or less or the president of a
7    village with a population of 55,000 or less may have an
8    interest in the manufacture, sale, or distribution of
9    alcoholic liquor as long as the council or board over
10    which he or she presides has made a local liquor control
11    commissioner appointment that complies with the
12    requirements of Section 4-2 of this Act.
13        (15) A person who is not a beneficial owner of the
14    business to be operated by the licensee.
15        (16) A person who has been convicted of a gambling
16    offense as proscribed by any of subsections (a) (3)
17    through (a) (11) of Section 28-1 of, or as proscribed by
18    Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
19    Criminal Code of 2012, or as proscribed by a statute
20    replaced by any of the aforesaid statutory provisions.
21        (17) A person or entity to whom a federal wagering
22    stamp has been issued by the federal government, unless
23    the person or entity is eligible to be issued a license
24    under the Raffles and Poker Runs Act or the Illinois Pull
25    Tabs and Jar Games Act.
26        (18) A person who intends to sell alcoholic liquors

 

 

HB3150- 76 -LRB103 28611 RLC 54992 b

1    for use or consumption on his or her licensed retail
2    premises who does not have liquor liability insurance
3    coverage for that premises in an amount that is at least
4    equal to the maximum liability amounts set out in
5    subsection (a) of Section 6-21.
6        (19) A person who is licensed by any licensing
7    authority as a manufacturer of beer, or any partnership,
8    corporation, limited liability company, or trust or any
9    subsidiary, affiliate, or agent thereof, or any other form
10    of business enterprise licensed as a manufacturer of beer,
11    having any legal, equitable, or beneficial interest,
12    directly or indirectly, in a person licensed in this State
13    as a distributor or importing distributor. For purposes of
14    this paragraph (19), a person who is licensed by any
15    licensing authority as a "manufacturer of beer" shall also
16    mean a brewer and a non-resident dealer who is also a
17    manufacturer of beer, including a partnership,
18    corporation, limited liability company, or trust or any
19    subsidiary, affiliate, or agent thereof, or any other form
20    of business enterprise licensed as a manufacturer of beer.
21        (20) A person who is licensed in this State as a
22    distributor or importing distributor, or any partnership,
23    corporation, limited liability company, or trust or any
24    subsidiary, affiliate, or agent thereof, or any other form
25    of business enterprise licensed in this State as a
26    distributor or importing distributor having any legal,

 

 

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1    equitable, or beneficial interest, directly or indirectly,
2    in a person licensed as a manufacturer of beer by any
3    licensing authority, or any partnership, corporation,
4    limited liability company, or trust or any subsidiary,
5    affiliate, or agent thereof, or any other form of business
6    enterprise, except for a person who owns, on or after the
7    effective date of this amendatory Act of the 98th General
8    Assembly, no more than 5% of the outstanding shares of a
9    manufacturer of beer whose shares are publicly traded on
10    an exchange within the meaning of the Securities Exchange
11    Act of 1934. For the purposes of this paragraph (20), a
12    person who is licensed by any licensing authority as a
13    "manufacturer of beer" shall also mean a brewer and a
14    non-resident dealer who is also a manufacturer of beer,
15    including a partnership, corporation, limited liability
16    company, or trust or any subsidiary, affiliate, or agent
17    thereof, or any other form of business enterprise licensed
18    as a manufacturer of beer.
19    (b) A criminal conviction of a corporation is not grounds
20for the denial, suspension, or revocation of a license applied
21for or held by the corporation if the criminal conviction was
22not the result of a violation of any federal or State law
23concerning the manufacture, possession or sale of alcoholic
24liquor, the offense that led to the conviction did not result
25in any financial gain to the corporation and the corporation
26has terminated its relationship with each director, officer,

 

 

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1employee, or controlling shareholder whose actions directly
2contributed to the conviction of the corporation. The
3Commission shall determine if all provisions of this
4subsection (b) have been met before any action on the
5corporation's license is initiated.
6(Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
 
7    Section 40. The Intergovernmental Missing Child Recovery
8Act of 1984 is amended by changing Section 2 as follows:
 
9    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
10    Sec. 2. As used in this Act:
11    (a) (Blank).
12    (b) "Director" means the Director of the Illinois State
13Police.
14    (c) "Unit of local government" is defined as in Article
15VII, Section 1 of the Illinois Constitution and includes both
16home rule units and units which are not home rule units. The
17term is also defined to include all public school districts
18subject to the provisions of the School Code.
19    (d) "Child" means a person under 21 years of age.
20    (e) A "LEADS terminal" is an interactive computerized
21communication and processing unit which permits a direct
22on-line communication with the Illinois State Police's central
23data repository, the Law Enforcement Agencies Data System
24(LEADS).

 

 

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1    (f) A "primary contact agency" means a law enforcement
2agency which maintains a LEADS terminal, or has immediate
3access to one on a 24-hour-per-day, 7-day-per-week basis by
4written agreement with another law enforcement agency.
5    (g) (Blank).
6    (h) "Missing child" means any person under 21 years of age
7whose whereabouts are unknown to his or her parents or legal
8guardian.
9    (i) "Exploitation" means activities and actions which
10include, but are not limited to, child pornography, aggravated
11child pornography, commercial sexual exploitation of a child
12child prostitution, child sexual abuse, drug and substance
13abuse by children, and child suicide.
14    (j) (Blank).
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    Section 45. The Illinois Vehicle Code is amended by
17changing Section 6-206 as follows:
 
18    (625 ILCS 5/6-206)
19    (Text of Section before amendment by P.A. 102-982)
20    Sec. 6-206. Discretionary authority to suspend or revoke
21license or permit; right to a hearing.
22    (a) The Secretary of State is authorized to suspend or
23revoke the driving privileges of any person without
24preliminary hearing upon a showing of the person's records or

 

 

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1other sufficient evidence that the person:
2        1. Has committed an offense for which mandatory
3    revocation of a driver's license or permit is required
4    upon conviction;
5        2. Has been convicted of not less than 3 offenses
6    against traffic regulations governing the movement of
7    vehicles committed within any 12-month period. No
8    revocation or suspension shall be entered more than 6
9    months after the date of last conviction;
10        3. Has been repeatedly involved as a driver in motor
11    vehicle collisions or has been repeatedly convicted of
12    offenses against laws and ordinances regulating the
13    movement of traffic, to a degree that indicates lack of
14    ability to exercise ordinary and reasonable care in the
15    safe operation of a motor vehicle or disrespect for the
16    traffic laws and the safety of other persons upon the
17    highway;
18        4. Has by the unlawful operation of a motor vehicle
19    caused or contributed to an accident resulting in injury
20    requiring immediate professional treatment in a medical
21    facility or doctor's office to any person, except that any
22    suspension or revocation imposed by the Secretary of State
23    under the provisions of this subsection shall start no
24    later than 6 months after being convicted of violating a
25    law or ordinance regulating the movement of traffic, which
26    violation is related to the accident, or shall start not

 

 

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1    more than one year after the date of the accident,
2    whichever date occurs later;
3        5. Has permitted an unlawful or fraudulent use of a
4    driver's license, identification card, or permit;
5        6. Has been lawfully convicted of an offense or
6    offenses in another state, including the authorization
7    contained in Section 6-203.1, which if committed within
8    this State would be grounds for suspension or revocation;
9        7. Has refused or failed to submit to an examination
10    provided for by Section 6-207 or has failed to pass the
11    examination;
12        8. Is ineligible for a driver's license or permit
13    under the provisions of Section 6-103;
14        9. Has made a false statement or knowingly concealed a
15    material fact or has used false information or
16    identification in any application for a license,
17    identification card, or permit;
18        10. Has possessed, displayed, or attempted to
19    fraudulently use any license, identification card, or
20    permit not issued to the person;
21        11. Has operated a motor vehicle upon a highway of
22    this State when the person's driving privilege or
23    privilege to obtain a driver's license or permit was
24    revoked or suspended unless the operation was authorized
25    by a monitoring device driving permit, judicial driving
26    permit issued prior to January 1, 2009, probationary

 

 

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1    license to drive, or restricted driving permit issued
2    under this Code;
3        12. Has submitted to any portion of the application
4    process for another person or has obtained the services of
5    another person to submit to any portion of the application
6    process for the purpose of obtaining a license,
7    identification card, or permit for some other person;
8        13. Has operated a motor vehicle upon a highway of
9    this State when the person's driver's license or permit
10    was invalid under the provisions of Sections 6-107.1 and
11    6-110;
12        14. Has committed a violation of Section 6-301,
13    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14    14B of the Illinois Identification Card Act or a similar
15    offense in another state if, at the time of the offense,
16    the person held an Illinois driver's license or
17    identification card;
18        15. Has been convicted of violating Section 21-2 of
19    the Criminal Code of 1961 or the Criminal Code of 2012
20    relating to criminal trespass to vehicles if the person
21    exercised actual physical control over the vehicle during
22    the commission of the offense, in which case the
23    suspension shall be for one year;
24        16. Has been convicted of violating Section 11-204 of
25    this Code relating to fleeing from a peace officer;
26        17. Has refused to submit to a test, or tests, as

 

 

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1    required under Section 11-501.1 of this Code and the
2    person has not sought a hearing as provided for in Section
3    11-501.1;
4        18. (Blank);
5        19. Has committed a violation of paragraph (a) or (b)
6    of Section 6-101 relating to driving without a driver's
7    license;
8        20. Has been convicted of violating Section 6-104
9    relating to classification of driver's license;
10        21. Has been convicted of violating Section 11-402 of
11    this Code relating to leaving the scene of an accident
12    resulting in damage to a vehicle in excess of $1,000, in
13    which case the suspension shall be for one year;
14        22. Has used a motor vehicle in violating paragraph
15    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
16    the Criminal Code of 1961 or the Criminal Code of 2012
17    relating to unlawful use of weapons, in which case the
18    suspension shall be for one year;
19        23. Has, as a driver, been convicted of committing a
20    violation of paragraph (a) of Section 11-502 of this Code
21    for a second or subsequent time within one year of a
22    similar violation;
23        24. Has been convicted by a court-martial or punished
24    by non-judicial punishment by military authorities of the
25    United States at a military installation in Illinois or in
26    another state of or for a traffic-related offense that is

 

 

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1    the same as or similar to an offense specified under
2    Section 6-205 or 6-206 of this Code;
3        25. Has permitted any form of identification to be
4    used by another in the application process in order to
5    obtain or attempt to obtain a license, identification
6    card, or permit;
7        26. Has altered or attempted to alter a license or has
8    possessed an altered license, identification card, or
9    permit;
10        27. (Blank);
11        28. Has been convicted for a first time of the illegal
12    possession, while operating or in actual physical control,
13    as a driver, of a motor vehicle, of any controlled
14    substance prohibited under the Illinois Controlled
15    Substances Act, any cannabis prohibited under the Cannabis
16    Control Act, or any methamphetamine prohibited under the
17    Methamphetamine Control and Community Protection Act, in
18    which case the person's driving privileges shall be
19    suspended for one year. Any defendant found guilty of this
20    offense while operating a motor vehicle shall have an
21    entry made in the court record by the presiding judge that
22    this offense did occur while the defendant was operating a
23    motor vehicle and order the clerk of the court to report
24    the violation to the Secretary of State;
25        29. Has been convicted of the following offenses that
26    were committed while the person was operating or in actual

 

 

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1    physical control, as a driver, of a motor vehicle:
2    criminal sexual assault, predatory criminal sexual assault
3    of a child, aggravated criminal sexual assault, criminal
4    sexual abuse, aggravated criminal sexual abuse, juvenile
5    pimping, soliciting for a sexually exploited child
6    juvenile prostitute, promoting commercial sexual
7    exploitation of a child juvenile prostitution as described
8    in subdivision (a)(1), (a)(2), or (a)(3) of Section
9    11-14.4 of the Criminal Code of 1961 or the Criminal Code
10    of 2012, and the manufacture, sale or delivery of
11    controlled substances or instruments used for illegal drug
12    use or abuse in which case the driver's driving privileges
13    shall be suspended for one year;
14        30. Has been convicted a second or subsequent time for
15    any combination of the offenses named in paragraph 29 of
16    this subsection, in which case the person's driving
17    privileges shall be suspended for 5 years;
18        31. Has refused to submit to a test as required by
19    Section 11-501.6 of this Code or Section 5-16c of the Boat
20    Registration and Safety Act or has submitted to a test
21    resulting in an alcohol concentration of 0.08 or more or
22    any amount of a drug, substance, or compound resulting
23    from the unlawful use or consumption of cannabis as listed
24    in the Cannabis Control Act, a controlled substance as
25    listed in the Illinois Controlled Substances Act, an
26    intoxicating compound as listed in the Use of Intoxicating

 

 

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1    Compounds Act, or methamphetamine as listed in the
2    Methamphetamine Control and Community Protection Act, in
3    which case the penalty shall be as prescribed in Section
4    6-208.1;
5        32. Has been convicted of Section 24-1.2 of the
6    Criminal Code of 1961 or the Criminal Code of 2012
7    relating to the aggravated discharge of a firearm if the
8    offender was located in a motor vehicle at the time the
9    firearm was discharged, in which case the suspension shall
10    be for 3 years;
11        33. Has as a driver, who was less than 21 years of age
12    on the date of the offense, been convicted a first time of
13    a violation of paragraph (a) of Section 11-502 of this
14    Code or a similar provision of a local ordinance;
15        34. Has committed a violation of Section 11-1301.5 of
16    this Code or a similar provision of a local ordinance;
17        35. Has committed a violation of Section 11-1301.6 of
18    this Code or a similar provision of a local ordinance;
19        36. Is under the age of 21 years at the time of arrest
20    and has been convicted of not less than 2 offenses against
21    traffic regulations governing the movement of vehicles
22    committed within any 24-month period. No revocation or
23    suspension shall be entered more than 6 months after the
24    date of last conviction;
25        37. Has committed a violation of subsection (c) of
26    Section 11-907 of this Code that resulted in damage to the

 

 

HB3150- 87 -LRB103 28611 RLC 54992 b

1    property of another or the death or injury of another;
2        38. Has been convicted of a violation of Section 6-20
3    of the Liquor Control Act of 1934 or a similar provision of
4    a local ordinance and the person was an occupant of a motor
5    vehicle at the time of the violation;
6        39. Has committed a second or subsequent violation of
7    Section 11-1201 of this Code;
8        40. Has committed a violation of subsection (a-1) of
9    Section 11-908 of this Code;
10        41. Has committed a second or subsequent violation of
11    Section 11-605.1 of this Code, a similar provision of a
12    local ordinance, or a similar violation in any other state
13    within 2 years of the date of the previous violation, in
14    which case the suspension shall be for 90 days;
15        42. Has committed a violation of subsection (a-1) of
16    Section 11-1301.3 of this Code or a similar provision of a
17    local ordinance;
18        43. Has received a disposition of court supervision
19    for a violation of subsection (a), (d), or (e) of Section
20    6-20 of the Liquor Control Act of 1934 or a similar
21    provision of a local ordinance and the person was an
22    occupant of a motor vehicle at the time of the violation,
23    in which case the suspension shall be for a period of 3
24    months;
25        44. Is under the age of 21 years at the time of arrest
26    and has been convicted of an offense against traffic

 

 

HB3150- 88 -LRB103 28611 RLC 54992 b

1    regulations governing the movement of vehicles after
2    having previously had his or her driving privileges
3    suspended or revoked pursuant to subparagraph 36 of this
4    Section;
5        45. Has, in connection with or during the course of a
6    formal hearing conducted under Section 2-118 of this Code:
7    (i) committed perjury; (ii) submitted fraudulent or
8    falsified documents; (iii) submitted documents that have
9    been materially altered; or (iv) submitted, as his or her
10    own, documents that were in fact prepared or composed for
11    another person;
12        46. Has committed a violation of subsection (j) of
13    Section 3-413 of this Code;
14        47. Has committed a violation of subsection (a) of
15    Section 11-502.1 of this Code;
16        48. Has submitted a falsified or altered medical
17    examiner's certificate to the Secretary of State or
18    provided false information to obtain a medical examiner's
19    certificate;
20        49. Has been convicted of a violation of Section
21    11-1002 or 11-1002.5 that resulted in a Type A injury to
22    another, in which case the driving privileges of the
23    person shall be suspended for 12 months;
24        50. Has committed a violation of subsection (b-5) of
25    Section 12-610.2 that resulted in great bodily harm,
26    permanent disability, or disfigurement, in which case the

 

 

HB3150- 89 -LRB103 28611 RLC 54992 b

1    driving privileges of the person shall be suspended for 12
2    months;
3        51. Has committed a violation of Section 10-15 Of the
4    Cannabis Regulation and Tax Act or a similar provision of
5    a local ordinance while in a motor vehicle; or
6        52. Has committed a violation of subsection (b) of
7    Section 10-20 of the Cannabis Regulation and Tax Act or a
8    similar provision of a local ordinance.
9    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10and 27 of this subsection, license means any driver's license,
11any traffic ticket issued when the person's driver's license
12is deposited in lieu of bail, a suspension notice issued by the
13Secretary of State, a duplicate or corrected driver's license,
14a probationary driver's license, or a temporary driver's
15license.
16    (b) If any conviction forming the basis of a suspension or
17revocation authorized under this Section is appealed, the
18Secretary of State may rescind or withhold the entry of the
19order of suspension or revocation, as the case may be,
20provided that a certified copy of a stay order of a court is
21filed with the Secretary of State. If the conviction is
22affirmed on appeal, the date of the conviction shall relate
23back to the time the original judgment of conviction was
24entered and the 6-month limitation prescribed shall not apply.
25    (c) 1. Upon suspending or revoking the driver's license or
26permit of any person as authorized in this Section, the

 

 

HB3150- 90 -LRB103 28611 RLC 54992 b

1Secretary of State shall immediately notify the person in
2writing of the revocation or suspension. The notice to be
3deposited in the United States mail, postage prepaid, to the
4last known address of the person.
5    2. If the Secretary of State suspends the driver's license
6of a person under subsection 2 of paragraph (a) of this
7Section, a person's privilege to operate a vehicle as an
8occupation shall not be suspended, provided an affidavit is
9properly completed, the appropriate fee received, and a permit
10issued prior to the effective date of the suspension, unless 5
11offenses were committed, at least 2 of which occurred while
12operating a commercial vehicle in connection with the driver's
13regular occupation. All other driving privileges shall be
14suspended by the Secretary of State. Any driver prior to
15operating a vehicle for occupational purposes only must submit
16the affidavit on forms to be provided by the Secretary of State
17setting forth the facts of the person's occupation. The
18affidavit shall also state the number of offenses committed
19while operating a vehicle in connection with the driver's
20regular occupation. The affidavit shall be accompanied by the
21driver's license. Upon receipt of a properly completed
22affidavit, the Secretary of State shall issue the driver a
23permit to operate a vehicle in connection with the driver's
24regular occupation only. Unless the permit is issued by the
25Secretary of State prior to the date of suspension, the
26privilege to drive any motor vehicle shall be suspended as set

 

 

HB3150- 91 -LRB103 28611 RLC 54992 b

1forth in the notice that was mailed under this Section. If an
2affidavit is received subsequent to the effective date of this
3suspension, a permit may be issued for the remainder of the
4suspension period.
5    The provisions of this subparagraph shall not apply to any
6driver required to possess a CDL for the purpose of operating a
7commercial motor vehicle.
8    Any person who falsely states any fact in the affidavit
9required herein shall be guilty of perjury under Section 6-302
10and upon conviction thereof shall have all driving privileges
11revoked without further rights.
12    3. At the conclusion of a hearing under Section 2-118 of
13this Code, the Secretary of State shall either rescind or
14continue an order of revocation or shall substitute an order
15of suspension; or, good cause appearing therefor, rescind,
16continue, change, or extend the order of suspension. If the
17Secretary of State does not rescind the order, the Secretary
18may upon application, to relieve undue hardship (as defined by
19the rules of the Secretary of State), issue a restricted
20driving permit granting the privilege of driving a motor
21vehicle between the petitioner's residence and petitioner's
22place of employment or within the scope of the petitioner's
23employment-related duties, or to allow the petitioner to
24transport himself or herself, or a family member of the
25petitioner's household to a medical facility, to receive
26necessary medical care, to allow the petitioner to transport

 

 

HB3150- 92 -LRB103 28611 RLC 54992 b

1himself or herself to and from alcohol or drug remedial or
2rehabilitative activity recommended by a licensed service
3provider, or to allow the petitioner to transport himself or
4herself or a family member of the petitioner's household to
5classes, as a student, at an accredited educational
6institution, or to allow the petitioner to transport children,
7elderly persons, or persons with disabilities who do not hold
8driving privileges and are living in the petitioner's
9household to and from daycare. The petitioner must demonstrate
10that no alternative means of transportation is reasonably
11available and that the petitioner will not endanger the public
12safety or welfare.
13        (A) If a person's license or permit is revoked or
14    suspended due to 2 or more convictions of violating
15    Section 11-501 of this Code or a similar provision of a
16    local ordinance or a similar out-of-state offense, or
17    Section 9-3 of the Criminal Code of 1961 or the Criminal
18    Code of 2012, where the use of alcohol or other drugs is
19    recited as an element of the offense, or a similar
20    out-of-state offense, or a combination of these offenses,
21    arising out of separate occurrences, that person, if
22    issued a restricted driving permit, may not operate a
23    vehicle unless it has been equipped with an ignition
24    interlock device as defined in Section 1-129.1.
25        (B) If a person's license or permit is revoked or
26    suspended 2 or more times due to any combination of:

 

 

HB3150- 93 -LRB103 28611 RLC 54992 b

1            (i) a single conviction of violating Section
2        11-501 of this Code or a similar provision of a local
3        ordinance or a similar out-of-state offense or Section
4        9-3 of the Criminal Code of 1961 or the Criminal Code
5        of 2012, where the use of alcohol or other drugs is
6        recited as an element of the offense, or a similar
7        out-of-state offense; or
8            (ii) a statutory summary suspension or revocation
9        under Section 11-501.1; or
10            (iii) a suspension under Section 6-203.1;
11    arising out of separate occurrences; that person, if
12    issued a restricted driving permit, may not operate a
13    vehicle unless it has been equipped with an ignition
14    interlock device as defined in Section 1-129.1.
15        (B-5) If a person's license or permit is revoked or
16    suspended due to a conviction for a violation of
17    subparagraph (C) or (F) of paragraph (1) of subsection (d)
18    of Section 11-501 of this Code, or a similar provision of a
19    local ordinance or similar out-of-state offense, that
20    person, if issued a restricted driving permit, may not
21    operate a vehicle unless it has been equipped with an
22    ignition interlock device as defined in Section 1-129.1.
23        (C) The person issued a permit conditioned upon the
24    use of an ignition interlock device must pay to the
25    Secretary of State DUI Administration Fund an amount not
26    to exceed $30 per month. The Secretary shall establish by

 

 

HB3150- 94 -LRB103 28611 RLC 54992 b

1    rule the amount and the procedures, terms, and conditions
2    relating to these fees.
3        (D) If the restricted driving permit is issued for
4    employment purposes, then the prohibition against
5    operating a motor vehicle that is not equipped with an
6    ignition interlock device does not apply to the operation
7    of an occupational vehicle owned or leased by that
8    person's employer when used solely for employment
9    purposes. For any person who, within a 5-year period, is
10    convicted of a second or subsequent offense under Section
11    11-501 of this Code, or a similar provision of a local
12    ordinance or similar out-of-state offense, this employment
13    exemption does not apply until either a one-year period
14    has elapsed during which that person had his or her
15    driving privileges revoked or a one-year period has
16    elapsed during which that person had a restricted driving
17    permit which required the use of an ignition interlock
18    device on every motor vehicle owned or operated by that
19    person.
20        (E) In each case the Secretary may issue a restricted
21    driving permit for a period deemed appropriate, except
22    that all permits shall expire no later than 2 years from
23    the date of issuance. A restricted driving permit issued
24    under this Section shall be subject to cancellation,
25    revocation, and suspension by the Secretary of State in
26    like manner and for like cause as a driver's license

 

 

HB3150- 95 -LRB103 28611 RLC 54992 b

1    issued under this Code may be cancelled, revoked, or
2    suspended; except that a conviction upon one or more
3    offenses against laws or ordinances regulating the
4    movement of traffic shall be deemed sufficient cause for
5    the revocation, suspension, or cancellation of a
6    restricted driving permit. The Secretary of State may, as
7    a condition to the issuance of a restricted driving
8    permit, require the applicant to participate in a
9    designated driver remedial or rehabilitative program. The
10    Secretary of State is authorized to cancel a restricted
11    driving permit if the permit holder does not successfully
12    complete the program.
13        (F) A person subject to the provisions of paragraph 4
14    of subsection (b) of Section 6-208 of this Code may make
15    application for a restricted driving permit at a hearing
16    conducted under Section 2-118 of this Code after the
17    expiration of 5 years from the effective date of the most
18    recent revocation or after 5 years from the date of
19    release from a period of imprisonment resulting from a
20    conviction of the most recent offense, whichever is later,
21    provided the person, in addition to all other requirements
22    of the Secretary, shows by clear and convincing evidence:
23            (i) a minimum of 3 years of uninterrupted
24        abstinence from alcohol and the unlawful use or
25        consumption of cannabis under the Cannabis Control
26        Act, a controlled substance under the Illinois

 

 

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1        Controlled Substances Act, an intoxicating compound
2        under the Use of Intoxicating Compounds Act, or
3        methamphetamine under the Methamphetamine Control and
4        Community Protection Act; and
5            (ii) the successful completion of any
6        rehabilitative treatment and involvement in any
7        ongoing rehabilitative activity that may be
8        recommended by a properly licensed service provider
9        according to an assessment of the person's alcohol or
10        drug use under Section 11-501.01 of this Code.
11        In determining whether an applicant is eligible for a
12    restricted driving permit under this subparagraph (F), the
13    Secretary may consider any relevant evidence, including,
14    but not limited to, testimony, affidavits, records, and
15    the results of regular alcohol or drug tests. Persons
16    subject to the provisions of paragraph 4 of subsection (b)
17    of Section 6-208 of this Code and who have been convicted
18    of more than one violation of paragraph (3), paragraph
19    (4), or paragraph (5) of subsection (a) of Section 11-501
20    of this Code shall not be eligible to apply for a
21    restricted driving permit under this subparagraph (F).
22        A restricted driving permit issued under this
23    subparagraph (F) shall provide that the holder may only
24    operate motor vehicles equipped with an ignition interlock
25    device as required under paragraph (2) of subsection (c)
26    of Section 6-205 of this Code and subparagraph (A) of

 

 

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1    paragraph 3 of subsection (c) of this Section. The
2    Secretary may revoke a restricted driving permit or amend
3    the conditions of a restricted driving permit issued under
4    this subparagraph (F) if the holder operates a vehicle
5    that is not equipped with an ignition interlock device, or
6    for any other reason authorized under this Code.
7        A restricted driving permit issued under this
8    subparagraph (F) shall be revoked, and the holder barred
9    from applying for or being issued a restricted driving
10    permit in the future, if the holder is convicted of a
11    violation of Section 11-501 of this Code, a similar
12    provision of a local ordinance, or a similar offense in
13    another state.
14    (c-3) In the case of a suspension under paragraph 43 of
15subsection (a), reports received by the Secretary of State
16under this Section shall, except during the actual time the
17suspension is in effect, be privileged information and for use
18only by the courts, police officers, prosecuting authorities,
19the driver licensing administrator of any other state, the
20Secretary of State, or the parent or legal guardian of a driver
21under the age of 18. However, beginning January 1, 2008, if the
22person is a CDL holder, the suspension shall also be made
23available to the driver licensing administrator of any other
24state, the U.S. Department of Transportation, and the affected
25driver or motor carrier or prospective motor carrier upon
26request.

 

 

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1    (c-4) In the case of a suspension under paragraph 43 of
2subsection (a), the Secretary of State shall notify the person
3by mail that his or her driving privileges and driver's
4license will be suspended one month after the date of the
5mailing of the notice.
6    (c-5) The Secretary of State may, as a condition of the
7reissuance of a driver's license or permit to an applicant
8whose driver's license or permit has been suspended before he
9or she reached the age of 21 years pursuant to any of the
10provisions of this Section, require the applicant to
11participate in a driver remedial education course and be
12retested under Section 6-109 of this Code.
13    (d) This Section is subject to the provisions of the
14Driver License Compact.
15    (e) The Secretary of State shall not issue a restricted
16driving permit to a person under the age of 16 years whose
17driving privileges have been suspended or revoked under any
18provisions of this Code.
19    (f) In accordance with 49 CFR 384, the Secretary of State
20may not issue a restricted driving permit for the operation of
21a commercial motor vehicle to a person holding a CDL whose
22driving privileges have been suspended, revoked, cancelled, or
23disqualified under any provisions of this Code.
24(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
25101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
268-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,

 

 

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1eff. 5-13-22; revised 12-14-22.)
 
2    (Text of Section after amendment by P.A. 102-982)
3    Sec. 6-206. Discretionary authority to suspend or revoke
4license or permit; right to a hearing.
5    (a) The Secretary of State is authorized to suspend or
6revoke the driving privileges of any person without
7preliminary hearing upon a showing of the person's records or
8other sufficient evidence that the person:
9        1. Has committed an offense for which mandatory
10    revocation of a driver's license or permit is required
11    upon conviction;
12        2. Has been convicted of not less than 3 offenses
13    against traffic regulations governing the movement of
14    vehicles committed within any 12-month period. No
15    revocation or suspension shall be entered more than 6
16    months after the date of last conviction;
17        3. Has been repeatedly involved as a driver in motor
18    vehicle collisions or has been repeatedly convicted of
19    offenses against laws and ordinances regulating the
20    movement of traffic, to a degree that indicates lack of
21    ability to exercise ordinary and reasonable care in the
22    safe operation of a motor vehicle or disrespect for the
23    traffic laws and the safety of other persons upon the
24    highway;
25        4. Has by the unlawful operation of a motor vehicle

 

 

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1    caused or contributed to a crash resulting in injury
2    requiring immediate professional treatment in a medical
3    facility or doctor's office to any person, except that any
4    suspension or revocation imposed by the Secretary of State
5    under the provisions of this subsection shall start no
6    later than 6 months after being convicted of violating a
7    law or ordinance regulating the movement of traffic, which
8    violation is related to the crash, or shall start not more
9    than one year after the date of the crash, whichever date
10    occurs later;
11        5. Has permitted an unlawful or fraudulent use of a
12    driver's license, identification card, or permit;
13        6. Has been lawfully convicted of an offense or
14    offenses in another state, including the authorization
15    contained in Section 6-203.1, which if committed within
16    this State would be grounds for suspension or revocation;
17        7. Has refused or failed to submit to an examination
18    provided for by Section 6-207 or has failed to pass the
19    examination;
20        8. Is ineligible for a driver's license or permit
21    under the provisions of Section 6-103;
22        9. Has made a false statement or knowingly concealed a
23    material fact or has used false information or
24    identification in any application for a license,
25    identification card, or permit;
26        10. Has possessed, displayed, or attempted to

 

 

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1    fraudulently use any license, identification card, or
2    permit not issued to the person;
3        11. Has operated a motor vehicle upon a highway of
4    this State when the person's driving privilege or
5    privilege to obtain a driver's license or permit was
6    revoked or suspended unless the operation was authorized
7    by a monitoring device driving permit, judicial driving
8    permit issued prior to January 1, 2009, probationary
9    license to drive, or restricted driving permit issued
10    under this Code;
11        12. Has submitted to any portion of the application
12    process for another person or has obtained the services of
13    another person to submit to any portion of the application
14    process for the purpose of obtaining a license,
15    identification card, or permit for some other person;
16        13. Has operated a motor vehicle upon a highway of
17    this State when the person's driver's license or permit
18    was invalid under the provisions of Sections 6-107.1 and
19    6-110;
20        14. Has committed a violation of Section 6-301,
21    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
22    14B of the Illinois Identification Card Act or a similar
23    offense in another state if, at the time of the offense,
24    the person held an Illinois driver's license or
25    identification card;
26        15. Has been convicted of violating Section 21-2 of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012
2    relating to criminal trespass to vehicles if the person
3    exercised actual physical control over the vehicle during
4    the commission of the offense, in which case the
5    suspension shall be for one year;
6        16. Has been convicted of violating Section 11-204 of
7    this Code relating to fleeing from a peace officer;
8        17. Has refused to submit to a test, or tests, as
9    required under Section 11-501.1 of this Code and the
10    person has not sought a hearing as provided for in Section
11    11-501.1;
12        18. (Blank);
13        19. Has committed a violation of paragraph (a) or (b)
14    of Section 6-101 relating to driving without a driver's
15    license;
16        20. Has been convicted of violating Section 6-104
17    relating to classification of driver's license;
18        21. Has been convicted of violating Section 11-402 of
19    this Code relating to leaving the scene of a crash
20    resulting in damage to a vehicle in excess of $1,000, in
21    which case the suspension shall be for one year;
22        22. Has used a motor vehicle in violating paragraph
23    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
24    the Criminal Code of 1961 or the Criminal Code of 2012
25    relating to unlawful use of weapons, in which case the
26    suspension shall be for one year;

 

 

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1        23. Has, as a driver, been convicted of committing a
2    violation of paragraph (a) of Section 11-502 of this Code
3    for a second or subsequent time within one year of a
4    similar violation;
5        24. Has been convicted by a court-martial or punished
6    by non-judicial punishment by military authorities of the
7    United States at a military installation in Illinois or in
8    another state of or for a traffic-related offense that is
9    the same as or similar to an offense specified under
10    Section 6-205 or 6-206 of this Code;
11        25. Has permitted any form of identification to be
12    used by another in the application process in order to
13    obtain or attempt to obtain a license, identification
14    card, or permit;
15        26. Has altered or attempted to alter a license or has
16    possessed an altered license, identification card, or
17    permit;
18        27. (Blank);
19        28. Has been convicted for a first time of the illegal
20    possession, while operating or in actual physical control,
21    as a driver, of a motor vehicle, of any controlled
22    substance prohibited under the Illinois Controlled
23    Substances Act, any cannabis prohibited under the Cannabis
24    Control Act, or any methamphetamine prohibited under the
25    Methamphetamine Control and Community Protection Act, in
26    which case the person's driving privileges shall be

 

 

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1    suspended for one year. Any defendant found guilty of this
2    offense while operating a motor vehicle shall have an
3    entry made in the court record by the presiding judge that
4    this offense did occur while the defendant was operating a
5    motor vehicle and order the clerk of the court to report
6    the violation to the Secretary of State;
7        29. Has been convicted of the following offenses that
8    were committed while the person was operating or in actual
9    physical control, as a driver, of a motor vehicle:
10    criminal sexual assault, predatory criminal sexual assault
11    of a child, aggravated criminal sexual assault, criminal
12    sexual abuse, aggravated criminal sexual abuse, juvenile
13    pimping, soliciting for a sexually exploited child
14    juvenile prostitute, promoting commercial sexual
15    exploitation of a child juvenile prostitution as described
16    in subdivision (a)(1), (a)(2), or (a)(3) of Section
17    11-14.4 of the Criminal Code of 1961 or the Criminal Code
18    of 2012, and the manufacture, sale or delivery of
19    controlled substances or instruments used for illegal drug
20    use or abuse in which case the driver's driving privileges
21    shall be suspended for one year;
22        30. Has been convicted a second or subsequent time for
23    any combination of the offenses named in paragraph 29 of
24    this subsection, in which case the person's driving
25    privileges shall be suspended for 5 years;
26        31. Has refused to submit to a test as required by

 

 

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1    Section 11-501.6 of this Code or Section 5-16c of the Boat
2    Registration and Safety Act or has submitted to a test
3    resulting in an alcohol concentration of 0.08 or more or
4    any amount of a drug, substance, or compound resulting
5    from the unlawful use or consumption of cannabis as listed
6    in the Cannabis Control Act, a controlled substance as
7    listed in the Illinois Controlled Substances Act, an
8    intoxicating compound as listed in the Use of Intoxicating
9    Compounds Act, or methamphetamine as listed in the
10    Methamphetamine Control and Community Protection Act, in
11    which case the penalty shall be as prescribed in Section
12    6-208.1;
13        32. Has been convicted of Section 24-1.2 of the
14    Criminal Code of 1961 or the Criminal Code of 2012
15    relating to the aggravated discharge of a firearm if the
16    offender was located in a motor vehicle at the time the
17    firearm was discharged, in which case the suspension shall
18    be for 3 years;
19        33. Has as a driver, who was less than 21 years of age
20    on the date of the offense, been convicted a first time of
21    a violation of paragraph (a) of Section 11-502 of this
22    Code or a similar provision of a local ordinance;
23        34. Has committed a violation of Section 11-1301.5 of
24    this Code or a similar provision of a local ordinance;
25        35. Has committed a violation of Section 11-1301.6 of
26    this Code or a similar provision of a local ordinance;

 

 

HB3150- 106 -LRB103 28611 RLC 54992 b

1        36. Is under the age of 21 years at the time of arrest
2    and has been convicted of not less than 2 offenses against
3    traffic regulations governing the movement of vehicles
4    committed within any 24-month period. No revocation or
5    suspension shall be entered more than 6 months after the
6    date of last conviction;
7        37. Has committed a violation of subsection (c) of
8    Section 11-907 of this Code that resulted in damage to the
9    property of another or the death or injury of another;
10        38. Has been convicted of a violation of Section 6-20
11    of the Liquor Control Act of 1934 or a similar provision of
12    a local ordinance and the person was an occupant of a motor
13    vehicle at the time of the violation;
14        39. Has committed a second or subsequent violation of
15    Section 11-1201 of this Code;
16        40. Has committed a violation of subsection (a-1) of
17    Section 11-908 of this Code;
18        41. Has committed a second or subsequent violation of
19    Section 11-605.1 of this Code, a similar provision of a
20    local ordinance, or a similar violation in any other state
21    within 2 years of the date of the previous violation, in
22    which case the suspension shall be for 90 days;
23        42. Has committed a violation of subsection (a-1) of
24    Section 11-1301.3 of this Code or a similar provision of a
25    local ordinance;
26        43. Has received a disposition of court supervision

 

 

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1    for a violation of subsection (a), (d), or (e) of Section
2    6-20 of the Liquor Control Act of 1934 or a similar
3    provision of a local ordinance and the person was an
4    occupant of a motor vehicle at the time of the violation,
5    in which case the suspension shall be for a period of 3
6    months;
7        44. Is under the age of 21 years at the time of arrest
8    and has been convicted of an offense against traffic
9    regulations governing the movement of vehicles after
10    having previously had his or her driving privileges
11    suspended or revoked pursuant to subparagraph 36 of this
12    Section;
13        45. Has, in connection with or during the course of a
14    formal hearing conducted under Section 2-118 of this Code:
15    (i) committed perjury; (ii) submitted fraudulent or
16    falsified documents; (iii) submitted documents that have
17    been materially altered; or (iv) submitted, as his or her
18    own, documents that were in fact prepared or composed for
19    another person;
20        46. Has committed a violation of subsection (j) of
21    Section 3-413 of this Code;
22        47. Has committed a violation of subsection (a) of
23    Section 11-502.1 of this Code;
24        48. Has submitted a falsified or altered medical
25    examiner's certificate to the Secretary of State or
26    provided false information to obtain a medical examiner's

 

 

HB3150- 108 -LRB103 28611 RLC 54992 b

1    certificate;
2        49. Has been convicted of a violation of Section
3    11-1002 or 11-1002.5 that resulted in a Type A injury to
4    another, in which case the driving privileges of the
5    person shall be suspended for 12 months;
6        50. Has committed a violation of subsection (b-5) of
7    Section 12-610.2 that resulted in great bodily harm,
8    permanent disability, or disfigurement, in which case the
9    driving privileges of the person shall be suspended for 12
10    months;
11        51. Has committed a violation of Section 10-15 Of the
12    Cannabis Regulation and Tax Act or a similar provision of
13    a local ordinance while in a motor vehicle; or
14        52. Has committed a violation of subsection (b) of
15    Section 10-20 of the Cannabis Regulation and Tax Act or a
16    similar provision of a local ordinance.
17    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
18and 27 of this subsection, license means any driver's license,
19any traffic ticket issued when the person's driver's license
20is deposited in lieu of bail, a suspension notice issued by the
21Secretary of State, a duplicate or corrected driver's license,
22a probationary driver's license, or a temporary driver's
23license.
24    (b) If any conviction forming the basis of a suspension or
25revocation authorized under this Section is appealed, the
26Secretary of State may rescind or withhold the entry of the

 

 

HB3150- 109 -LRB103 28611 RLC 54992 b

1order of suspension or revocation, as the case may be,
2provided that a certified copy of a stay order of a court is
3filed with the Secretary of State. If the conviction is
4affirmed on appeal, the date of the conviction shall relate
5back to the time the original judgment of conviction was
6entered and the 6-month limitation prescribed shall not apply.
7    (c) 1. Upon suspending or revoking the driver's license or
8permit of any person as authorized in this Section, the
9Secretary of State shall immediately notify the person in
10writing of the revocation or suspension. The notice to be
11deposited in the United States mail, postage prepaid, to the
12last known address of the person.
13    2. If the Secretary of State suspends the driver's license
14of a person under subsection 2 of paragraph (a) of this
15Section, a person's privilege to operate a vehicle as an
16occupation shall not be suspended, provided an affidavit is
17properly completed, the appropriate fee received, and a permit
18issued prior to the effective date of the suspension, unless 5
19offenses were committed, at least 2 of which occurred while
20operating a commercial vehicle in connection with the driver's
21regular occupation. All other driving privileges shall be
22suspended by the Secretary of State. Any driver prior to
23operating a vehicle for occupational purposes only must submit
24the affidavit on forms to be provided by the Secretary of State
25setting forth the facts of the person's occupation. The
26affidavit shall also state the number of offenses committed

 

 

HB3150- 110 -LRB103 28611 RLC 54992 b

1while operating a vehicle in connection with the driver's
2regular occupation. The affidavit shall be accompanied by the
3driver's license. Upon receipt of a properly completed
4affidavit, the Secretary of State shall issue the driver a
5permit to operate a vehicle in connection with the driver's
6regular occupation only. Unless the permit is issued by the
7Secretary of State prior to the date of suspension, the
8privilege to drive any motor vehicle shall be suspended as set
9forth in the notice that was mailed under this Section. If an
10affidavit is received subsequent to the effective date of this
11suspension, a permit may be issued for the remainder of the
12suspension period.
13    The provisions of this subparagraph shall not apply to any
14driver required to possess a CDL for the purpose of operating a
15commercial motor vehicle.
16    Any person who falsely states any fact in the affidavit
17required herein shall be guilty of perjury under Section 6-302
18and upon conviction thereof shall have all driving privileges
19revoked without further rights.
20    3. At the conclusion of a hearing under Section 2-118 of
21this Code, the Secretary of State shall either rescind or
22continue an order of revocation or shall substitute an order
23of suspension; or, good cause appearing therefor, rescind,
24continue, change, or extend the order of suspension. If the
25Secretary of State does not rescind the order, the Secretary
26may upon application, to relieve undue hardship (as defined by

 

 

HB3150- 111 -LRB103 28611 RLC 54992 b

1the rules of the Secretary of State), issue a restricted
2driving permit granting the privilege of driving a motor
3vehicle between the petitioner's residence and petitioner's
4place of employment or within the scope of the petitioner's
5employment-related duties, or to allow the petitioner to
6transport himself or herself, or a family member of the
7petitioner's household to a medical facility, to receive
8necessary medical care, to allow the petitioner to transport
9himself or herself to and from alcohol or drug remedial or
10rehabilitative activity recommended by a licensed service
11provider, or to allow the petitioner to transport himself or
12herself or a family member of the petitioner's household to
13classes, as a student, at an accredited educational
14institution, or to allow the petitioner to transport children,
15elderly persons, or persons with disabilities who do not hold
16driving privileges and are living in the petitioner's
17household to and from daycare. The petitioner must demonstrate
18that no alternative means of transportation is reasonably
19available and that the petitioner will not endanger the public
20safety or welfare.
21        (A) If a person's license or permit is revoked or
22    suspended due to 2 or more convictions of violating
23    Section 11-501 of this Code or a similar provision of a
24    local ordinance or a similar out-of-state offense, or
25    Section 9-3 of the Criminal Code of 1961 or the Criminal
26    Code of 2012, where the use of alcohol or other drugs is

 

 

HB3150- 112 -LRB103 28611 RLC 54992 b

1    recited as an element of the offense, or a similar
2    out-of-state offense, or a combination of these offenses,
3    arising out of separate occurrences, that person, if
4    issued a restricted driving permit, may not operate a
5    vehicle unless it has been equipped with an ignition
6    interlock device as defined in Section 1-129.1.
7        (B) If a person's license or permit is revoked or
8    suspended 2 or more times due to any combination of:
9            (i) a single conviction of violating Section
10        11-501 of this Code or a similar provision of a local
11        ordinance or a similar out-of-state offense or Section
12        9-3 of the Criminal Code of 1961 or the Criminal Code
13        of 2012, where the use of alcohol or other drugs is
14        recited as an element of the offense, or a similar
15        out-of-state offense; or
16            (ii) a statutory summary suspension or revocation
17        under Section 11-501.1; or
18            (iii) a suspension under Section 6-203.1;
19    arising out of separate occurrences; that person, if
20    issued a restricted driving permit, may not operate a
21    vehicle unless it has been equipped with an ignition
22    interlock device as defined in Section 1-129.1.
23        (B-5) If a person's license or permit is revoked or
24    suspended due to a conviction for a violation of
25    subparagraph (C) or (F) of paragraph (1) of subsection (d)
26    of Section 11-501 of this Code, or a similar provision of a

 

 

HB3150- 113 -LRB103 28611 RLC 54992 b

1    local ordinance or similar out-of-state offense, that
2    person, if issued a restricted driving permit, may not
3    operate a vehicle unless it has been equipped with an
4    ignition interlock device as defined in Section 1-129.1.
5        (C) The person issued a permit conditioned upon the
6    use of an ignition interlock device must pay to the
7    Secretary of State DUI Administration Fund an amount not
8    to exceed $30 per month. The Secretary shall establish by
9    rule the amount and the procedures, terms, and conditions
10    relating to these fees.
11        (D) If the restricted driving permit is issued for
12    employment purposes, then the prohibition against
13    operating a motor vehicle that is not equipped with an
14    ignition interlock device does not apply to the operation
15    of an occupational vehicle owned or leased by that
16    person's employer when used solely for employment
17    purposes. For any person who, within a 5-year period, is
18    convicted of a second or subsequent offense under Section
19    11-501 of this Code, or a similar provision of a local
20    ordinance or similar out-of-state offense, this employment
21    exemption does not apply until either a one-year period
22    has elapsed during which that person had his or her
23    driving privileges revoked or a one-year period has
24    elapsed during which that person had a restricted driving
25    permit which required the use of an ignition interlock
26    device on every motor vehicle owned or operated by that

 

 

HB3150- 114 -LRB103 28611 RLC 54992 b

1    person.
2        (E) In each case the Secretary may issue a restricted
3    driving permit for a period deemed appropriate, except
4    that all permits shall expire no later than 2 years from
5    the date of issuance. A restricted driving permit issued
6    under this Section shall be subject to cancellation,
7    revocation, and suspension by the Secretary of State in
8    like manner and for like cause as a driver's license
9    issued under this Code may be cancelled, revoked, or
10    suspended; except that a conviction upon one or more
11    offenses against laws or ordinances regulating the
12    movement of traffic shall be deemed sufficient cause for
13    the revocation, suspension, or cancellation of a
14    restricted driving permit. The Secretary of State may, as
15    a condition to the issuance of a restricted driving
16    permit, require the applicant to participate in a
17    designated driver remedial or rehabilitative program. The
18    Secretary of State is authorized to cancel a restricted
19    driving permit if the permit holder does not successfully
20    complete the program.
21        (F) A person subject to the provisions of paragraph 4
22    of subsection (b) of Section 6-208 of this Code may make
23    application for a restricted driving permit at a hearing
24    conducted under Section 2-118 of this Code after the
25    expiration of 5 years from the effective date of the most
26    recent revocation or after 5 years from the date of

 

 

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1    release from a period of imprisonment resulting from a
2    conviction of the most recent offense, whichever is later,
3    provided the person, in addition to all other requirements
4    of the Secretary, shows by clear and convincing evidence:
5            (i) a minimum of 3 years of uninterrupted
6        abstinence from alcohol and the unlawful use or
7        consumption of cannabis under the Cannabis Control
8        Act, a controlled substance under the Illinois
9        Controlled Substances Act, an intoxicating compound
10        under the Use of Intoxicating Compounds Act, or
11        methamphetamine under the Methamphetamine Control and
12        Community Protection Act; and
13            (ii) the successful completion of any
14        rehabilitative treatment and involvement in any
15        ongoing rehabilitative activity that may be
16        recommended by a properly licensed service provider
17        according to an assessment of the person's alcohol or
18        drug use under Section 11-501.01 of this Code.
19        In determining whether an applicant is eligible for a
20    restricted driving permit under this subparagraph (F), the
21    Secretary may consider any relevant evidence, including,
22    but not limited to, testimony, affidavits, records, and
23    the results of regular alcohol or drug tests. Persons
24    subject to the provisions of paragraph 4 of subsection (b)
25    of Section 6-208 of this Code and who have been convicted
26    of more than one violation of paragraph (3), paragraph

 

 

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1    (4), or paragraph (5) of subsection (a) of Section 11-501
2    of this Code shall not be eligible to apply for a
3    restricted driving permit under this subparagraph (F).
4        A restricted driving permit issued under this
5    subparagraph (F) shall provide that the holder may only
6    operate motor vehicles equipped with an ignition interlock
7    device as required under paragraph (2) of subsection (c)
8    of Section 6-205 of this Code and subparagraph (A) of
9    paragraph 3 of subsection (c) of this Section. The
10    Secretary may revoke a restricted driving permit or amend
11    the conditions of a restricted driving permit issued under
12    this subparagraph (F) if the holder operates a vehicle
13    that is not equipped with an ignition interlock device, or
14    for any other reason authorized under this Code.
15        A restricted driving permit issued under this
16    subparagraph (F) shall be revoked, and the holder barred
17    from applying for or being issued a restricted driving
18    permit in the future, if the holder is convicted of a
19    violation of Section 11-501 of this Code, a similar
20    provision of a local ordinance, or a similar offense in
21    another state.
22    (c-3) In the case of a suspension under paragraph 43 of
23subsection (a), reports received by the Secretary of State
24under this Section shall, except during the actual time the
25suspension is in effect, be privileged information and for use
26only by the courts, police officers, prosecuting authorities,

 

 

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1the driver licensing administrator of any other state, the
2Secretary of State, or the parent or legal guardian of a driver
3under the age of 18. However, beginning January 1, 2008, if the
4person is a CDL holder, the suspension shall also be made
5available to the driver licensing administrator of any other
6state, the U.S. Department of Transportation, and the affected
7driver or motor carrier or prospective motor carrier upon
8request.
9    (c-4) In the case of a suspension under paragraph 43 of
10subsection (a), the Secretary of State shall notify the person
11by mail that his or her driving privileges and driver's
12license will be suspended one month after the date of the
13mailing of the notice.
14    (c-5) The Secretary of State may, as a condition of the
15reissuance of a driver's license or permit to an applicant
16whose driver's license or permit has been suspended before he
17or she reached the age of 21 years pursuant to any of the
18provisions of this Section, require the applicant to
19participate in a driver remedial education course and be
20retested under Section 6-109 of this Code.
21    (d) This Section is subject to the provisions of the
22Driver License Compact.
23    (e) The Secretary of State shall not issue a restricted
24driving permit to a person under the age of 16 years whose
25driving privileges have been suspended or revoked under any
26provisions of this Code.

 

 

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1    (f) In accordance with 49 CFR 384, the Secretary of State
2may not issue a restricted driving permit for the operation of
3a commercial motor vehicle to a person holding a CDL whose
4driving privileges have been suspended, revoked, cancelled, or
5disqualified under any provisions of this Code.
6(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
7101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
88-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
9eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
 
10    Section 50. The Juvenile Court Act of 1987 is amended by
11changing Section 2-3 as follows:
 
12    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
13    Sec. 2-3. Neglected or abused minor.
14    (1) Those who are neglected include:
15        (a) any minor under 18 years of age or a minor 18 years
16    of age or older for whom the court has made a finding of
17    probable cause to believe that the minor is abused,
18    neglected, or dependent under subsection (1) of Section
19    2-10 prior to the minor's 18th birthday who is not
20    receiving the proper or necessary support, education as
21    required by law, or medical or other remedial care
22    recognized under State law as necessary for a minor's
23    well-being, or other care necessary for his or her
24    well-being, including adequate food, clothing and shelter,

 

 

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1    or who is abandoned by his or her parent or parents or
2    other person or persons responsible for the minor's
3    welfare, except that a minor shall not be considered
4    neglected for the sole reason that the minor's parent or
5    parents or other person or persons responsible for the
6    minor's welfare have left the minor in the care of an adult
7    relative for any period of time, who the parent or parents
8    or other person responsible for the minor's welfare know
9    is both a mentally capable adult relative and physically
10    capable adult relative, as defined by this Act; or
11        (b) any minor under 18 years of age or a minor 18 years
12    of age or older for whom the court has made a finding of
13    probable cause to believe that the minor is abused,
14    neglected, or dependent under subsection (1) of Section
15    2-10 prior to the minor's 18th birthday whose environment
16    is injurious to his or her welfare; or
17        (c) any newborn infant whose blood, urine, or meconium
18    contains any amount of a controlled substance as defined
19    in subsection (f) of Section 102 of the Illinois
20    Controlled Substances Act, as now or hereafter amended, or
21    a metabolite of a controlled substance, with the exception
22    of controlled substances or metabolites of such
23    substances, the presence of which in the newborn infant is
24    the result of medical treatment administered to the mother
25    or the newborn infant; or
26        (d) any minor under the age of 14 years whose parent or

 

 

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1    other person responsible for the minor's welfare leaves
2    the minor without supervision for an unreasonable period
3    of time without regard for the mental or physical health,
4    safety, or welfare of that minor; or
5        (e) any minor who has been provided with interim
6    crisis intervention services under Section 3-5 of this Act
7    and whose parent, guardian, or custodian refuses to permit
8    the minor to return home unless the minor is an immediate
9    physical danger to himself, herself, or others living in
10    the home.
11    Whether the minor was left without regard for the mental
12or physical health, safety, or welfare of that minor or the
13period of time was unreasonable shall be determined by
14considering the following factors, including but not limited
15to:
16        (1) the age of the minor;
17        (2) the number of minors left at the location;
18        (3) special needs of the minor, including whether the
19    minor is a person with a physical or mental disability, or
20    otherwise in need of ongoing prescribed medical treatment
21    such as periodic doses of insulin or other medications;
22        (4) the duration of time in which the minor was left
23    without supervision;
24        (5) the condition and location of the place where the
25    minor was left without supervision;
26        (6) the time of day or night when the minor was left

 

 

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1    without supervision;
2        (7) the weather conditions, including whether the
3    minor was left in a location with adequate protection from
4    the natural elements such as adequate heat or light;
5        (8) the location of the parent or guardian at the time
6    the minor was left without supervision, the physical
7    distance the minor was from the parent or guardian at the
8    time the minor was without supervision;
9        (9) whether the minor's movement was restricted, or
10    the minor was otherwise locked within a room or other
11    structure;
12        (10) whether the minor was given a phone number of a
13    person or location to call in the event of an emergency and
14    whether the minor was capable of making an emergency call;
15        (11) whether there was food and other provision left
16    for the minor;
17        (12) whether any of the conduct is attributable to
18    economic hardship or illness and the parent, guardian or
19    other person having physical custody or control of the
20    child made a good faith effort to provide for the health
21    and safety of the minor;
22        (13) the age and physical and mental capabilities of
23    the person or persons who provided supervision for the
24    minor;
25        (14) whether the minor was left under the supervision
26    of another person;

 

 

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1        (15) any other factor that would endanger the health
2    and safety of that particular minor.
3    A minor shall not be considered neglected for the sole
4reason that the minor has been relinquished in accordance with
5the Abandoned Newborn Infant Protection Act.
6    (2) Those who are abused include any minor under 18 years
7of age or a minor 18 years of age or older for whom the court
8has made a finding of probable cause to believe that the minor
9is abused, neglected, or dependent under subsection (1) of
10Section 2-10 prior to the minor's 18th birthday whose parent
11or immediate family member, or any person responsible for the
12minor's welfare, or any person who is in the same family or
13household as the minor, or any individual residing in the same
14home as the minor, or a paramour of the minor's parent:
15        (i) inflicts, causes to be inflicted, or allows to be
16    inflicted upon such minor physical injury, by other than
17    accidental means, which causes death, disfigurement,
18    impairment of physical or emotional health, or loss or
19    impairment of any bodily function;
20        (ii) creates a substantial risk of physical injury to
21    such minor by other than accidental means which would be
22    likely to cause death, disfigurement, impairment of
23    emotional health, or loss or impairment of any bodily
24    function;
25        (iii) commits or allows to be committed any sex
26    offense against such minor, as such sex offenses are

 

 

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1    defined in the Criminal Code of 1961 or the Criminal Code
2    of 2012, or in the Wrongs to Children Act, and extending
3    those definitions of sex offenses to include minors under
4    18 years of age;
5        (iv) commits or allows to be committed an act or acts
6    of torture upon such minor;
7        (v) inflicts excessive corporal punishment;
8        (vi) commits or allows to be committed the offense of
9    involuntary servitude, involuntary sexual servitude of a
10    minor, or trafficking in persons as defined in Section
11    10-9 of the Criminal Code of 1961 or the Criminal Code of
12    2012, upon such minor; or
13        (vii) allows, encourages or requires a minor to commit
14    any act of commercial sexual activity prostitution, as
15    defined in the Criminal Code of 1961 or the Criminal Code
16    of 2012, and extending those definitions to include minors
17    under 18 years of age.
18    A minor shall not be considered abused for the sole reason
19that the minor has been relinquished in accordance with the
20Abandoned Newborn Infant Protection Act.
21    (3) This Section does not apply to a minor who would be
22included herein solely for the purpose of qualifying for
23financial assistance for himself, his parents, guardian or
24custodian.
25    (4) The changes made by this amendatory Act of the 101st
26General Assembly apply to a case that is pending on or after

 

 

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1the effective date of this amendatory Act of the 101st General
2Assembly.
3(Source: P.A. 101-79, eff. 7-12-19.)
 
4    Section 55. The Criminal Code of 2012 is amended by
5changing Sections 1-6, 3-6, 8-2, 10-9, 11-0.1, 11-9.1A,
611-9.3, 11-14, 11-14.1, 11-14.3, 11-14.4, 11-18, 11-18.1,
714-3, 33G-3, and 36-1 and the heading of subdivision 15 of
8Article 11 as follows:
 
9    (720 ILCS 5/1-6)  (from Ch. 38, par. 1-6)
10    Sec. 1-6. Place of trial.
11    (a) Generally.
12    Criminal actions shall be tried in the county where the
13offense was committed, except as otherwise provided by law.
14The State is not required to prove during trial that the
15alleged offense occurred in any particular county in this
16State. When a defendant contests the place of trial under this
17Section, all proceedings regarding this issue shall be
18conducted under Section 114-1 of the Code of Criminal
19Procedure of 1963. All objections of improper place of trial
20are waived by a defendant unless made before trial.
21    (b) Assailant and Victim in Different Counties.
22    If a person committing an offense upon the person of
23another is located in one county and his victim is located in
24another county at the time of the commission of the offense,

 

 

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1trial may be had in either of said counties.
2    (c) Death and Cause of Death in Different Places or
3Undetermined.
4    If cause of death is inflicted in one county and death
5ensues in another county, the offender may be tried in either
6county. If neither the county in which the cause of death was
7inflicted nor the county in which death ensued are known
8before trial, the offender may be tried in the county where the
9body was found.
10    (d) Offense Commenced Outside the State.
11    If the commission of an offense commenced outside the
12State is consummated within this State, the offender shall be
13tried in the county where the offense is consummated.
14    (e) Offenses Committed in Bordering Navigable Waters.
15    If an offense is committed on any of the navigable waters
16bordering on this State, the offender may be tried in any
17county adjacent to such navigable water.
18    (f) Offenses Committed while in Transit.
19    If an offense is committed upon any railroad car, vehicle,
20watercraft or aircraft passing within this State, and it
21cannot readily be determined in which county the offense was
22committed, the offender may be tried in any county through
23which such railroad car, vehicle, watercraft or aircraft has
24passed.
25    (g) Theft.
26    A person who commits theft of property may be tried in any

 

 

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1county in which he exerted control over such property.
2    (h) Bigamy.
3    A person who commits the offense of bigamy may be tried in
4any county where the bigamous marriage or bigamous
5cohabitation has occurred.
6    (i) Kidnaping.
7    A person who commits the offense of kidnaping may be tried
8in any county in which his victim has traveled or has been
9confined during the course of the offense.
10    (j) Pandering.
11    A person who commits the offense of pandering as set forth
12in subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 may
13be tried in any county in which the commercial sexual activity
14prostitution was practiced or in any county in which any act in
15furtherance of the offense shall have been committed.
16    (k) Treason.
17    A person who commits the offense of treason may be tried in
18any county.
19    (l) Criminal Defamation.
20    If criminal defamation is spoken, printed or written in
21one county and is received or circulated in another or other
22counties, the offender shall be tried in the county where the
23defamation is spoken, printed or written. If the defamation is
24spoken, printed or written outside this state, or the offender
25resides outside this state, the offender may be tried in any
26county in this state in which the defamation was circulated or

 

 

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1received.
2    (m) Inchoate Offenses.
3    A person who commits an inchoate offense may be tried in
4any county in which any act which is an element of the offense,
5including the agreement in conspiracy, is committed.
6    (n) Accountability for Conduct of Another.
7    Where a person in one county solicits, aids, abets,
8agrees, or attempts to aid another in the planning or
9commission of an offense in another county, he may be tried for
10the offense in either county.
11    (o) Child Abduction.
12    A person who commits the offense of child abduction may be
13tried in any county in which his victim has traveled, been
14detained, concealed or removed to during the course of the
15offense. Notwithstanding the foregoing, unless for good cause
16shown, the preferred place of trial shall be the county of the
17residence of the lawful custodian.
18    (p) A person who commits the offense of narcotics
19racketeering may be tried in any county where cannabis or a
20controlled substance which is the basis for the charge of
21narcotics racketeering was used; acquired; transferred or
22distributed to, from or through; or any county where any act
23was performed to further the use; acquisition, transfer or
24distribution of said cannabis or controlled substance; any
25money, property, property interest, or any other asset
26generated by narcotics activities was acquired, used, sold,

 

 

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1transferred or distributed to, from or through; or, any
2enterprise interest obtained as a result of narcotics
3racketeering was acquired, used, transferred or distributed
4to, from or through, or where any activity was conducted by the
5enterprise or any conduct to further the interests of such an
6enterprise.
7    (q) A person who commits the offense of money laundering
8may be tried in any county where any part of a financial
9transaction in criminally derived property took place or in
10any county where any money or monetary instrument which is the
11basis for the offense was acquired, used, sold, transferred or
12distributed to, from or through.
13    (r) A person who commits the offense of cannabis
14trafficking or controlled substance trafficking may be tried
15in any county.
16    (s) A person who commits the offense of online sale of
17stolen property, online theft by deception, or electronic
18fencing may be tried in any county where any one or more
19elements of the offense took place, regardless of whether the
20element of the offense was the result of acts by the accused,
21the victim or by another person, and regardless of whether the
22defendant was ever physically present within the boundaries of
23the county.
24    (t) A person who commits the offense of identity theft or
25aggravated identity theft may be tried in any one of the
26following counties in which: (1) the offense occurred; (2) the

 

 

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1information used to commit the offense was illegally used; or
2(3) the victim resides.
3    (u) A person who commits the offense of financial
4exploitation of an elderly person or a person with a
5disability may be tried in any one of the following counties in
6which: (1) any part of the offense occurred; or (2) the victim
7or one of the victims reside.
8    If a person is charged with more than one violation of
9identity theft or aggravated identity theft and those
10violations may be tried in more than one county, any of those
11counties is a proper venue for all of the violations.
12(Source: P.A. 101-394, eff. 1-1-20.)
 
13    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
14    Sec. 3-6. Extended limitations. The period within which a
15prosecution must be commenced under the provisions of Section
163-5 or other applicable statute is extended under the
17following conditions:
18    (a) A prosecution for theft involving a breach of a
19fiduciary obligation to the aggrieved person may be commenced
20as follows:
21        (1) If the aggrieved person is a minor or a person
22    under legal disability, then during the minority or legal
23    disability or within one year after the termination
24    thereof.
25        (2) In any other instance, within one year after the

 

 

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

 

 

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1persons and related offenses under Section 10-9 of this Code
2may be commenced within 25 years after the commission of the
3offense.
4    (b-7) When the victim is under 18 years of age at the time
5of the offense, a prosecution for female genital mutilation
6may be commenced at any time.
7    (c) (Blank).
8    (d) A prosecution for child pornography, aggravated child
9pornography, indecent solicitation of a child, soliciting for
10a sexually exploited child juvenile prostitute, juvenile
11pimping, exploitation of a child, or promoting commercial
12sexual exploitation of a child juvenile prostitution except
13for keeping a place of commercial sexual exploitation of a
14child juvenile prostitution may be commenced within one year
15of the victim attaining the age of 18 years. However, in no
16such case shall the time period for prosecution expire sooner
17than 3 years after the commission of the offense.
18    (e) Except as otherwise provided in subdivision (j), a
19prosecution for any offense involving sexual conduct or sexual
20penetration, as defined in Section 11-0.1 of this Code, where
21the defendant was within a professional or fiduciary
22relationship or a purported professional or fiduciary
23relationship with the victim at the time of the commission of
24the offense may be commenced within one year after the
25discovery of the offense by the victim.
26    (f) A prosecution for any offense set forth in Section 44

 

 

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1of the Environmental Protection Act may be commenced within 5
2years after the discovery of such an offense by a person or
3agency having the legal duty to report the offense or in the
4absence of such discovery, within 5 years after the proper
5prosecuting officer becomes aware of the offense.
6    (f-5) A prosecution for any offense set forth in Section
716-30 of this Code may be commenced within 5 years after the
8discovery of the offense by the victim of that offense.
9    (g) (Blank).
10    (h) (Blank).
11    (i) Except as otherwise provided in subdivision (j), a
12prosecution for criminal sexual assault, aggravated criminal
13sexual assault, or aggravated criminal sexual abuse may be
14commenced at any time. If the victim consented to the
15collection of evidence using an Illinois State Police Sexual
16Assault Evidence Collection Kit under the Sexual Assault
17Survivors Emergency Treatment Act, it shall constitute
18reporting for purposes of this Section.
19    Nothing in this subdivision (i) shall be construed to
20shorten a period within which a prosecution must be commenced
21under any other provision of this Section.
22    (i-5) A prosecution for armed robbery, home invasion,
23kidnapping, or aggravated kidnaping may be commenced within 10
24years of the commission of the offense if it arises out of the
25same course of conduct and meets the criteria under one of the
26offenses in subsection (i) of this Section.

 

 

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1    (j) (1) When the victim is under 18 years of age at the
2time of the offense, a prosecution for criminal sexual
3assault, aggravated criminal sexual assault, predatory
4criminal sexual assault of a child, aggravated criminal sexual
5abuse, felony criminal sexual abuse, or female genital
6mutilation may be commenced at any time.
7    (2) When in circumstances other than as described in
8paragraph (1) of this subsection (j), when the victim is under
918 years of age at the time of the offense, a prosecution for
10failure of a person who is required to report an alleged or
11suspected commission of criminal sexual assault, aggravated
12criminal sexual assault, predatory criminal sexual assault of
13a child, aggravated criminal sexual abuse, or felony criminal
14sexual abuse under the Abused and Neglected Child Reporting
15Act may be commenced within 20 years after the child victim
16attains 18 years of age.
17    (3) When the victim is under 18 years of age at the time of
18the offense, a prosecution for misdemeanor criminal sexual
19abuse may be commenced within 10 years after the child victim
20attains 18 years of age.
21    (4) Nothing in this subdivision (j) shall be construed to
22shorten a period within which a prosecution must be commenced
23under any other provision of this Section.
24    (j-5) A prosecution for armed robbery, home invasion,
25kidnapping, or aggravated kidnaping may be commenced at any
26time if it arises out of the same course of conduct and meets

 

 

HB3150- 134 -LRB103 28611 RLC 54992 b

1the criteria under one of the offenses in subsection (j) of
2this Section.
3    (k) (Blank).
4    (l) A prosecution for any offense set forth in Section
526-4 of this Code may be commenced within one year after the
6discovery of the offense by the victim of that offense.
7    (l-5) A prosecution for any offense involving sexual
8conduct or sexual penetration, as defined in Section 11-0.1 of
9this Code, in which the victim was 18 years of age or older at
10the time of the offense, may be commenced within one year after
11the discovery of the offense by the victim when corroborating
12physical evidence is available. The charging document shall
13state that the statute of limitations is extended under this
14subsection (l-5) and shall state the circumstances justifying
15the extension. Nothing in this subsection (l-5) shall be
16construed to shorten a period within which a prosecution must
17be commenced under any other provision of this Section or
18Section 3-5 of this Code.
19    (m) The prosecution shall not be required to prove at
20trial facts which extend the general limitations in Section
213-5 of this Code when the facts supporting extension of the
22period of general limitations are properly pled in the
23charging document. Any challenge relating to the extension of
24the general limitations period as defined in this Section
25shall be exclusively conducted under Section 114-1 of the Code
26of Criminal Procedure of 1963.

 

 

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1    (n) A prosecution for any offense set forth in subsection
2(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
3Illinois Public Aid Code, in which the total amount of money
4involved is $5,000 or more, including the monetary value of
5food stamps and the value of commodities under Section 16-1 of
6this Code may be commenced within 5 years of the last act
7committed in furtherance of the offense.
8(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
9101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
108-20-21.)
 
11    (720 ILCS 5/8-2)  (from Ch. 38, par. 8-2)
12    Sec. 8-2. Conspiracy.
13    (a) Elements of the offense. A person commits the offense
14of conspiracy when, with intent that an offense be committed,
15he or she agrees with another to the commission of that
16offense. No person may be convicted of conspiracy to commit an
17offense unless an act in furtherance of that agreement is
18alleged and proved to have been committed by him or her or by a
19co-conspirator.
20    (b) Co-conspirators. It is not a defense to conspiracy
21that the person or persons with whom the accused is alleged to
22have conspired:
23        (1) have not been prosecuted or convicted,
24        (2) have been convicted of a different offense,
25        (3) are not amenable to justice,

 

 

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1        (4) have been acquitted, or
2        (5) lacked the capacity to commit an offense.
3    (c) Sentence.
4        (1) Except as otherwise provided in this subsection or
5    Code, a person convicted of conspiracy to commit:
6            (A) a Class X felony shall be sentenced for a Class
7        1 felony;
8            (B) a Class 1 felony shall be sentenced for a Class
9        2 felony;
10            (C) a Class 2 felony shall be sentenced for a Class
11        3 felony;
12            (D) a Class 3 felony shall be sentenced for a Class
13        4 felony;
14            (E) a Class 4 felony shall be sentenced for a Class
15        4 felony; and
16            (F) a misdemeanor may be fined or imprisoned or
17        both not to exceed the maximum provided for the
18        offense that is the object of the conspiracy.
19        (2) A person convicted of conspiracy to commit any of
20    the following offenses shall be sentenced for a Class X
21    felony:
22            (A) aggravated insurance fraud conspiracy when the
23        person is an organizer of the conspiracy (720 ILCS
24        5/46-4); or
25            (B) aggravated governmental entity insurance fraud
26        conspiracy when the person is an organizer of the

 

 

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1        conspiracy (720 ILCS 5/46-4).
2        (3) A person convicted of conspiracy to commit any of
3    the following offenses shall be sentenced for a Class 1
4    felony:
5            (A) first degree murder (720 ILCS 5/9-1); or
6            (B) aggravated insurance fraud (720 ILCS 5/46-3)
7        or aggravated governmental insurance fraud (720 ILCS
8        5/46-3).
9        (4) A person convicted of conspiracy to commit
10    insurance fraud (720 ILCS 5/46-3) or governmental entity
11    insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
12    Class 2 felony.
13        (5) A person convicted of conspiracy to commit any of
14    the following offenses shall be sentenced for a Class 3
15    felony:
16            (A) soliciting for a provider of commercial sexual
17        activity prostitute (720 ILCS 5/11-14.3(a)(1));
18            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
19        5/11-14.3(a)(2)(B));
20            (C) keeping a place of commercial sexual activity
21        prostitution (720 ILCS 5/11-14.3(a)(1));
22            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
23            (E) unlawful use of weapons under Section
24        24-1(a)(1) (720 ILCS 5/24-1(a)(1));
25            (F) unlawful use of weapons under Section
26        24-1(a)(7) (720 ILCS 5/24-1(a)(7));

 

 

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1            (G) gambling (720 ILCS 5/28-1);
2            (H) keeping a gambling place (720 ILCS 5/28-3);
3            (I) registration of federal gambling stamps
4        violation (720 ILCS 5/28-4);
5            (J) look-alike substances violation (720 ILCS
6        570/404);
7            (K) miscellaneous controlled substance violation
8        under Section 406(b) (720 ILCS 570/406(b)); or
9            (L) an inchoate offense related to any of the
10        principal offenses set forth in this item (5).
11(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
12    (720 ILCS 5/10-9)
13    Sec. 10-9. Trafficking in persons, involuntary servitude,
14and related offenses.
15    (a) Definitions. In this Section:
16    (1) "Intimidation" has the meaning prescribed in Section
1712-6.
18    (2) "Commercial sexual activity" means any sex act on
19account of which anything of value is given, promised to, or
20received by any person.
21    (2.5) "Company" means any sole proprietorship,
22organization, association, corporation, partnership, joint
23venture, limited partnership, limited liability partnership,
24limited liability limited partnership, limited liability
25company, or other entity or business association, including

 

 

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1all wholly owned subsidiaries, majority-owned subsidiaries,
2parent companies, or affiliates of those entities or business
3associations, that exist for the purpose of making profit.
4    (3) "Financial harm" includes intimidation that brings
5about financial loss, criminal usury, or employment contracts
6that violate the Frauds Act.
7    (4) (Blank).
8    (5) "Labor" means work of economic or financial value.
9    (6) "Maintain" means, in relation to labor or services, to
10secure continued performance thereof, regardless of any
11initial agreement on the part of the victim to perform that
12type of service.
13    (7) "Obtain" means, in relation to labor or services, to
14secure performance thereof.
15    (7.5) "Serious harm" means any harm, whether physical or
16nonphysical, including psychological, financial, or
17reputational harm, that is sufficiently serious, under all the
18surrounding circumstances, to compel a reasonable person of
19the same background and in the same circumstances to perform
20or to continue performing labor or services in order to avoid
21incurring that harm.
22    (8) "Services" means activities resulting from a
23relationship between a person and the actor in which the
24person performs activities under the supervision of or for the
25benefit of the actor. Commercial sexual activity and
26sexually-explicit performances are forms of activities that

 

 

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1are "services" under this Section. Nothing in this definition
2may be construed to legitimize or legalize commercial sexual
3activity prostitution.
4    (9) "Sexually-explicit performance" means a live,
5recorded, broadcast (including over the Internet), or public
6act or show intended to arouse or satisfy the sexual desires or
7appeal to the prurient interests of patrons.
8    (10) "Trafficking victim" means a person subjected to the
9practices set forth in subsection (b), (c), or (d).
10    (b) Involuntary servitude. A person commits involuntary
11servitude when he or she knowingly subjects, attempts to
12subject, or engages in a conspiracy to subject another person
13to labor or services obtained or maintained through any of the
14following means, or any combination of these means:
15        (1) causes or threatens to cause physical harm to any
16    person;
17        (2) physically restrains or threatens to physically
18    restrain another person;
19        (3) abuses or threatens to abuse the law or legal
20    process;
21        (4) knowingly destroys, conceals, removes,
22    confiscates, or possesses any actual or purported passport
23    or other immigration document, or any other actual or
24    purported government identification document, of another
25    person;
26        (5) uses intimidation, or exerts financial control

 

 

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1    over any person; or
2        (6) uses any scheme, plan, or pattern intended to
3    cause the person to believe that, if the person did not
4    perform the labor or services, that person or another
5    person would suffer serious harm or physical restraint.
6    Sentence. Except as otherwise provided in subsection (e)
7or (f), a violation of subsection (b)(1) is a Class X felony,
8(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
9is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
10    (c) Involuntary sexual servitude of a minor. A person
11commits involuntary sexual servitude of a minor when he or she
12knowingly recruits, entices, harbors, transports, provides, or
13obtains by any means, or attempts to recruit, entice, harbor,
14provide, or obtain by any means, another person under 18 years
15of age, knowing that the minor will engage in commercial
16sexual activity, a sexually-explicit performance, or the
17production of pornography, or causes or attempts to cause a
18minor to engage in one or more of those activities and:
19        (1) there is no overt force or threat and the minor is
20    between the ages of 17 and 18 years;
21        (2) there is no overt force or threat and the minor is
22    under the age of 17 years; or
23        (3) there is overt force or threat.
24    Sentence. Except as otherwise provided in subsection (e)
25or (f), a violation of subsection (c)(1) is a Class 1 felony,
26(c)(2) is a Class X felony, and (c)(3) is a Class X felony.

 

 

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1    (d) Trafficking in persons. A person commits trafficking
2in persons when he or she knowingly: (1) recruits, entices,
3harbors, transports, provides, or obtains by any means, or
4attempts to recruit, entice, harbor, transport, provide, or
5obtain by any means, another person, intending or knowing that
6the person will be subjected to involuntary servitude; or (2)
7benefits, financially or by receiving anything of value, from
8participation in a venture that has engaged in an act of
9involuntary servitude or involuntary sexual servitude of a
10minor. A company commits trafficking in persons when the
11company knowingly benefits, financially or by receiving
12anything of value, from participation in a venture that has
13engaged in an act of involuntary servitude or involuntary
14sexual servitude of a minor.
15    Sentence. Except as otherwise provided in subsection (e)
16or (f), a violation of this subsection by a person is a Class 1
17felony. A violation of this subsection by a company is a
18business offense for which a fine of up to $100,000 may be
19imposed.
20    (e) Aggravating factors. A violation of this Section
21involving kidnapping or an attempt to kidnap, aggravated
22criminal sexual assault or an attempt to commit aggravated
23criminal sexual assault, or an attempt to commit first degree
24murder is a Class X felony.
25    (f) Sentencing considerations.
26        (1) Bodily injury. If, pursuant to a violation of this

 

 

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1    Section, a victim suffered bodily injury, the defendant
2    may be sentenced to an extended-term sentence under
3    Section 5-8-2 of the Unified Code of Corrections. The
4    sentencing court must take into account the time in which
5    the victim was held in servitude, with increased penalties
6    for cases in which the victim was held for between 180 days
7    and one year, and increased penalties for cases in which
8    the victim was held for more than one year.
9        (2) Number of victims. In determining sentences within
10    statutory maximums, the sentencing court should take into
11    account the number of victims, and may provide for
12    substantially increased sentences in cases involving more
13    than 10 victims.
14    (g) Restitution. Restitution is mandatory under this
15Section. In addition to any other amount of loss identified,
16the court shall order restitution including the greater of (1)
17the gross income or value to the defendant of the victim's
18labor or services or (2) the value of the victim's labor as
19guaranteed under the Minimum Wage Law and overtime provisions
20of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
21whichever is greater.
22    (g-5) Fine distribution. If the court imposes a fine under
23subsection (b), (c), or (d) of this Section, it shall be
24collected and distributed to the Specialized Services for
25Survivors of Human Trafficking Fund in accordance with Section
265-9-1.21 of the Unified Code of Corrections.

 

 

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1    (h) Trafficking victim services. Subject to the
2availability of funds, the Department of Human Services may
3provide or fund emergency services and assistance to
4individuals who are victims of one or more offenses defined in
5this Section.
6    (i) Certification. The Attorney General, a State's
7Attorney, or any law enforcement official shall certify in
8writing to the United States Department of Justice or other
9federal agency, such as the United States Department of
10Homeland Security, that an investigation or prosecution under
11this Section has begun and the individual who is a likely
12victim of a crime described in this Section is willing to
13cooperate or is cooperating with the investigation to enable
14the individual, if eligible under federal law, to qualify for
15an appropriate special immigrant visa and to access available
16federal benefits. Cooperation with law enforcement shall not
17be required of victims of a crime described in this Section who
18are under 18 years of age. This certification shall be made
19available to the victim and his or her designated legal
20representative.
21    (j) A person who commits involuntary servitude,
22involuntary sexual servitude of a minor, or trafficking in
23persons under subsection (b), (c), or (d) of this Section is
24subject to the property forfeiture provisions set forth in
25Article 124B of the Code of Criminal Procedure of 1963.
26(Source: P.A. 101-18, eff. 1-1-20.)
 

 

 

HB3150- 145 -LRB103 28611 RLC 54992 b

1    (720 ILCS 5/11-0.1)
2    Sec. 11-0.1. Definitions. In this Article, unless the
3context clearly requires otherwise, the following terms are
4defined as indicated:
5    "Accused" means a person accused of an offense prohibited
6by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
7this Code or a person for whose conduct the accused is legally
8responsible under Article 5 of this Code.
9    "Adult obscenity or child pornography Internet site". See
10Section 11-23.
11    "Advance commercial sexual activity prostitution" means:
12        (1) Soliciting for a provider of commercial sexual
13    activity prostitute by performing any of the following
14    acts when acting other than as a provider of commercial
15    sexual activity prostitute or a patron of a provider of
16    commercial sexual activity prostitute:
17            (A) Soliciting another for the purpose of
18        commercial sexual activity prostitution.
19            (B) Arranging or offering to arrange a meeting of
20        persons for the purpose of commercial sexual activity
21        prostitution.
22            (C) Directing another to a place knowing the
23        direction is for the purpose of commercial sexual
24        activity prostitution.
25        (2) Keeping a place of commercial sexual activity

 

 

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1    prostitution by controlling or exercising control over the
2    use of any place that could offer seclusion or shelter for
3    the practice of commercial sexual activity prostitution
4    and performing any of the following acts when acting other
5    than as a provider of commercial sexual activity
6    prostitute or a patron of a provider of commercial sexual
7    activity prostitute:
8            (A) Knowingly granting or permitting the use of
9        the place for the purpose of commercial sexual
10        activity prostitution.
11            (B) Granting or permitting the use of the place
12        under circumstances from which he or she could
13        reasonably know that the place is used or is to be used
14        for purposes of commercial sexual activity
15        prostitution.
16            (C) Permitting the continued use of the place
17        after becoming aware of facts or circumstances from
18        which he or she should reasonably know that the place
19        is being used for purposes of commercial sexual
20        activity prostitution.
21    "Agency". See Section 11-9.5.
22    "Arranges". See Section 11-6.5.
23    "Bodily harm" means physical harm, and includes, but is
24not limited to, sexually transmitted disease, pregnancy, and
25impotence.
26    "Care and custody". See Section 11-9.5.

 

 

HB3150- 147 -LRB103 28611 RLC 54992 b

1    "Child care institution". See Section 11-9.3.
2    "Child pornography". See Section 11-20.1.
3    "Child sex offender". See Section 11-9.3.
4    "Community agency". See Section 11-9.5.
5    "Conditional release". See Section 11-9.2.
6    "Consent" means a freely given agreement to the act of
7sexual penetration or sexual conduct in question. Lack of
8verbal or physical resistance or submission by the victim
9resulting from the use of force or threat of force by the
10accused shall not constitute consent. The manner of dress of
11the victim at the time of the offense shall not constitute
12consent.
13    "Custody". See Section 11-9.2.
14    "Day care center". See Section 11-9.3.
15    "Depict by computer". See Section 11-20.1.
16    "Depiction by computer". See Section 11-20.1.
17    "Disseminate". See Section 11-20.1.
18    "Distribute". See Section 11-21.
19    "Family member" means a parent, grandparent, child, aunt,
20uncle, great-aunt, or great-uncle, whether by whole blood,
21half-blood, or adoption, and includes a step-grandparent,
22step-parent, or step-child. "Family member" also means, if the
23victim is a child under 18 years of age, an accused who has
24resided in the household with the child continuously for at
25least 6 months.
26    "Force or threat of force" means the use of force or

 

 

HB3150- 148 -LRB103 28611 RLC 54992 b

1violence or the threat of force or violence, including, but
2not limited to, the following situations:
3        (1) when the accused threatens to use force or
4    violence on the victim or on any other person, and the
5    victim under the circumstances reasonably believes that
6    the accused has the ability to execute that threat; or
7        (2) when the accused overcomes the victim by use of
8    superior strength or size, physical restraint, or physical
9    confinement.
10    "Harmful to minors". See Section 11-21.
11    "Loiter". See Section 9.3.
12    "Material". See Section 11-21.
13    "Minor". See Section 11-21.
14    "Nudity". See Section 11-21.
15    "Obscene". See Section 11-20.
16    "Part day child care facility". See Section 11-9.3.
17    "Penal system". See Section 11-9.2.
18    "Person responsible for the child's welfare". See Section
1911-9.1A.
20    "Person with a disability". See Section 11-9.5.
21    "Playground". See Section 11-9.3.
22    "Probation officer". See Section 11-9.2.
23    "Produce". See Section 11-20.1.
24    "Profit from commercial sexual activity prostitution"
25means, when acting other than as a provider of commercial
26sexual activity prostitute, to receive anything of value for

 

 

HB3150- 149 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 150 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 151 -LRB103 28611 RLC 54992 b

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

 

 

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1    treatment session, consultation, interview, or
2    examination;
3        (4) is a resident or inpatient of a residential
4    facility and the accused is an employee of the facility
5    who is not married to such resident or inpatient who
6    provides direct care services, case management services,
7    medical or other clinical services, habilitative services
8    or direct supervision of the residents in the facility in
9    which the resident resides; or an officer or other
10    employee, consultant, contractor or volunteer of the
11    residential facility, who knows or reasonably should know
12    that the person is a resident of such facility; or
13        (5) is detained or otherwise in the custody of a
14    police officer, peace officer, or other law enforcement
15    official who: (i) is detaining or maintaining custody of
16    such person; or (ii) knows, or reasonably should know,
17    that at the time of the offense, such person was detained
18    or in custody and the police officer, peace officer, or
19    other law enforcement official is not married to such
20    detainee.
21    "Victim" means a person alleging to have been subjected to
22an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
2311-1.50, or 11-1.60 of this Code.
24(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
 
25    (720 ILCS 5/11-9.1A)

 

 

HB3150- 153 -LRB103 28611 RLC 54992 b

1    Sec. 11-9.1A. Permitting sexual abuse of a child.
2    (a) A person responsible for a child's welfare commits
3permitting sexual abuse of a child if the person has actual
4knowledge of and permits an act of sexual abuse upon the child,
5or permits the child to engage in commercial sexual activity
6prostitution as defined in Section 11-14 of this Code.
7    (b) In this Section:
8    "Actual knowledge" includes credible allegations made by
9the child.
10    "Child" means a minor under the age of 17 years.
11    "Person responsible for the child's welfare" means the
12child's parent, step-parent, legal guardian, or other person
13having custody of a child, who is responsible for the child's
14care at the time of the alleged sexual abuse.
15    "Commercial sexual activity Prostitution" means commercial
16sexual activity prostitution as defined in Section 11-14 of
17this Code.
18    "Sexual abuse" includes criminal sexual abuse or criminal
19sexual assault as defined in Section 11-1.20, 11-1.30,
2011-1.40, 11-1.50, or 11-1.60 of this Code.
21    (c) This Section does not apply to a person responsible
22for the child's welfare who, having reason to believe that
23sexual abuse has occurred, makes timely and reasonable efforts
24to stop the sexual abuse by reporting the sexual abuse in
25conformance with the Abused and Neglected Child Reporting Act
26or by reporting the sexual abuse, or causing a report to be

 

 

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1made, to medical or law enforcement authorities or anyone who
2is a mandated reporter under Section 4 of the Abused and
3Neglected Child Reporting Act.
4    (d) Whenever a law enforcement officer has reason to
5believe that the child or the person responsible for the
6child's welfare has been abused by a family or household
7member as defined by the Illinois Domestic Violence Act of
81986, the officer shall immediately use all reasonable means
9to prevent further abuse under Section 112A-30 of the Code of
10Criminal Procedure of 1963.
11    (e) An order of protection under Section 111-8 of the Code
12of Criminal Procedure of 1963 shall be sought in all cases
13where there is reason to believe that a child has been sexually
14abused by a family or household member. In considering
15appropriate available remedies, it shall be presumed that
16awarding physical care or custody to the abuser is not in the
17child's best interest.
18    (f) A person may not be charged with the offense of
19permitting sexual abuse of a child under this Section until
20the person who committed the offense is charged with criminal
21sexual assault, aggravated criminal sexual assault, predatory
22criminal sexual assault of a child, criminal sexual abuse,
23aggravated criminal sexual abuse, or commercial sexual
24activity prostitution.
25    (g) A person convicted of permitting the sexual abuse of a
26child is guilty of a Class 1 felony. As a condition of any

 

 

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1sentence of supervision, probation, conditional discharge, or
2mandatory supervised release, any person convicted under this
3Section shall be ordered to undergo child sexual abuse,
4domestic violence, or other appropriate counseling for a
5specified duration with a qualified social or mental health
6worker.
7    (h) It is an affirmative defense to a charge of permitting
8sexual abuse of a child under this Section that the person
9responsible for the child's welfare had a reasonable
10apprehension that timely action to stop the abuse or
11commercial sexual activity prostitution would result in the
12imminent infliction of death, great bodily harm, permanent
13disfigurement, or permanent disability to that person or
14another in retaliation for reporting.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
16    (720 ILCS 5/11-9.3)
17    Sec. 11-9.3. Presence within school zone by child sex
18offenders prohibited; approaching, contacting, residing with,
19or communicating with a child within certain places by child
20sex offenders prohibited.
21    (a) It is unlawful for a child sex offender to knowingly be
22present in any school building, on real property comprising
23any school, or in any conveyance owned, leased, or contracted
24by a school to transport students to or from school or a school
25related activity when persons under the age of 18 are present

 

 

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1in the building, on the grounds or in the conveyance, unless
2the offender is a parent or guardian of a student attending the
3school and the parent or guardian is: (i) attending a
4conference at the school with school personnel to discuss the
5progress of his or her child academically or socially, (ii)
6participating in child review conferences in which evaluation
7and placement decisions may be made with respect to his or her
8child regarding special education services, or (iii) attending
9conferences to discuss other student issues concerning his or
10her child such as retention and promotion and notifies the
11principal of the school of his or her presence at the school or
12unless the offender has permission to be present from the
13superintendent or the school board or in the case of a private
14school from the principal. In the case of a public school, if
15permission is granted, the superintendent or school board
16president must inform the principal of the school where the
17sex offender will be present. Notification includes the nature
18of the sex offender's visit and the hours in which the sex
19offender will be present in the school. The sex offender is
20responsible for notifying the principal's office when he or
21she arrives on school property and when he or she departs from
22school property. If the sex offender is to be present in the
23vicinity of children, the sex offender has the duty to remain
24under the direct supervision of a school official.
25    (a-5) It is unlawful for a child sex offender to knowingly
26be present within 100 feet of a site posted as a pick-up or

 

 

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1discharge stop for a conveyance owned, leased, or contracted
2by a school to transport students to or from school or a school
3related activity when one or more persons under the age of 18
4are present at the site.
5    (a-10) It is unlawful for a child sex offender to
6knowingly be present in any public park building, a playground
7or recreation area within any publicly accessible privately
8owned building, or on real property comprising any public park
9when persons under the age of 18 are present in the building or
10on the grounds and to approach, contact, or communicate with a
11child under 18 years of age, unless the offender is a parent or
12guardian of a person under 18 years of age present in the
13building or on the grounds.
14    (b) It is unlawful for a child sex offender to knowingly
15loiter within 500 feet of a school building or real property
16comprising any school while persons under the age of 18 are
17present in the building or on the grounds, unless the offender
18is a parent or guardian of a student attending the school and
19the parent or guardian is: (i) attending a conference at the
20school with school personnel to discuss the progress of his or
21her child academically or socially, (ii) participating in
22child review conferences in which evaluation and placement
23decisions may be made with respect to his or her child
24regarding special education services, or (iii) attending
25conferences to discuss other student issues concerning his or
26her child such as retention and promotion and notifies the

 

 

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1principal of the school of his or her presence at the school or
2has permission to be present from the superintendent or the
3school board or in the case of a private school from the
4principal. In the case of a public school, if permission is
5granted, the superintendent or school board president must
6inform the principal of the school where the sex offender will
7be present. Notification includes the nature of the sex
8offender's visit and the hours in which the sex offender will
9be present in the school. The sex offender is responsible for
10notifying the principal's office when he or she arrives on
11school property and when he or she departs from school
12property. If the sex offender is to be present in the vicinity
13of children, the sex offender has the duty to remain under the
14direct supervision of a school official.
15    (b-2) It is unlawful for a child sex offender to knowingly
16loiter on a public way within 500 feet of a public park
17building or real property comprising any public park while
18persons under the age of 18 are present in the building or on
19the grounds and to approach, contact, or communicate with a
20child under 18 years of age, unless the offender is a parent or
21guardian of a person under 18 years of age present in the
22building or on the grounds.
23    (b-5) It is unlawful for a child sex offender to knowingly
24reside within 500 feet of a school building or the real
25property comprising any school that persons under the age of
2618 attend. Nothing in this subsection (b-5) prohibits a child

 

 

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1sex offender from residing within 500 feet of a school
2building or the real property comprising any school that
3persons under 18 attend if the property is owned by the child
4sex offender and was purchased before July 7, 2000 (the
5effective date of Public Act 91-911).
6    (b-10) It is unlawful for a child sex offender to
7knowingly reside within 500 feet of a playground, child care
8institution, day care center, part day child care facility,
9day care home, group day care home, or a facility providing
10programs or services exclusively directed toward persons under
1118 years of age. Nothing in this subsection (b-10) prohibits a
12child sex offender from residing within 500 feet of a
13playground or a facility providing programs or services
14exclusively directed toward persons under 18 years of age if
15the property is owned by the child sex offender and was
16purchased before July 7, 2000. Nothing in this subsection
17(b-10) prohibits a child sex offender from residing within 500
18feet of a child care institution, day care center, or part day
19child care facility if the property is owned by the child sex
20offender and was purchased before June 26, 2006. Nothing in
21this subsection (b-10) prohibits a child sex offender from
22residing within 500 feet of a day care home or group day care
23home if the property is owned by the child sex offender and was
24purchased before August 14, 2008 (the effective date of Public
25Act 95-821).
26    (b-15) It is unlawful for a child sex offender to

 

 

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1knowingly reside within 500 feet of the victim of the sex
2offense. Nothing in this subsection (b-15) prohibits a child
3sex offender from residing within 500 feet of the victim if the
4property in which the child sex offender resides is owned by
5the child sex offender and was purchased before August 22,
62002.
7    This subsection (b-15) does not apply if the victim of the
8sex offense is 21 years of age or older.
9    (b-20) It is unlawful for a child sex offender to
10knowingly communicate, other than for a lawful purpose under
11Illinois law, using the Internet or any other digital media,
12with a person under 18 years of age or with a person whom he or
13she believes to be a person under 18 years of age, unless the
14offender is a parent or guardian of the person under 18 years
15of age.
16    (c) It is unlawful for a child sex offender to knowingly
17operate, manage, be employed by, volunteer at, be associated
18with, or knowingly be present at any: (i) facility providing
19programs or services exclusively directed toward persons under
20the age of 18; (ii) day care center; (iii) part day child care
21facility; (iv) child care institution; (v) school providing
22before and after school programs for children under 18 years
23of age; (vi) day care home; or (vii) group day care home. This
24does not prohibit a child sex offender from owning the real
25property upon which the programs or services are offered or
26upon which the day care center, part day child care facility,

 

 

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1child care institution, or school providing before and after
2school programs for children under 18 years of age is located,
3provided the child sex offender refrains from being present on
4the premises for the hours during which: (1) the programs or
5services are being offered or (2) the day care center, part day
6child care facility, child care institution, or school
7providing before and after school programs for children under
818 years of age, day care home, or group day care home is
9operated.
10    (c-2) It is unlawful for a child sex offender to
11participate in a holiday event involving children under 18
12years of age, including but not limited to distributing candy
13or other items to children on Halloween, wearing a Santa Claus
14costume on or preceding Christmas, being employed as a
15department store Santa Claus, or wearing an Easter Bunny
16costume on or preceding Easter. For the purposes of this
17subsection, child sex offender has the meaning as defined in
18this Section, but does not include as a sex offense under
19paragraph (2) of subsection (d) of this Section, the offense
20under subsection (c) of Section 11-1.50 of this Code. This
21subsection does not apply to a child sex offender who is a
22parent or guardian of children under 18 years of age that are
23present in the home and other non-familial minors are not
24present.
25    (c-5) It is unlawful for a child sex offender to knowingly
26operate, manage, be employed by, or be associated with any

 

 

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1carnival, amusement enterprise, or county or State fair when
2persons under the age of 18 are present.
3    (c-6) It is unlawful for a child sex offender who owns and
4resides at residential real estate to knowingly rent any
5residential unit within the same building in which he or she
6resides to a person who is the parent or guardian of a child or
7children under 18 years of age. This subsection shall apply
8only to leases or other rental arrangements entered into after
9January 1, 2009 (the effective date of Public Act 95-820).
10    (c-7) It is unlawful for a child sex offender to knowingly
11offer or provide any programs or services to persons under 18
12years of age in his or her residence or the residence of
13another or in any facility for the purpose of offering or
14providing such programs or services, whether such programs or
15services are offered or provided by contract, agreement,
16arrangement, or on a volunteer basis.
17    (c-8) It is unlawful for a child sex offender to knowingly
18operate, whether authorized to do so or not, any of the
19following vehicles: (1) a vehicle which is specifically
20designed, constructed or modified and equipped to be used for
21the retail sale of food or beverages, including but not
22limited to an ice cream truck; (2) an authorized emergency
23vehicle; or (3) a rescue vehicle.
24    (d) Definitions. In this Section:
25        (1) "Child sex offender" means any person who:
26            (i) has been charged under Illinois law, or any

 

 

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1        substantially similar federal law or law of another
2        state, with a sex offense set forth in paragraph (2) of
3        this subsection (d) or the attempt to commit an
4        included sex offense, and the victim is a person under
5        18 years of age at the time of the offense; and:
6                (A) is convicted of such offense or an attempt
7            to commit such offense; or
8                (B) is found not guilty by reason of insanity
9            of such offense or an attempt to commit such
10            offense; or
11                (C) is found not guilty by reason of insanity
12            pursuant to subsection (c) of Section 104-25 of
13            the Code of Criminal Procedure of 1963 of such
14            offense or an attempt to commit such offense; or
15                (D) is the subject of a finding not resulting
16            in an acquittal at a hearing conducted pursuant to
17            subsection (a) of Section 104-25 of the Code of
18            Criminal Procedure of 1963 for the alleged
19            commission or attempted commission of such
20            offense; or
21                (E) is found not guilty by reason of insanity
22            following a hearing conducted pursuant to a
23            federal law or the law of another state
24            substantially similar to subsection (c) of Section
25            104-25 of the Code of Criminal Procedure of 1963
26            of such offense or of the attempted commission of

 

 

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1            such offense; or
2                (F) is the subject of a finding not resulting
3            in an acquittal at a hearing conducted pursuant to
4            a federal law or the law of another state
5            substantially similar to subsection (a) of Section
6            104-25 of the Code of Criminal Procedure of 1963
7            for the alleged violation or attempted commission
8            of such offense; or
9            (ii) is certified as a sexually dangerous person
10        pursuant to the Illinois Sexually Dangerous Persons
11        Act, or any substantially similar federal law or the
12        law of another state, when any conduct giving rise to
13        such certification is committed or attempted against a
14        person less than 18 years of age; or
15            (iii) is subject to the provisions of Section 2 of
16        the Interstate Agreements on Sexually Dangerous
17        Persons Act.
18        Convictions that result from or are connected with the
19    same act, or result from offenses committed at the same
20    time, shall be counted for the purpose of this Section as
21    one conviction. Any conviction set aside pursuant to law
22    is not a conviction for purposes of this Section.
23        (2) Except as otherwise provided in paragraph (2.5),
24    "sex offense" means:
25            (i) 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: 10-4 (forcible detention), 10-7 (aiding or
2        abetting child abduction under Section 10-5(b)(10)),
3        10-5(b)(10) (child luring), 11-1.40 (predatory
4        criminal sexual assault of a child), 11-6 (indecent
5        solicitation of a child), 11-6.5 (indecent
6        solicitation of an adult), 11-9.1 (sexual exploitation
7        of a child), 11-9.2 (custodial sexual misconduct),
8        11-9.5 (sexual misconduct with a person with a
9        disability), 11-11 (sexual relations within families),
10        11-14.3(a)(1) (promoting commercial sexual activity
11        prostitution by advancing commercial sexual activity
12        prostitution), 11-14.3(a)(2)(A) (promoting commercial
13        sexual activity prostitution by profiting from
14        commercial sexual activity prostitution by compelling
15        a person to be a provider of commercial sexual
16        activity prostitute), 11-14.3(a)(2)(C) (promoting
17        commercial sexual activity prostitution by profiting
18        from commercial sexual activity prostitution by means
19        other than as described in subparagraphs (A) and (B)
20        of paragraph (2) of subsection (a) of Section
21        11-14.3), 11-14.4 (promoting commercial sexual
22        exploitation of a child juvenile prostitution),
23        11-18.1 (patronizing a sexually exploited child
24        juvenile prostitute), 11-20.1 (child pornography),
25        11-20.1B (aggravated child pornography), 11-21
26        (harmful material), 11-25 (grooming), 11-26 (traveling

 

 

HB3150- 166 -LRB103 28611 RLC 54992 b

1        to meet a minor or traveling to meet a child), 12-33
2        (ritualized abuse of a child), 11-20 (obscenity) (when
3        that offense was committed in any school, on real
4        property comprising any school, in any conveyance
5        owned, leased, or contracted by a school to transport
6        students to or from school or a school related
7        activity, or in a public park), 11-30 (public
8        indecency) (when committed in a school, on real
9        property comprising a school, in any conveyance owned,
10        leased, or contracted by a school to transport
11        students to or from school or a school related
12        activity, or in a public park). An attempt to commit
13        any of these offenses.
14            (ii) A violation of any of the following Sections
15        of the Criminal Code of 1961 or the Criminal Code of
16        2012, when the victim is a person under 18 years of
17        age: 11-1.20 (criminal sexual assault), 11-1.30
18        (aggravated criminal sexual assault), 11-1.50
19        (criminal sexual abuse), 11-1.60 (aggravated criminal
20        sexual abuse). An attempt to commit any of these
21        offenses.
22            (iii) A violation of any of the following Sections
23        of the Criminal Code of 1961 or the Criminal Code of
24        2012, when the victim is a person under 18 years of age
25        and the defendant is not a parent of the victim:
26            10-1 (kidnapping),

 

 

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1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint),
4            11-9.1(A) (permitting sexual abuse of a child).
5            An attempt to commit any of these offenses.
6            (iv) A violation of any former law of this State
7        substantially equivalent to any offense listed in
8        clause (2)(i) or (2)(ii) of subsection (d) of this
9        Section.
10        (2.5) For the purposes of subsections (b-5) and (b-10)
11    only, a sex offense means:
12            (i) A violation of any of the following Sections
13        of the Criminal Code of 1961 or the Criminal Code of
14        2012:
15             10-5(b)(10) (child luring), 10-7 (aiding or
16        abetting child abduction under Section 10-5(b)(10)),
17        11-1.40 (predatory criminal sexual assault of a
18        child), 11-6 (indecent solicitation of a child),
19        11-6.5 (indecent solicitation of an adult), 11-9.2
20        (custodial sexual misconduct), 11-9.5 (sexual
21        misconduct with a person with a disability), 11-11
22        (sexual relations within families), 11-14.3(a)(1)
23        (promoting commercial sexual activity prostitution by
24        advancing commercial sexual activity prostitution),
25        11-14.3(a)(2)(A) (promoting commercial sexual activity
26        prostitution by profiting from commercial sexual

 

 

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1        activity prostitution by compelling a person to be a
2        provider of commercial sexual activity prostitute),
3        11-14.3(a)(2)(C) (promoting commercial sexual activity
4        prostitution by profiting from commercial sexual
5        activity prostitution by means other than as described
6        in subparagraphs (A) and (B) of paragraph (2) of
7        subsection (a) of Section 11-14.3), 11-14.4 (promoting
8        commercial sexual exploitation of a child juvenile
9        prostitution), 11-18.1 (patronizing a sexually
10        exploited child juvenile prostitute), 11-20.1 (child
11        pornography), 11-20.1B (aggravated child pornography),
12        11-25 (grooming), 11-26 (traveling to meet a minor or
13        traveling to meet a child), or 12-33 (ritualized abuse
14        of a child). An attempt to commit any of these
15        offenses.
16            (ii) A violation of any of the following Sections
17        of the Criminal Code of 1961 or the Criminal Code of
18        2012, when the victim is a person under 18 years of
19        age: 11-1.20 (criminal sexual assault), 11-1.30
20        (aggravated criminal sexual assault), 11-1.60
21        (aggravated criminal sexual abuse), and subsection (a)
22        of Section 11-1.50 (criminal sexual abuse). An attempt
23        to commit any of these offenses.
24            (iii) 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 age

 

 

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1        and the defendant is not a parent of the victim:
2            10-1 (kidnapping),
3            10-2 (aggravated kidnapping),
4            10-3 (unlawful restraint),
5            10-3.1 (aggravated unlawful restraint),
6            11-9.1(A) (permitting sexual abuse of a child).
7            An attempt to commit any of these offenses.
8            (iv) A violation of any former law of this State
9        substantially equivalent to any offense listed in this
10        paragraph (2.5) of this subsection.
11        (3) A conviction for an offense of federal law or the
12    law of another state that is substantially equivalent to
13    any offense listed in paragraph (2) of subsection (d) of
14    this Section shall constitute a conviction for the purpose
15    of this Section. A finding or adjudication as a sexually
16    dangerous person under any federal law or law of another
17    state that is substantially equivalent to the Sexually
18    Dangerous Persons Act shall constitute an adjudication for
19    the purposes of this Section.
20        (4) "Authorized emergency vehicle", "rescue vehicle",
21    and "vehicle" have the meanings ascribed to them in
22    Sections 1-105, 1-171.8 and 1-217, respectively, of the
23    Illinois Vehicle Code.
24        (5) "Child care institution" has the meaning ascribed
25    to it in Section 2.06 of the Child Care Act of 1969.
26        (6) "Day care center" has the meaning ascribed to it

 

 

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1    in Section 2.09 of the Child Care Act of 1969.
2        (7) "Day care home" has the meaning ascribed to it in
3    Section 2.18 of the Child Care Act of 1969.
4        (8) "Facility providing programs or services directed
5    towards persons under the age of 18" means any facility
6    providing programs or services exclusively directed
7    towards persons under the age of 18.
8        (9) "Group day care home" has the meaning ascribed to
9    it in Section 2.20 of the Child Care Act of 1969.
10        (10) "Internet" has the meaning set forth in Section
11    16-0.1 of this Code.
12        (11) "Loiter" means:
13            (i) Standing, sitting idly, whether or not the
14        person is in a vehicle, or remaining in or around
15        school or public park property.
16            (ii) Standing, sitting idly, whether or not the
17        person is in a vehicle, or remaining in or around
18        school or public park property, for the purpose of
19        committing or attempting to commit a sex offense.
20            (iii) Entering or remaining in a building in or
21        around school property, other than the offender's
22        residence.
23        (12) "Part day child care facility" has the meaning
24    ascribed to it in Section 2.10 of the Child Care Act of
25    1969.
26        (13) "Playground" means a piece of land owned or

 

 

HB3150- 171 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 172 -LRB103 28611 RLC 54992 b

1(Source: P.A. 102-997, eff. 1-1-23.)
 
2    (720 ILCS 5/Art. 11 Subdiv. 15 heading)
3
SUBDIVISION 15. COMMERCIAL SEXUAL ACTIVITY PROSTITUTION
4
OFFENSES
5(Source: P.A. 96-1551, eff. 7-1-11.)
 
6    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
7    Sec. 11-14. Commercial sexual activity Prostitution.
8    (a) Any person who knowingly performs, offers or agrees to
9perform any act of sexual penetration as defined in Section
1011-0.1 of this Code for anything of value, or any touching or
11fondling of the sex organs of one person by another person, for
12anything of value, for the purpose of sexual arousal or
13gratification commits an act of commercial sexual activity
14prostitution.
15    (b) Sentence. A violation of this Section is a Class A
16misdemeanor.
17    (c) (Blank).
18    (c-5) It is an affirmative defense to a charge under this
19Section that the accused engaged in or performed commercial
20sexual activity prostitution as a result of being a victim of
21involuntary servitude or trafficking in persons as defined in
22Section 10-9 of this Code.
23    (d) Notwithstanding the foregoing, if it is determined,
24after a reasonable detention for investigative purposes, that

 

 

HB3150- 173 -LRB103 28611 RLC 54992 b

1a person suspected of or charged with a violation of this
2Section is a person under the age of 18, that person shall be
3immune from prosecution for a commercial sexual activity
4prostitution offense under this Section, and shall be subject
5to the temporary protective custody provisions of Sections 2-5
6and 2-6 of the Juvenile Court Act of 1987. Pursuant to the
7provisions of Section 2-6 of the Juvenile Court Act of 1987, a
8law enforcement officer who takes a person under 18 years of
9age into custody under this Section shall immediately report
10an allegation of a violation of Section 10-9 of this Code to
11the Illinois Department of Children and Family Services State
12Central Register, which shall commence an initial
13investigation into child abuse or child neglect within 24
14hours pursuant to Section 7.4 of the Abused and Neglected
15Child Reporting Act.
16(Source: P.A. 98-164, eff. 1-1-14; 98-538, eff. 8-23-13;
1798-756, eff. 7-16-14; 99-109, eff. 7-22-15.)
 
18    (720 ILCS 5/11-14.1)
19    Sec. 11-14.1. Solicitation of a sexual act.
20    (a) Any person who offers a person not his or her spouse
21any money, property, token, object, or article or anything of
22value for that person or any other person not his or her spouse
23to perform any act of sexual penetration as defined in Section
2411-0.1 of this Code, or any touching or fondling of the sex
25organs of one person by another person for the purpose of

 

 

HB3150- 174 -LRB103 28611 RLC 54992 b

1sexual arousal or gratification, commits solicitation of a
2sexual act.
3    (b) Sentence. Solicitation of a sexual act is a Class A
4misdemeanor. Solicitation of a sexual act from a person who is
5under the age of 18 or who is a person with a severe or
6profound intellectual disability is a Class 4 felony. If the
7court imposes a fine under this subsection (b), it shall be
8collected and distributed to the Specialized Services for
9Survivors of Human Trafficking Fund in accordance with Section
105-9-1.21 of the Unified Code of Corrections.
11    (b-5) (Blank).
12    (c) This Section does not apply to a person engaged in
13commercial sexual activity prostitution who is under 18 years
14of age.
15    (d) A person cannot be convicted under this Section if the
16practice of commercial sexual activity prostitution underlying
17the offense consists exclusively of the accused's own acts of
18commercial sexual activity prostitution under Section 11-14 of
19this Code.
20(Source: P.A. 102-939, eff. 1-1-23.)
 
21    (720 ILCS 5/11-14.3)
22    Sec. 11-14.3. Promoting commercial sexual activity
23prostitution.
24    (a) Any person who knowingly performs any of the following
25acts commits promoting commercial sexual activity

 

 

HB3150- 175 -LRB103 28611 RLC 54992 b

1prostitution:
2        (1) advances commercial sexual activity prostitution
3    as defined in Section 11-0.1;
4        (2) profits from commercial sexual activity
5    prostitution by:
6            (A) compelling a person to become a provider of
7        commercial sexual activity prostitute;
8            (B) arranging or offering to arrange a situation
9        in which a person may practice commercial sexual
10        activity prostitution; or
11            (C) any means other than those described in
12        subparagraph (A) or (B), including from a person who
13        patronizes a provider of commercial sexual activity
14        prostitute. This paragraph (C) does not apply to a
15        person engaged in commercial sexual activity
16        prostitution who is under 18 years of age. A person
17        cannot be convicted of promoting commercial sexual
18        activity prostitution under this paragraph (C) if the
19        practice of commercial sexual activity prostitution
20        underlying the offense consists exclusively of the
21        accused's own acts of commercial sexual activity
22        prostitution under Section 11-14 of this Code.
23    (b) Sentence.
24        (1) A violation of subdivision (a)(1) is a Class 4
25    felony, unless committed within 1,000 feet of real
26    property comprising a school, in which case it is a Class 3

 

 

HB3150- 176 -LRB103 28611 RLC 54992 b

1    felony. A second or subsequent violation of subdivision
2    (a)(1), or any combination of convictions under
3    subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section
4    11-14 (commercial sexual activity prostitution), 11-14.1
5    (solicitation of a sexual act), 11-14.4 (promoting
6    commercial sexual exploitation of a child juvenile
7    prostitution), 11-15 (soliciting for a provider of
8    commercial sexual activity prostitute), 11-15.1
9    (soliciting for a sexually exploited child juvenile
10    prostitute), 11-16 (pandering), 11-17 (keeping a place of
11    commercial sexual activity prostitution), 11-17.1 (keeping
12    a place of commercial sexual exploitation of a child
13    juvenile prostitution), 11-18 (patronizing a provider of
14    commercial sexual activity prostitute), 11-18.1
15    (patronizing a sexually exploited child juvenile
16    prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or
17    aggravated juvenile pimping), or 11-19.2 (exploitation of
18    a child), is a Class 3 felony.
19        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
20    is a Class 4 felony, unless committed within 1,000 feet of
21    real property comprising a school, in which case it is a
22    Class 3 felony.
23        (3) A violation of subdivision (a)(2)(C) is a Class 4
24    felony, unless committed within 1,000 feet of real
25    property comprising a school, in which case it is a Class 3
26    felony. A second or subsequent violation of subdivision

 

 

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1    (a)(2)(C), or any combination of convictions under
2    subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),
3    or (a)(2)(B) of this Section (promoting commercial sexual
4    activity prostitution), 11-14 (commercial sexual activity
5    prostitution), 11-14.1 (solicitation of a sexual act),
6    11-14.4 (promoting commercial sexual exploitation of a
7    child juvenile prostitution), 11-15 (soliciting for a
8    provider of commercial sexual activity prostitute),
9    11-15.1 (soliciting for a sexually exploited child
10    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
11    place of commercial sexual activity prostitution), 11-17.1
12    (keeping a place of commercial sexual exploitation of a
13    child juvenile prostitution), 11-18 (patronizing a
14    provider of commercial sexual activity prostitute),
15    11-18.1 (patronizing a sexually exploited child juvenile
16    prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or
17    aggravated juvenile pimping), or 11-19.2 (exploitation of
18    a child), is a Class 3 felony.
19    If the court imposes a fine under this subsection (b), it
20shall be collected and distributed to the Specialized Services
21for Survivors of Human Trafficking Fund in accordance with
22Section 5-9-1.21 of the Unified Code of Corrections.
23(Source: P.A. 98-1013, eff. 1-1-15.)
 
24    (720 ILCS 5/11-14.4)
25    Sec. 11-14.4. Promoting commercial sexual exploitation of

 

 

HB3150- 178 -LRB103 28611 RLC 54992 b

1a child juvenile prostitution.
2    (a) Any person who knowingly performs any of the following
3acts commits promoting commercial sexual exploitation of a
4child juvenile prostitution:
5        (1) advances commercial sexual activity prostitution
6    as defined in Section 11-0.1, where the minor engaged in
7    commercial sexual activity prostitution, or any person
8    engaged in commercial sexual activity prostitution in the
9    place, is under 18 years of age or is a person with a
10    severe or profound intellectual disability at the time of
11    the offense;
12        (2) profits from commercial sexual activity
13    prostitution by any means where the provider of commercial
14    sexual activity prostituted person is a sexually exploited
15    child under 18 years of age or is a person with a severe or
16    profound intellectual disability at the time of the
17    offense;
18        (3) profits from commercial sexual activity
19    prostitution by any means where the sexually exploited
20    child prostituted person is under 13 years of age at the
21    time of the offense;
22        (4) confines a child under the age of 18 or a person
23    with a severe or profound intellectual disability against
24    his or her will by the infliction or threat of imminent
25    infliction of great bodily harm or permanent disability or
26    disfigurement or by administering to the child or the

 

 

HB3150- 179 -LRB103 28611 RLC 54992 b

1    person with a severe or profound intellectual disability,
2    without his or her consent or by threat or deception and
3    for other than medical purposes, any alcoholic intoxicant
4    or a drug as defined in the Illinois Controlled Substances
5    Act or the Cannabis Control Act or methamphetamine as
6    defined in the Methamphetamine Control and Community
7    Protection Act and:
8            (A) compels the child or the person with a severe
9        or profound intellectual disability to engage in
10        commercial sexual activity prostitution;
11            (B) arranges a situation in which the child or the
12        person with a severe or profound intellectual
13        disability may practice commercial sexual activity
14        prostitution; or
15            (C) profits from commercial sexual activity
16        prostitution by the child or the person with a severe
17        or profound intellectual disability.
18    (b) For purposes of this Section, administering drugs, as
19defined in subdivision (a)(4), or an alcoholic intoxicant to a
20child under the age of 13 or a person with a severe or profound
21intellectual disability shall be deemed to be without consent
22if the administering is done without the consent of the
23parents or legal guardian or if the administering is performed
24by the parents or legal guardian for other than medical
25purposes.
26    (c) If the accused did not have a reasonable opportunity

 

 

HB3150- 180 -LRB103 28611 RLC 54992 b

1to observe the provider of commercial sexual activity
2prostituted person, it is an affirmative defense to a charge
3of promoting commercial sexual exploitation of a child
4juvenile prostitution, except for a charge under subdivision
5(a)(4), that the accused reasonably believed the person was of
6the age of 18 years or over or was not a person with a severe
7or profound intellectual disability at the time of the act
8giving rise to the charge.
9    (d) Sentence. A violation of subdivision (a)(1) is a Class
101 felony, unless committed within 1,000 feet of real property
11comprising a school, in which case it is a Class X felony. A
12violation of subdivision (a)(2) is a Class 1 felony. A
13violation of subdivision (a)(3) is a Class X felony. A
14violation of subdivision (a)(4) is a Class X felony, for which
15the person shall be sentenced to a term of imprisonment of not
16less than 6 years and not more than 60 years. A second or
17subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
18or any combination of convictions under subdivision (a)(1),
19(a)(2), or (a)(3) and Sections 11-14 (commercial sexual
20activity prostitution), 11-14.1 (solicitation of a sexual
21act), 11-14.3 (promoting commercial sexual activity
22prostitution), 11-15 (soliciting for a provider of commercial
23sexual activity prostitute), 11-15.1 (soliciting for a
24sexually exploited child juvenile prostitute), 11-16
25(pandering), 11-17 (keeping a place of commercial sexual
26activity prostitution), 11-17.1 (keeping a place of commercial

 

 

HB3150- 181 -LRB103 28611 RLC 54992 b

1sexual exploitation of a child juvenile prostitution), 11-18
2(patronizing a provider of commercial sexual activity
3prostitute), 11-18.1 (patronizing a sexually exploited child
4juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile
5pimping or aggravated juvenile pimping), or 11-19.2
6(exploitation of a child) of this Code, is a Class X felony.
7    (e) Forfeiture. Any person convicted of a violation of
8this Section that involves promoting commercial sexual
9exploitation of a child juvenile prostitution by keeping a
10place of commercial sexual exploitation of a child juvenile
11prostitution or convicted of a violation of subdivision (a)(4)
12is subject to the property forfeiture provisions set forth in
13Article 124B of the Code of Criminal Procedure of 1963.
14    (f) For the purposes of this Section, "provider of
15commercial sexual activity prostituted person" means any
16person who engages in, or agrees or offers to engage in, any
17act of sexual penetration as defined in Section 11-0.1 of this
18Code for any money, property, token, object, or article or
19anything of value, or any touching or fondling of the sex
20organs of one person by another person, for any money,
21property, token, object, or article or anything of value, for
22the purpose of sexual arousal or gratification.
23(Source: P.A. 99-143, eff. 7-27-15.)
 
24    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
25    Sec. 11-18. Patronizing a provider of commercial sexual

 

 

HB3150- 182 -LRB103 28611 RLC 54992 b

1activity prostitute.
2    (a) Any person who knowingly performs any of the following
3acts with a person not his or her spouse commits patronizing a
4provider of commercial sexual activity prostitute:
5        (1) Engages in an act of sexual penetration as defined
6    in Section 11-0.1 of this Code with a provider of
7    commercial sexual activity prostitute; or
8        (2) Enters or remains in a place of commercial sexual
9    activity prostitution with intent to engage in an act of
10    sexual penetration as defined in Section 11-0.1 of this
11    Code; or
12        (3) Engages in any touching or fondling with a
13    provider of commercial sexual activity prostitute of the
14    sex organs of one person by the other person, with the
15    intent to achieve sexual arousal or gratification.
16    (b) Sentence.
17    Patronizing a provider of commercial sexual activity
18prostitute is a Class 4 felony, unless committed within 1,000
19feet of real property comprising a school, in which case it is
20a Class 3 felony. A person convicted of a second or subsequent
21violation of this Section, or of any combination of such
22number of convictions under this Section and Sections 11-14
23(commercial sexual activity prostitution), 11-14.1
24(solicitation of a sexual act), 11-14.3 (promoting commercial
25sexual activity prostitution), 11-14.4 (promoting commercial
26sexual exploitation of a child juvenile prostitution), 11-15

 

 

HB3150- 183 -LRB103 28611 RLC 54992 b

1(soliciting for a provider of commercial sexual activity
2prostitute), 11-15.1 (soliciting for a sexually exploited
3child juvenile prostitute), 11-16 (pandering), 11-17 (keeping
4a place of commercial sexual activity prostitution), 11-17.1
5(keeping a place of commercial sexual exploitation of a child
6juvenile prostitution), 11-18.1 (patronizing a sexually
7exploited child juvenile prostitute), 11-19 (pimping), 11-19.1
8(juvenile pimping or aggravated juvenile pimping), or 11-19.2
9(exploitation of a child) of this Code, is guilty of a Class 3
10felony. If the court imposes a fine under this subsection (b),
11it shall be collected and distributed to the Specialized
12Services for Survivors of Human Trafficking Fund in accordance
13with Section 5-9-1.21 of the Unified Code of Corrections.
14    (c) (Blank).
15(Source: P.A. 98-1013, eff. 1-1-15.)
 
16    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
17    Sec. 11-18.1. Patronizing a sexually exploited child minor
18engaged in prostitution.
19    (a) Any person who engages in an act of sexual penetration
20as defined in Section 11-0.1 of this Code with a person who is
21under 18 years of age engaged in commercial sexual activity
22prostitution who is under 18 years of age or is a person with a
23severe or profound intellectual disability commits patronizing
24a sexually exploited child minor engaged in prostitution.
25    (a-5) Any person who engages in any touching or fondling,

 

 

HB3150- 184 -LRB103 28611 RLC 54992 b

1with a person engaged in commercial sexual activity
2prostitution who either is a sexually exploited child under 18
3years of age or is a person with a severe or profound
4intellectual disability, of the sex organs of one person by
5the other person, with the intent to achieve sexual arousal or
6gratification, commits patronizing a sexually exploited child
7minor engaged in prostitution.
8    (b) It is an affirmative defense to the charge of
9patronizing a sexually exploited child minor engaged in
10prostitution that the accused reasonably believed that the
11person was of the age of 18 years or over or was not a person
12with a severe or profound intellectual disability at the time
13of the act giving rise to the charge.
14    (c) Sentence. A person who commits patronizing a sexually
15exploited child juvenile prostitute is guilty of a Class 3
16felony, unless committed within 1,000 feet of real property
17comprising a school, in which case it is a Class 2 felony. A
18person convicted of a second or subsequent violation of this
19Section, or of any combination of such number of convictions
20under this Section and Sections 11-14 (commercial sexual
21activity prostitution), 11-14.1 (solicitation of a sexual
22act), 11-14.3 (promoting commercial sexual activity
23prostitution), 11-14.4 (promoting commercial sexual
24exploitation of a child juvenile prostitution), 11-15
25(soliciting for a provider of commercial sexual activity
26prostitute), 11-15.1 (soliciting for a sexually exploited

 

 

HB3150- 185 -LRB103 28611 RLC 54992 b

1child juvenile prostitute), 11-16 (pandering), 11-17 (keeping
2a place of commercial sexual activity prostitution), 11-17.1
3(keeping a place of commercial sexual exploitation of a child
4juvenile prostitution), 11-18 (patronizing a provider of
5commercial sexual activity prostitute), 11-19 (pimping),
611-19.1 (juvenile pimping or aggravated juvenile pimping), or
711-19.2 (exploitation of a child) of this Code, is guilty of a
8Class 2 felony. The fact of such conviction is not an element
9of the offense and may not be disclosed to the jury during
10trial unless otherwise permitted by issues properly raised
11during such trial.
12(Source: P.A. 99-143, eff. 7-27-15.)
 
13    (720 ILCS 5/14-3)
14    Sec. 14-3. Exemptions. The following activities shall be
15exempt from the provisions of this Article:
16        (a) Listening to radio, wireless electronic
17    communications, and television communications of any sort
18    where the same are publicly made;
19        (b) Hearing conversation when heard by employees of
20    any common carrier by wire incidental to the normal course
21    of their employment in the operation, maintenance or
22    repair of the equipment of such common carrier by wire so
23    long as no information obtained thereby is used or
24    divulged by the hearer;
25        (c) Any broadcast by radio, television or otherwise

 

 

HB3150- 186 -LRB103 28611 RLC 54992 b

1    whether it be a broadcast or recorded for the purpose of
2    later broadcasts of any function where the public is in
3    attendance and the conversations are overheard incidental
4    to the main purpose for which such broadcasts are then
5    being made;
6        (d) Recording or listening with the aid of any device
7    to any emergency communication made in the normal course
8    of operations by any federal, state or local law
9    enforcement agency or institutions dealing in emergency
10    services, including, but not limited to, hospitals,
11    clinics, ambulance services, fire fighting agencies, any
12    public utility, emergency repair facility, civilian
13    defense establishment or military installation;
14        (e) Recording the proceedings of any meeting required
15    to be open by the Open Meetings Act, as amended;
16        (f) Recording or listening with the aid of any device
17    to incoming telephone calls of phone lines publicly listed
18    or advertised as consumer "hotlines" by manufacturers or
19    retailers of food and drug products. Such recordings must
20    be destroyed, erased or turned over to local law
21    enforcement authorities within 24 hours from the time of
22    such recording and shall not be otherwise disseminated.
23    Failure on the part of the individual or business
24    operating any such recording or listening device to comply
25    with the requirements of this subsection shall eliminate
26    any civil or criminal immunity conferred upon that

 

 

HB3150- 187 -LRB103 28611 RLC 54992 b

1    individual or business by the operation of this Section;
2        (g) With prior notification to the State's Attorney of
3    the county in which it is to occur, recording or listening
4    with the aid of any device to any conversation where a law
5    enforcement officer, or any person acting at the direction
6    of law enforcement, is a party to the conversation and has
7    consented to it being intercepted or recorded under
8    circumstances where the use of the device is necessary for
9    the protection of the law enforcement officer or any
10    person acting at the direction of law enforcement, in the
11    course of an investigation of a forcible felony, a felony
12    offense of involuntary servitude, involuntary sexual
13    servitude of a minor, or trafficking in persons under
14    Section 10-9 of this Code, an offense involving commercial
15    sexual activity prostitution, solicitation of a sexual
16    act, or pandering, a felony violation of the Illinois
17    Controlled Substances Act, a felony violation of the
18    Cannabis Control Act, a felony violation of the
19    Methamphetamine Control and Community Protection Act, any
20    "streetgang related" or "gang-related" felony as those
21    terms are defined in the Illinois Streetgang Terrorism
22    Omnibus Prevention Act, or any felony offense involving
23    any weapon listed in paragraphs (1) through (11) of
24    subsection (a) of Section 24-1 of this Code. Any recording
25    or evidence derived as the result of this exemption shall
26    be inadmissible in any proceeding, criminal, civil or

 

 

HB3150- 188 -LRB103 28611 RLC 54992 b

1    administrative, except (i) where a party to the
2    conversation suffers great bodily injury or is killed
3    during such conversation, or (ii) when used as direct
4    impeachment of a witness concerning matters contained in
5    the interception or recording. The Director of the
6    Illinois State Police shall issue regulations as are
7    necessary concerning the use of devices, retention of tape
8    recordings, and reports regarding their use;
9        (g-5) (Blank);
10        (g-6) With approval of the State's Attorney of the
11    county in which it is to occur, recording or listening
12    with the aid of any device to any conversation where a law
13    enforcement officer, or any person acting at the direction
14    of law enforcement, is a party to the conversation and has
15    consented to it being intercepted or recorded in the
16    course of an investigation of child pornography,
17    aggravated child pornography, indecent solicitation of a
18    child, luring of a minor, sexual exploitation of a child,
19    aggravated criminal sexual abuse in which the victim of
20    the offense was at the time of the commission of the
21    offense under 18 years of age, or criminal sexual abuse by
22    force or threat of force in which the victim of the offense
23    was at the time of the commission of the offense under 18
24    years of age. In all such cases, an application for an
25    order approving the previous or continuing use of an
26    eavesdropping device must be made within 48 hours of the

 

 

HB3150- 189 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 190 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 191 -LRB103 28611 RLC 54992 b

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

 

 

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1    person or a member of his or her immediate household, and
2    there is reason to believe that evidence of the criminal
3    offense may be obtained by the recording;
4        (j) The use of a telephone monitoring device by either
5    (1) a corporation or other business entity engaged in
6    marketing or opinion research or (2) a corporation or
7    other business entity engaged in telephone solicitation,
8    as defined in this subsection, to record or listen to oral
9    telephone solicitation conversations or marketing or
10    opinion research conversations by an employee of the
11    corporation or other business entity when:
12            (i) the monitoring is used for the purpose of
13        service quality control of marketing or opinion
14        research or telephone solicitation, the education or
15        training of employees or contractors engaged in
16        marketing or opinion research or telephone
17        solicitation, or internal research related to
18        marketing or opinion research or telephone
19        solicitation; and
20            (ii) the monitoring is used with the consent of at
21        least one person who is an active party to the
22        marketing or opinion research conversation or
23        telephone solicitation conversation being monitored.
24        No communication or conversation or any part, portion,
25    or aspect of the communication or conversation made,
26    acquired, or obtained, directly or indirectly, under this

 

 

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1    exemption (j), may be, directly or indirectly, furnished
2    to any law enforcement officer, agency, or official for
3    any purpose or used in any inquiry or investigation, or
4    used, directly or indirectly, in any administrative,
5    judicial, or other proceeding, or divulged to any third
6    party.
7        When recording or listening authorized by this
8    subsection (j) on telephone lines used for marketing or
9    opinion research or telephone solicitation purposes
10    results in recording or listening to a conversation that
11    does not relate to marketing or opinion research or
12    telephone solicitation; the person recording or listening
13    shall, immediately upon determining that the conversation
14    does not relate to marketing or opinion research or
15    telephone solicitation, terminate the recording or
16    listening and destroy any such recording as soon as is
17    practicable.
18        Business entities that use a telephone monitoring or
19    telephone recording system pursuant to this exemption (j)
20    shall provide current and prospective employees with
21    notice that the monitoring or recordings may occur during
22    the course of their employment. The notice shall include
23    prominent signage notification within the workplace.
24        Business entities that use a telephone monitoring or
25    telephone recording system pursuant to this exemption (j)
26    shall provide their employees or agents with access to

 

 

HB3150- 194 -LRB103 28611 RLC 54992 b

1    personal-only telephone lines which may be pay telephones,
2    that are not subject to telephone monitoring or telephone
3    recording.
4        For the purposes of this subsection (j), "telephone
5    solicitation" means a communication through the use of a
6    telephone by live operators:
7            (i) soliciting the sale of goods or services;
8            (ii) receiving orders for the sale of goods or
9        services;
10            (iii) assisting in the use of goods or services;
11        or
12            (iv) engaging in the solicitation, administration,
13        or collection of bank or retail credit accounts.
14        For the purposes of this subsection (j), "marketing or
15    opinion research" means a marketing or opinion research
16    interview conducted by a live telephone interviewer
17    engaged by a corporation or other business entity whose
18    principal business is the design, conduct, and analysis of
19    polls and surveys measuring the opinions, attitudes, and
20    responses of respondents toward products and services, or
21    social or political issues, or both;
22        (k) Electronic recordings, including but not limited
23    to, a motion picture, videotape, digital, or other visual
24    or audio recording, made of a custodial interrogation of
25    an individual at a police station or other place of
26    detention by a law enforcement officer under Section

 

 

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1    5-401.5 of the Juvenile Court Act of 1987 or Section
2    103-2.1 of the Code of Criminal Procedure of 1963;
3        (l) Recording the interview or statement of any person
4    when the person knows that the interview is being
5    conducted by a law enforcement officer or prosecutor and
6    the interview takes place at a police station that is
7    currently participating in the Custodial Interview Pilot
8    Program established under the Illinois Criminal Justice
9    Information Act;
10        (m) An electronic recording, including but not limited
11    to, a motion picture, videotape, digital, or other visual
12    or audio recording, made of the interior of a school bus
13    while the school bus is being used in the transportation
14    of students to and from school and school-sponsored
15    activities, when the school board has adopted a policy
16    authorizing such recording, notice of such recording
17    policy is included in student handbooks and other
18    documents including the policies of the school, notice of
19    the policy regarding recording is provided to parents of
20    students, and notice of such recording is clearly posted
21    on the door of and inside the school bus.
22        Recordings made pursuant to this subsection (m) shall
23    be confidential records and may only be used by school
24    officials (or their designees) and law enforcement
25    personnel for investigations, school disciplinary actions
26    and hearings, proceedings under the Juvenile Court Act of

 

 

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1    1987, and criminal prosecutions, related to incidents
2    occurring in or around the school bus;
3        (n) Recording or listening to an audio transmission
4    from a microphone placed by a person under the authority
5    of a law enforcement agency inside a bait car surveillance
6    vehicle while simultaneously capturing a photographic or
7    video image;
8        (o) The use of an eavesdropping camera or audio device
9    during an ongoing hostage or barricade situation by a law
10    enforcement officer or individual acting on behalf of a
11    law enforcement officer when the use of such device is
12    necessary to protect the safety of the general public,
13    hostages, or law enforcement officers or anyone acting on
14    their behalf;
15        (p) Recording or listening with the aid of any device
16    to incoming telephone calls of phone lines publicly listed
17    or advertised as the "CPS Violence Prevention Hotline",
18    but only where the notice of recording is given at the
19    beginning of each call as required by Section 34-21.8 of
20    the School Code. The recordings may be retained only by
21    the Chicago Police Department or other law enforcement
22    authorities, and shall not be otherwise retained or
23    disseminated;
24        (q)(1) With prior request to and written or verbal
25    approval of the State's Attorney of the county in which
26    the conversation is anticipated to occur, recording or

 

 

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1    listening with the aid of an eavesdropping device to a
2    conversation in which a law enforcement officer, or any
3    person acting at the direction of a law enforcement
4    officer, is a party to the conversation and has consented
5    to the conversation being intercepted or recorded in the
6    course of an investigation of a qualified offense. The
7    State's Attorney may grant this approval only after
8    determining that reasonable cause exists to believe that
9    inculpatory conversations concerning a qualified offense
10    will occur with a specified individual or individuals
11    within a designated period of time.
12        (2) Request for approval. To invoke the exception
13    contained in this subsection (q), a law enforcement
14    officer shall make a request for approval to the
15    appropriate State's Attorney. The request may be written
16    or verbal; however, a written memorialization of the
17    request must be made by the State's Attorney. This request
18    for approval shall include whatever information is deemed
19    necessary by the State's Attorney but shall include, at a
20    minimum, the following information about each specified
21    individual whom the law enforcement officer believes will
22    commit a qualified offense:
23            (A) his or her full or partial name, nickname or
24        alias;
25            (B) a physical description; or
26            (C) failing either (A) or (B) of this paragraph

 

 

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1        (2), any other supporting information known to the law
2        enforcement officer at the time of the request that
3        gives rise to reasonable cause to believe that the
4        specified individual will participate in an
5        inculpatory conversation concerning a qualified
6        offense.
7        (3) Limitations on approval. Each written approval by
8    the State's Attorney under this subsection (q) shall be
9    limited to:
10            (A) a recording or interception conducted by a
11        specified law enforcement officer or person acting at
12        the direction of a law enforcement officer;
13            (B) recording or intercepting conversations with
14        the individuals specified in the request for approval,
15        provided that the verbal approval shall be deemed to
16        include the recording or intercepting of conversations
17        with other individuals, unknown to the law enforcement
18        officer at the time of the request for approval, who
19        are acting in conjunction with or as co-conspirators
20        with the individuals specified in the request for
21        approval in the commission of a qualified offense;
22            (C) a reasonable period of time but in no event
23        longer than 24 consecutive hours;
24            (D) the written request for approval, if
25        applicable, or the written memorialization must be
26        filed, along with the written approval, with the

 

 

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1        circuit clerk of the jurisdiction on the next business
2        day following the expiration of the authorized period
3        of time, and shall be subject to review by the Chief
4        Judge or his or her designee as deemed appropriate by
5        the court.
6        (3.5) The written memorialization of the request for
7    approval and the written approval by the State's Attorney
8    may be in any format, including via facsimile, email, or
9    otherwise, so long as it is capable of being filed with the
10    circuit clerk.
11        (3.10) Beginning March 1, 2015, each State's Attorney
12    shall annually submit a report to the General Assembly
13    disclosing:
14            (A) the number of requests for each qualified
15        offense for approval under this subsection; and
16            (B) the number of approvals for each qualified
17        offense given by the State's Attorney.
18        (4) Admissibility of evidence. No part of the contents
19    of any wire, electronic, or oral communication that has
20    been recorded or intercepted as a result of this exception
21    may be received in evidence in any trial, hearing, or
22    other proceeding in or before any court, grand jury,
23    department, officer, agency, regulatory body, legislative
24    committee, or other authority of this State, or a
25    political subdivision of the State, other than in a
26    prosecution of:

 

 

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1            (A) the qualified offense for which approval was
2        given to record or intercept a conversation under this
3        subsection (q);
4            (B) a forcible felony committed directly in the
5        course of the investigation of the qualified offense
6        for which approval was given to record or intercept a
7        conversation under this subsection (q); or
8            (C) any other forcible felony committed while the
9        recording or interception was approved in accordance
10        with this subsection (q), but for this specific
11        category of prosecutions, only if the law enforcement
12        officer or person acting at the direction of a law
13        enforcement officer who has consented to the
14        conversation being intercepted or recorded suffers
15        great bodily injury or is killed during the commission
16        of the charged forcible felony.
17        (5) Compliance with the provisions of this subsection
18    is a prerequisite to the admissibility in evidence of any
19    part of the contents of any wire, electronic or oral
20    communication that has been intercepted as a result of
21    this exception, but nothing in this subsection shall be
22    deemed to prevent a court from otherwise excluding the
23    evidence on any other ground recognized by State or
24    federal law, nor shall anything in this subsection be
25    deemed to prevent a court from independently reviewing the
26    admissibility of the evidence for compliance with the

 

 

HB3150- 201 -LRB103 28611 RLC 54992 b

1    Fourth Amendment to the U.S. Constitution or with Article
2    I, Section 6 of the Illinois Constitution.
3        (6) Use of recordings or intercepts unrelated to
4    qualified offenses. Whenever any private conversation or
5    private electronic communication has been recorded or
6    intercepted as a result of this exception that is not
7    related to an offense for which the recording or intercept
8    is admissible under paragraph (4) of this subsection (q),
9    no part of the contents of the communication and evidence
10    derived from the communication may be received in evidence
11    in any trial, hearing, or other proceeding in or before
12    any court, grand jury, department, officer, agency,
13    regulatory body, legislative committee, or other authority
14    of this State, or a political subdivision of the State,
15    nor may it be publicly disclosed in any way.
16        (6.5) The Illinois State Police shall adopt rules as
17    are necessary concerning the use of devices, retention of
18    recordings, and reports regarding their use under this
19    subsection (q).
20        (7) Definitions. For the purposes of this subsection
21    (q) only:
22            "Forcible felony" includes and is limited to those
23        offenses contained in Section 2-8 of the Criminal Code
24        of 1961 as of the effective date of this amendatory Act
25        of the 97th General Assembly, and only as those
26        offenses have been defined by law or judicial

 

 

HB3150- 202 -LRB103 28611 RLC 54992 b

1        interpretation as of that date.
2            "Qualified offense" means and is limited to:
3                (A) a felony violation of the Cannabis Control
4            Act, the Illinois Controlled Substances Act, or
5            the Methamphetamine Control and Community
6            Protection Act, except for violations of:
7                    (i) Section 4 of the Cannabis Control Act;
8                    (ii) Section 402 of the Illinois
9                Controlled Substances Act; and
10                    (iii) Section 60 of the Methamphetamine
11                Control and Community Protection Act; and
12                (B) first degree murder, solicitation of
13            murder for hire, predatory criminal sexual assault
14            of a child, criminal sexual assault, aggravated
15            criminal sexual assault, aggravated arson,
16            kidnapping, aggravated kidnapping, child
17            abduction, trafficking in persons, involuntary
18            servitude, involuntary sexual servitude of a
19            minor, or gunrunning.
20            "State's Attorney" includes and is limited to the
21        State's Attorney or an assistant State's Attorney
22        designated by the State's Attorney to provide verbal
23        approval to record or intercept conversations under
24        this subsection (q).
25        (8) Sunset. This subsection (q) is inoperative on and
26    after January 1, 2027. No conversations intercepted

 

 

HB3150- 203 -LRB103 28611 RLC 54992 b

1    pursuant to this subsection (q), while operative, shall be
2    inadmissible in a court of law by virtue of the
3    inoperability of this subsection (q) on January 1, 2027.
4        (9) Recordings, records, and custody. Any private
5    conversation or private electronic communication
6    intercepted by a law enforcement officer or a person
7    acting at the direction of law enforcement shall, if
8    practicable, be recorded in such a way as will protect the
9    recording from editing or other alteration. Any and all
10    original recordings made under this subsection (q) shall
11    be inventoried without unnecessary delay pursuant to the
12    law enforcement agency's policies for inventorying
13    evidence. The original recordings shall not be destroyed
14    except upon an order of a court of competent jurisdiction;
15    and
16        (r) Electronic recordings, including but not limited
17    to, motion picture, videotape, digital, or other visual or
18    audio recording, made of a lineup under Section 107A-2 of
19    the Code of Criminal Procedure of 1963.
20(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
21102-918, eff. 5-27-22.)
 
22    (720 ILCS 5/33G-3)
23    (Section scheduled to be repealed on June 11, 2023)
24    Sec. 33G-3. Definitions. As used in this Article:
25    (a) "Another state" means any State of the United States

 

 

HB3150- 204 -LRB103 28611 RLC 54992 b

1(other than the State of Illinois), or the District of
2Columbia, or the Commonwealth of Puerto Rico, or any territory
3or possession of the United States, or any political
4subdivision, or any department, agency, or instrumentality
5thereof.
6    (b) "Enterprise" includes:
7        (1) any partnership, corporation, association,
8    business or charitable trust, or other legal entity; and
9        (2) any group of individuals or other legal entities,
10    or any combination thereof, associated in fact although
11    not itself a legal entity. An association in fact must be
12    held together by a common purpose of engaging in a course
13    of conduct, and it may be associated together for purposes
14    that are both legal and illegal. An association in fact
15    must:
16            (A) have an ongoing organization or structure,
17        either formal or informal;
18            (B) the various members of the group must function
19        as a continuing unit, even if the group changes
20        membership by gaining or losing members over time; and
21            (C) have an ascertainable structure distinct from
22        that inherent in the conduct of a pattern of predicate
23        activity.
24    As used in this Article, "enterprise" includes licit and
25illicit enterprises.
26    (c) "Labor organization" includes any organization, labor

 

 

HB3150- 205 -LRB103 28611 RLC 54992 b

1union, craft union, or any voluntary unincorporated
2association designed to further the cause of the rights of
3union labor that is constituted for the purpose, in whole or in
4part, of collective bargaining or of dealing with employers
5concerning grievances, terms or conditions of employment, or
6apprenticeships or applications for apprenticeships, or of
7other mutual aid or protection in connection with employment,
8including apprenticeships or applications for apprenticeships.
9    (d) "Operation or management" means directing or carrying
10out the enterprise's affairs and is limited to any person who
11knowingly serves as a leader, organizer, operator, manager,
12director, supervisor, financier, advisor, recruiter, supplier,
13or enforcer of an enterprise in violation of this Article.
14    (e) "Predicate activity" means any act that is a Class 2
15felony or higher and constitutes a violation or violations of
16any of the following provisions of the laws of the State of
17Illinois (as amended or revised as of the date the activity
18occurred or, in the instance of a continuing offense, the date
19that charges under this Article are filed in a particular
20matter in the State of Illinois) or any act under the law of
21another jurisdiction for an offense that could be charged as a
22Class 2 felony or higher in this State:
23        (1) under the Criminal Code of 1961 or the Criminal
24    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
25    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
26    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1

 

 

HB3150- 206 -LRB103 28611 RLC 54992 b

1    (aggravated unlawful restraint), 10-4 (forcible
2    detention), 10-5(b)(10) (child abduction), 10-9
3    (trafficking in persons, involuntary servitude, and
4    related offenses), 11-1.20 (criminal sexual assault),
5    11-1.30 (aggravated criminal sexual assault), 11-1.40
6    (predatory criminal sexual assault of a child), 11-1.60
7    (aggravated criminal sexual abuse), 11-6 (indecent
8    solicitation of a child), 11-6.5 (indecent solicitation of
9    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
10    commercial sexual activity prostitution), 11-14.4
11    (promoting commercial sexual exploitation of a child
12    juvenile prostitution), 11-18.1 (patronizing a sexually
13    exploited child minor engaged in prostitution; patronizing
14    a sexually exploited child juvenile prostitute), 12-3.05
15    (aggravated battery), 12-6.4 (criminal street gang
16    recruitment), 12-6.5 (compelling organization membership
17    of persons), 12-7.3 (stalking), 12-7.4 (aggravated
18    stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home
19    invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1
20    (robbery; aggravated robbery), 18-2 (armed robbery), 18-3
21    (vehicular hijacking), 18-4 (aggravated vehicular
22    hijacking), 18-5 (aggravated robbery), 19-1 (burglary),
23    19-3 (residential burglary), 20-1 (arson; residential
24    arson; place of worship arson), 20-1.1 (aggravated arson),
25    20-1.2 (residential arson), 20-1.3 (place of worship
26    arson), 24-1.2 (aggravated discharge of a firearm),

 

 

HB3150- 207 -LRB103 28611 RLC 54992 b

1    24-1.2-5 (aggravated discharge of a machine gun or
2    silencer equipped firearm), 24-1.8 (unlawful possession of
3    a firearm by a street gang member), 24-3.2 (unlawful
4    discharge of firearm projectiles), 24-3.9 (aggravated
5    possession of a stolen firearm), 24-3A (gunrunning), 26-5
6    or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
7    (soliciting support for terrorism), 29D-15.1 (causing a
8    catastrophe), 29D-15.2 (possession of a deadly substance),
9    29D-20 (making a terrorist threat), 29D-25 (falsely making
10    a terrorist threat), 29D-29.9 (material support for
11    terrorism), 29D-35 (hindering prosecution of terrorism),
12    31A-1.2 (unauthorized contraband in a penal institution),
13    or 33A-3 (armed violence);
14        (2) under the Cannabis Control Act: Sections 5
15    (manufacture or delivery of cannabis), 5.1 (cannabis
16    trafficking), or 8 (production or possession of cannabis
17    plants), provided the offense either involves more than
18    500 grams of any substance containing cannabis or involves
19    more than 50 cannabis sativa plants;
20        (3) under the Illinois Controlled Substances Act:
21    Sections 401 (manufacture or delivery of a controlled
22    substance), 401.1 (controlled substance trafficking), 405
23    (calculated criminal drug conspiracy), or 405.2 (street
24    gang criminal drug conspiracy); or
25        (4) under the Methamphetamine Control and Community
26    Protection Act: Sections 15 (methamphetamine

 

 

HB3150- 208 -LRB103 28611 RLC 54992 b

1    manufacturing), or 55 (methamphetamine delivery).
2    (f) "Pattern of predicate activity" means:
3        (1) at least 3 occurrences of predicate activity that
4    are in some way related to each other and that have
5    continuity between them, and that are separate acts. Acts
6    are related to each other if they are not isolated events,
7    including if they have similar purposes, or results, or
8    participants, or victims, or are committed a similar way,
9    or have other similar distinguishing characteristics, or
10    are part of the affairs of the same enterprise. There is
11    continuity between acts if they are ongoing over a
12    substantial period, or if they are part of the regular way
13    some entity does business or conducts its affairs; and
14        (2) which occurs after the effective date of this
15    Article, and the last of which falls within 3 years
16    (excluding any period of imprisonment) after the first
17    occurrence of predicate activity.
18    (g) "Unlawful death" includes the following offenses:
19under the Code of 1961 or the Criminal Code of 2012: Sections
209-1 (first degree murder) or 9-2 (second degree murder).
21(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
22    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
23    (Text of Section before amendment by P.A. 102-982)
24    Sec. 36-1. Property subject to forfeiture.
25    (a) Any vessel or watercraft, vehicle, or aircraft is

 

 

HB3150- 209 -LRB103 28611 RLC 54992 b

1subject to forfeiture under this Article if the vessel or
2watercraft, vehicle, or aircraft is used with the knowledge
3and consent of the owner in the commission of or in the attempt
4to commit as defined in Section 8-4 of this Code:
5        (1) an offense prohibited by Section 9-1 (first degree
6    murder), Section 9-3 (involuntary manslaughter and
7    reckless homicide), Section 10-2 (aggravated kidnaping),
8    Section 11-1.20 (criminal sexual assault), Section 11-1.30
9    (aggravated criminal sexual assault), Section 11-1.40
10    (predatory criminal sexual assault of a child), subsection
11    (a) of Section 11-1.50 (criminal sexual abuse), subsection
12    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
13    sexual abuse), Section 11-6 (indecent solicitation of a
14    child), Section 11-14.4 (promoting commercial sexual
15    exploitation of a child juvenile prostitution except for
16    keeping a place of commercial sexual exploitation of a
17    child juvenile prostitution), Section 11-20.1 (child
18    pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1),
19    (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
20    (e)(7) of Section 12-3.05 (aggravated battery), Section
21    12-7.3 (stalking), Section 12-7.4 (aggravated stalking),
22    Section 16-1 (theft if the theft is of precious metal or of
23    scrap metal), subdivision (f)(2) or (f)(3) of Section
24    16-25 (retail theft), Section 18-2 (armed robbery),
25    Section 19-1 (burglary), Section 19-2 (possession of
26    burglary tools), Section 19-3 (residential burglary),

 

 

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1    Section 20-1 (arson; residential arson; place of worship
2    arson), Section 20-2 (possession of explosives or
3    explosive or incendiary devices), subdivision (a)(6) or
4    (a)(7) of Section 24-1 (unlawful use of weapons), Section
5    24-1.2 (aggravated discharge of a firearm), Section
6    24-1.2-5 (aggravated discharge of a machine gun or a
7    firearm equipped with a device designed or used for
8    silencing the report of a firearm), Section 24-1.5
9    (reckless discharge of a firearm), Section 28-1
10    (gambling), or Section 29D-15.2 (possession of a deadly
11    substance) of this Code;
12        (2) an offense prohibited by Section 21, 22, 23, 24 or
13    26 of the Cigarette Tax Act if the vessel or watercraft,
14    vehicle, or aircraft contains more than 10 cartons of such
15    cigarettes;
16        (3) an offense prohibited by Section 28, 29, or 30 of
17    the Cigarette Use Tax Act if the vessel or watercraft,
18    vehicle, or aircraft contains more than 10 cartons of such
19    cigarettes;
20        (4) an offense prohibited by Section 44 of the
21    Environmental Protection Act;
22        (5) an offense prohibited by Section 11-204.1 of the
23    Illinois Vehicle Code (aggravated fleeing or attempting to
24    elude a peace officer);
25        (6) an offense prohibited by Section 11-501 of the
26    Illinois Vehicle Code (driving while under the influence

 

 

HB3150- 211 -LRB103 28611 RLC 54992 b

1    of alcohol or other drug or drugs, intoxicating compound
2    or compounds or any combination thereof) or a similar
3    provision of a local ordinance, and:
4            (A) during a period in which his or her driving
5        privileges are revoked or suspended if the revocation
6        or suspension was for:
7                (i) Section 11-501 (driving under the
8            influence of alcohol or other drug or drugs,
9            intoxicating compound or compounds or any
10            combination thereof),
11                (ii) Section 11-501.1 (statutory summary
12            suspension or revocation),
13                (iii) paragraph (b) of Section 11-401 (motor
14            vehicle accidents involving death or personal
15            injuries), or
16                (iv) reckless homicide as defined in Section
17            9-3 of this Code;
18            (B) has been previously convicted of reckless
19        homicide or a similar provision of a law of another
20        state relating to reckless homicide in which the
21        person was determined to have been under the influence
22        of alcohol, other drug or drugs, or intoxicating
23        compound or compounds as an element of the offense or
24        the person has previously been convicted of committing
25        a violation of driving under the influence of alcohol
26        or other drug or drugs, intoxicating compound or

 

 

HB3150- 212 -LRB103 28611 RLC 54992 b

1        compounds or any combination thereof and was involved
2        in a motor vehicle accident that resulted in death,
3        great bodily harm, or permanent disability or
4        disfigurement to another, when the violation was a
5        proximate cause of the death or injuries;
6            (C) the person committed a violation of driving
7        under the influence of alcohol or other drug or drugs,
8        intoxicating compound or compounds or any combination
9        thereof under Section 11-501 of the Illinois Vehicle
10        Code or a similar provision for the third or
11        subsequent time;
12            (D) he or she did not possess a valid driver's
13        license or permit or a valid restricted driving permit
14        or a valid judicial driving permit or a valid
15        monitoring device driving permit; or
16            (E) he or she knew or should have known that the
17        vehicle he or she was driving was not covered by a
18        liability insurance policy;
19        (7) an offense described in subsection (g) of Section
20    6-303 of the Illinois Vehicle Code;
21        (8) an offense described in subsection (e) of Section
22    6-101 of the Illinois Vehicle Code; or
23        (9)(A) operating a watercraft under the influence of
24    alcohol, other drug or drugs, intoxicating compound or
25    compounds, or combination thereof under Section 5-16 of
26    the Boat Registration and Safety Act during a period in

 

 

HB3150- 213 -LRB103 28611 RLC 54992 b

1    which his or her privileges to operate a watercraft are
2    revoked or suspended and the revocation or suspension was
3    for operating a watercraft under the influence of alcohol,
4    other drug or drugs, intoxicating compound or compounds,
5    or combination thereof; (B) operating a watercraft under
6    the influence of alcohol, other drug or drugs,
7    intoxicating compound or compounds, or combination thereof
8    and has been previously convicted of reckless homicide or
9    a similar provision of a law in another state relating to
10    reckless homicide in which the person was determined to
11    have been under the influence of alcohol, other drug or
12    drugs, intoxicating compound or compounds, or combination
13    thereof as an element of the offense or the person has
14    previously been convicted of committing a violation of
15    operating a watercraft under the influence of alcohol,
16    other drug or drugs, intoxicating compound or compounds,
17    or combination thereof and was involved in an accident
18    that resulted in death, great bodily harm, or permanent
19    disability or disfigurement to another, when the violation
20    was a proximate cause of the death or injuries; or (C) the
21    person committed a violation of operating a watercraft
22    under the influence of alcohol, other drug or drugs,
23    intoxicating compound or compounds, or combination thereof
24    under Section 5-16 of the Boat Registration and Safety Act
25    or a similar provision for the third or subsequent time.
26    (b) In addition, any mobile or portable equipment used in

 

 

HB3150- 214 -LRB103 28611 RLC 54992 b

1the commission of an act which is in violation of Section 7g of
2the Metropolitan Water Reclamation District Act shall be
3subject to seizure and forfeiture under the same procedures
4provided in this Article for the seizure and forfeiture of
5vessels or watercraft, vehicles, and aircraft, and any such
6equipment shall be deemed a vessel or watercraft, vehicle, or
7aircraft for purposes of this Article.
8    (c) In addition, when a person discharges a firearm at
9another individual from a vehicle with the knowledge and
10consent of the owner of the vehicle and with the intent to
11cause death or great bodily harm to that individual and as a
12result causes death or great bodily harm to that individual,
13the vehicle shall be subject to seizure and forfeiture under
14the same procedures provided in this Article for the seizure
15and forfeiture of vehicles used in violations of clauses (1),
16(2), (3), or (4) of subsection (a) of this Section.
17    (d) If the spouse of the owner of a vehicle seized for an
18offense described in subsection (g) of Section 6-303 of the
19Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
20(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
2111-501 of the Illinois Vehicle Code, or Section 9-3 of this
22Code makes a showing that the seized vehicle is the only source
23of transportation and it is determined that the financial
24hardship to the family as a result of the seizure outweighs the
25benefit to the State from the seizure, the vehicle may be
26forfeited to the spouse or family member and the title to the

 

 

HB3150- 215 -LRB103 28611 RLC 54992 b

1vehicle shall be transferred to the spouse or family member
2who is properly licensed and who requires the use of the
3vehicle for employment or family transportation purposes. A
4written declaration of forfeiture of a vehicle under this
5Section shall be sufficient cause for the title to be
6transferred to the spouse or family member. The provisions of
7this paragraph shall apply only to one forfeiture per vehicle.
8If the vehicle is the subject of a subsequent forfeiture
9proceeding by virtue of a subsequent conviction of either
10spouse or the family member, the spouse or family member to
11whom the vehicle was forfeited under the first forfeiture
12proceeding may not utilize the provisions of this paragraph in
13another forfeiture proceeding. If the owner of the vehicle
14seized owns more than one vehicle, the procedure set out in
15this paragraph may be used for only one vehicle.
16    (e) In addition, property subject to forfeiture under
17Section 40 of the Illinois Streetgang Terrorism Omnibus
18Prevention Act may be seized and forfeited under this Article.
19(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
20    (Text of Section after amendment by P.A. 102-982)
21    Sec. 36-1. Property subject to forfeiture.
22    (a) Any vessel or watercraft, vehicle, or aircraft is
23subject to forfeiture under this Article if the vessel or
24watercraft, vehicle, or aircraft is used with the knowledge
25and consent of the owner in the commission of or in the attempt

 

 

HB3150- 216 -LRB103 28611 RLC 54992 b

1to commit as defined in Section 8-4 of this Code:
2        (1) an offense prohibited by Section 9-1 (first degree
3    murder), Section 9-3 (involuntary manslaughter and
4    reckless homicide), Section 10-2 (aggravated kidnaping),
5    Section 11-1.20 (criminal sexual assault), Section 11-1.30
6    (aggravated criminal sexual assault), Section 11-1.40
7    (predatory criminal sexual assault of a child), subsection
8    (a) of Section 11-1.50 (criminal sexual abuse), subsection
9    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
10    sexual abuse), Section 11-6 (indecent solicitation of a
11    child), Section 11-14.4 (promoting commercial sexual
12    exploitation of a child juvenile prostitution except for
13    keeping a place of commercial sexual exploitation of a
14    child juvenile prostitution), Section 11-20.1 (child
15    pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1),
16    (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
17    (e)(7) of Section 12-3.05 (aggravated battery), Section
18    12-7.3 (stalking), Section 12-7.4 (aggravated stalking),
19    Section 16-1 (theft if the theft is of precious metal or of
20    scrap metal), subdivision (f)(2) or (f)(3) of Section
21    16-25 (retail theft), Section 18-2 (armed robbery),
22    Section 19-1 (burglary), Section 19-2 (possession of
23    burglary tools), Section 19-3 (residential burglary),
24    Section 20-1 (arson; residential arson; place of worship
25    arson), Section 20-2 (possession of explosives or
26    explosive or incendiary devices), subdivision (a)(6) or

 

 

HB3150- 217 -LRB103 28611 RLC 54992 b

1    (a)(7) of Section 24-1 (unlawful use of weapons), Section
2    24-1.2 (aggravated discharge of a firearm), Section
3    24-1.2-5 (aggravated discharge of a machine gun or a
4    firearm equipped with a device designed or used for
5    silencing the report of a firearm), Section 24-1.5
6    (reckless discharge of a firearm), Section 28-1
7    (gambling), or Section 29D-15.2 (possession of a deadly
8    substance) of this Code;
9        (2) an offense prohibited by Section 21, 22, 23, 24 or
10    26 of the Cigarette Tax Act if the vessel or watercraft,
11    vehicle, or aircraft contains more than 10 cartons of such
12    cigarettes;
13        (3) an offense prohibited by Section 28, 29, or 30 of
14    the Cigarette Use Tax Act if the vessel or watercraft,
15    vehicle, or aircraft contains more than 10 cartons of such
16    cigarettes;
17        (4) an offense prohibited by Section 44 of the
18    Environmental Protection Act;
19        (5) an offense prohibited by Section 11-204.1 of the
20    Illinois Vehicle Code (aggravated fleeing or attempting to
21    elude a peace officer);
22        (6) an offense prohibited by Section 11-501 of the
23    Illinois Vehicle Code (driving while under the influence
24    of alcohol or other drug or drugs, intoxicating compound
25    or compounds or any combination thereof) or a similar
26    provision of a local ordinance, and:

 

 

HB3150- 218 -LRB103 28611 RLC 54992 b

1            (A) during a period in which his or her driving
2        privileges are revoked or suspended if the revocation
3        or suspension was for:
4                (i) Section 11-501 (driving under the
5            influence of alcohol or other drug or drugs,
6            intoxicating compound or compounds or any
7            combination thereof),
8                (ii) Section 11-501.1 (statutory summary
9            suspension or revocation),
10                (iii) paragraph (b) of Section 11-401 (motor
11            vehicle crashes involving death or personal
12            injuries), or
13                (iv) reckless homicide as defined in Section
14            9-3 of this Code;
15            (B) has been previously convicted of reckless
16        homicide or a similar provision of a law of another
17        state relating to reckless homicide in which the
18        person was determined to have been under the influence
19        of alcohol, other drug or drugs, or intoxicating
20        compound or compounds as an element of the offense or
21        the person has previously been convicted of committing
22        a violation of driving under the influence of alcohol
23        or other drug or drugs, intoxicating compound or
24        compounds or any combination thereof and was involved
25        in a motor vehicle crash that resulted in death, great
26        bodily harm, or permanent disability or disfigurement

 

 

HB3150- 219 -LRB103 28611 RLC 54992 b

1        to another, when the violation was a proximate cause
2        of the death or injuries;
3            (C) the person committed a violation of driving
4        under the influence of alcohol or other drug or drugs,
5        intoxicating compound or compounds or any combination
6        thereof under Section 11-501 of the Illinois Vehicle
7        Code or a similar provision for the third or
8        subsequent time;
9            (D) he or she did not possess a valid driver's
10        license or permit or a valid restricted driving permit
11        or a valid judicial driving permit or a valid
12        monitoring device driving permit; or
13            (E) he or she knew or should have known that the
14        vehicle he or she was driving was not covered by a
15        liability insurance policy;
16        (7) an offense described in subsection (g) of Section
17    6-303 of the Illinois Vehicle Code;
18        (8) an offense described in subsection (e) of Section
19    6-101 of the Illinois Vehicle Code; or
20        (9)(A) operating a watercraft under the influence of
21    alcohol, other drug or drugs, intoxicating compound or
22    compounds, or combination thereof under Section 5-16 of
23    the Boat Registration and Safety Act during a period in
24    which his or her privileges to operate a watercraft are
25    revoked or suspended and the revocation or suspension was
26    for operating a watercraft under the influence of alcohol,

 

 

HB3150- 220 -LRB103 28611 RLC 54992 b

1    other drug or drugs, intoxicating compound or compounds,
2    or combination thereof; (B) operating a watercraft under
3    the influence of alcohol, other drug or drugs,
4    intoxicating compound or compounds, or combination thereof
5    and has been previously convicted of reckless homicide or
6    a similar provision of a law in another state relating to
7    reckless homicide in which the person was determined to
8    have been under the influence of alcohol, other drug or
9    drugs, intoxicating compound or compounds, or combination
10    thereof as an element of the offense or the person has
11    previously been convicted of committing a violation of
12    operating a watercraft under the influence of alcohol,
13    other drug or drugs, intoxicating compound or compounds,
14    or combination thereof and was involved in an accident
15    that resulted in death, great bodily harm, or permanent
16    disability or disfigurement to another, when the violation
17    was a proximate cause of the death or injuries; or (C) the
18    person committed a violation of operating a watercraft
19    under the influence of alcohol, other drug or drugs,
20    intoxicating compound or compounds, or combination thereof
21    under Section 5-16 of the Boat Registration and Safety Act
22    or a similar provision for the third or subsequent time.
23    (b) In addition, any mobile or portable equipment used in
24the commission of an act which is in violation of Section 7g of
25the Metropolitan Water Reclamation District Act shall be
26subject to seizure and forfeiture under the same procedures

 

 

HB3150- 221 -LRB103 28611 RLC 54992 b

1provided in this Article for the seizure and forfeiture of
2vessels or watercraft, vehicles, and aircraft, and any such
3equipment shall be deemed a vessel or watercraft, vehicle, or
4aircraft for purposes of this Article.
5    (c) In addition, when a person discharges a firearm at
6another individual from a vehicle with the knowledge and
7consent of the owner of the vehicle and with the intent to
8cause death or great bodily harm to that individual and as a
9result causes death or great bodily harm to that individual,
10the vehicle shall be subject to seizure and forfeiture under
11the same procedures provided in this Article for the seizure
12and forfeiture of vehicles used in violations of clauses (1),
13(2), (3), or (4) of subsection (a) of this Section.
14    (d) If the spouse of the owner of a vehicle seized for an
15offense described in subsection (g) of Section 6-303 of the
16Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
17(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1811-501 of the Illinois Vehicle Code, or Section 9-3 of this
19Code makes a showing that the seized vehicle is the only source
20of transportation and it is determined that the financial
21hardship to the family as a result of the seizure outweighs the
22benefit to the State from the seizure, the vehicle may be
23forfeited to the spouse or family member and the title to the
24vehicle shall be transferred to the spouse or family member
25who is properly licensed and who requires the use of the
26vehicle for employment or family transportation purposes. A

 

 

HB3150- 222 -LRB103 28611 RLC 54992 b

1written declaration of forfeiture of a vehicle under this
2Section shall be sufficient cause for the title to be
3transferred to the spouse or family member. The provisions of
4this paragraph shall apply only to one forfeiture per vehicle.
5If the vehicle is the subject of a subsequent forfeiture
6proceeding by virtue of a subsequent conviction of either
7spouse or the family member, the spouse or family member to
8whom the vehicle was forfeited under the first forfeiture
9proceeding may not utilize the provisions of this paragraph in
10another forfeiture proceeding. If the owner of the vehicle
11seized owns more than one vehicle, the procedure set out in
12this paragraph may be used for only one vehicle.
13    (e) In addition, property subject to forfeiture under
14Section 40 of the Illinois Streetgang Terrorism Omnibus
15Prevention Act may be seized and forfeited under this Article.
16(Source: P.A. 102-982, eff. 7-1-23.)
 
17    Section 60. The Improper Supervision of Children Act is
18amended by changing Section 1 as follows:
 
19    (720 ILCS 640/1)  (from Ch. 23, par. 2369)
20    Sec. 1. Any parent, legal guardian or other person commits
21improper supervision of a child when he knowingly permits a
22child in his custody or control under the age of 18 years to
23associate with known thieves, burglars, felons, narcotic
24addicts or other persons of ill repute, visit a place of

 

 

HB3150- 223 -LRB103 28611 RLC 54992 b

1commercial sexual activity prostitution, commit a lewd act,
2commit an act tending to break the peace or violate a municipal
3curfew ordinance.
4(Source: Laws 1961, p. 2454.)
 
5    Section 65. The Code of Criminal Procedure of 1963 is
6amended by changing Sections 108B-3, 111-8, 115-6.1, 116-2.1,
7124B-10, 124B-100, and 124B-300 as follows:
 
8    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
9    Sec. 108B-3. Authorization for the interception of private
10communication.
11    (a) The State's Attorney, or a person designated in
12writing or by law to act for him and to perform his duties
13during his absence or disability, may authorize, in writing,
14an ex parte application to the chief judge of a court of
15competent jurisdiction for an order authorizing the
16interception of a private communication when no party has
17consented to the interception and (i) the interception may
18provide evidence of, or may assist in the apprehension of a
19person who has committed, is committing or is about to commit,
20a violation of Section 8-1(b) (solicitation of murder), 8-1.2
21(solicitation of murder for hire), 9-1 (first degree murder),
2210-9 (involuntary servitude, involuntary sexual servitude of a
23minor, or trafficking in persons), paragraph (1), (2), or (3)
24of subsection (a) of Section 11-14.4 (promoting commercial

 

 

HB3150- 224 -LRB103 28611 RLC 54992 b

1sexual exploitation of a child juvenile prostitution),
2subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3
3(promoting commercial sexual activity prostitution), 11-15.1
4(soliciting for a sexually exploited child minor engaged in
5prostitution), 11-16 (pandering), 11-17.1 (keeping a place of
6commercial sexual exploitation of a child juvenile
7prostitution), 11-18.1 (patronizing a sexually exploited child
8minor engaged in prostitution), 11-19.1 (juvenile pimping and
9aggravated juvenile pimping), or 29B-1 (money laundering) of
10the Criminal Code of 1961 or the Criminal Code of 2012, Section
11401, 401.1 (controlled substance trafficking), 405, 405.1
12(criminal drug conspiracy) or 407 of the Illinois Controlled
13Substances Act or any Section of the Methamphetamine Control
14and Community Protection Act, a violation of Section 24-2.1,
1524-2.2, 24-3, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
16subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9),
1724-1(a)(10), or 24-1(c) of the Criminal Code of 1961 or the
18Criminal Code of 2012 or conspiracy to commit money laundering
19or conspiracy to commit first degree murder; (ii) in response
20to a clear and present danger of imminent death or great bodily
21harm to persons resulting from: (1) a kidnapping or the
22holding of a hostage by force or the threat of the imminent use
23of force; or (2) the occupation by force or the threat of the
24imminent use of force of any premises, place, vehicle, vessel
25or aircraft; (iii) to aid an investigation or prosecution of a
26civil action brought under the Illinois Streetgang Terrorism

 

 

HB3150- 225 -LRB103 28611 RLC 54992 b

1Omnibus Prevention Act when there is probable cause to believe
2the interception of the private communication will provide
3evidence that a streetgang is committing, has committed, or
4will commit a second or subsequent gang-related offense or
5that the interception of the private communication will aid in
6the collection of a judgment entered under that Act; or (iv)
7upon information and belief that a streetgang has committed,
8is committing, or is about to commit a felony.
9    (b) The State's Attorney or a person designated in writing
10or by law to act for the State's Attorney and to perform his or
11her duties during his or her absence or disability, may
12authorize, in writing, an ex parte application to the chief
13judge of a circuit court for an order authorizing the
14interception of a private communication when no party has
15consented to the interception and the interception may provide
16evidence of, or may assist in the apprehension of a person who
17has committed, is committing or is about to commit, a
18violation of an offense under Article 29D of the Criminal Code
19of 1961 or the Criminal Code of 2012.
20    (b-1) Subsection (b) is inoperative on and after January
211, 2005.
22    (b-2) No conversations recorded or monitored pursuant to
23subsection (b) shall be made inadmissible in a court of law by
24virtue of subsection (b-1).
25    (c) As used in this Section, "streetgang" and
26"gang-related" have the meanings ascribed to them in Section

 

 

HB3150- 226 -LRB103 28611 RLC 54992 b

110 of the Illinois Streetgang Terrorism Omnibus Prevention
2Act.
3(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
497-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
5    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
6    Sec. 111-8. Orders of protection to prohibit domestic
7violence.
8    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
910-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1011-1.60, 11-14.3 that involves soliciting for a provider of
11commercial sexual activity prostitute, 11-14.4 that involves
12soliciting for a sexually exploited child juvenile prostitute,
1311-15, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
1412-2, 12-3, 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1,
1512-4.3, 12-4.6, 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5,
1612-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1,
1721-2, 21-3, or 26.5-2 of the Criminal Code of 1961 or the
18Criminal Code of 2012 or Section 1-1 of the Harassing and
19Obscene Communications Act is alleged in an information,
20complaint or indictment on file, and the alleged offender and
21victim are family or household members, as defined in the
22Illinois Domestic Violence Act of 1986, as now or hereafter
23amended, the People through the respective State's Attorneys
24may by separate petition and upon notice to the defendant,
25except as provided in subsection (c) herein, request the court

 

 

HB3150- 227 -LRB103 28611 RLC 54992 b

1to issue an order of protection.
2    (b) In addition to any other remedies specified in Section
3208 of the Illinois Domestic Violence Act of 1986, as now or
4hereafter amended, the order may direct the defendant to
5initiate no contact with the alleged victim or victims who are
6family or household members and to refrain from entering the
7residence, school or place of business of the alleged victim
8or victims.
9    (c) The court may grant emergency relief without notice
10upon a showing of immediate and present danger of abuse to the
11victim or minor children of the victim and may enter a
12temporary order pending notice and full hearing on the matter.
13(Source: P.A. 99-642, eff. 7-28-16.)
 
14    (725 ILCS 5/115-6.1)
15    Sec. 115-6.1. Commercial sexual activity Prostitution;
16affirmative defense.
17    (a) In prosecutions for commercial sexual activity
18prostitution, when the accused intends to raise at trial the
19affirmative defense provided in subsection (c-5) of Section
2011-14 of the Criminal Code of 2012 and has reason to believe
21that the evidence presented in asserting that defense may
22jeopardize the safety of the accused, courtroom personnel, or
23others impacted by human trafficking, the accused may file
24under seal a motion for an in camera hearing to review the
25accused's safety concerns. Upon receipt of the motion and

 

 

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1notice to the parties, the court shall conduct an in camera
2hearing, with counsel present, limited to review of potential
3safety concerns. The court shall cause an official record of
4the in camera hearing to be made, which shall be kept under
5seal. The court shall not consider the merits of the
6affirmative defense during the in camera review.
7    (b) If the court finds by a preponderance of the evidence
8that the assertion of an affirmative defense under subsection
9(c-5) of Section 11-14 of the Criminal Code of 2012 by the
10accused in open court would likely jeopardize the safety of
11the accused, court personnel, or other persons, the court may
12clear the courtroom with the agreement of the accused, order
13additional in camera hearings, seal the records, prohibit
14court personnel from disclosing the proceedings without prior
15court approval, or take any other appropriate measure that in
16the court's discretion will enhance the safety of the
17proceedings and ensure the accused a full and fair opportunity
18to assert his or her affirmative defense.
19    (c) Statements made by the accused during the in camera
20hearing to review safety concerns shall not be admissible
21against the accused for the crimes charged.
22(Source: P.A. 99-109, eff. 7-22-15.)
 
23    (725 ILCS 5/116-2.1)
24    Sec. 116-2.1. Motion to vacate commercial sexual activity
25prostitution convictions for sex trafficking victims.

 

 

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1    (a) A motion under this Section may be filed at any time
2following the entry of a verdict or finding of guilty where the
3conviction was under Section 11-14 (commercial sexual activity
4prostitution) or Section 11-14.2 (first offender; felony
5commercial sexual activity prostitution) of the Criminal Code
6of 1961 or the Criminal Code of 2012 or a similar local
7ordinance and the defendant's participation in the offense was
8a result of having been a trafficking victim under Section
910-9 (involuntary servitude, involuntary sexual servitude of a
10minor, or trafficking in persons) of the Criminal Code of 1961
11or the Criminal Code of 2012; or a victim of a severe form of
12trafficking under the federal Trafficking Victims Protection
13Act (22 U.S.C. Section 7102(13)); provided that:
14        (1) a motion under this Section shall state why the
15    facts giving rise to this motion were not presented to the
16    trial court, and shall be made with due diligence, after
17    the defendant has ceased to be a victim of such
18    trafficking or has sought services for victims of such
19    trafficking, subject to reasonable concerns for the safety
20    of the defendant, family members of the defendant, or
21    other victims of such trafficking that may be jeopardized
22    by the bringing of such motion, or for other reasons
23    consistent with the purpose of this Section; and
24        (2) reasonable notice of the motion shall be served
25    upon the State.
26    (b) The court may grant the motion if, in the discretion of

 

 

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1the court, the violation was a result of the defendant having
2been a victim of human trafficking. Evidence of such may
3include, but is not limited to:
4        (1) certified records of federal or State court
5    proceedings which demonstrate that the defendant was a
6    victim of a trafficker charged with a trafficking offense
7    under Section 10-9 of the Criminal Code of 1961 or the
8    Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
9        (2) certified records of "approval notices" or "law
10    enforcement certifications" generated from federal
11    immigration proceedings available to such victims; or
12        (3) a sworn statement from a trained professional
13    staff of a victim services organization, an attorney, a
14    member of the clergy, or a medical or other professional
15    from whom the defendant has sought assistance in
16    addressing the trauma associated with being trafficked.
17    Alternatively, the court may consider such other evidence
18as it deems of sufficient credibility and probative value in
19determining whether the defendant is a trafficking victim or
20victim of a severe form of trafficking.
21    (c) If the court grants a motion under this Section, it
22must vacate the conviction and may take such additional action
23as is appropriate in the circumstances.
24(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
2597-1150, eff. 1-25-13.)
 

 

 

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

 

 

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1    pornography).
2        (6) A violation of Section 11-20.1B or 11-20.3 of the
3    Criminal Code of 1961 (aggravated child pornography).
4        (6.5) A violation of Section 11-23.5 of the Criminal
5    Code of 2012.
6        (7) A violation of Section 12C-65 of the Criminal Code
7    of 2012 or Article 44 of the Criminal Code of 1961
8    (unlawful transfer of a telecommunications device to a
9    minor).
10        (8) A violation of Section 17-50 or Section 16D-5 of
11    the Criminal Code of 2012 or the Criminal Code of 1961
12    (computer fraud).
13        (9) A felony violation of Section 17-6.3 or Article
14    17B of the Criminal Code of 2012 or the Criminal Code of
15    1961 (WIC fraud).
16        (10) A felony violation of Section 48-1 of the
17    Criminal Code of 2012 or Section 26-5 of the Criminal Code
18    of 1961 (dog fighting).
19        (11) A violation of Article 29D of the Criminal Code
20    of 1961 or the Criminal Code of 2012 (terrorism).
21        (12) A felony violation of Section 4.01 of the Humane
22    Care for Animals Act (animals in entertainment).
23(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
2497-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
256-1-15.)
 

 

 

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1    (725 ILCS 5/124B-100)
2    Sec. 124B-100. Definition; "offense". For purposes of this
3Article, "offense" is defined as follows:
4        (1) In the case of forfeiture authorized under Section
5    10A-15 of the Criminal Code of 1961 or Section 10-9 of the
6    Criminal Code of 2012, "offense" means the offense of
7    involuntary servitude, involuntary servitude of a minor,
8    or trafficking in persons in violation of Section 10-9 or
9    10A-10 of those Codes.
10        (2) In the case of forfeiture authorized under
11    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    "offense" means the offense of promoting commercial sexual
14    exploitation of a child juvenile prostitution or keeping a
15    place of commercial sexual exploitation of a child
16    juvenile prostitution in violation of subdivision (a)(1)
17    of Section 11-14.4, or Section 11-17.1, of those Codes.
18        (3) In the case of forfeiture authorized under
19    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
20    of the Criminal Code of 1961 or the Criminal Code of 2012,
21    "offense" means the offense of promoting commercial sexual
22    exploitation of a child juvenile prostitution or
23    exploitation of a child in violation of subdivision (a)(4)
24    of Section 11-14.4, or Section 11-19.2, of those Codes.
25        (4) In the case of forfeiture authorized under Section
26    11-20 of the Criminal Code of 1961 or the Criminal Code of

 

 

HB3150- 234 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 235 -LRB103 28611 RLC 54992 b

1        (10) In the case of forfeiture authorized under
2    Section 29D-65 of the Criminal Code of 1961 or the
3    Criminal Code of 2012, "offense" means any offense under
4    Article 29D of that Code.
5        (11) In the case of forfeiture authorized under
6    Section 4.01 of the Humane Care for Animals Act, Section
7    26-5 of the Criminal Code of 1961, or Section 48-1 of the
8    Criminal Code of 2012, "offense" means any felony offense
9    under either of those Sections.
10        (12) In the case of forfeiture authorized under
11    Section 124B-1000(b) of the Code of Criminal Procedure of
12    1963, "offense" means an offense in violation of the
13    Criminal Code of 1961, the Criminal Code of 2012, the
14    Illinois Controlled Substances Act, the Cannabis Control
15    Act, or the Methamphetamine Control and Community
16    Protection Act, or an offense involving a
17    telecommunications device possessed by a person on the
18    real property of any elementary or secondary school
19    without authority of the school principal.
20(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
2197-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
221-1-13; 97-1150, eff. 1-25-13.)
 
23    (725 ILCS 5/124B-300)
24    Sec. 124B-300. Persons and property subject to forfeiture.
25A person who commits the offense of involuntary servitude,

 

 

HB3150- 236 -LRB103 28611 RLC 54992 b

1involuntary servitude of a minor, or trafficking of persons
2under Section 10A-10 or Section 10-9 of the Criminal Code of
31961 or the Criminal Code of 2012, promoting commercial sexual
4exploitation of a child juvenile prostitution, keeping a place
5of commercial sexual exploitation of a child juvenile
6prostitution, or promoting commercial sexual activity
7prostitution that involves keeping a place of commercial
8sexual activity prostitution under subsection (a)(1) or (a)(4)
9of Section 11-14.4 or under Section 11-14.3, 11-17.1, or
1011-19.2 of the Criminal Code of 1961 or of the Criminal Code of
112012 shall forfeit to the State of Illinois any profits or
12proceeds and any property he or she has acquired or maintained
13in violation of Section 10A-10 or Section 10-9 of the Criminal
14Code of 1961 or the Criminal Code of 2012, promoting
15commercial sexual exploitation of a child juvenile
16prostitution, keeping a place of commercial sexual
17exploitation of a child juvenile prostitution, or promoting
18commercial sexual activity prostitution that involves keeping
19a place of commercial sexual activity prostitution under
20subsection (a)(1) or (a)(4) of Section 11-14.4 or under
21Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of
221961 or of the Criminal Code of 2012 that the sentencing court
23determines, after a forfeiture hearing under this Article, to
24have been acquired or maintained as a result of maintaining a
25person in involuntary servitude or participating in
26trafficking of persons.

 

 

HB3150- 237 -LRB103 28611 RLC 54992 b

1(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)
 
2    Section 67. The Sexually Violent Persons Commitment Act is
3amended by changing Section 40 as follows:
 
4    (725 ILCS 207/40)
5    Sec. 40. Commitment.
6    (a) If a court or jury determines that the person who is
7the subject of a petition under Section 15 of this Act is a
8sexually violent person, the court shall order the person to
9be committed to the custody of the Department for control,
10care and treatment until such time as the person is no longer a
11sexually violent person.
12    (b)(1) The court shall enter an initial commitment order
13under this Section pursuant to a hearing held as soon as
14practicable after the judgment is entered that the person who
15is the subject of a petition under Section 15 is a sexually
16violent person. If the court lacks sufficient information to
17make the determination required by paragraph (b)(2) of this
18Section immediately after trial, it may adjourn the hearing
19and order the Department to conduct a predisposition
20investigation or a supplementary mental examination, or both,
21to assist the court in framing the commitment order. If the
22Department's examining evaluator previously rendered an
23opinion that the person who is the subject of a petition under
24Section 15 does not meet the criteria to be found a sexually

 

 

HB3150- 238 -LRB103 28611 RLC 54992 b

1violent person, then another evaluator shall conduct the
2predisposition investigation and/or supplementary mental
3examination. A supplementary mental examination under this
4Section shall be conducted in accordance with Section 3-804 of
5the Mental Health and Developmental Disabilities Code. The
6State has the right to have the person evaluated by experts
7chosen by the State.
8    (2) An order for commitment under this Section shall
9specify either institutional care in a secure facility, as
10provided under Section 50 of this Act, or conditional release.
11In determining whether commitment shall be for institutional
12care in a secure facility or for conditional release, the
13court shall consider the nature and circumstances of the
14behavior that was the basis of the allegation in the petition
15under paragraph (b)(1) of Section 15, the person's mental
16history and present mental condition, and what arrangements
17are available to ensure that the person has access to and will
18participate in necessary treatment. All treatment, whether in
19institutional care, in a secure facility, or while on
20conditional release, shall be conducted in conformance with
21the standards developed under the Sex Offender Management
22Board Act and conducted by a treatment provider licensed under
23the Sex Offender Evaluation and Treatment Provider Act. The
24Department shall arrange for control, care and treatment of
25the person in the least restrictive manner consistent with the
26requirements of the person and in accordance with the court's

 

 

HB3150- 239 -LRB103 28611 RLC 54992 b

1commitment order.
2    (3) If the court finds that the person is appropriate for
3conditional release, the court shall notify the Department.
4The Department shall prepare a plan that identifies the
5treatment and services, if any, that the person will receive
6in the community. The plan shall address the person's need, if
7any, for supervision, counseling, medication, community
8support services, residential services, vocational services,
9and alcohol or other drug abuse treatment. The Department may
10contract with a county health department, with another public
11agency or with a private agency to provide the treatment and
12services identified in the plan. The plan shall specify who
13will be responsible for providing the treatment and services
14identified in the plan. The plan shall be presented to the
15court for its approval within 60 days after the court finding
16that the person is appropriate for conditional release, unless
17the Department and the person to be released request
18additional time to develop the plan. The conditional release
19program operated under this Section is not subject to the
20provisions of the Mental Health and Developmental Disabilities
21Confidentiality Act.
22    (4) An order for conditional release places the person in
23the custody and control of the Department. A person on
24conditional release is subject to the conditions set by the
25court and to the rules of the Department. Before a person is
26placed on conditional release by the court under this Section,

 

 

HB3150- 240 -LRB103 28611 RLC 54992 b

1the court shall so notify the municipal police department and
2county sheriff for the municipality and county in which the
3person will be residing. The notification requirement under
4this Section does not apply if a municipal police department
5or county sheriff submits to the court a written statement
6waiving the right to be notified. Notwithstanding any other
7provision in the Act, the person being supervised on
8conditional release shall not reside at the same street
9address as another sex offender being supervised on
10conditional release under this Act, mandatory supervised
11release, parole, aftercare release, probation, or any other
12manner of supervision. If the Department alleges that a
13released person has violated any condition or rule, or that
14the safety of others requires that conditional release be
15revoked, he or she may be taken into custody under the rules of
16the Department.
17    At any time during which the person is on conditional
18release, if the Department determines that the person has
19violated any condition or rule, or that the safety of others
20requires that conditional release be revoked, the Department
21may request the Attorney General or State's Attorney to
22request the court to issue an emergency ex parte order
23directing any law enforcement officer to take the person into
24custody and transport the person to the county jail. The
25Department may request, or the Attorney General or State's
26Attorney may request independently of the Department, that a

 

 

HB3150- 241 -LRB103 28611 RLC 54992 b

1petition to revoke conditional release be filed. When a
2petition is filed, the court may order the Department to issue
3a notice to the person to be present at the Department or other
4agency designated by the court, order a summons to the person
5to be present, or order a body attachment for all law
6enforcement officers to take the person into custody and
7transport him or her to the county jail, hospital, or
8treatment facility. The Department shall submit a statement
9showing probable cause of the detention and a petition to
10revoke the order for conditional release to the committing
11court within 48 hours after the detention. The court shall
12hear the petition within 30 days, unless the hearing or time
13deadline is waived by the detained person. Pending the
14revocation hearing, the Department may detain the person in a
15jail, in a hospital or treatment facility. The State has the
16burden of proving by clear and convincing evidence that any
17rule or condition of release has been violated, or that the
18safety of others requires that the conditional release be
19revoked. If the court determines after hearing that any rule
20or condition of release has been violated, or that the safety
21of others requires that conditional release be revoked, it may
22revoke the order for conditional release and order that the
23released person be placed in an appropriate institution until
24the person is discharged from the commitment under Section 65
25of this Act or until again placed on conditional release under
26Section 60 of this Act.

 

 

HB3150- 242 -LRB103 28611 RLC 54992 b

1    (5) An order for conditional release places the person in
2the custody, care, and control of the Department. The court
3shall order the person be subject to the following rules of
4conditional release, in addition to any other conditions
5ordered, and the person shall be given a certificate setting
6forth the conditions of conditional release. These conditions
7shall be that the person:
8        (A) not violate any criminal statute of any
9    jurisdiction;
10        (B) report to or appear in person before such person
11    or agency as directed by the court and the Department;
12        (C) refrain from possession of a firearm or other
13    dangerous weapon;
14        (D) not leave the State without the consent of the
15    court or, in circumstances in which the reason for the
16    absence is of such an emergency nature, that prior consent
17    by the court is not possible without the prior
18    notification and approval of the Department;
19        (E) at the direction of the Department, notify third
20    parties of the risks that may be occasioned by his or her
21    criminal record or sexual offending history or
22    characteristics, and permit the supervising officer or
23    agent to make the notification requirement;
24        (F) attend and fully participate in assessment,
25    treatment, and behavior monitoring including, but not
26    limited to, medical, psychological or psychiatric

 

 

HB3150- 243 -LRB103 28611 RLC 54992 b

1    treatment specific to sexual offending, drug addiction, or
2    alcoholism, to the extent appropriate to the person based
3    upon the recommendation and findings made in the
4    Department evaluation or based upon any subsequent
5    recommendations by the Department;
6        (G) waive confidentiality allowing the court and
7    Department access to assessment or treatment results or
8    both;
9        (H) work regularly at a Department approved occupation
10    or pursue a course of study or vocational training and
11    notify the Department within 72 hours of any change in
12    employment, study, or training;
13        (I) not be employed or participate in any volunteer
14    activity that involves contact with children, except under
15    circumstances approved in advance and in writing by the
16    Department officer;
17        (J) submit to the search of his or her person,
18    residence, vehicle, or any personal or real property under
19    his or her control at any time by the Department;
20        (K) financially support his or her dependents and
21    provide the Department access to any requested financial
22    information;
23        (L) serve a term of home confinement, the conditions
24    of which shall be that the person:
25            (i) remain within the interior premises of the
26        place designated for his or her confinement during the

 

 

HB3150- 244 -LRB103 28611 RLC 54992 b

1        hours designated by the Department;
2            (ii) admit any person or agent designated by the
3        Department into the offender's place of confinement at
4        any time for purposes of verifying the person's
5        compliance with the condition of his or her
6        confinement;
7            (iii) if deemed necessary by the Department, be
8        placed on an electronic monitoring device;
9        (M) comply with the terms and conditions of an order
10    of protection issued by the court pursuant to the Illinois
11    Domestic Violence Act of 1986. A copy of the order of
12    protection shall be transmitted to the Department by the
13    clerk of the court;
14        (N) refrain from entering into a designated geographic
15    area except upon terms the Department finds appropriate.
16    The terms may include consideration of the purpose of the
17    entry, the time of day, others accompanying the person,
18    and advance approval by the Department;
19        (O) refrain from having any contact, including written
20    or oral communications, directly or indirectly, with
21    certain specified persons including, but not limited to,
22    the victim or the victim's family, and report any
23    incidental contact with the victim or the victim's family
24    to the Department within 72 hours; refrain from entering
25    onto the premises of, traveling past, or loitering near
26    the victim's residence, place of employment, or other

 

 

HB3150- 245 -LRB103 28611 RLC 54992 b

1    places frequented by the victim;
2        (P) refrain from having any contact, including written
3    or oral communications, directly or indirectly, with
4    particular types of persons, including but not limited to
5    members of street gangs, drug users, drug dealers, or
6    providers of commercial sexual activity prostitutes;
7        (Q) refrain from all contact, direct or indirect,
8    personally, by telephone, letter, or through another
9    person, with minor children without prior identification
10    and approval of the Department;
11        (R) refrain from having in his or her body the
12    presence of alcohol or any illicit drug prohibited by the
13    Cannabis Control Act, the Illinois Controlled Substances
14    Act, or the Methamphetamine Control and Community
15    Protection Act, unless prescribed by a physician, and
16    submit samples of his or her breath, saliva, blood, or
17    urine for tests to determine the presence of alcohol or
18    any illicit drug;
19        (S) not establish a dating, intimate, or sexual
20    relationship with a person without prior written
21    notification to the Department;
22        (T) neither possess or have under his or her control
23    any material that is pornographic, sexually oriented, or
24    sexually stimulating, or that depicts or alludes to sexual
25    activity or depicts minors under the age of 18, including
26    but not limited to visual, auditory, telephonic,

 

 

HB3150- 246 -LRB103 28611 RLC 54992 b

1    electronic media, or any matter obtained through access to
2    any computer or material linked to computer access use;
3        (U) not patronize any business providing sexually
4    stimulating or sexually oriented entertainment nor utilize
5    "900" or adult telephone numbers or any other sex-related
6    telephone numbers;
7        (V) not reside near, visit, or be in or about parks,
8    schools, day care centers, swimming pools, beaches,
9    theaters, or any other places where minor children
10    congregate without advance approval of the Department and
11    report any incidental contact with minor children to the
12    Department within 72 hours;
13        (W) not establish any living arrangement or residence
14    without prior approval of the Department;
15        (X) not publish any materials or print any
16    advertisements without providing a copy of the proposed
17    publications to the Department officer and obtaining
18    permission prior to publication;
19        (Y) not leave the county except with prior permission
20    of the Department and provide the Department officer or
21    agent with written travel routes to and from work and any
22    other designated destinations;
23        (Z) not possess or have under his or her control
24    certain specified items of contraband related to the
25    incidence of sexually offending items including video or
26    still camera items or children's toys;

 

 

HB3150- 247 -LRB103 28611 RLC 54992 b

1        (AA) provide a written daily log of activities as
2    directed by the Department;
3        (BB) comply with all other special conditions that the
4    Department may impose that restrict the person from
5    high-risk situations and limit access or potential
6    victims.
7    (6) A person placed on conditional release and who during
8the term undergoes mandatory drug or alcohol testing or is
9assigned to be placed on an approved electronic monitoring
10device may be ordered to pay all costs incidental to the
11mandatory drug or alcohol testing and all costs incidental to
12the approved electronic monitoring in accordance with the
13person's ability to pay those costs. The Department may
14establish reasonable fees for the cost of maintenance,
15testing, and incidental expenses related to the mandatory drug
16or alcohol testing and all costs incidental to approved
17electronic monitoring.
18(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.
1998-612 for the effective date of P.A. 97-1098); 98-558, eff.
201-1-14.)
 
21    Section 70. The Statewide Grand Jury Act is amended by
22changing Sections 2 and 3 as follows:
 
23    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
24    Sec. 2. (a) County grand juries and State's Attorneys have

 

 

HB3150- 248 -LRB103 28611 RLC 54992 b

1always had and shall continue to have primary responsibility
2for investigating, indicting, and prosecuting persons who
3violate the criminal laws of the State of Illinois. However,
4in recent years organized terrorist activity directed against
5innocent civilians and certain criminal enterprises have
6developed that require investigation, indictment, and
7prosecution on a statewide or multicounty level. The criminal
8enterprises exist as a result of the allure of profitability
9present in narcotic activity, the unlawful sale and transfer
10of firearms, and streetgang related felonies and organized
11terrorist activity is supported by the contribution of money
12and expert assistance from geographically diverse sources. In
13order to shut off the life blood of terrorism and weaken or
14eliminate the criminal enterprises, assets, and property used
15to further these offenses must be frozen, and any profit must
16be removed. State statutes exist that can accomplish that
17goal. Among them are the offense of money laundering,
18violations of Article 29D of the Criminal Code of 1961 or the
19Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
20and gunrunning. Local prosecutors need investigative personnel
21and specialized training to attack and eliminate these
22profits. In light of the transitory and complex nature of
23conduct that constitutes these criminal activities, the many
24diverse property interests that may be used, acquired directly
25or indirectly as a result of these criminal activities, and
26the many places that illegally obtained property may be

 

 

HB3150- 249 -LRB103 28611 RLC 54992 b

1located, it is the purpose of this Act to create a limited,
2multicounty Statewide Grand Jury with authority to
3investigate, indict, and prosecute: narcotic activity,
4including cannabis and controlled substance trafficking,
5narcotics racketeering, money laundering, violations of the
6Cannabis and Controlled Substances Tax Act, and violations of
7Article 29D of the Criminal Code of 1961 or the Criminal Code
8of 2012; the unlawful sale and transfer of firearms;
9gunrunning; and streetgang related felonies.
10    (b) A Statewide Grand Jury may also investigate, indict,
11and prosecute violations facilitated by the use of a computer
12of any of the following offenses: indecent solicitation of a
13child, sexual exploitation of a child, soliciting for a
14sexually exploited child juvenile prostitute, keeping a place
15of commercial sexual exploitation of a child juvenile
16prostitution, juvenile pimping, child pornography, aggravated
17child pornography, or promoting commercial sexual exploitation
18of a child juvenile prostitution except as described in
19subdivision (a)(4) of Section 11-14.4 of the Criminal Code of
201961 or the Criminal Code of 2012.
21    (c) A Statewide Grand Jury may also investigate, indict,
22and prosecute violations of organized retail crime.
23(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
 
24    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
25    Sec. 3. Written application for the appointment of a

 

 

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1Circuit Judge to convene and preside over a Statewide Grand
2Jury, with jurisdiction extending throughout the State, shall
3be made to the Chief Justice of the Supreme Court. Upon such
4written application, the Chief Justice of the Supreme Court
5shall appoint a Circuit Judge from the circuit where the
6Statewide Grand Jury is being sought to be convened, who shall
7make a determination that the convening of a Statewide Grand
8Jury is necessary.
9    In such application the Attorney General shall state that
10the convening of a Statewide Grand Jury is necessary because
11of an alleged offense or offenses set forth in this Section
12involving more than one county of the State and identifying
13any such offense alleged; and
14        (a) that he or she believes that the grand jury
15    function for the investigation and indictment of the
16    offense or offenses cannot effectively be performed by a
17    county grand jury together with the reasons for such
18    belief, and
19        (b)(1) that each State's Attorney with jurisdiction
20    over an offense or offenses to be investigated has
21    consented to the impaneling of the Statewide Grand Jury,
22    or
23        (2) if one or more of the State's Attorneys having
24    jurisdiction over an offense or offenses to be
25    investigated fails to consent to the impaneling of the
26    Statewide Grand Jury, the Attorney General shall set forth

 

 

HB3150- 251 -LRB103 28611 RLC 54992 b

1    good cause for impaneling the Statewide Grand Jury.
2    If the Circuit Judge determines that the convening of a
3Statewide Grand Jury is necessary, he or she shall convene and
4impanel the Statewide Grand Jury with jurisdiction extending
5throughout the State to investigate and return indictments:
6        (a) For violations of any of the following or for any
7    other criminal offense committed in the course of
8    violating any of the following: Article 29D of the
9    Criminal Code of 1961 or the Criminal Code of 2012, the
10    Illinois Controlled Substances Act, the Cannabis Control
11    Act, the Methamphetamine Control and Community Protection
12    Act, or the Narcotics Profit Forfeiture Act; a streetgang
13    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
14    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
15    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
16    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
17    of 1961 or the Criminal Code of 2012; or a money laundering
18    offense; provided that the violation or offense involves
19    acts occurring in more than one county of this State; and
20        (a-5) For violations facilitated by the use of a
21    computer, including the use of the Internet, the World
22    Wide Web, electronic mail, message board, newsgroup, or
23    any other commercial or noncommercial on-line service, of
24    any of the following offenses: indecent solicitation of a
25    child, sexual exploitation of a child, soliciting for a
26    sexually exploited child juvenile prostitute, keeping a

 

 

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1    place of commercial sexual exploitation of a child
2    juvenile prostitution, juvenile pimping, child
3    pornography, aggravated child pornography, or promoting
4    commercial sexual exploitation of a child juvenile
5    prostitution except as described in subdivision (a)(4) of
6    Section 11-14.4 of the Criminal Code of 1961 or the
7    Criminal Code of 2012; and
8        (b) For the offenses of perjury, subornation of
9    perjury, communicating with jurors and witnesses, and
10    harassment of jurors and witnesses, as they relate to
11    matters before the Statewide Grand Jury.
12    "Streetgang related" has the meaning ascribed to it in
13Section 10 of the Illinois Streetgang Terrorism Omnibus
14Prevention Act.
15    Upon written application by the Attorney General for the
16convening of an additional Statewide Grand Jury, the Chief
17Justice of the Supreme Court shall appoint a Circuit Judge
18from the circuit for which the additional Statewide Grand Jury
19is sought. The Circuit Judge shall determine the necessity for
20an additional Statewide Grand Jury in accordance with the
21provisions of this Section. No more than 2 Statewide Grand
22Juries may be empaneled at any time.
23(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
 
24    Section 75. The Unified Code of Corrections is amended by
25changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2,

 

 

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15-6-3, 5-6-3.1, 5-9-1.7, and 5-9-1.21 as follows:
 
2    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
3    Sec. 3-1-2. Definitions.
4    (a) "Chief Administrative Officer" means the person
5designated by the Director to exercise the powers and duties
6of the Department of Corrections in regard to committed
7persons within a correctional institution or facility, and
8includes the superintendent of any juvenile institution or
9facility.
10    (a-3) "Aftercare release" means the conditional and
11revocable release of a person committed to the Department of
12Juvenile Justice under the Juvenile Court Act of 1987, under
13the supervision of the Department of Juvenile Justice.
14    (a-5) "Sex offense" for the purposes of paragraph (16) of
15subsection (a) of Section 3-3-7, paragraph (10) of subsection
16(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
17Section 5-6-3.1 only means:
18        (i) A violation of any of the following Sections of
19    the Criminal Code of 1961 or the Criminal Code of 2012:
20    10-7 (aiding or abetting child abduction under Section
21    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
22    solicitation of a child), 11-6.5 (indecent solicitation of
23    an adult), 11-14.4 (promoting commercial sexual
24    exploitation of a child juvenile prostitution), 11-15.1
25    (soliciting for a sexually exploited child juvenile

 

 

HB3150- 254 -LRB103 28611 RLC 54992 b

1    prostitute), 11-17.1 (keeping a place of commercial sexual
2    exploitation of a child juvenile prostitution), 11-18.1
3    (patronizing a sexually exploited child juvenile
4    prostitute), 11-19.1 (juvenile pimping), 11-19.2
5    (exploitation of a child), 11-20.1 (child pornography),
6    11-20.1B or 11-20.3 (aggravated child pornography),
7    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
8    child), or 12-33 (ritualized abuse of a child). An attempt
9    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

 

 

HB3150- 255 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 256 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 257 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 258 -LRB103 28611 RLC 54992 b

1conditions justify revocation of parole or release, and to
2assume all other functions previously exercised by the
3Illinois Parole and Pardon Board.
4    (m) Whenever medical treatment, service, counseling, or
5care is referred to in this Unified Code of Corrections, such
6term may be construed by the Department or Court, within its
7discretion, to include treatment, service, or counseling by a
8Christian Science practitioner or nursing care appropriate
9therewith whenever request therefor is made by a person
10subject to the provisions of this Code.
11    (n) "Victim" shall have the meaning ascribed to it in
12subsection (a) of Section 3 of the Rights of Crime Victims and
13Witnesses Act.
14    (o) "Wrongfully imprisoned person" means a person who has
15been discharged from a prison of this State and has received:
16        (1) a pardon from the Governor stating that such
17    pardon is issued on the ground of innocence of the crime
18    for which he or she was imprisoned; or
19        (2) a certificate of innocence from the Circuit Court
20    as provided in Section 2-702 of the Code of Civil
21    Procedure.
22(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
 
23    (730 ILCS 5/3-2.5-95)
24    Sec. 3-2.5-95. Conditions of aftercare release.
25    (a) The conditions of aftercare release for all youth

 

 

HB3150- 259 -LRB103 28611 RLC 54992 b

1committed to the Department under the Juvenile Court Act of
21987 shall be such as the Department of Juvenile Justice deems
3necessary to assist the youth in leading a law-abiding life.
4The conditions of every aftercare release are that the youth:
5        (1) not violate any criminal statute of any
6    jurisdiction during the aftercare release term;
7        (2) refrain from possessing a firearm or other
8    dangerous weapon;
9        (3) report to an agent of the Department;
10        (4) permit the agent or aftercare specialist to visit
11    the youth at his or her home, employment, or elsewhere to
12    the extent necessary for the agent or aftercare specialist
13    to discharge his or her duties;
14        (5) reside at a Department-approved host site;
15        (6) secure permission before visiting or writing a
16    committed person in an Illinois Department of Corrections
17    or Illinois Department of Juvenile Justice facility;
18        (7) report all arrests to an agent of the Department
19    as soon as permitted by the arresting authority but in no
20    event later than 24 hours after release from custody and
21    immediately report service or notification of an order of
22    protection, a civil no contact order, or a stalking no
23    contact order to an agent of the Department;
24        (8) obtain permission of an agent of the Department
25    before leaving the State of Illinois;
26        (9) obtain permission of an agent of the Department

 

 

HB3150- 260 -LRB103 28611 RLC 54992 b

1    before changing his or her residence or employment;
2        (10) consent to a search of his or her person,
3    property, or residence under his or her control;
4        (11) refrain from the use or possession of narcotics
5    or other controlled substances in any form, or both, or
6    any paraphernalia related to those substances and submit
7    to a urinalysis test as instructed by an agent of the
8    Department;
9        (12) not frequent places where controlled substances
10    are illegally sold, used, distributed, or administered;
11        (13) not knowingly associate with other persons on
12    parole, aftercare release, or mandatory supervised release
13    without prior written permission of his or her aftercare
14    specialist and not associate with persons who are members
15    of an organized gang as that term is defined in the
16    Illinois Streetgang Terrorism Omnibus Prevention Act;
17        (14) provide true and accurate information, as it
18    relates to his or her adjustment in the community while on
19    aftercare release or to his or her conduct while
20    incarcerated, in response to inquiries by an agent of the
21    Department;
22        (15) follow any specific instructions provided by the
23    agent that are consistent with furthering conditions set
24    and approved by the Department or by law to achieve the
25    goals and objectives of his or her aftercare release or to
26    protect the public; these instructions by the agent may be

 

 

HB3150- 261 -LRB103 28611 RLC 54992 b

1    modified at any time, as the agent deems appropriate;
2        (16) comply with the terms and conditions of an order
3    of protection issued under the Illinois Domestic Violence
4    Act of 1986; an order of protection issued by the court of
5    another state, tribe, or United States territory; a no
6    contact order issued under the Civil No Contact Order Act;
7    or a no contact order issued under the Stalking No Contact
8    Order Act;
9        (17) if convicted of a sex offense as defined in the
10    Sex Offender Management Board Act, and a sex offender
11    treatment provider has evaluated and recommended further
12    sex offender treatment while on aftercare release, the
13    youth shall undergo treatment by a sex offender treatment
14    provider or associate sex offender provider as defined in
15    the Sex Offender Management Board Act at his or her
16    expense based on his or her ability to pay for the
17    treatment;
18        (18) if convicted of a sex offense as defined in the
19    Sex Offender Management Board Act, refrain from residing
20    at the same address or in the same condominium unit or
21    apartment unit or in the same condominium complex or
22    apartment complex with another person he or she knows or
23    reasonably should know is a convicted sex offender or has
24    been placed on supervision for a sex offense; the
25    provisions of this paragraph do not apply to a person
26    convicted of a sex offense who is placed in a Department of

 

 

HB3150- 262 -LRB103 28611 RLC 54992 b

1    Corrections licensed transitional housing facility for sex
2    offenders, or is in any facility operated or licensed by
3    the Department of Children and Family Services or by the
4    Department of Human Services, or is in any licensed
5    medical facility;
6        (19) if convicted for an offense that would qualify
7    the offender as a sexual predator under the Sex Offender
8    Registration Act wear an approved electronic monitoring
9    device as defined in Section 5-8A-2 for the duration of
10    the youth's aftercare release term and if convicted for an
11    offense of criminal sexual assault, aggravated criminal
12    sexual assault, predatory criminal sexual assault of a
13    child, criminal sexual abuse, aggravated criminal sexual
14    abuse, or ritualized abuse of a child when the victim was
15    under 18 years of age at the time of the commission of the
16    offense and the offender used force or the threat of force
17    in the commission of the offense wear an approved
18    electronic monitoring device as defined in Section 5-8A-2
19    that has Global Positioning System (GPS) capability for
20    the duration of the youth's aftercare release term;
21        (20) if convicted for an offense that would qualify
22    the offender as a child sex offender as defined in Section
23    11-9.3 or 11-9.4 of the Criminal Code of 1961 or the
24    Criminal Code of 2012, refrain from communicating with or
25    contacting, by means of the Internet, a person who is not
26    related to the offender and whom the offender reasonably

 

 

HB3150- 263 -LRB103 28611 RLC 54992 b

1    believes to be under 18 years of age; for purposes of this
2    paragraph (20), "Internet" has the meaning ascribed to it
3    in Section 16-0.1 of the Criminal Code of 2012; and a
4    person is not related to the offender if the person is not:
5    (A) the spouse, brother, or sister of the offender; (B) a
6    descendant of the offender; (C) a first or second cousin
7    of the offender; or (D) a step-child or adopted child of
8    the offender;
9        (21) if convicted under Section 11-6, 11-20.1,
10    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
11    or the Criminal Code of 2012, consent to search of
12    computers, PDAs, cellular phones, and other devices under
13    his or her control that are capable of accessing the
14    Internet or storing electronic files, in order to confirm
15    Internet protocol addresses reported in accordance with
16    the Sex Offender Registration Act and compliance with
17    conditions in this Act;
18        (22) if convicted for an offense that would qualify
19    the offender as a sex offender or sexual predator under
20    the Sex Offender Registration Act, not possess
21    prescription drugs for erectile dysfunction;
22        (23) if convicted for an offense under Section 11-6,
23    11-9.1, 11-14.4 that involves soliciting for a sexually
24    exploited child juvenile prostitute, 11-15.1, 11-20.1,
25    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
26    or the Criminal Code of 2012, or any attempt to commit any

 

 

HB3150- 264 -LRB103 28611 RLC 54992 b

1    of these offenses:
2            (A) not access or use a computer or any other
3        device with Internet capability without the prior
4        written approval of the Department;
5            (B) submit to periodic unannounced examinations of
6        the youth's computer or any other device with Internet
7        capability by the youth's aftercare specialist, a law
8        enforcement officer, or assigned computer or
9        information technology specialist, including the
10        retrieval and copying of all data from the computer or
11        device and any internal or external peripherals and
12        removal of the information, equipment, or device to
13        conduct a more thorough inspection;
14            (C) submit to the installation on the youth's
15        computer or device with Internet capability, at the
16        youth's expense, of one or more hardware or software
17        systems to monitor the Internet use; and
18            (D) submit to any other appropriate restrictions
19        concerning the youth's use of or access to a computer
20        or any other device with Internet capability imposed
21        by the Department or the youth's aftercare specialist;
22        (24) if convicted of a sex offense as defined in the
23    Sex Offender Registration Act, refrain from accessing or
24    using a social networking website as defined in Section
25    17-0.5 of the Criminal Code of 2012;
26        (25) if convicted of a sex offense as defined in

 

 

HB3150- 265 -LRB103 28611 RLC 54992 b

1    Section 2 of the Sex Offender Registration Act that
2    requires the youth to register as a sex offender under
3    that Act, not knowingly use any computer scrub software on
4    any computer that the youth uses;
5        (26) if convicted of a sex offense as defined in
6    subsection (a-5) of Section 3-1-2 of this Code, unless the
7    youth is a parent or guardian of a person under 18 years of
8    age present in the home and no non-familial minors are
9    present, not participate in a holiday event involving
10    children under 18 years of age, such as distributing candy
11    or other items to children on Halloween, wearing a Santa
12    Claus costume on or preceding Christmas, being employed as
13    a department store Santa Claus, or wearing an Easter Bunny
14    costume on or preceding Easter;
15        (27) if convicted of a violation of an order of
16    protection under Section 12-3.4 or Section 12-30 of the
17    Criminal Code of 1961 or the Criminal Code of 2012, be
18    placed under electronic surveillance as provided in
19    Section 5-8A-7 of this Code; and
20        (28) if convicted of a violation of the
21    Methamphetamine Control and Community Protection Act, the
22    Methamphetamine Precursor Control Act, or a
23    methamphetamine related offense, be:
24            (A) prohibited from purchasing, possessing, or
25        having under his or her control any product containing
26        pseudoephedrine unless prescribed by a physician; and

 

 

HB3150- 266 -LRB103 28611 RLC 54992 b

1            (B) prohibited from purchasing, possessing, or
2        having under his or her control any product containing
3        ammonium nitrate.
4    (b) The Department may in addition to other conditions
5require that the youth:
6        (1) work or pursue a course of study or vocational
7    training;
8        (2) undergo medical or psychiatric treatment, or
9    treatment for drug addiction or alcoholism;
10        (3) attend or reside in a facility established for the
11    instruction or residence of persons on probation or
12    aftercare release;
13        (4) support his or her dependents;
14        (5) if convicted for an offense that would qualify the
15    youth as a child sex offender as defined in Section 11-9.3
16    or 11-9.4 of the Criminal Code of 1961 or the Criminal Code
17    of 2012, refrain from communicating with or contacting, by
18    means of the Internet, a person who is related to the youth
19    and whom the youth reasonably believes to be under 18
20    years of age; for purposes of this paragraph (5),
21    "Internet" has the meaning ascribed to it in Section
22    16-0.1 of the Criminal Code of 2012; and a person is
23    related to the youth if the person is: (A) the spouse,
24    brother, or sister of the youth; (B) a descendant of the
25    youth; (C) a first or second cousin of the youth; or (D) a
26    step-child or adopted child of the youth;

 

 

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1        (6) if convicted for an offense that would qualify as
2    a sex offense as defined in the Sex Offender Registration
3    Act:
4            (A) not access or use a computer or any other
5        device with Internet capability without the prior
6        written approval of the Department;
7            (B) submit to periodic unannounced examinations of
8        the youth's computer or any other device with Internet
9        capability by the youth's aftercare specialist, a law
10        enforcement officer, or assigned computer or
11        information technology specialist, including the
12        retrieval and copying of all data from the computer or
13        device and any internal or external peripherals and
14        removal of the information, equipment, or device to
15        conduct a more thorough inspection;
16            (C) submit to the installation on the youth's
17        computer or device with Internet capability, at the
18        youth's offender's expense, of one or more hardware or
19        software systems to monitor the Internet use; and
20            (D) submit to any other appropriate restrictions
21        concerning the youth's use of or access to a computer
22        or any other device with Internet capability imposed
23        by the Department or the youth's aftercare specialist;
24        and
25        (7) in addition to other conditions:
26            (A) reside with his or her parents or in a foster

 

 

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1        home;
2            (B) attend school;
3            (C) attend a non-residential program for youth; or
4            (D) contribute to his or her own support at home or
5        in a foster home.
6    (c) In addition to the conditions under subsections (a)
7and (b) of this Section, youths required to register as sex
8offenders under the Sex Offender Registration Act, upon
9release from the custody of the Department of Juvenile
10Justice, may be required by the Department to comply with the
11following specific conditions of release:
12        (1) reside only at a Department approved location;
13        (2) comply with all requirements of the Sex Offender
14    Registration Act;
15        (3) notify third parties of the risks that may be
16    occasioned by his or her criminal record;
17        (4) obtain the approval of an agent of the Department
18    prior to accepting employment or pursuing a course of
19    study or vocational training and notify the Department
20    prior to any change in employment, study, or training;
21        (5) not be employed or participate in any volunteer
22    activity that involves contact with children, except under
23    circumstances approved in advance and in writing by an
24    agent of the Department;
25        (6) be electronically monitored for a specified period
26    of time from the date of release as determined by the

 

 

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1    Department;
2        (7) refrain from entering into a designated geographic
3    area except upon terms approved in advance by an agent of
4    the Department; these terms may include consideration of
5    the purpose of the entry, the time of day, and others
6    accompanying the youth;
7        (8) refrain from having any contact, including written
8    or oral communications, directly or indirectly, personally
9    or by telephone, letter, or through a third party with
10    certain specified persons including, but not limited to,
11    the victim or the victim's family without the prior
12    written approval of an agent of the Department;
13        (9) refrain from all contact, directly or indirectly,
14    personally, by telephone, letter, or through a third
15    party, with minor children without prior identification
16    and approval of an agent of the Department;
17        (10) neither possess or have under his or her control
18    any material that is sexually oriented, sexually
19    stimulating, or that shows male or female sex organs or
20    any pictures depicting children under 18 years of age nude
21    or any written or audio material describing sexual
22    intercourse or that depicts or alludes to sexual activity,
23    including, but not limited to, visual, auditory,
24    telephonic, or electronic media, or any matter obtained
25    through access to any computer or material linked to
26    computer access use;

 

 

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1        (11) not patronize any business providing sexually
2    stimulating or sexually oriented entertainment nor utilize
3    "900" or adult telephone numbers;
4        (12) not reside near, visit, or be in or about parks,
5    schools, day care centers, swimming pools, beaches,
6    theaters, or any other places where minor children
7    congregate without advance approval of an agent of the
8    Department and immediately report any incidental contact
9    with minor children to the Department;
10        (13) not possess or have under his or her control
11    certain specified items of contraband related to the
12    incidence of sexually offending as determined by an agent
13    of the Department;
14        (14) may be required to provide a written daily log of
15    activities if directed by an agent of the Department;
16        (15) comply with all other special conditions that the
17    Department may impose that restrict the youth from
18    high-risk situations and limit access to potential
19    victims;
20        (16) take an annual polygraph exam;
21        (17) maintain a log of his or her travel; or
22        (18) obtain prior approval of an agent of the
23    Department before driving alone in a motor vehicle.
24    (d) The conditions under which the aftercare release is to
25be served shall be communicated to the youth in writing prior
26to his or her release, and he or she shall sign the same before

 

 

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1release. A signed copy of these conditions, including a copy
2of an order of protection if one had been issued by the
3criminal court, shall be retained by the youth and another
4copy forwarded to the officer or aftercare specialist in
5charge of his or her supervision.
6    (e) After a revocation hearing under Section 3-3-9.5, the
7Department of Juvenile Justice may modify or enlarge the
8conditions of aftercare release.
9    (f) The Department shall inform all youth of the optional
10services available to them upon release and shall assist youth
11in availing themselves of the optional services upon their
12release on a voluntary basis.
13(Source: P.A. 99-628, eff. 1-1-17.)
 
14    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
15    Sec. 3-3-7. Conditions of parole or mandatory supervised
16release.
17    (a) The conditions of parole or mandatory supervised
18release shall be such as the Prisoner Review Board deems
19necessary to assist the subject in leading a law-abiding life.
20The conditions of every parole and mandatory supervised
21release are that the subject:
22        (1) not violate any criminal statute of any
23    jurisdiction during the parole or release term;
24        (2) refrain from possessing a firearm or other
25    dangerous weapon;

 

 

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1        (3) report to an agent of the Department of
2    Corrections;
3        (4) permit the agent to visit him or her at his or her
4    home, employment, or elsewhere to the extent necessary for
5    the agent to discharge his or her duties;
6        (5) attend or reside in a facility established for the
7    instruction or residence of persons on parole or mandatory
8    supervised release;
9        (6) secure permission before visiting or writing a
10    committed person in an Illinois Department of Corrections
11    facility;
12        (7) report all arrests to an agent of the Department
13    of Corrections as soon as permitted by the arresting
14    authority but in no event later than 24 hours after
15    release from custody and immediately report service or
16    notification of an order of protection, a civil no contact
17    order, or a stalking no contact order to an agent of the
18    Department of Corrections;
19        (7.5) if convicted of a sex offense as defined in the
20    Sex Offender Management Board Act, the individual shall
21    undergo and successfully complete sex offender treatment
22    conducted in conformance with the standards developed by
23    the Sex Offender Management Board Act by a treatment
24    provider approved by the Board;
25        (7.6) if convicted of a sex offense as defined in the
26    Sex Offender Management Board Act, refrain from residing

 

 

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1    at the same address or in the same condominium unit or
2    apartment unit or in the same condominium complex or
3    apartment complex with another person he or she knows or
4    reasonably should know is a convicted sex offender or has
5    been placed on supervision for a sex offense; the
6    provisions of this paragraph do not apply to a person
7    convicted of a sex offense who is placed in a Department of
8    Corrections licensed transitional housing facility for sex
9    offenders, or is in any facility operated or licensed by
10    the Department of Children and Family Services or by the
11    Department of Human Services, or is in any licensed
12    medical facility;
13        (7.7) if convicted for an offense that would qualify
14    the accused as a sexual predator under the Sex Offender
15    Registration Act on or after January 1, 2007 (the
16    effective date of Public Act 94-988), wear an approved
17    electronic monitoring device as defined in Section 5-8A-2
18    for the duration of the person's parole, mandatory
19    supervised release term, or extended mandatory supervised
20    release term and if convicted for an offense of criminal
21    sexual assault, aggravated criminal sexual assault,
22    predatory criminal sexual assault of a child, criminal
23    sexual abuse, aggravated criminal sexual abuse, or
24    ritualized abuse of a child committed on or after August
25    11, 2009 (the effective date of Public Act 96-236) when
26    the victim was under 18 years of age at the time of the

 

 

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1    commission of the offense and the defendant used force or
2    the threat of force in the commission of the offense wear
3    an approved electronic monitoring device as defined in
4    Section 5-8A-2 that has Global Positioning System (GPS)
5    capability for the duration of the person's parole,
6    mandatory supervised release term, or extended mandatory
7    supervised release term;
8        (7.8) if convicted for an offense committed on or
9    after June 1, 2008 (the effective date of Public Act
10    95-464) that would qualify the accused as a child sex
11    offender as defined in Section 11-9.3 or 11-9.4 of the
12    Criminal Code of 1961 or the Criminal Code of 2012,
13    refrain from communicating with or contacting, by means of
14    the Internet, a person who is not related to the accused
15    and whom the accused reasonably believes to be under 18
16    years of age; for purposes of this paragraph (7.8),
17    "Internet" has the meaning ascribed to it in Section
18    16-0.1 of the Criminal Code of 2012; and a person is not
19    related to the accused if the person is not: (i) the
20    spouse, brother, or sister of the accused; (ii) a
21    descendant of the accused; (iii) a first or second cousin
22    of the accused; or (iv) a step-child or adopted child of
23    the accused;
24        (7.9) if convicted under Section 11-6, 11-20.1,
25    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
26    or the Criminal Code of 2012, consent to search of

 

 

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1    computers, PDAs, cellular phones, and other devices under
2    his or her control that are capable of accessing the
3    Internet or storing electronic files, in order to confirm
4    Internet protocol addresses reported in accordance with
5    the Sex Offender Registration Act and compliance with
6    conditions in this Act;
7        (7.10) if convicted for an offense that would qualify
8    the accused as a sex offender or sexual predator under the
9    Sex Offender Registration Act on or after June 1, 2008
10    (the effective date of Public Act 95-640), not possess
11    prescription drugs for erectile dysfunction;
12        (7.11) if convicted for an offense under Section 11-6,
13    11-9.1, 11-14.4 that involves soliciting for a sexually
14    exploited child juvenile prostitute, 11-15.1, 11-20.1,
15    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
16    or the Criminal Code of 2012, or any attempt to commit any
17    of these offenses, committed on or after June 1, 2009 (the
18    effective date of Public Act 95-983):
19            (i) not access or use a computer or any other
20        device with Internet capability without the prior
21        written approval of the Department;
22            (ii) submit to periodic unannounced examinations
23        of the offender's computer or any other device with
24        Internet capability by the offender's supervising
25        agent, a law enforcement officer, or assigned computer
26        or information technology specialist, including the

 

 

HB3150- 276 -LRB103 28611 RLC 54992 b

1        retrieval and copying of all data from the computer or
2        device and any internal or external peripherals and
3        removal of such information, equipment, or device to
4        conduct a more thorough inspection;
5            (iii) submit to the installation on the offender's
6        computer or device with Internet capability, at the
7        offender's expense, of one or more hardware or
8        software systems to monitor the Internet use; and
9            (iv) submit to any other appropriate restrictions
10        concerning the offender's use of or access to a
11        computer or any other device with Internet capability
12        imposed by the Board, the Department or the offender's
13        supervising agent;
14        (7.12) if convicted of a sex offense as defined in the
15    Sex Offender Registration Act committed on or after
16    January 1, 2010 (the effective date of Public Act 96-262),
17    refrain from accessing or using a social networking
18    website as defined in Section 17-0.5 of the Criminal Code
19    of 2012;
20        (7.13) if convicted of a sex offense as defined in
21    Section 2 of the Sex Offender Registration Act committed
22    on or after January 1, 2010 (the effective date of Public
23    Act 96-362) that requires the person to register as a sex
24    offender under that Act, may not knowingly use any
25    computer scrub software on any computer that the sex
26    offender uses;

 

 

HB3150- 277 -LRB103 28611 RLC 54992 b

1        (8) obtain permission of an agent of the Department of
2    Corrections before leaving the State of Illinois;
3        (9) obtain permission of an agent of the Department of
4    Corrections before changing his or her residence or
5    employment;
6        (10) consent to a search of his or her person,
7    property, or residence under his or her control;
8        (11) refrain from the use or possession of narcotics
9    or other controlled substances in any form, or both, or
10    any paraphernalia related to those substances and submit
11    to a urinalysis test as instructed by a parole agent of the
12    Department of Corrections;
13        (12) not knowingly frequent places where controlled
14    substances are illegally sold, used, distributed, or
15    administered;
16        (13) except when the association described in either
17    subparagraph (A) or (B) of this paragraph (13) involves
18    activities related to community programs, worship
19    services, volunteering, engaging families, or some other
20    pro-social activity in which there is no evidence of
21    criminal intent:
22            (A) not knowingly associate with other persons on
23        parole or mandatory supervised release without prior
24        written permission of his or her parole agent; or
25            (B) not knowingly associate with persons who are
26        members of an organized gang as that term is defined in

 

 

HB3150- 278 -LRB103 28611 RLC 54992 b

1        the Illinois Streetgang Terrorism Omnibus Prevention
2        Act;
3        (14) provide true and accurate information, as it
4    relates to his or her adjustment in the community while on
5    parole or mandatory supervised release or to his or her
6    conduct while incarcerated, in response to inquiries by
7    his or her parole agent or of the Department of
8    Corrections;
9        (15) follow any specific instructions provided by the
10    parole agent that are consistent with furthering
11    conditions set and approved by the Prisoner Review Board
12    or by law, exclusive of placement on electronic detention,
13    to achieve the goals and objectives of his or her parole or
14    mandatory supervised release or to protect the public.
15    These instructions by the parole agent may be modified at
16    any time, as the agent deems appropriate;
17        (16) if convicted of a sex offense as defined in
18    subsection (a-5) of Section 3-1-2 of this Code, unless the
19    offender is a parent or guardian of the person under 18
20    years of age present in the home and no non-familial
21    minors are present, not participate in a holiday event
22    involving children under 18 years of age, such as
23    distributing candy or other items to children on
24    Halloween, wearing a Santa Claus costume on or preceding
25    Christmas, being employed as a department store Santa
26    Claus, or wearing an Easter Bunny costume on or preceding

 

 

HB3150- 279 -LRB103 28611 RLC 54992 b

1    Easter;
2        (17) if convicted of a violation of an order of
3    protection under Section 12-3.4 or Section 12-30 of the
4    Criminal Code of 1961 or the Criminal Code of 2012, be
5    placed under electronic surveillance as provided in
6    Section 5-8A-7 of this Code;
7        (18) comply with the terms and conditions of an order
8    of protection issued pursuant to the Illinois Domestic
9    Violence Act of 1986; an order of protection issued by the
10    court of another state, tribe, or United States territory;
11    a no contact order issued pursuant to the Civil No Contact
12    Order Act; or a no contact order issued pursuant to the
13    Stalking No Contact Order Act;
14        (19) if convicted of a violation of the
15    Methamphetamine Control and Community Protection Act, the
16    Methamphetamine Precursor Control Act, or a
17    methamphetamine related offense, be:
18            (A) prohibited from purchasing, possessing, or
19        having under his or her control any product containing
20        pseudoephedrine unless prescribed by a physician; and
21            (B) prohibited from purchasing, possessing, or
22        having under his or her control any product containing
23        ammonium nitrate;
24        (20) if convicted of a hate crime under Section 12-7.1
25    of the Criminal Code of 2012, perform public or community
26    service of no less than 200 hours and enroll in an

 

 

HB3150- 280 -LRB103 28611 RLC 54992 b

1    educational program discouraging hate crimes involving the
2    protected class identified in subsection (a) of Section
3    12-7.1 of the Criminal Code of 2012 that gave rise to the
4    offense the offender committed ordered by the court; and
5        (21) be evaluated by the Department of Corrections
6    prior to release using a validated risk assessment and be
7    subject to a corresponding level of supervision. In
8    accordance with the findings of that evaluation:
9            (A) All subjects found to be at a moderate or high
10        risk to recidivate, or on parole or mandatory
11        supervised release for first degree murder, a forcible
12        felony as defined in Section 2-8 of the Criminal Code
13        of 2012, any felony that requires registration as a
14        sex offender under the Sex Offender Registration Act,
15        or a Class X felony or Class 1 felony that is not a
16        violation of the Cannabis Control Act, the Illinois
17        Controlled Substances Act, or the Methamphetamine
18        Control and Community Protection Act, shall be subject
19        to high level supervision. The Department shall define
20        high level supervision based upon evidence-based and
21        research-based practices. Notwithstanding this
22        placement on high level supervision, placement of the
23        subject on electronic monitoring or detention shall
24        not occur unless it is required by law or expressly
25        ordered or approved by the Prisoner Review Board.
26            (B) All subjects found to be at a low risk to

 

 

HB3150- 281 -LRB103 28611 RLC 54992 b

1        recidivate shall be subject to low-level supervision,
2        except for those subjects on parole or mandatory
3        supervised release for first degree murder, a forcible
4        felony as defined in Section 2-8 of the Criminal Code
5        of 2012, any felony that requires registration as a
6        sex offender under the Sex Offender Registration Act,
7        or a Class X felony or Class 1 felony that is not a
8        violation of the Cannabis Control Act, the Illinois
9        Controlled Substances Act, or the Methamphetamine
10        Control and Community Protection Act. Low level
11        supervision shall require the subject to check in with
12        the supervising officer via phone or other electronic
13        means. Notwithstanding this placement on low level
14        supervision, placement of the subject on electronic
15        monitoring or detention shall not occur unless it is
16        required by law or expressly ordered or approved by
17        the Prisoner Review Board.
18    (b) The Board may in addition to other conditions require
19that the subject:
20        (1) work or pursue a course of study or vocational
21    training;
22        (2) undergo medical or psychiatric treatment, or
23    treatment for drug addiction or alcoholism;
24        (3) attend or reside in a facility established for the
25    instruction or residence of persons on probation or
26    parole;

 

 

HB3150- 282 -LRB103 28611 RLC 54992 b

1        (4) support his or her dependents;
2        (5) (blank);
3        (6) (blank);
4        (7) (blank);
5        (7.5) if convicted for an offense committed on or
6    after the effective date of this amendatory Act of the
7    95th General Assembly that would qualify the accused as a
8    child sex offender as defined in Section 11-9.3 or 11-9.4
9    of the Criminal Code of 1961 or the Criminal Code of 2012,
10    refrain from communicating with or contacting, by means of
11    the Internet, a person who is related to the accused and
12    whom the accused reasonably believes to be under 18 years
13    of age; for purposes of this paragraph (7.5), "Internet"
14    has the meaning ascribed to it in Section 16-0.1 of the
15    Criminal Code of 2012; and a person is related to the
16    accused if the person is: (i) the spouse, brother, or
17    sister of the accused; (ii) a descendant of the accused;
18    (iii) a first or second cousin of the accused; or (iv) a
19    step-child or adopted child of the accused;
20        (7.6) if convicted for an offense committed on or
21    after June 1, 2009 (the effective date of Public Act
22    95-983) that would qualify as a sex offense as defined in
23    the Sex Offender Registration Act:
24            (i) not access or use a computer or any other
25        device with Internet capability without the prior
26        written approval of the Department;

 

 

HB3150- 283 -LRB103 28611 RLC 54992 b

1            (ii) submit to periodic unannounced examinations
2        of the offender's computer or any other device with
3        Internet capability by the offender's supervising
4        agent, a law enforcement officer, or assigned computer
5        or information technology specialist, including the
6        retrieval and copying of all data from the computer or
7        device and any internal or external peripherals and
8        removal of such information, equipment, or device to
9        conduct a more thorough inspection;
10            (iii) submit to the installation on the offender's
11        computer or device with Internet capability, at the
12        offender's expense, of one or more hardware or
13        software systems to monitor the Internet use; and
14            (iv) submit to any other appropriate restrictions
15        concerning the offender's use of or access to a
16        computer or any other device with Internet capability
17        imposed by the Board, the Department or the offender's
18        supervising agent; and
19        (8) in addition, if a minor:
20            (i) reside with his or her parents or in a foster
21        home;
22            (ii) attend school;
23            (iii) attend a non-residential program for youth;
24        or
25            (iv) contribute to his or her own support at home
26        or in a foster home.

 

 

HB3150- 284 -LRB103 28611 RLC 54992 b

1    (b-1) In addition to the conditions set forth in
2subsections (a) and (b), persons required to register as sex
3offenders pursuant to the Sex Offender Registration Act, upon
4release from the custody of the Illinois Department of
5Corrections, may be required by the Board to comply with the
6following specific conditions of release:
7        (1) reside only at a Department approved location;
8        (2) comply with all requirements of the Sex Offender
9    Registration Act;
10        (3) notify third parties of the risks that may be
11    occasioned by his or her criminal record;
12        (4) obtain the approval of an agent of the Department
13    of Corrections prior to accepting employment or pursuing a
14    course of study or vocational training and notify the
15    Department prior to any change in employment, study, or
16    training;
17        (5) not be employed or participate in any volunteer
18    activity that involves contact with children, except under
19    circumstances approved in advance and in writing by an
20    agent of the Department of Corrections;
21        (6) be electronically monitored for a minimum of 12
22    months from the date of release as determined by the
23    Board;
24        (7) refrain from entering into a designated geographic
25    area except upon terms approved in advance by an agent of
26    the Department of Corrections. The terms may include

 

 

HB3150- 285 -LRB103 28611 RLC 54992 b

1    consideration of the purpose of the entry, the time of
2    day, and others accompanying the person;
3        (8) refrain from having any contact, including written
4    or oral communications, directly or indirectly, personally
5    or by telephone, letter, or through a third party with
6    certain specified persons including, but not limited to,
7    the victim or the victim's family without the prior
8    written approval of an agent of the Department of
9    Corrections;
10        (9) refrain from all contact, directly or indirectly,
11    personally, by telephone, letter, or through a third
12    party, with minor children without prior identification
13    and approval of an agent of the Department of Corrections;
14        (10) neither possess or have under his or her control
15    any material that is sexually oriented, sexually
16    stimulating, or that shows male or female sex organs or
17    any pictures depicting children under 18 years of age nude
18    or any written or audio material describing sexual
19    intercourse or that depicts or alludes to sexual activity,
20    including but not limited to visual, auditory, telephonic,
21    or electronic media, or any matter obtained through access
22    to any computer or material linked to computer access use;
23        (11) not patronize any business providing sexually
24    stimulating or sexually oriented entertainment nor utilize
25    "900" or adult telephone numbers;
26        (12) not reside near, visit, or be in or about parks,

 

 

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1    schools, day care centers, swimming pools, beaches,
2    theaters, or any other places where minor children
3    congregate without advance approval of an agent of the
4    Department of Corrections and immediately report any
5    incidental contact with minor children to the Department;
6        (13) not possess or have under his or her control
7    certain specified items of contraband related to the
8    incidence of sexually offending as determined by an agent
9    of the Department of Corrections;
10        (14) may be required to provide a written daily log of
11    activities if directed by an agent of the Department of
12    Corrections;
13        (15) comply with all other special conditions that the
14    Department may impose that restrict the person from
15    high-risk situations and limit access to potential
16    victims;
17        (16) take an annual polygraph exam;
18        (17) maintain a log of his or her travel; or
19        (18) obtain prior approval of his or her parole
20    officer before driving alone in a motor vehicle.
21    (c) The conditions under which the parole or mandatory
22supervised release is to be served shall be communicated to
23the person in writing prior to his or her release, and he or
24she shall sign the same before release. A signed copy of these
25conditions, including a copy of an order of protection where
26one had been issued by the criminal court, shall be retained by

 

 

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1the person and another copy forwarded to the officer in charge
2of his or her supervision.
3    (d) After a hearing under Section 3-3-9, the Prisoner
4Review Board may modify or enlarge the conditions of parole or
5mandatory supervised release.
6    (e) The Department shall inform all offenders committed to
7the Department of the optional services available to them upon
8release and shall assist inmates in availing themselves of
9such optional services upon their release on a voluntary
10basis.
11    (f) (Blank).
12(Source: P.A. 100-201, eff. 8-18-17; 100-260, eff. 1-1-18;
13100-575, eff. 1-8-18; 101-382, eff. 8-16-19.)
 
14    (730 ILCS 5/5-5-3)
15    Sec. 5-5-3. Disposition.
16    (a) (Blank).
17    (b) (Blank).
18    (c) (1) (Blank).
19    (2) A period of probation, a term of periodic imprisonment
20or conditional discharge shall not be imposed for the
21following offenses. The court shall sentence the offender to
22not less than the minimum term of imprisonment set forth in
23this Code for the following offenses, and may order a fine or
24restitution or both in conjunction with such term of
25imprisonment:

 

 

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1        (A) First degree murder where the death penalty is not
2    imposed.
3        (B) Attempted first degree murder.
4        (C) A Class X felony.
5        (D) A violation of Section 401.1 or 407 of the
6    Illinois Controlled Substances Act, or a violation of
7    subdivision (c)(1.5) of Section 401 of that Act which
8    relates to more than 5 grams of a substance containing
9    fentanyl or an analog thereof.
10        (D-5) A violation of subdivision (c)(1) of Section 401
11    of the Illinois Controlled Substances Act which relates to
12    3 or more grams of a substance containing heroin or an
13    analog thereof.
14        (E) (Blank).
15        (F) A Class 1 or greater felony if the offender had
16    been convicted of a Class 1 or greater felony, including
17    any state or federal conviction for an offense that
18    contained, at the time it was committed, the same elements
19    as an offense now (the date of the offense committed after
20    the prior Class 1 or greater felony) classified as a Class
21    1 or greater felony, within 10 years of the date on which
22    the offender committed the offense for which he or she is
23    being sentenced, except as otherwise provided in Section
24    40-10 of the Substance Use Disorder Act.
25        (F-3) A Class 2 or greater felony sex offense or
26    felony firearm offense if the offender had been convicted

 

 

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1    of a Class 2 or greater felony, including any state or
2    federal conviction for an offense that contained, at the
3    time it was committed, the same elements as an offense now
4    (the date of the offense committed after the prior Class 2
5    or greater felony) classified as a Class 2 or greater
6    felony, within 10 years of the date on which the offender
7    committed the offense for which he or she is being
8    sentenced, except as otherwise provided in Section 40-10
9    of the Substance Use Disorder Act.
10        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
11    of the Criminal Code of 1961 or the Criminal Code of 2012
12    for which imprisonment is prescribed in those Sections.
13        (G) Residential burglary, except as otherwise provided
14    in Section 40-10 of the Substance Use Disorder Act.
15        (H) Criminal sexual assault.
16        (I) Aggravated battery of a senior citizen as
17    described in Section 12-4.6 or subdivision (a)(4) of
18    Section 12-3.05 of the Criminal Code of 1961 or the
19    Criminal Code of 2012.
20        (J) A forcible felony if the offense was related to
21    the activities of an organized gang.
22        Before July 1, 1994, for the purposes of this
23    paragraph, "organized gang" means an association of 5 or
24    more persons, with an established hierarchy, that
25    encourages members of the association to perpetrate crimes
26    or provides support to the members of the association who

 

 

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

 

 

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

 

 

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1    the age of 18 years or an offense that is substantially
2    equivalent to those offenses.
3        (W) A violation of Section 24-3.5 of the Criminal Code
4    of 1961 or the Criminal Code of 2012.
5        (X) A violation of subsection (a) of Section 31-1a of
6    the Criminal Code of 1961 or the Criminal Code of 2012.
7        (Y) A conviction for unlawful possession of a firearm
8    by a street gang member when the firearm was loaded or
9    contained firearm ammunition.
10        (Z) A Class 1 felony committed while he or she was
11    serving a term of probation or conditional discharge for a
12    felony.
13        (AA) Theft of property exceeding $500,000 and not
14    exceeding $1,000,000 in value.
15        (BB) Laundering of criminally derived property of a
16    value exceeding $500,000.
17        (CC) Knowingly selling, offering for sale, holding for
18    sale, or using 2,000 or more counterfeit items or
19    counterfeit items having a retail value in the aggregate
20    of $500,000 or more.
21        (DD) A conviction for aggravated assault under
22    paragraph (6) of subsection (c) of Section 12-2 of the
23    Criminal Code of 1961 or the Criminal Code of 2012 if the
24    firearm is aimed toward the person against whom the
25    firearm is being used.
26        (EE) A conviction for a violation of paragraph (2) of

 

 

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1    subsection (a) of Section 24-3B of the Criminal Code of
2    2012.
3    (3) (Blank).
4    (4) A minimum term of imprisonment of not less than 10
5consecutive days or 30 days of community service shall be
6imposed for a violation of paragraph (c) of Section 6-303 of
7the Illinois Vehicle Code.
8    (4.1) (Blank).
9    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
10this subsection (c), a minimum of 100 hours of community
11service shall be imposed for a second violation of Section
126-303 of the Illinois Vehicle Code.
13    (4.3) A minimum term of imprisonment of 30 days or 300
14hours of community service, as determined by the court, shall
15be imposed for a second violation of subsection (c) of Section
166-303 of the Illinois Vehicle Code.
17    (4.4) Except as provided in paragraphs (4.5), (4.6), and
18(4.9) of this subsection (c), a minimum term of imprisonment
19of 30 days or 300 hours of community service, as determined by
20the court, shall be imposed for a third or subsequent
21violation of Section 6-303 of the Illinois Vehicle Code. The
22court may give credit toward the fulfillment of community
23service hours for participation in activities and treatment as
24determined by court services.
25    (4.5) A minimum term of imprisonment of 30 days shall be
26imposed for a third violation of subsection (c) of Section

 

 

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16-303 of the Illinois Vehicle Code.
2    (4.6) Except as provided in paragraph (4.10) of this
3subsection (c), a minimum term of imprisonment of 180 days
4shall be imposed for a fourth or subsequent violation of
5subsection (c) of Section 6-303 of the Illinois Vehicle Code.
6    (4.7) A minimum term of imprisonment of not less than 30
7consecutive days, or 300 hours of community service, shall be
8imposed for a violation of subsection (a-5) of Section 6-303
9of the Illinois Vehicle Code, as provided in subsection (b-5)
10of that Section.
11    (4.8) A mandatory prison sentence shall be imposed for a
12second violation of subsection (a-5) of Section 6-303 of the
13Illinois Vehicle Code, as provided in subsection (c-5) of that
14Section. The person's driving privileges shall be revoked for
15a period of not less than 5 years from the date of his or her
16release from prison.
17    (4.9) A mandatory prison sentence of not less than 4 and
18not more than 15 years shall be imposed for a third violation
19of subsection (a-5) of Section 6-303 of the Illinois Vehicle
20Code, as provided in subsection (d-2.5) of that Section. The
21person's driving privileges shall be revoked for the remainder
22of his or her life.
23    (4.10) A mandatory prison sentence for a Class 1 felony
24shall be imposed, and the person shall be eligible for an
25extended term sentence, for a fourth or subsequent violation
26of subsection (a-5) of Section 6-303 of the Illinois Vehicle

 

 

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1Code, as provided in subsection (d-3.5) of that Section. The
2person's driving privileges shall be revoked for the remainder
3of his or her life.
4    (5) The court may sentence a corporation or unincorporated
5association convicted of any offense to:
6        (A) a period of conditional discharge;
7        (B) a fine;
8        (C) make restitution to the victim under Section 5-5-6
9    of this Code.
10    (5.1) In addition to any other penalties imposed, and
11except as provided in paragraph (5.2) or (5.3), a person
12convicted of violating subsection (c) of Section 11-907 of the
13Illinois Vehicle Code shall have his or her driver's license,
14permit, or privileges suspended for at least 90 days but not
15more than one year, if the violation resulted in damage to the
16property of another person.
17    (5.2) In addition to any other penalties imposed, and
18except as provided in paragraph (5.3), a person convicted of
19violating subsection (c) of Section 11-907 of the Illinois
20Vehicle Code shall have his or her driver's license, permit,
21or privileges suspended for at least 180 days but not more than
222 years, if the violation resulted in injury to another
23person.
24    (5.3) In addition to any other penalties imposed, a person
25convicted of violating subsection (c) of Section 11-907 of the
26Illinois Vehicle Code shall have his or her driver's license,

 

 

HB3150- 296 -LRB103 28611 RLC 54992 b

1permit, or privileges suspended for 2 years, if the violation
2resulted in the death of another person.
3    (5.4) In addition to any other penalties imposed, a person
4convicted of violating Section 3-707 of the Illinois Vehicle
5Code shall have his or her driver's license, permit, or
6privileges suspended for 3 months and until he or she has paid
7a reinstatement fee of $100.
8    (5.5) In addition to any other penalties imposed, a person
9convicted of violating Section 3-707 of the Illinois Vehicle
10Code during a period in which his or her driver's license,
11permit, or privileges were suspended for a previous violation
12of that Section shall have his or her driver's license,
13permit, or privileges suspended for an additional 6 months
14after the expiration of the original 3-month suspension and
15until he or she has paid a reinstatement fee of $100.
16    (6) (Blank).
17    (7) (Blank).
18    (8) (Blank).
19    (9) A defendant convicted of a second or subsequent
20offense of ritualized abuse of a child may be sentenced to a
21term of natural life imprisonment.
22    (10) (Blank).
23    (11) The court shall impose a minimum fine of $1,000 for a
24first offense and $2,000 for a second or subsequent offense
25upon a person convicted of or placed on supervision for
26battery when the individual harmed was a sports official or

 

 

HB3150- 297 -LRB103 28611 RLC 54992 b

1coach at any level of competition and the act causing harm to
2the sports official or coach occurred within an athletic
3facility or within the immediate vicinity of the athletic
4facility at which the sports official or coach was an active
5participant of the athletic contest held at the athletic
6facility. For the purposes of this paragraph (11), "sports
7official" means a person at an athletic contest who enforces
8the rules of the contest, such as an umpire or referee;
9"athletic facility" means an indoor or outdoor playing field
10or recreational area where sports activities are conducted;
11and "coach" means a person recognized as a coach by the
12sanctioning authority that conducted the sporting event.
13    (12) A person may not receive a disposition of court
14supervision for a violation of Section 5-16 of the Boat
15Registration and Safety Act if that person has previously
16received a disposition of court supervision for a violation of
17that Section.
18    (13) A person convicted of or placed on court supervision
19for an assault or aggravated assault when the victim and the
20offender are family or household members as defined in Section
21103 of the Illinois Domestic Violence Act of 1986 or convicted
22of domestic battery or aggravated domestic battery may be
23required to attend a Partner Abuse Intervention Program under
24protocols set forth by the Illinois Department of Human
25Services under such terms and conditions imposed by the court.
26The costs of such classes shall be paid by the offender.

 

 

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1    (d) In any case in which a sentence originally imposed is
2vacated, the case shall be remanded to the trial court. The
3trial court shall hold a hearing under Section 5-4-1 of this
4Code which may include evidence of the defendant's life, moral
5character and occupation during the time since the original
6sentence was passed. The trial court shall then impose
7sentence upon the defendant. The trial court may impose any
8sentence which could have been imposed at the original trial
9subject to Section 5-5-4 of this Code. If a sentence is vacated
10on appeal or on collateral attack due to the failure of the
11trier of fact at trial to determine beyond a reasonable doubt
12the existence of a fact (other than a prior conviction)
13necessary to increase the punishment for the offense beyond
14the statutory maximum otherwise applicable, either the
15defendant may be re-sentenced to a term within the range
16otherwise provided or, if the State files notice of its
17intention to again seek the extended sentence, the defendant
18shall be afforded a new trial.
19    (e) In cases where prosecution for aggravated criminal
20sexual abuse under Section 11-1.60 or 12-16 of the Criminal
21Code of 1961 or the Criminal Code of 2012 results in conviction
22of a defendant who was a family member of the victim at the
23time of the commission of the offense, the court shall
24consider the safety and welfare of the victim and may impose a
25sentence of probation only where:
26        (1) the court finds (A) or (B) or both are

 

 

HB3150- 299 -LRB103 28611 RLC 54992 b

1    appropriate:
2            (A) the defendant is willing to undergo a court
3        approved counseling program for a minimum duration of
4        2 years; or
5            (B) the defendant is willing to participate in a
6        court approved plan, including, but not limited to,
7        the defendant's:
8                (i) removal from the household;
9                (ii) restricted contact with the victim;
10                (iii) continued financial support of the
11            family;
12                (iv) restitution for harm done to the victim;
13            and
14                (v) compliance with any other measures that
15            the court may deem appropriate; and
16        (2) the court orders the defendant to pay for the
17    victim's counseling services, to the extent that the court
18    finds, after considering the defendant's income and
19    assets, that the defendant is financially capable of
20    paying for such services, if the victim was under 18 years
21    of age at the time the offense was committed and requires
22    counseling as a result of the offense.
23    Probation may be revoked or modified pursuant to Section
245-6-4; except where the court determines at the hearing that
25the defendant violated a condition of his or her probation
26restricting contact with the victim or other family members or

 

 

HB3150- 300 -LRB103 28611 RLC 54992 b

1commits another offense with the victim or other family
2members, the court shall revoke the defendant's probation and
3impose a term of imprisonment.
4    For the purposes of this Section, "family member" and
5"victim" shall have the meanings ascribed to them in Section
611-0.1 of the Criminal Code of 2012.
7    (f) (Blank).
8    (g) Whenever a defendant is convicted of an offense under
9Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1011-14.3, 11-14.4 except for an offense that involves keeping a
11place of commercial sexual exploitation of a child juvenile
12prostitution, 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1,
1311-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or
1412-16 of the Criminal Code of 1961 or the Criminal Code of
152012, the defendant shall undergo medical testing to determine
16whether the defendant has any sexually transmissible disease,
17including a test for infection with human immunodeficiency
18virus (HIV) or any other identified causative agent of
19acquired immunodeficiency syndrome (AIDS). Any such medical
20test shall be performed only by appropriately licensed medical
21practitioners and may include an analysis of any bodily fluids
22as well as an examination of the defendant's person. Except as
23otherwise provided by law, the results of such test shall be
24kept strictly confidential by all medical personnel involved
25in the testing and must be personally delivered in a sealed
26envelope to the judge of the court in which the conviction was

 

 

HB3150- 301 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 302 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 303 -LRB103 28611 RLC 54992 b

1any violation of Chapters 3, 4, 6, and 11 of the Illinois
2Vehicle Code, or a similar provision of a local ordinance, and
3any violation of the Child Passenger Protection Act, or a
4similar provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under the Criminal
6and Traffic Assessment Act.
7    (j) In cases when prosecution for any violation of Section
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1011-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
13Code of 2012, any violation of the Illinois Controlled
14Substances Act, any violation of the Cannabis Control Act, or
15any violation of the Methamphetamine Control and Community
16Protection Act results in conviction, a disposition of court
17supervision, or an order of probation granted under Section 10
18of the Cannabis Control Act, Section 410 of the Illinois
19Controlled Substances Act, or Section 70 of the
20Methamphetamine Control and Community Protection Act of a
21defendant, the court shall determine whether the defendant is
22employed by a facility or center as defined under the Child
23Care Act of 1969, a public or private elementary or secondary
24school, or otherwise works with children under 18 years of age
25on a daily basis. When a defendant is so employed, the court
26shall order the Clerk of the Court to send a copy of the

 

 

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1judgment of conviction or order of supervision or probation to
2the defendant's employer by certified mail. If the employer of
3the defendant is a school, the Clerk of the Court shall direct
4the mailing of a copy of the judgment of conviction or order of
5supervision or probation to the appropriate regional
6superintendent of schools. The regional superintendent of
7schools shall notify the State Board of Education of any
8notification under this subsection.
9    (j-5) A defendant at least 17 years of age who is convicted
10of a felony and who has not been previously convicted of a
11misdemeanor or felony and who is sentenced to a term of
12imprisonment in the Illinois Department of Corrections shall
13as a condition of his or her sentence be required by the court
14to attend educational courses designed to prepare the
15defendant for a high school diploma and to work toward a high
16school diploma or to work toward passing high school
17equivalency testing or to work toward completing a vocational
18training program offered by the Department of Corrections. If
19a defendant fails to complete the educational training
20required by his or her sentence during the term of
21incarceration, the Prisoner Review Board shall, as a condition
22of mandatory supervised release, require the defendant, at his
23or her own expense, to pursue a course of study toward a high
24school diploma or passage of high school equivalency testing.
25The Prisoner Review Board shall revoke the mandatory
26supervised release of a defendant who wilfully fails to comply

 

 

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1with this subsection (j-5) upon his or her release from
2confinement in a penal institution while serving a mandatory
3supervised release term; however, the inability of the
4defendant after making a good faith effort to obtain financial
5aid or pay for the educational training shall not be deemed a
6wilful failure to comply. The Prisoner Review Board shall
7recommit the defendant whose mandatory supervised release term
8has been revoked under this subsection (j-5) as provided in
9Section 3-3-9. This subsection (j-5) does not apply to a
10defendant who has a high school diploma or has successfully
11passed high school equivalency testing. This subsection (j-5)
12does not apply to a defendant who is determined by the court to
13be a person with a developmental disability or otherwise
14mentally incapable of completing the educational or vocational
15program.
16    (k) (Blank).
17    (l) (A) Except as provided in paragraph (C) of subsection
18(l), whenever a defendant, who is not a citizen or national of
19the United States, is convicted of any felony or misdemeanor
20offense, the court after sentencing the defendant may, upon
21motion of the State's Attorney, hold sentence in abeyance and
22remand the defendant to the custody of the Attorney General of
23the United States or his or her designated agent to be deported
24when:
25        (1) a final order of deportation has been issued
26    against the defendant pursuant to proceedings under the

 

 

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

 

 

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1the United States, the defendant shall be recommitted to the
2custody of the county from which he or she was sentenced.
3Thereafter, the defendant shall be brought before the
4sentencing court, which may impose any sentence that was
5available under Section 5-5-3 at the time of initial
6sentencing. In addition, the defendant shall not be eligible
7for additional earned sentence credit as provided under
8Section 3-6-3.
9    (m) A person convicted of criminal defacement of property
10under Section 21-1.3 of the Criminal Code of 1961 or the
11Criminal Code of 2012, in which the property damage exceeds
12$300 and the property damaged is a school building, shall be
13ordered to perform community service that may include cleanup,
14removal, or painting over the defacement.
15    (n) The court may sentence a person convicted of a
16violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
17subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
18of 1961 or the Criminal Code of 2012 (i) to an impact
19incarceration program if the person is otherwise eligible for
20that program under Section 5-8-1.1, (ii) to community service,
21or (iii) if the person has a substance use disorder, as defined
22in the Substance Use Disorder Act, to a treatment program
23licensed under that Act.
24    (o) Whenever a person is convicted of a sex offense as
25defined in Section 2 of the Sex Offender Registration Act, the
26defendant's driver's license or permit shall be subject to

 

 

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1renewal on an annual basis in accordance with the provisions
2of license renewal established by the Secretary of State.
3(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
4102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
55-27-22.)
 
6    (730 ILCS 5/5-5-3.2)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 5-5-3.2. Factors in aggravation and extended-term
9sentencing.
10    (a) The following factors shall be accorded weight in
11favor of imposing a term of imprisonment or may be considered
12by the court as reasons to impose a more severe sentence under
13Section 5-8-1 or Article 4.5 of Chapter V:
14        (1) the defendant's conduct caused or threatened
15    serious harm;
16        (2) the defendant received compensation for committing
17    the offense;
18        (3) the defendant has a history of prior delinquency
19    or criminal activity;
20        (4) the defendant, by the duties of his office or by
21    his position, was obliged to prevent the particular
22    offense committed or to bring the offenders committing it
23    to justice;
24        (5) the defendant held public office at the time of
25    the offense, and the offense related to the conduct of

 

 

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1    that office;
2        (6) the defendant utilized his professional reputation
3    or position in the community to commit the offense, or to
4    afford him an easier means of committing it;
5        (7) the sentence is necessary to deter others from
6    committing the same crime;
7        (8) the defendant committed the offense against a
8    person 60 years of age or older or such person's property;
9        (9) the defendant committed the offense against a
10    person who has a physical disability or such person's
11    property;
12        (10) by reason of another individual's actual or
13    perceived race, color, creed, religion, ancestry, gender,
14    sexual orientation, physical or mental disability, or
15    national origin, the defendant committed the offense
16    against (i) the person or property of that individual;
17    (ii) the person or property of a person who has an
18    association with, is married to, or has a friendship with
19    the other individual; or (iii) the person or property of a
20    relative (by blood or marriage) of a person described in
21    clause (i) or (ii). For the purposes of this Section,
22    "sexual orientation" has the meaning ascribed to it in
23    paragraph (O-1) of Section 1-103 of the Illinois Human
24    Rights Act;
25        (11) the offense took place in a place of worship or on
26    the grounds of a place of worship, immediately prior to,

 

 

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1    during or immediately following worship services. For
2    purposes of this subparagraph, "place of worship" shall
3    mean any church, synagogue or other building, structure or
4    place used primarily for religious worship;
5        (12) the defendant was convicted of a felony committed
6    while he was on pretrial release or his own recognizance
7    pending trial for a prior felony and was convicted of such
8    prior felony, or the defendant was convicted of a felony
9    committed while he was serving a period of probation,
10    conditional discharge, or mandatory supervised release
11    under subsection (d) of Section 5-8-1 for a prior felony;
12        (13) the defendant committed or attempted to commit a
13    felony while he was wearing a bulletproof vest. For the
14    purposes of this paragraph (13), a bulletproof vest is any
15    device which is designed for the purpose of protecting the
16    wearer from bullets, shot or other lethal projectiles;
17        (14) the defendant held a position of trust or
18    supervision such as, but not limited to, family member as
19    defined in Section 11-0.1 of the Criminal Code of 2012,
20    teacher, scout leader, baby sitter, or day care worker, in
21    relation to a victim under 18 years of age, and the
22    defendant committed an offense in violation of Section
23    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
24    11-14.4 except for an offense that involves keeping a
25    place of commercial sexual exploitation of a child
26    juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 11-20.1,

 

 

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1    11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16
2    of the Criminal Code of 1961 or the Criminal Code of 2012
3    against that victim;
4        (15) the defendant committed an offense related to the
5    activities of an organized gang. For the purposes of this
6    factor, "organized gang" has the meaning ascribed to it in
7    Section 10 of the Streetgang Terrorism Omnibus Prevention
8    Act;
9        (16) the defendant committed an offense in violation
10    of one of the following Sections while in a school,
11    regardless of the time of day or time of year; on any
12    conveyance owned, leased, or contracted by a school to
13    transport students to or from school or a school related
14    activity; on the real property of a school; or on a public
15    way within 1,000 feet of the real property comprising any
16    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
17    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
18    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
19    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
20    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
21    for subdivision (a)(4) or (g)(1), of the Criminal Code of
22    1961 or the Criminal Code of 2012;
23        (16.5) the defendant committed an offense in violation
24    of one of the following Sections while in a day care
25    center, regardless of the time of day or time of year; on
26    the real property of a day care center, regardless of the

 

 

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1    time of day or time of year; or on a public way within
2    1,000 feet of the real property comprising any day care
3    center, regardless of the time of day or time of year:
4    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
5    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
6    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
7    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
8    18-2, or 33A-2, or Section 12-3.05 except for subdivision
9    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
10    Criminal Code of 2012;
11        (17) the defendant committed the offense by reason of
12    any person's activity as a community policing volunteer or
13    to prevent any person from engaging in activity as a
14    community policing volunteer. For the purpose of this
15    Section, "community policing volunteer" has the meaning
16    ascribed to it in Section 2-3.5 of the Criminal Code of
17    2012;
18        (18) the defendant committed the offense in a nursing
19    home or on the real property comprising a nursing home.
20    For the purposes of this paragraph (18), "nursing home"
21    means a skilled nursing or intermediate long term care
22    facility that is subject to license by the Illinois
23    Department of Public Health under the Nursing Home Care
24    Act, the Specialized Mental Health Rehabilitation Act of
25    2013, the ID/DD Community Care Act, or the MC/DD Act;
26        (19) the defendant was a federally licensed firearm

 

 

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1    dealer and was previously convicted of a violation of
2    subsection (a) of Section 3 of the Firearm Owners
3    Identification Card Act and has now committed either a
4    felony violation of the Firearm Owners Identification Card
5    Act or an act of armed violence while armed with a firearm;
6        (20) the defendant (i) committed the offense of
7    reckless homicide under Section 9-3 of the Criminal Code
8    of 1961 or the Criminal Code of 2012 or the offense of
9    driving under the influence of alcohol, other drug or
10    drugs, intoxicating compound or compounds or any
11    combination thereof under Section 11-501 of the Illinois
12    Vehicle Code or a similar provision of a local ordinance
13    and (ii) was operating a motor vehicle in excess of 20
14    miles per hour over the posted speed limit as provided in
15    Article VI of Chapter 11 of the Illinois Vehicle Code;
16        (21) the defendant (i) committed the offense of
17    reckless driving or aggravated reckless driving under
18    Section 11-503 of the Illinois Vehicle Code and (ii) was
19    operating a motor vehicle in excess of 20 miles per hour
20    over the posted speed limit as provided in Article VI of
21    Chapter 11 of the Illinois Vehicle Code;
22        (22) the defendant committed the offense against a
23    person that the defendant knew, or reasonably should have
24    known, was a member of the Armed Forces of the United
25    States serving on active duty. For purposes of this clause
26    (22), the term "Armed Forces" means any of the Armed

 

 

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1    Forces of the United States, including a member of any
2    reserve component thereof or National Guard unit called to
3    active duty;
4        (23) the defendant committed the offense against a
5    person who was elderly or infirm or who was a person with a
6    disability by taking advantage of a family or fiduciary
7    relationship with the elderly or infirm person or person
8    with a disability;
9        (24) the defendant committed any offense under Section
10    11-20.1 of the Criminal Code of 1961 or the Criminal Code
11    of 2012 and possessed 100 or more images;
12        (25) the defendant committed the offense while the
13    defendant or the victim was in a train, bus, or other
14    vehicle used for public transportation;
15        (26) the defendant committed the offense of child
16    pornography or aggravated child pornography, specifically
17    including paragraph (1), (2), (3), (4), (5), or (7) of
18    subsection (a) of Section 11-20.1 of the Criminal Code of
19    1961 or the Criminal Code of 2012 where a child engaged in,
20    solicited for, depicted in, or posed in any act of sexual
21    penetration or bound, fettered, or subject to sadistic,
22    masochistic, or sadomasochistic abuse in a sexual context
23    and specifically including paragraph (1), (2), (3), (4),
24    (5), or (7) of subsection (a) of Section 11-20.1B or
25    Section 11-20.3 of the Criminal Code of 1961 where a child
26    engaged in, solicited for, depicted in, or posed in any

 

 

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

 

 

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1    United States Postal Service;
2        (29) the defendant committed the offense of criminal
3    sexual assault, aggravated criminal sexual assault,
4    criminal sexual abuse, or aggravated criminal sexual abuse
5    against a victim with an intellectual disability, and the
6    defendant holds a position of trust, authority, or
7    supervision in relation to the victim;
8        (30) the defendant committed the offense of promoting
9    commercial sexual exploitation of a child juvenile
10    prostitution, patronizing a provider of commercial sexual
11    activity prostitute, or patronizing a sexually exploited
12    child minor engaged in prostitution and at the time of the
13    commission of the offense knew that the provider of
14    commercial sexual activity prostitute or sexually
15    exploited child minor engaged in prostitution was in the
16    custody or guardianship of the Department of Children and
17    Family Services;
18        (31) the defendant (i) committed the offense of
19    driving while under the influence of alcohol, other drug
20    or drugs, intoxicating compound or compounds or any
21    combination thereof in violation of Section 11-501 of the
22    Illinois Vehicle Code or a similar provision of a local
23    ordinance and (ii) the defendant during the commission of
24    the offense was driving his or her vehicle upon a roadway
25    designated for one-way traffic in the opposite direction
26    of the direction indicated by official traffic control

 

 

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

 

 

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

 

 

HB3150- 319 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 320 -LRB103 28611 RLC 54992 b

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

 

 

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1    organized gang in which the defendant is engaged; or
2        (9) When a defendant commits any felony and the
3    defendant knowingly video or audio records the offense
4    with the intent to disseminate the recording.
5    (c) The following factors may be considered by the court
6as reasons to impose an extended term sentence under Section
75-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
8offenses:
9        (1) When a defendant is convicted of first degree
10    murder, after having been previously convicted in Illinois
11    of any offense listed under paragraph (c)(2) of Section
12    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
13    occurred within 10 years after the previous conviction,
14    excluding time spent in custody, and the charges are
15    separately brought and tried and arise out of different
16    series of acts.
17        (1.5) When a defendant is convicted of first degree
18    murder, after having been previously convicted of domestic
19    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
20    (720 ILCS 5/12-3.3) committed on the same victim or after
21    having been previously convicted of violation of an order
22    of protection (720 ILCS 5/12-30) in which the same victim
23    was the protected person.
24        (2) When a defendant is convicted of voluntary
25    manslaughter, second degree murder, involuntary
26    manslaughter, or reckless homicide in which the defendant

 

 

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

 

 

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

 

 

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1    Criminal Code of 2012, where the criminal object is a
2    violation of Section 25-1 of the Criminal Code of 2012,
3    and an electronic communication is used in the commission
4    of the offense. For the purposes of this paragraph (8),
5    "electronic communication" shall have the meaning provided
6    in Section 26.5-0.1 of the Criminal Code of 2012.
7    (d) For the purposes of this Section, "organized gang" has
8the meaning ascribed to it in Section 10 of the Illinois
9Streetgang Terrorism Omnibus Prevention Act.
10    (e) The court may impose an extended term sentence under
11Article 4.5 of Chapter V upon an offender who has been
12convicted of a felony violation of Section 11-1.20, 11-1.30,
1311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1412-16 of the Criminal Code of 1961 or the Criminal Code of 2012
15when the victim of the offense is under 18 years of age at the
16time of the commission of the offense and, during the
17commission of the offense, the victim was under the influence
18of alcohol, regardless of whether or not the alcohol was
19supplied by the offender; and the offender, at the time of the
20commission of the offense, knew or should have known that the
21victim had consumed alcohol.
22(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
23101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
248-20-21.)
 
25    (Text of Section after amendment by P.A. 102-982)

 

 

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1    Sec. 5-5-3.2. Factors in aggravation and extended-term
2sentencing.
3    (a) The following factors shall be accorded weight in
4favor of imposing a term of imprisonment or may be considered
5by the court as reasons to impose a more severe sentence under
6Section 5-8-1 or Article 4.5 of Chapter V:
7        (1) the defendant's conduct caused or threatened
8    serious harm;
9        (2) the defendant received compensation for committing
10    the offense;
11        (3) the defendant has a history of prior delinquency
12    or criminal activity;
13        (4) the defendant, by the duties of his office or by
14    his position, was obliged to prevent the particular
15    offense committed or to bring the offenders committing it
16    to justice;
17        (5) the defendant held public office at the time of
18    the offense, and the offense related to the conduct of
19    that office;
20        (6) the defendant utilized his professional reputation
21    or position in the community to commit the offense, or to
22    afford him an easier means of committing it;
23        (7) the sentence is necessary to deter others from
24    committing the same crime;
25        (8) the defendant committed the offense against a
26    person 60 years of age or older or such person's property;

 

 

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

 

 

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

 

 

HB3150- 331 -LRB103 28611 RLC 54992 b

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    pornography or aggravated child pornography, specifically
9    including paragraph (1), (2), (3), (4), (5), or (7) of
10    subsection (a) of Section 11-20.1 of the Criminal Code of
11    1961 or the Criminal Code of 2012 where a child engaged in,
12    solicited for, depicted in, or posed in any act of sexual
13    penetration or bound, fettered, or subject to sadistic,
14    masochistic, or sadomasochistic abuse in a sexual context
15    and specifically including paragraph (1), (2), (3), (4),
16    (5), or (7) of subsection (a) of Section 11-20.1B or
17    Section 11-20.3 of the Criminal Code of 1961 where a child
18    engaged in, solicited for, depicted in, or posed in any
19    act of sexual penetration or bound, fettered, or subject
20    to sadistic, masochistic, or sadomasochistic abuse in a
21    sexual context;
22        (27) the defendant committed the offense of first
23    degree murder, assault, aggravated assault, battery,
24    aggravated battery, robbery, armed robbery, or aggravated
25    robbery against a person who was a veteran and the
26    defendant knew, or reasonably should have known, that the

 

 

HB3150- 332 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 333 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 334 -LRB103 28611 RLC 54992 b

1    has the same meaning as in Section 2-14 of the Criminal
2    Code of 2012; or
3        (34) the defendant committed the offense of leaving
4    the scene of a crash in violation of subsection (b) of
5    Section 11-401 of the Illinois Vehicle Code and the crash
6    resulted in the death of a person and at the time of the
7    offense, the defendant was: (i) driving under the
8    influence of alcohol, other drug or drugs, intoxicating
9    compound or compounds or any combination thereof as
10    defined by Section 11-501 of the Illinois Vehicle Code; or
11    (ii) operating the motor vehicle while using an electronic
12    communication device as defined in Section 12-610.2 of the
13    Illinois Vehicle Code.
14    For the purposes of this Section:
15    "School" is defined as a public or private elementary or
16secondary school, community college, college, or university.
17    "Day care center" means a public or private State
18certified and licensed day care center as defined in Section
192.09 of the Child Care Act of 1969 that displays a sign in
20plain view stating that the property is a day care center.
21    "Intellectual disability" means significantly subaverage
22intellectual functioning which exists concurrently with
23impairment in adaptive behavior.
24    "Public transportation" means the transportation or
25conveyance of persons by means available to the general
26public, and includes paratransit services.

 

 

HB3150- 335 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 336 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 337 -LRB103 28611 RLC 54992 b

1        (6) When a defendant is convicted of an offense
2    committed while using a firearm with a laser sight
3    attached to it. For purposes of this paragraph, "laser
4    sight" has the meaning ascribed to it in Section 26-7 of
5    the Criminal Code of 2012; or
6        (7) When a defendant who was at least 17 years of age
7    at the time of the commission of the offense is convicted
8    of a felony and has been previously adjudicated a
9    delinquent minor under the Juvenile Court Act of 1987 for
10    an act that if committed by an adult would be a Class X or
11    Class 1 felony when the conviction has occurred within 10
12    years after the previous adjudication, excluding time
13    spent in custody; or
14        (8) When a defendant commits any felony and the
15    defendant used, possessed, exercised control over, or
16    otherwise directed an animal to assault a law enforcement
17    officer engaged in the execution of his or her official
18    duties or in furtherance of the criminal activities of an
19    organized gang in which the defendant is engaged; or
20        (9) When a defendant commits any felony and the
21    defendant knowingly video or audio records the offense
22    with the intent to disseminate the recording.
23    (c) The following factors may be considered by the court
24as reasons to impose an extended term sentence under Section
255-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
26offenses:

 

 

HB3150- 338 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 339 -LRB103 28611 RLC 54992 b

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

 

 

HB3150- 340 -LRB103 28611 RLC 54992 b

1    of methamphetamine under Section 25 of the Methamphetamine
2    Control and Community Protection Act (720 ILCS 646/25), or
3    the illegal possession of explosives and an emergency
4    response officer in the performance of his or her duties
5    is killed or injured at the scene of the offense while
6    responding to the emergency caused by the commission of
7    the offense. In this paragraph, "emergency" means a
8    situation in which a person's life, health, or safety is
9    in jeopardy; and "emergency response officer" means a
10    peace officer, community policing volunteer, fireman,
11    emergency medical technician-ambulance, emergency medical
12    technician-intermediate, emergency medical
13    technician-paramedic, ambulance driver, other medical
14    assistance or first aid personnel, or hospital emergency
15    room personnel.
16        (8) When the defendant is convicted of attempted mob
17    action, solicitation to commit mob action, or conspiracy
18    to commit mob action under Section 8-1, 8-2, or 8-4 of the
19    Criminal Code of 2012, where the criminal object is a
20    violation of Section 25-1 of the Criminal Code of 2012,
21    and an electronic communication is used in the commission
22    of the offense. For the purposes of this paragraph (8),
23    "electronic communication" shall have the meaning provided
24    in Section 26.5-0.1 of the Criminal Code of 2012.
25    (d) For the purposes of this Section, "organized gang" has
26the meaning ascribed to it in Section 10 of the Illinois

 

 

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1Streetgang Terrorism Omnibus Prevention Act.
2    (e) The court may impose an extended term sentence under
3Article 4.5 of Chapter V upon an offender who has been
4convicted of a felony violation of Section 11-1.20, 11-1.30,
511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
612-16 of the Criminal Code of 1961 or the Criminal Code of 2012
7when the victim of the offense is under 18 years of age at the
8time of the commission of the offense and, during the
9commission of the offense, the victim was under the influence
10of alcohol, regardless of whether or not the alcohol was
11supplied by the offender; and the offender, at the time of the
12commission of the offense, knew or should have known that the
13victim had consumed alcohol.
14(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
15101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
168-20-21; 102-982, eff. 7-1-23.)
 
17    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
18    Sec. 5-6-3. Conditions of probation and of conditional
19discharge.
20    (a) The conditions of probation and of conditional
21discharge shall be that the person:
22        (1) not violate any criminal statute of any
23    jurisdiction;
24        (2) report to or appear in person before such person
25    or agency as directed by the court;

 

 

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1        (3) refrain from possessing a firearm or other
2    dangerous weapon where the offense is a felony or, if a
3    misdemeanor, the offense involved the intentional or
4    knowing infliction of bodily harm or threat of bodily
5    harm;
6        (4) not leave the State without the consent of the
7    court or, in circumstances in which the reason for the
8    absence is of such an emergency nature that prior consent
9    by the court is not possible, without the prior
10    notification and approval of the person's probation
11    officer. Transfer of a person's probation or conditional
12    discharge supervision to another state is subject to
13    acceptance by the other state pursuant to the Interstate
14    Compact for Adult Offender Supervision;
15        (5) permit the probation officer to visit him at his
16    home or elsewhere to the extent necessary to discharge his
17    duties;
18        (6) perform no less than 30 hours of community service
19    and not more than 120 hours of community service, if
20    community service is available in the jurisdiction and is
21    funded and approved by the county board where the offense
22    was committed, where the offense was related to or in
23    furtherance of the criminal activities of an organized
24    gang and was motivated by the offender's membership in or
25    allegiance to an organized gang. The community service
26    shall include, but not be limited to, the cleanup and

 

 

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1    repair of any damage caused by a violation of Section
2    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
3    2012 and similar damage to property located within the
4    municipality or county in which the violation occurred.
5    When possible and reasonable, the community service should
6    be performed in the offender's neighborhood. For purposes
7    of this Section, "organized gang" has the meaning ascribed
8    to it in Section 10 of the Illinois Streetgang Terrorism
9    Omnibus Prevention Act. The court may give credit toward
10    the fulfillment of community service hours for
11    participation in activities and treatment as determined by
12    court services;
13        (7) if he or she is at least 17 years of age and has
14    been sentenced to probation or conditional discharge for a
15    misdemeanor or felony in a county of 3,000,000 or more
16    inhabitants and has not been previously convicted of a
17    misdemeanor or felony, may be required by the sentencing
18    court to attend educational courses designed to prepare
19    the defendant for a high school diploma and to work toward
20    a high school diploma or to work toward passing high
21    school equivalency testing or to work toward completing a
22    vocational training program approved by the court. The
23    person on probation or conditional discharge must attend a
24    public institution of education to obtain the educational
25    or vocational training required by this paragraph (7). The
26    court shall revoke the probation or conditional discharge

 

 

HB3150- 344 -LRB103 28611 RLC 54992 b

1    of a person who willfully fails to comply with this
2    paragraph (7). The person on probation or conditional
3    discharge shall be required to pay for the cost of the
4    educational courses or high school equivalency testing if
5    a fee is charged for those courses or testing. The court
6    shall resentence the offender whose probation or
7    conditional discharge has been revoked as provided in
8    Section 5-6-4. This paragraph (7) does not apply to a
9    person who has a high school diploma or has successfully
10    passed high school equivalency testing. This paragraph (7)
11    does not apply to a person who is determined by the court
12    to be a person with a developmental disability or
13    otherwise mentally incapable of completing the educational
14    or vocational program;
15        (8) if convicted of possession of a substance
16    prohibited by the Cannabis Control Act, the Illinois
17    Controlled Substances Act, or the Methamphetamine Control
18    and Community Protection Act after a previous conviction
19    or disposition of supervision for possession of a
20    substance prohibited by the Cannabis Control Act or
21    Illinois Controlled Substances Act or after a sentence of
22    probation under Section 10 of the Cannabis Control Act,
23    Section 410 of the Illinois Controlled Substances Act, or
24    Section 70 of the Methamphetamine Control and Community
25    Protection Act and upon a finding by the court that the
26    person is addicted, undergo treatment at a substance abuse

 

 

HB3150- 345 -LRB103 28611 RLC 54992 b

1    program approved by the court;
2        (8.5) if convicted of a felony sex offense as defined
3    in the Sex Offender Management Board Act, the person shall
4    undergo and successfully complete sex offender treatment
5    by a treatment provider approved by the Board and
6    conducted in conformance with the standards developed
7    under the Sex Offender Management Board Act;
8        (8.6) if convicted of a sex offense as defined in the
9    Sex Offender Management Board Act, refrain from residing
10    at the same address or in the same condominium unit or
11    apartment unit or in the same condominium complex or
12    apartment complex with another person he or she knows or
13    reasonably should know is a convicted sex offender or has
14    been placed on supervision for a sex offense; the
15    provisions of this paragraph do not apply to a person
16    convicted of a sex offense who is placed in a Department of
17    Corrections licensed transitional housing facility for sex
18    offenders;
19        (8.7) if convicted for an offense committed on or
20    after June 1, 2008 (the effective date of Public Act
21    95-464) that would qualify the accused as a child sex
22    offender as defined in Section 11-9.3 or 11-9.4 of the
23    Criminal Code of 1961 or the Criminal Code of 2012,
24    refrain from communicating with or contacting, by means of
25    the Internet, a person who is not related to the accused
26    and whom the accused reasonably believes to be under 18

 

 

HB3150- 346 -LRB103 28611 RLC 54992 b

1    years of age; for purposes of this paragraph (8.7),
2    "Internet" has the meaning ascribed to it in Section
3    16-0.1 of the Criminal Code of 2012; and a person is not
4    related to the accused if the person is not: (i) the
5    spouse, brother, or sister of the accused; (ii) a
6    descendant of the accused; (iii) a first or second cousin
7    of the accused; or (iv) a step-child or adopted child of
8    the accused;
9        (8.8) if convicted for an offense under Section 11-6,
10    11-9.1, 11-14.4 that involves soliciting for a sexually
11    exploited child juvenile prostitute, 11-15.1, 11-20.1,
12    11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961
13    or the Criminal Code of 2012, or any attempt to commit any
14    of these offenses, committed on or after June 1, 2009 (the
15    effective date of Public Act 95-983):
16            (i) not access or use a computer or any other
17        device with Internet capability without the prior
18        written approval of the offender's probation officer,
19        except in connection with the offender's employment or
20        search for employment with the prior approval of the
21        offender's probation officer;
22            (ii) submit to periodic unannounced examinations
23        of the offender's computer or any other device with
24        Internet capability by the offender's probation
25        officer, a law enforcement officer, or assigned
26        computer or information technology specialist,

 

 

HB3150- 347 -LRB103 28611 RLC 54992 b

1        including the retrieval and copying of all data from
2        the computer or device and any internal or external
3        peripherals and removal of such information,
4        equipment, or device to conduct a more thorough
5        inspection;
6            (iii) submit to the installation on the offender's
7        computer or device with Internet capability, at the
8        offender's expense, of one or more hardware or
9        software systems to monitor the Internet use; and
10            (iv) submit to any other appropriate restrictions
11        concerning the offender's use of or access to a
12        computer or any other device with Internet capability
13        imposed by the offender's probation officer;
14        (8.9) if convicted of a sex offense as defined in the
15    Sex Offender Registration Act committed on or after
16    January 1, 2010 (the effective date of Public Act 96-262),
17    refrain from accessing or using a social networking
18    website as defined in Section 17-0.5 of the Criminal Code
19    of 2012;
20        (9) if convicted of a felony or of any misdemeanor
21    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
22    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
23    2012 that was determined, pursuant to Section 112A-11.1 of
24    the Code of Criminal Procedure of 1963, to trigger the
25    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
26    at a time and place designated by the court, his or her

 

 

HB3150- 348 -LRB103 28611 RLC 54992 b

1    Firearm Owner's Identification Card and any and all
2    firearms in his or her possession. The Court shall return
3    to the Illinois State Police Firearm Owner's
4    Identification Card Office the person's Firearm Owner's
5    Identification Card;
6        (10) if convicted of a sex offense as defined in
7    subsection (a-5) of Section 3-1-2 of this Code, unless the
8    offender is a parent or guardian of the person under 18
9    years of age present in the home and no non-familial
10    minors are present, not participate in a holiday event
11    involving children under 18 years of age, such as
12    distributing candy or other items to children on
13    Halloween, wearing a Santa Claus costume on or preceding
14    Christmas, being employed as a department store Santa
15    Claus, or wearing an Easter Bunny costume on or preceding
16    Easter;
17        (11) if convicted of a sex offense as defined in
18    Section 2 of the Sex Offender Registration Act committed
19    on or after January 1, 2010 (the effective date of Public
20    Act 96-362) that requires the person to register as a sex
21    offender under that Act, may not knowingly use any
22    computer scrub software on any computer that the sex
23    offender uses;
24        (12) if convicted of a violation of the
25    Methamphetamine Control and Community Protection Act, the
26    Methamphetamine Precursor Control Act, or a

 

 

HB3150- 349 -LRB103 28611 RLC 54992 b

1    methamphetamine related offense:
2            (A) prohibited from purchasing, possessing, or
3        having under his or her control any product containing
4        pseudoephedrine unless prescribed by a physician; and
5            (B) prohibited from purchasing, possessing, or
6        having under his or her control any product containing
7        ammonium nitrate; and
8        (13) if convicted of a hate crime involving the
9    protected class identified in subsection (a) of Section
10    12-7.1 of the Criminal Code of 2012 that gave rise to the
11    offense the offender committed, perform public or
12    community service of no less than 200 hours and enroll in
13    an educational program discouraging hate crimes that
14    includes racial, ethnic, and cultural sensitivity training
15    ordered by the court.
16    (b) The Court may in addition to other reasonable
17conditions relating to the nature of the offense or the
18rehabilitation of the defendant as determined for each
19defendant in the proper discretion of the Court require that
20the person:
21        (1) serve a term of periodic imprisonment under
22    Article 7 for a period not to exceed that specified in
23    paragraph (d) of Section 5-7-1;
24        (2) pay a fine and costs;
25        (3) work or pursue a course of study or vocational
26    training;

 

 

HB3150- 350 -LRB103 28611 RLC 54992 b

1        (4) undergo medical, psychological or psychiatric
2    treatment; or treatment for drug addiction or alcoholism;
3        (5) attend or reside in a facility established for the
4    instruction or residence of defendants on probation;
5        (6) support his dependents;
6        (7) and in addition, if a minor:
7            (i) reside with his parents or in a foster home;
8            (ii) attend school;
9            (iii) attend a non-residential program for youth;
10            (iv) contribute to his own support at home or in a
11        foster home;
12            (v) with the consent of the superintendent of the
13        facility, attend an educational program at a facility
14        other than the school in which the offense was
15        committed if he or she is convicted of a crime of
16        violence as defined in Section 2 of the Crime Victims
17        Compensation Act committed in a school, on the real
18        property comprising a school, or within 1,000 feet of
19        the real property comprising a school;
20        (8) make restitution as provided in Section 5-5-6 of
21    this Code;
22        (9) perform some reasonable public or community
23    service;
24        (10) serve a term of home confinement. In addition to
25    any other applicable condition of probation or conditional
26    discharge, the conditions of home confinement shall be

 

 

HB3150- 351 -LRB103 28611 RLC 54992 b

1    that the offender:
2            (i) remain within the interior premises of the
3        place designated for his confinement during the hours
4        designated by the court;
5            (ii) admit any person or agent designated by the
6        court into the offender's place of confinement at any
7        time for purposes of verifying the offender's
8        compliance with the conditions of his confinement; and
9            (iii) if further deemed necessary by the court or
10        the Probation or Court Services Department, be placed
11        on an approved electronic monitoring device, subject
12        to Article 8A of Chapter V;
13            (iv) for persons convicted of any alcohol,
14        cannabis or controlled substance violation who are
15        placed on an approved monitoring device as a condition
16        of probation or conditional discharge, the court shall
17        impose a reasonable fee for each day of the use of the
18        device, as established by the county board in
19        subsection (g) of this Section, unless after
20        determining the inability of the offender to pay the
21        fee, the court assesses a lesser fee or no fee as the
22        case may be. This fee shall be imposed in addition to
23        the fees imposed under subsections (g) and (i) of this
24        Section. The fee shall be collected by the clerk of the
25        circuit court, except as provided in an administrative
26        order of the Chief Judge of the circuit court. The

 

 

HB3150- 352 -LRB103 28611 RLC 54992 b

1        clerk of the circuit court shall pay all monies
2        collected from this fee to the county treasurer for
3        deposit in the substance abuse services fund under
4        Section 5-1086.1 of the Counties Code, except as
5        provided in an administrative order of the Chief Judge
6        of the circuit court.
7            The Chief Judge of the circuit court of the county
8        may by administrative order establish a program for
9        electronic monitoring of offenders, in which a vendor
10        supplies and monitors the operation of the electronic
11        monitoring device, and collects the fees on behalf of
12        the county. The program shall include provisions for
13        indigent offenders and the collection of unpaid fees.
14        The program shall not unduly burden the offender and
15        shall be subject to review by the Chief Judge.
16            The Chief Judge of the circuit court may suspend
17        any additional charges or fees for late payment,
18        interest, or damage to any device; and
19            (v) for persons convicted of offenses other than
20        those referenced in clause (iv) above and who are
21        placed on an approved monitoring device as a condition
22        of probation or conditional discharge, the court shall
23        impose a reasonable fee for each day of the use of the
24        device, as established by the county board in
25        subsection (g) of this Section, unless after
26        determining the inability of the defendant to pay the

 

 

HB3150- 353 -LRB103 28611 RLC 54992 b

1        fee, the court assesses a lesser fee or no fee as the
2        case may be. This fee shall be imposed in addition to
3        the fees imposed under subsections (g) and (i) of this
4        Section. The fee shall be collected by the clerk of the
5        circuit court, except as provided in an administrative
6        order of the Chief Judge of the circuit court. The
7        clerk of the circuit court shall pay all monies
8        collected from this fee to the county treasurer who
9        shall use the monies collected to defray the costs of
10        corrections. The county treasurer shall deposit the
11        fee collected in the probation and court services
12        fund. The Chief Judge of the circuit court of the
13        county may by administrative order establish a program
14        for electronic monitoring of offenders, in which a
15        vendor supplies and monitors the operation of the
16        electronic monitoring device, and collects the fees on
17        behalf of the county. The program shall include
18        provisions for indigent offenders and the collection
19        of unpaid fees. The program shall not unduly burden
20        the offender and shall be subject to review by the
21        Chief Judge.
22            The Chief Judge of the circuit court may suspend
23        any additional charges or fees for late payment,
24        interest, or damage to any device.
25        (11) comply with the terms and conditions of an order
26    of protection issued by the court pursuant to the Illinois

 

 

HB3150- 354 -LRB103 28611 RLC 54992 b

1    Domestic Violence Act of 1986, as now or hereafter
2    amended, or an order of protection issued by the court of
3    another state, tribe, or United States territory. A copy
4    of the order of protection shall be transmitted to the
5    probation officer or agency having responsibility for the
6    case;
7        (12) reimburse any "local anti-crime program" as
8    defined in Section 7 of the Anti-Crime Advisory Council
9    Act for any reasonable expenses incurred by the program on
10    the offender's case, not to exceed the maximum amount of
11    the fine authorized for the offense for which the
12    defendant was sentenced;
13        (13) contribute a reasonable sum of money, not to
14    exceed the maximum amount of the fine authorized for the
15    offense for which the defendant was sentenced, (i) to a
16    "local anti-crime program", as defined in Section 7 of the
17    Anti-Crime Advisory Council Act, or (ii) for offenses
18    under the jurisdiction of the Department of Natural
19    Resources, to the fund established by the Department of
20    Natural Resources for the purchase of evidence for
21    investigation purposes and to conduct investigations as
22    outlined in Section 805-105 of the Department of Natural
23    Resources (Conservation) Law;
24        (14) refrain from entering into a designated
25    geographic area except upon such terms as the court finds
26    appropriate. Such terms may include consideration of the

 

 

HB3150- 355 -LRB103 28611 RLC 54992 b

1    purpose of the entry, the time of day, other persons
2    accompanying the defendant, and advance approval by a
3    probation officer, if the defendant has been placed on
4    probation or advance approval by the court, if the
5    defendant was placed on conditional discharge;
6        (15) refrain from having any contact, directly or
7    indirectly, with certain specified persons or particular
8    types of persons, including but not limited to members of
9    street gangs and drug users or dealers;
10        (16) refrain from having in his or her body the
11    presence of any illicit drug prohibited by the Cannabis
12    Control Act, the Illinois Controlled Substances Act, or
13    the Methamphetamine Control and Community Protection Act,
14    unless prescribed by a physician, and submit samples of
15    his or her blood or urine or both for tests to determine
16    the presence of any illicit drug;
17        (17) if convicted for an offense committed on or after
18    June 1, 2008 (the effective date of Public Act 95-464)
19    that would qualify the accused as a child sex offender as
20    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
21    of 1961 or the Criminal Code of 2012, refrain from
22    communicating with or contacting, by means of the
23    Internet, a person who is related to the accused and whom
24    the accused reasonably believes to be under 18 years of
25    age; for purposes of this paragraph (17), "Internet" has
26    the meaning ascribed to it in Section 16-0.1 of the

 

 

HB3150- 356 -LRB103 28611 RLC 54992 b

1    Criminal Code of 2012; and a person is related to the
2    accused if the person is: (i) the spouse, brother, or
3    sister of the accused; (ii) a descendant of the accused;
4    (iii) a first or second cousin of the accused; or (iv) a
5    step-child or adopted child of the accused;
6        (18) if convicted for an offense committed on or after
7    June 1, 2009 (the effective date of Public Act 95-983)
8    that would qualify as a sex offense as defined in the Sex
9    Offender Registration Act:
10            (i) not access or use a computer or any other
11        device with Internet capability without the prior
12        written approval of the offender's probation officer,
13        except in connection with the offender's employment or
14        search for employment with the prior approval of the
15        offender's probation officer;
16            (ii) submit to periodic unannounced examinations
17        of the offender's computer or any other device with
18        Internet capability by the offender's probation
19        officer, a law enforcement officer, or assigned
20        computer or information technology specialist,
21        including the retrieval and copying of all data from
22        the computer or device and any internal or external
23        peripherals and removal of such information,
24        equipment, or device to conduct a more thorough
25        inspection;
26            (iii) submit to the installation on the offender's

 

 

HB3150- 357 -LRB103 28611 RLC 54992 b

1        computer or device with Internet capability, at the
2        subject's expense, of one or more hardware or software
3        systems to monitor the Internet use; and
4            (iv) submit to any other appropriate restrictions
5        concerning the offender's use of or access to a
6        computer or any other device with Internet capability
7        imposed by the offender's probation officer; and
8        (19) refrain from possessing a firearm or other
9    dangerous weapon where the offense is a misdemeanor that
10    did not involve the intentional or knowing infliction of
11    bodily harm or threat of bodily harm.
12    (c) The court may as a condition of probation or of
13conditional discharge require that a person under 18 years of
14age found guilty of any alcohol, cannabis or controlled
15substance violation, refrain from acquiring a driver's license
16during the period of probation or conditional discharge. If
17such person is in possession of a permit or license, the court
18may require that the minor refrain from driving or operating
19any motor vehicle during the period of probation or
20conditional discharge, except as may be necessary in the
21course of the minor's lawful employment.
22    (d) An offender sentenced to probation or to conditional
23discharge shall be given a certificate setting forth the
24conditions thereof.
25    (e) Except where the offender has committed a fourth or
26subsequent violation of subsection (c) of Section 6-303 of the

 

 

HB3150- 358 -LRB103 28611 RLC 54992 b

1Illinois Vehicle Code, the court shall not require as a
2condition of the sentence of probation or conditional
3discharge that the offender be committed to a period of
4imprisonment in excess of 6 months. This 6-month limit shall
5not include periods of confinement given pursuant to a
6sentence of county impact incarceration under Section 5-8-1.2.
7    Persons committed to imprisonment as a condition of
8probation or conditional discharge shall not be committed to
9the Department of Corrections.
10    (f) The court may combine a sentence of periodic
11imprisonment under Article 7 or a sentence to a county impact
12incarceration program under Article 8 with a sentence of
13probation or conditional discharge.
14    (g) An offender sentenced to probation or to conditional
15discharge and who during the term of either undergoes
16mandatory drug or alcohol testing, or both, or is assigned to
17be placed on an approved electronic monitoring device, shall
18be ordered to pay all costs incidental to such mandatory drug
19or alcohol testing, or both, and all costs incidental to such
20approved electronic monitoring in accordance with the
21defendant's ability to pay those costs. The county board with
22the concurrence of the Chief Judge of the judicial circuit in
23which the county is located shall establish reasonable fees
24for the cost of maintenance, testing, and incidental expenses
25related to the mandatory drug or alcohol testing, or both, and
26all costs incidental to approved electronic monitoring,

 

 

HB3150- 359 -LRB103 28611 RLC 54992 b

1involved in a successful probation program for the county. The
2concurrence of the Chief Judge shall be in the form of an
3administrative order. The fees shall be collected by the clerk
4of the circuit court, except as provided in an administrative
5order of the Chief Judge of the circuit court. The clerk of the
6circuit court shall pay all moneys collected from these fees
7to the county treasurer who shall use the moneys collected to
8defray the costs of drug testing, alcohol testing, and
9electronic monitoring. The county treasurer shall deposit the
10fees collected in the county working cash fund under Section
116-27001 or Section 6-29002 of the Counties Code, as the case
12may be. The Chief Judge of the circuit court of the county may
13by administrative order establish a program for electronic
14monitoring of offenders, in which a vendor supplies and
15monitors the operation of the electronic monitoring device,
16and collects the fees on behalf of the county. The program
17shall include provisions for indigent offenders and the
18collection of unpaid fees. The program shall not unduly burden
19the offender and shall be subject to review by the Chief Judge.
20    The Chief Judge of the circuit court may suspend any
21additional charges or fees for late payment, interest, or
22damage to any device.
23    (h) Jurisdiction over an offender may be transferred from
24the sentencing court to the court of another circuit with the
25concurrence of both courts. Further transfers or retransfers
26of jurisdiction are also authorized in the same manner. The

 

 

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1court to which jurisdiction has been transferred shall have
2the same powers as the sentencing court. The probation
3department within the circuit to which jurisdiction has been
4transferred, or which has agreed to provide supervision, may
5impose probation fees upon receiving the transferred offender,
6as provided in subsection (i). For all transfer cases, as
7defined in Section 9b of the Probation and Probation Officers
8Act, the probation department from the original sentencing
9court shall retain all probation fees collected prior to the
10transfer. After the transfer, all probation fees shall be paid
11to the probation department within the circuit to which
12jurisdiction has been transferred.
13    (i) The court shall impose upon an offender sentenced to
14probation after January 1, 1989 or to conditional discharge
15after January 1, 1992 or to community service under the
16supervision of a probation or court services department after
17January 1, 2004, as a condition of such probation or
18conditional discharge or supervised community service, a fee
19of $50 for each month of probation or conditional discharge
20supervision or supervised community service ordered by the
21court, unless after determining the inability of the person
22sentenced to probation or conditional discharge or supervised
23community service to pay the fee, the court assesses a lesser
24fee. The court may not impose the fee on a minor who is placed
25in the guardianship or custody of the Department of Children
26and Family Services under the Juvenile Court Act of 1987 while

 

 

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1the minor is in placement. The fee shall be imposed only upon
2an offender who is actively supervised by the probation and
3court services department. The fee shall be collected by the
4clerk of the circuit court. The clerk of the circuit court
5shall pay all monies collected from this fee to the county
6treasurer for deposit in the probation and court services fund
7under Section 15.1 of the Probation and Probation Officers
8Act.
9    A circuit court may not impose a probation fee under this
10subsection (i) in excess of $25 per month unless the circuit
11court has adopted, by administrative order issued by the chief
12judge, a standard probation fee guide determining an
13offender's ability to pay. Of the amount collected as a
14probation fee, up to $5 of that fee collected per month may be
15used to provide services to crime victims and their families.
16    The Court may only waive probation fees based on an
17offender's ability to pay. The probation department may
18re-evaluate an offender's ability to pay every 6 months, and,
19with the approval of the Director of Court Services or the
20Chief Probation Officer, adjust the monthly fee amount. An
21offender may elect to pay probation fees due in a lump sum. Any
22offender that has been assigned to the supervision of a
23probation department, or has been transferred either under
24subsection (h) of this Section or under any interstate
25compact, shall be required to pay probation fees to the
26department supervising the offender, based on the offender's

 

 

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1ability to pay.
2    Public Act 93-970 deletes the $10 increase in the fee
3under this subsection that was imposed by Public Act 93-616.
4This deletion is intended to control over any other Act of the
593rd General Assembly that retains or incorporates that fee
6increase.
7    (i-5) In addition to the fees imposed under subsection (i)
8of this Section, in the case of an offender convicted of a
9felony sex offense (as defined in the Sex Offender Management
10Board Act) or an offense that the court or probation
11department has determined to be sexually motivated (as defined
12in the Sex Offender Management Board Act), the court or the
13probation department shall assess additional fees to pay for
14all costs of treatment, assessment, evaluation for risk and
15treatment, and monitoring the offender, based on that
16offender's ability to pay those costs either as they occur or
17under a payment plan.
18    (j) All fines and costs imposed under this Section for any
19violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
20Code, or a similar provision of a local ordinance, and any
21violation of the Child Passenger Protection Act, or a similar
22provision of a local ordinance, shall be collected and
23disbursed by the circuit clerk as provided under the Criminal
24and Traffic Assessment Act.
25    (k) Any offender who is sentenced to probation or
26conditional discharge for a felony sex offense as defined in

 

 

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1the Sex Offender Management Board Act or any offense that the
2court or probation department has determined to be sexually
3motivated as defined in the Sex Offender Management Board Act
4shall be required to refrain from any contact, directly or
5indirectly, with any persons specified by the court and shall
6be available for all evaluations and treatment programs
7required by the court or the probation department.
8    (l) The court may order an offender who is sentenced to
9probation or conditional discharge for a violation of an order
10of protection be placed under electronic surveillance as
11provided in Section 5-8A-7 of this Code.
12(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
13    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
14    Sec. 5-6-3.1. Incidents and conditions of supervision.
15    (a) When a defendant is placed on supervision, the court
16shall enter an order for supervision specifying the period of
17such supervision, and shall defer further proceedings in the
18case until the conclusion of the period.
19    (b) The period of supervision shall be reasonable under
20all of the circumstances of the case, but may not be longer
21than 2 years, unless the defendant has failed to pay the
22assessment required by Section 10.3 of the Cannabis Control
23Act, Section 411.2 of the Illinois Controlled Substances Act,
24or Section 80 of the Methamphetamine Control and Community
25Protection Act, in which case the court may extend supervision

 

 

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1beyond 2 years. Additionally, the court shall order the
2defendant to perform no less than 30 hours of community
3service and not more than 120 hours of community service, if
4community service is available in the jurisdiction and is
5funded and approved by the county board where the offense was
6committed, when the offense (1) was related to or in
7furtherance of the criminal activities of an organized gang or
8was motivated by the defendant's membership in or allegiance
9to an organized gang; or (2) is a violation of any Section of
10Article 24 of the Criminal Code of 1961 or the Criminal Code of
112012 where a disposition of supervision is not prohibited by
12Section 5-6-1 of this Code. The community service shall
13include, but not be limited to, the cleanup and repair of any
14damage caused by violation of Section 21-1.3 of the Criminal
15Code of 1961 or the Criminal Code of 2012 and similar damages
16to property located within the municipality or county in which
17the violation occurred. Where possible and reasonable, the
18community service should be performed in the offender's
19neighborhood.
20    For the purposes of this Section, "organized gang" has the
21meaning ascribed to it in Section 10 of the Illinois
22Streetgang Terrorism Omnibus Prevention Act.
23    (c) The court may in addition to other reasonable
24conditions relating to the nature of the offense or the
25rehabilitation of the defendant as determined for each
26defendant in the proper discretion of the court require that

 

 

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1the person:
2        (1) make a report to and appear in person before or
3    participate with the court or such courts, person, or
4    social service agency as directed by the court in the
5    order of supervision;
6        (2) pay a fine and costs;
7        (3) work or pursue a course of study or vocational
8    training;
9        (4) undergo medical, psychological or psychiatric
10    treatment; or treatment for drug addiction or alcoholism;
11        (5) attend or reside in a facility established for the
12    instruction or residence of defendants on probation;
13        (6) support his dependents;
14        (7) refrain from possessing a firearm or other
15    dangerous weapon;
16        (8) and in addition, if a minor:
17            (i) reside with his parents or in a foster home;
18            (ii) attend school;
19            (iii) attend a non-residential program for youth;
20            (iv) contribute to his own support at home or in a
21        foster home; or
22            (v) with the consent of the superintendent of the
23        facility, attend an educational program at a facility
24        other than the school in which the offense was
25        committed if he or she is placed on supervision for a
26        crime of violence as defined in Section 2 of the Crime

 

 

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1        Victims Compensation Act committed in a school, on the
2        real property comprising a school, or within 1,000
3        feet of the real property comprising a school;
4        (9) make restitution or reparation in an amount not to
5    exceed actual loss or damage to property and pecuniary
6    loss or make restitution under Section 5-5-6 to a domestic
7    violence shelter. The court shall determine the amount and
8    conditions of payment;
9        (10) perform some reasonable public or community
10    service;
11        (11) comply with the terms and conditions of an order
12    of protection issued by the court pursuant to the Illinois
13    Domestic Violence Act of 1986 or an order of protection
14    issued by the court of another state, tribe, or United
15    States territory. If the court has ordered the defendant
16    to make a report and appear in person under paragraph (1)
17    of this subsection, a copy of the order of protection
18    shall be transmitted to the person or agency so designated
19    by the court;
20        (12) reimburse any "local anti-crime program" as
21    defined in Section 7 of the Anti-Crime Advisory Council
22    Act for any reasonable expenses incurred by the program on
23    the offender's case, not to exceed the maximum amount of
24    the fine authorized for the offense for which the
25    defendant was sentenced;
26        (13) contribute a reasonable sum of money, not to

 

 

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1    exceed the maximum amount of the fine authorized for the
2    offense for which the defendant was sentenced, (i) to a
3    "local anti-crime program", as defined in Section 7 of the
4    Anti-Crime Advisory Council Act, or (ii) for offenses
5    under the jurisdiction of the Department of Natural
6    Resources, to the fund established by the Department of
7    Natural Resources for the purchase of evidence for
8    investigation purposes and to conduct investigations as
9    outlined in Section 805-105 of the Department of Natural
10    Resources (Conservation) Law;
11        (14) refrain from entering into a designated
12    geographic area except upon such terms as the court finds
13    appropriate. Such terms may include consideration of the
14    purpose of the entry, the time of day, other persons
15    accompanying the defendant, and advance approval by a
16    probation officer;
17        (15) refrain from having any contact, directly or
18    indirectly, with certain specified persons or particular
19    types of person, including but not limited to members of
20    street gangs and drug users or dealers;
21        (16) refrain from having in his or her body the
22    presence of any illicit drug prohibited by the Cannabis
23    Control Act, the Illinois Controlled Substances Act, or
24    the Methamphetamine Control and Community Protection Act,
25    unless prescribed by a physician, and submit samples of
26    his or her blood or urine or both for tests to determine

 

 

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1    the presence of any illicit drug;
2        (17) refrain from operating any motor vehicle not
3    equipped with an ignition interlock device as defined in
4    Section 1-129.1 of the Illinois Vehicle Code; under this
5    condition the court may allow a defendant who is not
6    self-employed to operate a vehicle owned by the
7    defendant's employer that is not equipped with an ignition
8    interlock device in the course and scope of the
9    defendant's employment; and
10        (18) if placed on supervision for a sex offense as
11    defined in subsection (a-5) of Section 3-1-2 of this Code,
12    unless the offender is a parent or guardian of the person
13    under 18 years of age present in the home and no
14    non-familial minors are present, not participate in a
15    holiday event involving children under 18 years of age,
16    such as distributing candy or other items to children on
17    Halloween, wearing a Santa Claus costume on or preceding
18    Christmas, being employed as a department store Santa
19    Claus, or wearing an Easter Bunny costume on or preceding
20    Easter.
21    (c-5) If payment of restitution as ordered has not been
22made, the victim shall file a petition notifying the
23sentencing court, any other person to whom restitution is
24owed, and the State's Attorney of the status of the ordered
25restitution payments unpaid at least 90 days before the
26supervision expiration date. If payment as ordered has not

 

 

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1been made, the court shall hold a review hearing prior to the
2expiration date, unless the hearing is voluntarily waived by
3the defendant with the knowledge that waiver may result in an
4extension of the supervision period or in a revocation of
5supervision. If the court does not extend supervision, it
6shall issue a judgment for the unpaid restitution and direct
7the clerk of the circuit court to file and enter the judgment
8in the judgment and lien docket, without fee, unless it finds
9that the victim has recovered a judgment against the defendant
10for the amount covered by the restitution order. If the court
11issues a judgment for the unpaid restitution, the court shall
12send to the defendant at his or her last known address written
13notification that a civil judgment has been issued for the
14unpaid restitution.
15    (d) The court shall defer entering any judgment on the
16charges until the conclusion of the supervision.
17    (e) At the conclusion of the period of supervision, if the
18court determines that the defendant has successfully complied
19with all of the conditions of supervision, the court shall
20discharge the defendant and enter a judgment dismissing the
21charges.
22    (f) Discharge and dismissal upon a successful conclusion
23of a disposition of supervision shall be deemed without
24adjudication of guilt and shall not be termed a conviction for
25purposes of disqualification or disabilities imposed by law
26upon conviction of a crime. Two years after the discharge and

 

 

HB3150- 370 -LRB103 28611 RLC 54992 b

1dismissal under this Section, unless the disposition of
2supervision was for a violation of Sections 3-707, 3-708,
33-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
4similar provision of a local ordinance, or for a violation of
5Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961
6or the Criminal Code of 2012, in which case it shall be 5 years
7after discharge and dismissal, a person may have his record of
8arrest sealed or expunged as may be provided by law. However,
9any defendant placed on supervision before January 1, 1980,
10may move for sealing or expungement of his arrest record, as
11provided by law, at any time after discharge and dismissal
12under this Section. A person placed on supervision for a
13sexual offense committed against a minor as defined in clause
14(a)(1)(L) of Section 5.2 of the Criminal Identification Act or
15for a violation of Section 11-501 of the Illinois Vehicle Code
16or a similar provision of a local ordinance shall not have his
17or her record of arrest sealed or expunged.
18    (g) A defendant placed on supervision and who during the
19period of supervision undergoes mandatory drug or alcohol
20testing, or both, or is assigned to be placed on an approved
21electronic monitoring device, shall be ordered to pay the
22costs incidental to such mandatory drug or alcohol testing, or
23both, and costs incidental to such approved electronic
24monitoring in accordance with the defendant's ability to pay
25those costs. The county board with the concurrence of the
26Chief Judge of the judicial circuit in which the county is

 

 

HB3150- 371 -LRB103 28611 RLC 54992 b

1located shall establish reasonable fees for the cost of
2maintenance, testing, and incidental expenses related to the
3mandatory drug or alcohol testing, or both, and all costs
4incidental to approved electronic monitoring, of all
5defendants placed on supervision. The concurrence of the Chief
6Judge shall be in the form of an administrative order. The fees
7shall be collected by the clerk of the circuit court, except as
8provided in an administrative order of the Chief Judge of the
9circuit court. The clerk of the circuit court shall pay all
10moneys collected from these fees to the county treasurer who
11shall use the moneys collected to defray the costs of drug
12testing, alcohol testing, and electronic monitoring. The
13county treasurer shall deposit the fees collected in the
14county working cash fund under Section 6-27001 or Section
156-29002 of the Counties Code, as the case may be.
16    The Chief Judge of the circuit court of the county may by
17administrative order establish a program for electronic
18monitoring of offenders, in which a vendor supplies and
19monitors the operation of the electronic monitoring device,
20and collects the fees on behalf of the county. The program
21shall include provisions for indigent offenders and the
22collection of unpaid fees. The program shall not unduly burden
23the offender and shall be subject to review by the Chief Judge.
24    The Chief Judge of the circuit court may suspend any
25additional charges or fees for late payment, interest, or
26damage to any device.

 

 

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1    (h) A disposition of supervision is a final order for the
2purposes of appeal.
3    (i) The court shall impose upon a defendant placed on
4supervision after January 1, 1992 or to community service
5under the supervision of a probation or court services
6department after January 1, 2004, as a condition of
7supervision or supervised community service, a fee of $50 for
8each month of supervision or supervised community service
9ordered by the court, unless after determining the inability
10of the person placed on supervision or supervised community
11service to pay the fee, the court assesses a lesser fee. The
12court may not impose the fee on a minor who is placed in the
13guardianship or custody of the Department of Children and
14Family Services under the Juvenile Court Act of 1987 while the
15minor is in placement. The fee shall be imposed only upon a
16defendant who is actively supervised by the probation and
17court services department. The fee shall be collected by the
18clerk of the circuit court. The clerk of the circuit court
19shall pay all monies collected from this fee to the county
20treasurer for deposit in the probation and court services fund
21pursuant to Section 15.1 of the Probation and Probation
22Officers Act.
23    A circuit court may not impose a probation fee in excess of
24$25 per month unless the circuit court has adopted, by
25administrative order issued by the chief judge, a standard
26probation fee guide determining an offender's ability to pay.

 

 

HB3150- 373 -LRB103 28611 RLC 54992 b

1Of the amount collected as a probation fee, not to exceed $5 of
2that fee collected per month may be used to provide services to
3crime victims and their families.
4    The Court may only waive probation fees based on an
5offender's ability to pay. The probation department may
6re-evaluate an offender's ability to pay every 6 months, and,
7with the approval of the Director of Court Services or the
8Chief Probation Officer, adjust the monthly fee amount. An
9offender may elect to pay probation fees due in a lump sum. Any
10offender that has been assigned to the supervision of a
11probation department, or has been transferred either under
12subsection (h) of this Section or under any interstate
13compact, shall be required to pay probation fees to the
14department supervising the offender, based on the offender's
15ability to pay.
16    (j) All fines and costs imposed under this Section for any
17violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
18Code, or a similar provision of a local ordinance, and any
19violation of the Child Passenger Protection Act, or a similar
20provision of a local ordinance, shall be collected and
21disbursed by the circuit clerk as provided under the Criminal
22and Traffic Assessment Act.
23    (k) A defendant at least 17 years of age who is placed on
24supervision for a misdemeanor in a county of 3,000,000 or more
25inhabitants and who has not been previously convicted of a
26misdemeanor or felony may as a condition of his or her

 

 

HB3150- 374 -LRB103 28611 RLC 54992 b

1supervision be required by the court to attend educational
2courses designed to prepare the defendant for a high school
3diploma and to work toward a high school diploma or to work
4toward passing high school equivalency testing or to work
5toward completing a vocational training program approved by
6the court. The defendant placed on supervision must attend a
7public institution of education to obtain the educational or
8vocational training required by this subsection (k). The
9defendant placed on supervision shall be required to pay for
10the cost of the educational courses or high school equivalency
11testing if a fee is charged for those courses or testing. The
12court shall revoke the supervision of a person who wilfully
13fails to comply with this subsection (k). The court shall
14resentence the defendant upon revocation of supervision as
15provided in Section 5-6-4. This subsection (k) does not apply
16to a defendant who has a high school diploma or has
17successfully passed high school equivalency testing. This
18subsection (k) does not apply to a defendant who is determined
19by the court to be a person with a developmental disability or
20otherwise mentally incapable of completing the educational or
21vocational program.
22    (l) The court shall require a defendant placed on
23supervision for possession of a substance prohibited by the
24Cannabis Control Act, the Illinois Controlled Substances Act,
25or the Methamphetamine Control and Community Protection Act
26after a previous conviction or disposition of supervision for

 

 

HB3150- 375 -LRB103 28611 RLC 54992 b

1possession of a substance prohibited by the Cannabis Control
2Act, the Illinois Controlled Substances Act, or the
3Methamphetamine Control and Community Protection Act or a
4sentence of probation under Section 10 of the Cannabis Control
5Act or Section 410 of the Illinois Controlled Substances Act
6and after a finding by the court that the person is addicted,
7to undergo treatment at a substance abuse program approved by
8the court.
9    (m) The Secretary of State shall require anyone placed on
10court supervision for a violation of Section 3-707 of the
11Illinois Vehicle Code or a similar provision of a local
12ordinance to give proof of his or her financial responsibility
13as defined in Section 7-315 of the Illinois Vehicle Code. The
14proof shall be maintained by the individual in a manner
15satisfactory to the Secretary of State for a minimum period of
163 years after the date the proof is first filed. The proof
17shall be limited to a single action per arrest and may not be
18affected by any post-sentence disposition. The Secretary of
19State shall suspend the driver's license of any person
20determined by the Secretary to be in violation of this
21subsection. This subsection does not apply to a person who, at
22the time of the offense, was operating a motor vehicle
23registered in a state other than Illinois.
24    (n) Any offender placed on supervision for any offense
25that the court or probation department has determined to be
26sexually motivated as defined in the Sex Offender Management

 

 

HB3150- 376 -LRB103 28611 RLC 54992 b

1Board Act shall be required to refrain from any contact,
2directly or indirectly, with any persons specified by the
3court and shall be available for all evaluations and treatment
4programs required by the court or the probation department.
5    (o) An offender placed on supervision for a sex offense as
6defined in the Sex Offender Management Board Act shall refrain
7from residing at the same address or in the same condominium
8unit or apartment unit or in the same condominium complex or
9apartment complex with another person he or she knows or
10reasonably should know is a convicted sex offender or has been
11placed on supervision for a sex offense. The provisions of
12this subsection (o) do not apply to a person convicted of a sex
13offense who is placed in a Department of Corrections licensed
14transitional housing facility for sex offenders.
15    (p) An offender placed on supervision for an offense
16committed on or after June 1, 2008 (the effective date of
17Public Act 95-464) that would qualify the accused as a child
18sex offender as defined in Section 11-9.3 or 11-9.4 of the
19Criminal Code of 1961 or the Criminal Code of 2012 shall
20refrain from communicating with or contacting, by means of the
21Internet, a person who is not related to the accused and whom
22the accused reasonably believes to be under 18 years of age.
23For purposes of this subsection (p), "Internet" has the
24meaning ascribed to it in Section 16-0.1 of the Criminal Code
25of 2012; and a person is not related to the accused if the
26person is not: (i) the spouse, brother, or sister of the

 

 

HB3150- 377 -LRB103 28611 RLC 54992 b

1accused; (ii) a descendant of the accused; (iii) a first or
2second cousin of the accused; or (iv) a step-child or adopted
3child of the accused.
4    (q) An offender placed on supervision for an offense
5committed on or after June 1, 2008 (the effective date of
6Public Act 95-464) that would qualify the accused as a child
7sex offender as defined in Section 11-9.3 or 11-9.4 of the
8Criminal Code of 1961 or the Criminal Code of 2012 shall, if so
9ordered by the court, refrain from communicating with or
10contacting, by means of the Internet, a person who is related
11to the accused and whom the accused reasonably believes to be
12under 18 years of age. For purposes of this subsection (q),
13"Internet" has the meaning ascribed to it in Section 16-0.1 of
14the Criminal Code of 2012; and a person is related to the
15accused if the person is: (i) the spouse, brother, or sister of
16the accused; (ii) a descendant of the accused; (iii) a first or
17second cousin of the accused; or (iv) a step-child or adopted
18child of the accused.
19    (r) An offender placed on supervision for an offense under
20Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a
21sexually exploited child juvenile prostitute, 11-15.1,
2211-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of
231961 or the Criminal Code of 2012, or any attempt to commit any
24of these offenses, committed on or after June 1, 2009 (the
25effective date of Public Act 95-983) shall:
26        (i) not access or use a computer or any other device

 

 

HB3150- 378 -LRB103 28611 RLC 54992 b

1    with Internet capability without the prior written
2    approval of the court, except in connection with the
3    offender's employment or search for employment with the
4    prior approval of the court;
5        (ii) submit to periodic unannounced examinations of
6    the offender's computer or any other device with Internet
7    capability by the offender's probation officer, a law
8    enforcement officer, or assigned computer or information
9    technology specialist, including the retrieval and copying
10    of all data from the computer or device and any internal or
11    external peripherals and removal of such information,
12    equipment, or device to conduct a more thorough
13    inspection;
14        (iii) submit to the installation on the offender's
15    computer or device with Internet capability, at the
16    offender's expense, of one or more hardware or software
17    systems to monitor the Internet use; and
18        (iv) submit to any other appropriate restrictions
19    concerning the offender's use of or access to a computer
20    or any other device with Internet capability imposed by
21    the court.
22    (s) An offender placed on supervision for an offense that
23is a sex offense as defined in Section 2 of the Sex Offender
24Registration Act that is committed on or after January 1, 2010
25(the effective date of Public Act 96-362) that requires the
26person to register as a sex offender under that Act, may not

 

 

HB3150- 379 -LRB103 28611 RLC 54992 b

1knowingly use any computer scrub software on any computer that
2the sex offender uses.
3    (t) An offender placed on supervision for a sex offense as
4defined in the Sex Offender Registration Act committed on or
5after January 1, 2010 (the effective date of Public Act
696-262) shall refrain from accessing or using a social
7networking website as defined in Section 17-0.5 of the
8Criminal Code of 2012.
9    (u) Jurisdiction over an offender may be transferred from
10the sentencing court to the court of another circuit with the
11concurrence of both courts. Further transfers or retransfers
12of jurisdiction are also authorized in the same manner. The
13court to which jurisdiction has been transferred shall have
14the same powers as the sentencing court. The probation
15department within the circuit to which jurisdiction has been
16transferred may impose probation fees upon receiving the
17transferred offender, as provided in subsection (i). The
18probation department from the original sentencing court shall
19retain all probation fees collected prior to the transfer.
20(Source: P.A. 102-299, eff. 8-6-21.)
 
21    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)
22    Sec. 5-9-1.7. Sexual assault fines.
23    (a) Definitions. The terms used in this Section shall have
24the following meanings ascribed to them:
25        (1) "Sexual assault" means the commission or attempted

 

 

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1    commission of the following: sexual exploitation of a
2    child, criminal sexual assault, predatory criminal sexual
3    assault of a child, aggravated criminal sexual assault,
4    criminal sexual abuse, aggravated criminal sexual abuse,
5    indecent solicitation of a child, public indecency, sexual
6    relations within families, promoting commercial sexual
7    exploitation of a child juvenile prostitution, soliciting
8    for a sexually exploited child juvenile prostitute,
9    keeping a place of commercial sexual exploitation of a
10    child juvenile prostitution, patronizing a sexually
11    exploited child juvenile prostitute, juvenile pimping,
12    exploitation of a child, obscenity, child pornography,
13    aggravated child pornography, harmful material, or
14    ritualized abuse of a child, as those offenses are defined
15    in the Criminal Code of 1961 or the Criminal Code of 2012.
16        (2) (Blank).
17        (3) "Sexual assault organization" means any
18    not-for-profit organization providing comprehensive,
19    community-based services to victims of sexual assault.
20    "Community-based services" include, but are not limited
21    to, direct crisis intervention through a 24-hour response,
22    medical and legal advocacy, counseling, information and
23    referral services, training, and community education.
24    (b) (Blank).
25    (c) Sexual Assault Services Fund; administration. There is
26created a Sexual Assault Services Fund. Moneys deposited into

 

 

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1the Fund under Section 15-20 and 15-40 of the Criminal and
2Traffic Assessment Act shall be appropriated to the Department
3of Public Health. Upon appropriation of moneys from the Sexual
4Assault Services Fund, the Department of Public Health shall
5make grants of these moneys from the Fund to sexual assault
6organizations with whom the Department has contracts for the
7purpose of providing community-based services to victims of
8sexual assault. Grants made under this Section are in addition
9to, and are not substitutes for, other grants authorized and
10made by the Department.
11(Source: P.A. 100-987, eff. 7-1-19.)
 
12    (730 ILCS 5/5-9-1.21)
13    Sec. 5-9-1.21. Specialized Services for Survivors of Human
14Trafficking Fund.
15    (a) There is created in the State treasury a Specialized
16Services for Survivors of Human Trafficking Fund. Moneys
17deposited into the Fund under this Section shall be available
18for the Department of Human Services for the purposes in this
19Section.
20    (b) (Blank).
21    (c) (Blank).
22    (d) Upon appropriation of moneys from the Specialized
23Services for Survivors of Human Trafficking Fund, the
24Department of Human Services shall use these moneys to make
25grants to non-governmental organizations to provide

 

 

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1specialized, trauma-informed services specifically designed to
2address the priority service needs associated with commercial
3sexual activity prostitution and human trafficking. Priority
4services include, but are not limited to, community based
5drop-in centers, emergency housing, and long-term safe homes.
6The Department shall consult with commercial sexual activity
7prostitution and human trafficking advocates, survivors, and
8service providers to identify priority service needs in their
9respective communities.
10    (e) Grants made under this Section are in addition to, and
11not substitutes for, other grants authorized and made by the
12Department.
13    (f) Notwithstanding any other law to the contrary, the
14Specialized Services for Survivors of Human Trafficking Fund
15is not subject to sweeps, administrative charge-backs, or any
16other fiscal maneuver that would in any way transfer any
17amounts from the Specialized Services for Survivors of Human
18Trafficking Fund into any other fund of the State.
19(Source: P.A. 100-987, eff. 7-1-19.)
 
20    Section 80. The Sex Offender Registration Act is amended
21by changing Section 2 as follows:
 
22    (730 ILCS 150/2)  (from Ch. 38, par. 222)
23    Sec. 2. Definitions.
24    (A) As used in this Article, "sex offender" means any

 

 

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

 

 

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1            (f) is the subject of a finding not resulting in an
2        acquittal at a hearing conducted pursuant to a
3        federal, Uniform Code of Military Justice, sister
4        state, or foreign country law substantially similar to
5        Section 104-25(a) of the Code of Criminal Procedure of
6        1963 for the alleged violation or attempted commission
7        of such offense; or
8        (2) declared as a sexually dangerous person pursuant
9    to the Illinois Sexually Dangerous Persons Act, or any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law; or
12        (3) subject to the provisions of Section 2 of the
13    Interstate Agreements on Sexually Dangerous Persons Act;
14    or
15        (4) found to be a sexually violent person pursuant to
16    the Sexually Violent Persons Commitment Act or any
17    substantially similar federal, Uniform Code of Military
18    Justice, sister state, or foreign country law; or
19        (5) adjudicated a juvenile delinquent as the result of
20    committing or attempting to commit an act which, if
21    committed by an adult, would constitute any of the
22    offenses specified in item (B), (C), or (C-5) of this
23    Section or a violation of any substantially similar
24    federal, Uniform Code of Military Justice, sister state,
25    or foreign country law, or found guilty under Article V of
26    the Juvenile Court Act of 1987 of committing or attempting

 

 

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

 

 

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1        juvenile prostitute),
2            11-18.1 (patronizing a sexually exploited child
3        juvenile prostitute),
4            11-17.1 (keeping a place of commercial sexual
5        exploitation of a child juvenile prostitution),
6            11-19.1 (juvenile pimping),
7            11-19.2 (exploitation of a child),
8            11-25 (grooming),
9            11-26 (traveling to meet a minor or traveling to
10        meet a child),
11            11-1.20 or 12-13 (criminal sexual assault),
12            11-1.30 or 12-14 (aggravated criminal sexual
13        assault),
14            11-1.40 or 12-14.1 (predatory criminal sexual
15        assault of a child),
16            11-1.50 or 12-15 (criminal sexual abuse),
17            11-1.60 or 12-16 (aggravated criminal sexual
18        abuse),
19            12-33 (ritualized abuse of a child).
20            An attempt to commit any of these offenses.
21        (1.5) A violation of any of the following Sections of
22    the Criminal Code of 1961 or the Criminal Code of 2012,
23    when the victim is a person under 18 years of age, the
24    defendant is not a parent of the victim, the offense was
25    sexually motivated as defined in Section 10 of the Sex
26    Offender Evaluation and Treatment Act, and the offense was

 

 

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1    committed on or after January 1, 1996:
2            10-1 (kidnapping),
3            10-2 (aggravated kidnapping),
4            10-3 (unlawful restraint),
5            10-3.1 (aggravated unlawful restraint).
6        If the offense was committed before January 1, 1996,
7    it is a sex offense requiring registration only when the
8    person is convicted of any felony after July 1, 2011, and
9    paragraph (2.1) of subsection (c) of Section 3 of this Act
10    applies.
11        (1.6) First degree murder under Section 9-1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012,
13    provided the offense was sexually motivated as defined in
14    Section 10 of the Sex Offender Management Board Act.
15        (1.7) (Blank).
16        (1.8) A violation or attempted violation of Section
17    11-11 (sexual relations within families) of the Criminal
18    Code of 1961 or the Criminal Code of 2012, and the offense
19    was committed on or after June 1, 1997. If the offense was
20    committed before June 1, 1997, it is a sex offense
21    requiring registration only when the person is convicted
22    of any felony after July 1, 2011, and paragraph (2.1) of
23    subsection (c) of Section 3 of this Act applies.
24        (1.9) Child abduction under paragraph (10) of
25    subsection (b) of Section 10-5 of the Criminal Code of
26    1961 or the Criminal Code of 2012 committed by luring or

 

 

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1    attempting to lure a child under the age of 16 into a motor
2    vehicle, building, house trailer, or dwelling place
3    without the consent of the parent or lawful custodian of
4    the child for other than a lawful purpose and the offense
5    was committed on or after January 1, 1998, provided the
6    offense was sexually motivated as defined in Section 10 of
7    the Sex Offender Management Board Act. If the offense was
8    committed before January 1, 1998, it is a sex offense
9    requiring registration only when the person is convicted
10    of any felony after July 1, 2011, and paragraph (2.1) of
11    subsection (c) of Section 3 of this Act applies.
12        (1.10) A violation or attempted violation of any of
13    the following Sections of the Criminal Code of 1961 or the
14    Criminal Code of 2012 when the offense was committed on or
15    after July 1, 1999:
16            10-4 (forcible detention, if the victim is under
17        18 years of age), provided the offense was sexually
18        motivated as defined in Section 10 of the Sex Offender
19        Management Board Act,
20            11-6.5 (indecent solicitation of an adult),
21            11-14.3 that involves soliciting for a provider of
22        commercial sexual activity prostitute, or 11-15
23        (soliciting for a provider of commercial sexual
24        activity prostitute, if the victim is under 18 years
25        of age),
26            subdivision (a)(2)(A) or (a)(2)(B) of Section

 

 

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1        11-14.3, or Section 11-16 (pandering, if the victim is
2        under 18 years of age),
3            11-18 (patronizing a provider of commercial sexual
4        activity prostitute, if the victim is under 18 years
5        of age),
6            subdivision (a)(2)(C) of Section 11-14.3, or
7        Section 11-19 (pimping, if the victim is under 18
8        years of age).
9        If the offense was committed before July 1, 1999, it
10    is a sex offense requiring registration only when the
11    person is convicted of any felony after July 1, 2011, and
12    paragraph (2.1) of subsection (c) of Section 3 of this Act
13    applies.
14        (1.11) A violation or attempted violation of any of
15    the following Sections of the Criminal Code of 1961 or the
16    Criminal Code of 2012 when the offense was committed on or
17    after August 22, 2002:
18            11-9 or 11-30 (public indecency for a third or
19        subsequent conviction).
20        If the third or subsequent conviction was imposed
21    before August 22, 2002, it is a sex offense requiring
22    registration only when the person is convicted of any
23    felony after July 1, 2011, and paragraph (2.1) of
24    subsection (c) of Section 3 of this Act applies.
25        (1.12) A violation or attempted violation of Section
26    5.1 of the Wrongs to Children Act or Section 11-9.1A of the

 

 

HB3150- 390 -LRB103 28611 RLC 54992 b

1    Criminal Code of 1961 or the Criminal Code of 2012
2    (permitting sexual abuse) when the offense was committed
3    on or after August 22, 2002. If the offense was committed
4    before August 22, 2002, it is a sex offense requiring
5    registration only when the person is convicted of any
6    felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (2) A violation of any former law of this State
9    substantially equivalent to any offense listed in
10    subsection (B) of this Section.
11    (C) A conviction for an offense of federal law, Uniform
12Code of Military Justice, or the law of another state or a
13foreign country that is substantially equivalent to any
14offense listed in subsections (B), (C), (E), and (E-5) of this
15Section shall constitute a conviction for the purpose of this
16Article. A finding or adjudication as a sexually dangerous
17person or a sexually violent person under any federal law,
18Uniform Code of Military Justice, or the law of another state
19or foreign country that is substantially equivalent to the
20Sexually Dangerous Persons Act or the Sexually Violent Persons
21Commitment Act shall constitute an adjudication for the
22purposes of this Article.
23    (C-5) A person at least 17 years of age at the time of the
24commission of the offense who is convicted of first degree
25murder under Section 9-1 of the Criminal Code of 1961 or the
26Criminal Code of 2012, against a person under 18 years of age,

 

 

HB3150- 391 -LRB103 28611 RLC 54992 b

1shall be required to register for natural life. A conviction
2for an offense of federal, Uniform Code of Military Justice,
3sister state, or foreign country law that is substantially
4equivalent to any offense listed in subsection (C-5) of this
5Section shall constitute a conviction for the purpose of this
6Article. This subsection (C-5) applies to a person who
7committed the offense before June 1, 1996 if: (i) the person is
8incarcerated in an Illinois Department of Corrections facility
9on August 20, 2004 (the effective date of Public Act 93-977),
10or (ii) subparagraph (i) does not apply and the person is
11convicted of any felony after July 1, 2011, and paragraph
12(2.1) of subsection (c) of Section 3 of this Act applies.
13    (C-6) A person who is convicted or adjudicated delinquent
14of first degree murder as defined in Section 9-1 of the
15Criminal Code of 1961 or the Criminal Code of 2012, against a
16person 18 years of age or over, shall be required to register
17for his or her natural life. A conviction for an offense of
18federal, Uniform Code of Military Justice, sister state, or
19foreign country law that is substantially equivalent to any
20offense listed in subsection (C-6) of this Section shall
21constitute a conviction for the purpose of this Article. This
22subsection (C-6) does not apply to those individuals released
23from incarceration more than 10 years prior to January 1, 2012
24(the effective date of Public Act 97-154).
25    (D) As used in this Article, "law enforcement agency
26having jurisdiction" means the Chief of Police in each of the

 

 

HB3150- 392 -LRB103 28611 RLC 54992 b

1municipalities in which the sex offender expects to reside,
2work, or attend school (1) upon his or her discharge, parole or
3release or (2) during the service of his or her sentence of
4probation or conditional discharge, or the Sheriff of the
5county, in the event no Police Chief exists or if the offender
6intends to reside, work, or attend school in an unincorporated
7area. "Law enforcement agency having jurisdiction" includes
8the location where out-of-state students attend school and
9where out-of-state employees are employed or are otherwise
10required to register.
11    (D-1) As used in this Article, "supervising officer" means
12the assigned Illinois Department of Corrections parole agent
13or county probation officer.
14    (E) As used in this Article, "sexual predator" means any
15person who, after July 1, 1999, is:
16        (1) Convicted for an offense of federal, Uniform Code
17    of Military Justice, sister state, or foreign country law
18    that is substantially equivalent to any offense listed in
19    subsection (E) or (E-5) of this Section shall constitute a
20    conviction for the purpose of this Article. Convicted of a
21    violation or attempted violation of any of the following
22    Sections of the Criminal Code of 1961 or the Criminal Code
23    of 2012:
24            10-5.1 (luring of a minor),
25            11-14.4 that involves keeping a place of
26        commercial sexual exploitation of a child juvenile

 

 

HB3150- 393 -LRB103 28611 RLC 54992 b

1        prostitution, or 11-17.1 (keeping a place of
2        commercial sexual exploitation of a child juvenile
3        prostitution),
4            subdivision (a)(2) or (a)(3) of Section 11-14.4,
5        or Section 11-19.1 (juvenile pimping),
6            subdivision (a)(4) of Section 11-14.4, or Section
7        11-19.2 (exploitation of a child),
8            11-20.1 (child pornography),
9            11-20.1B or 11-20.3 (aggravated child
10        pornography),
11            11-1.20 or 12-13 (criminal sexual assault),
12            11-1.30 or 12-14 (aggravated criminal sexual
13        assault),
14            11-1.40 or 12-14.1 (predatory criminal sexual
15        assault of a child),
16            11-1.60 or 12-16 (aggravated criminal sexual
17        abuse),
18            12-33 (ritualized abuse of a child);
19        (2) (blank);
20        (3) declared as a sexually dangerous person pursuant
21    to the Sexually Dangerous Persons Act or any substantially
22    similar federal, Uniform Code of Military Justice, sister
23    state, or foreign country law;
24        (4) found to be a sexually violent person pursuant to
25    the Sexually Violent Persons Commitment Act or any
26    substantially similar federal, Uniform Code of Military

 

 

HB3150- 394 -LRB103 28611 RLC 54992 b

1    Justice, sister state, or foreign country law;
2        (5) convicted of a second or subsequent offense which
3    requires registration pursuant to this Act. For purposes
4    of this paragraph (5), "convicted" shall include a
5    conviction under any substantially similar Illinois,
6    federal, Uniform Code of Military Justice, sister state,
7    or foreign country law;
8        (6) (blank); or
9        (7) if the person was convicted of an offense set
10    forth in this subsection (E) on or before July 1, 1999, the
11    person is a sexual predator for whom registration is
12    required only when the person is convicted of a felony
13    offense after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15    (E-5) As used in this Article, "sexual predator" also
16means a person convicted of a violation or attempted violation
17of any of the following Sections of the Criminal Code of 1961
18or the Criminal Code of 2012:
19        (1) Section 9-1 (first degree murder, when the victim
20    was a person under 18 years of age and the defendant was at
21    least 17 years of age at the time of the commission of the
22    offense, provided the offense was sexually motivated as
23    defined in Section 10 of the Sex Offender Management Board
24    Act);
25        (2) Section 11-9.5 (sexual misconduct with a person
26    with a disability);

 

 

HB3150- 395 -LRB103 28611 RLC 54992 b

1        (3) when the victim is a person under 18 years of age,
2    the defendant is not a parent of the victim, the offense
3    was sexually motivated as defined in Section 10 of the Sex
4    Offender Management Board Act, and the offense was
5    committed on or after January 1, 1996: (A) Section 10-1
6    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
7    (C) Section 10-3 (unlawful restraint), and (D) Section
8    10-3.1 (aggravated unlawful restraint); and
9        (4) Section 10-5(b)(10) (child abduction committed by
10    luring or attempting to lure a child under the age of 16
11    into a motor vehicle, building, house trailer, or dwelling
12    place without the consent of the parent or lawful
13    custodian of the child for other than a lawful purpose and
14    the offense was committed on or after January 1, 1998,
15    provided the offense was sexually motivated as defined in
16    Section 10 of the Sex Offender Management Board Act).
17    (E-10) As used in this Article, "sexual predator" also
18means a person required to register in another State due to a
19conviction, adjudication or other action of any court
20triggering an obligation to register as a sex offender, sexual
21predator, or substantially similar status under the laws of
22that State.
23    (F) As used in this Article, "out-of-state student" means
24any sex offender, as defined in this Section, or sexual
25predator who is enrolled in Illinois, on a full-time or
26part-time basis, in any public or private educational

 

 

HB3150- 396 -LRB103 28611 RLC 54992 b

1institution, including, but not limited to, any secondary
2school, trade or professional institution, or institution of
3higher learning.
4    (G) As used in this Article, "out-of-state employee" means
5any sex offender, as defined in this Section, or sexual
6predator who works in Illinois, regardless of whether the
7individual receives payment for services performed, for a
8period of time of 10 or more days or for an aggregate period of
9time of 30 or more days during any calendar year. Persons who
10operate motor vehicles in the State accrue one day of
11employment time for any portion of a day spent in Illinois.
12    (H) As used in this Article, "school" means any public or
13private educational institution, including, but not limited
14to, any elementary or secondary school, trade or professional
15institution, or institution of higher education.
16    (I) As used in this Article, "fixed residence" means any
17and all places that a sex offender resides for an aggregate
18period of time of 5 or more days in a calendar year.
19    (J) As used in this Article, "Internet protocol address"
20means the string of numbers by which a location on the Internet
21is identified by routers or other computers connected to the
22Internet.
23(Source: P.A. 100-428, eff. 1-1-18.)
 
24    Section 85. The Code of Civil Procedure is amended by
25changing Section 8-802.1 as follows:
 

 

 

HB3150- 397 -LRB103 28611 RLC 54992 b

1    (735 ILCS 5/8-802.1)  (from Ch. 110, par. 8-802.1)
2    Sec. 8-802.1. Confidentiality of statements made to rape
3crisis personnel.
4    (a) Purpose. This Section is intended to protect victims
5of rape from public disclosure of statements they make in
6confidence to counselors of organizations established to help
7them. On or after July 1, 1984, "rape" means an act of forced
8sexual penetration or sexual conduct, as defined in Section
911-0.1 of the Criminal Code of 2012, including acts prohibited
10under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16
11of the Criminal Code of 1961 or the Criminal Code of 2012.
12Because of the fear and stigma that often results from those
13crimes, many victims hesitate to seek help even where it is
14available at no cost to them. As a result they not only fail to
15receive needed medical care and emergency counseling, but may
16lack the psychological support necessary to report the crime
17and aid police in preventing future crimes.
18    (b) Definitions. As used in this Act:
19        (1) "Rape crisis organization" means any organization
20    or association a major purpose of which is providing
21    information, counseling, and psychological support to
22    victims of any or all of the crimes of aggravated criminal
23    sexual assault, predatory criminal sexual assault of a
24    child, criminal sexual assault, sexual relations between
25    siblings, criminal sexual abuse and aggravated criminal

 

 

HB3150- 398 -LRB103 28611 RLC 54992 b

1    sexual abuse. "Rape crisis organization" includes, but is
2    not limited to, rape crisis centers certified by a
3    statewide sexual assault coalition.
4        (2) "Rape crisis counselor" means a person who is a
5    psychologist, social worker, employee, or volunteer in any
6    organization or association defined as a rape crisis
7    organization under this Section, who has undergone 40
8    hours of training and is under the control of a direct
9    services supervisor of a rape crisis organization.
10        (3) "Victim" means a person who is the subject of, or
11    who seeks information, counseling, or advocacy services as
12    a result of an aggravated criminal sexual assault,
13    predatory criminal sexual assault of a child, criminal
14    sexual assault, sexual relations within families, criminal
15    sexual abuse, aggravated criminal sexual abuse, sexual
16    exploitation of a child, indecent solicitation of a child,
17    public indecency, exploitation of a child, promoting
18    commercial sexual exploitation of a child juvenile
19    prostitution as described in subdivision (a)(4) of Section
20    11-14.4, or an attempt to commit any of these offenses.
21        (4) "Confidential communication" means any
22    communication between a victim and a rape crisis counselor
23    in the course of providing information, counseling, and
24    advocacy. The term includes all records kept by the
25    counselor or by the organization in the course of
26    providing services to an alleged victim concerning the

 

 

HB3150- 399 -LRB103 28611 RLC 54992 b

1    alleged victim and the services provided.
2    (c) Waiver of privilege.
3        (1) The confidential nature of the communication is
4    not waived by: the presence of a third person who further
5    expresses the interests of the victim at the time of the
6    communication; group counseling; or disclosure to a third
7    person with the consent of the victim when reasonably
8    necessary to accomplish the purpose for which the
9    counselor is consulted.
10        (2) The confidential nature of counseling records is
11    not waived when: the victim inspects the records; or in
12    the case of a minor child less than 12 years of age, a
13    parent or guardian whose interests are not adverse to the
14    minor inspects the records; or in the case of a minor
15    victim 12 years or older, a parent or guardian whose
16    interests are not adverse to the minor inspects the
17    records with the victim's consent, or in the case of an
18    adult who has a guardian of his or her person, the guardian
19    inspects the records with the victim's consent.
20        (3) When a victim is deceased, the executor or
21    administrator of the victim's estate may waive the
22    privilege established by this Section, unless the executor
23    or administrator has an interest adverse to the victim.
24        (4) A minor victim 12 years of age or older may
25    knowingly waive the privilege established in this Section.
26    When a minor is, in the opinion of the Court, incapable of

 

 

HB3150- 400 -LRB103 28611 RLC 54992 b

1    knowingly waiving the privilege, the parent or guardian of
2    the minor may waive the privilege on behalf of the minor,
3    unless the parent or guardian has been charged with a
4    violent crime against the victim or otherwise has any
5    interest adverse to that of the minor with respect to the
6    waiver of the privilege.
7        (5) An adult victim who has a guardian of his or her
8    person may knowingly waive the privilege established in
9    this Section. When the victim is, in the opinion of the
10    court, incapable of knowingly waiving the privilege, the
11    guardian of the adult victim may waive the privilege on
12    behalf of the victim, unless the guardian has been charged
13    with a violent crime against the victim or otherwise has
14    any interest adverse to the victim with respect to the
15    privilege.
16    (d) Confidentiality. Except as provided in this Act, no
17rape crisis counselor shall disclose any confidential
18communication or be examined as a witness in any civil or
19criminal proceeding as to any confidential communication
20without the written consent of the victim or a representative
21of the victim as provided in subparagraph (c).
22    (e) A rape crisis counselor may disclose a confidential
23communication without the consent of the victim if failure to
24disclose is likely to result in a clear, imminent risk of
25serious physical injury or death of the victim or another
26person. Any rape crisis counselor or rape crisis organization

 

 

HB3150- 401 -LRB103 28611 RLC 54992 b

1participating in good faith in the disclosing of records and
2communications under this Act shall have immunity from any
3liability, civil, criminal, or otherwise that might result
4from the action. In any proceeding, civil or criminal, arising
5out of a disclosure under this Section, the good faith of any
6rape crisis counselor or rape crisis organization who
7disclosed the confidential communication shall be presumed.
8    (f) Any rape crisis counselor who knowingly discloses any
9confidential communication in violation of this Act commits a
10Class C misdemeanor.
11(Source: P.A. 102-469, eff. 1-1-22.)
 
12    Section 90. The Lewdness Public Nuisance Act is amended by
13changing the title of the Act and Sections 1 and 10 as follows:
 
14    (740 ILCS 105/Act title)
15    An Act regarding places used for purposes of lewdness,
16assignation, or commercial sexual activity prostitution, to
17declare the same to be public nuisances, and to provide for the
18more effectual suppression thereof.
 
19    (740 ILCS 105/1)  (from Ch. 100 1/2, par. 1)
20    Sec. 1. All buildings and apartments, and all places, and
21the fixtures and movable contents thereof, used for purposes
22of lewdness, assignation, or commercial sexual activity
23prostitution, are hereby declared to be public nuisances, and

 

 

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1may be abated as hereinafter provided. The owners, agents, and
2occupants of any such building or apartment, or of any such
3place shall be deemed guilty of maintaining a public nuisance,
4and may be enjoined as hereinafter provided.
5(Source: Laws 1915, p. 371.)
 
6    (740 ILCS 105/10)  (from Ch. 100 1/2, par. 10)
7    Sec. 10. If any lessee or occupant shall use leased
8premises for the purpose of lewdness, assignation or
9commercial sexual activity prostitution, or shall permit them
10to be used for any of such purposes, the lease or contract for
11letting such premises shall, at the option of the lessor,
12become void, and the owner may have the like remedy to recover
13possession thereof as against a tenant holding over after the
14expiration of his term.
15(Source: Laws 1915, p. 371.)
 
16    Section 95. The Trafficking Victims Protection Act is
17amended by changing Section 10 as follows:
 
18    (740 ILCS 128/10)
19    Sec. 10. Definitions. As used in this Act:
20    "Human trafficking" means a violation or attempted
21violation of subsection (d) of Section 10-9 of the Criminal
22Code of 2012.
23    "Involuntary servitude" means a violation or attempted

 

 

HB3150- 403 -LRB103 28611 RLC 54992 b

1violation of subsection (b) of Section 10-9 of the Criminal
2Code of 2012.
3    "Sex trade" means a violation or attempted violation of
4any of the following Sections of the Criminal Code of 1961 or
5the Criminal Code of 2012: 11-14.3 (promoting commercial
6sexual activity prostitution); 11-14.4 (promoting commercial
7sexual exploitation of a child juvenile prostitution); 11-15
8(soliciting for a provider of commercial sexual activity
9prostitute); 11-15.1 (soliciting for a sexually exploited
10child juvenile prostitute); 11-16 (pandering); 11-17 (keeping
11a place of commercial sexual activity prostitution); 11-17.1
12(keeping a place of commercial sexual exploitation of a child
13juvenile prostitution); 11-19 (pimping); 11-19.1 (juvenile
14pimping and aggravated juvenile pimping); 11-19.2
15(exploitation of a child); 11-20 (obscenity); 11-20.1 (child
16pornography); 11-20.1B or 11-20.3 (aggravated child
17pornography); or subsection (c) of Section 10-9 (involuntary
18sexual servitude of a minor).
19    "Sex trade" activity may involve adults and youth of all
20genders and sexual orientations.
21    "Victim of the sex trade" means, for the following sex
22trade acts, the person or persons indicated:
23        (1) soliciting for a provider of commercial sexual
24    activity prostitute: the provider of commercial sexual
25    activity prostitute who is the object of the solicitation;
26        (2) soliciting for a sexually exploited child juvenile

 

 

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1    prostitute: the sexually exploited child juvenile
2    prostitute, or person with a severe or profound
3    intellectual disability, who is the object of the
4    solicitation;
5        (3) promoting commercial sexual activity prostitution
6    as described in subdivision (a)(2)(A) or (a)(2)(B) of
7    Section 11-14.3 of the Criminal Code of 1961 or the
8    Criminal Code of 2012, or pandering: the person intended
9    or compelled to act as a provider of commercial sexual
10    activity prostitute;
11        (4) keeping a place of commercial sexual activity
12    prostitution: any person intended or compelled to act as a
13    provider of commercial sexual activity prostitute, while
14    present at the place, during the time period in question;
15        (5) keeping a place of commercial sexual exploitation
16    of a child juvenile prostitution: any juvenile intended or
17    compelled to act as a provider of commercial sexual
18    activity prostitute, while present at the place, during
19    the time period in question;
20        (6) promoting commercial sexual activity prostitution
21    as described in subdivision (a)(2)(C) of Section 11-14.3
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    or pimping: the provider of commercial sexual activity
24    prostitute from whom anything of value is received;
25        (7) promoting commercial sexual exploitation of a
26    child juvenile prostitution as described in subdivision

 

 

HB3150- 405 -LRB103 28611 RLC 54992 b

1    (a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code
2    of 1961 or the Criminal Code of 2012, or juvenile pimping
3    and aggravated juvenile pimping: the juvenile, or person
4    with a severe or profound intellectual disability, from
5    whom anything of value is received for that person's act
6    of commercial sexual activity prostitution;
7        (8) promoting commercial sexual exploitation of a
8    child juvenile prostitution as described in subdivision
9    (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or
10    the Criminal Code of 2012, or exploitation of a child: the
11    juvenile, or person with a severe or profound intellectual
12    disability, intended or compelled to act as a provider of
13    commercial sexual activity prostitute or from whom
14    anything of value is received for that person's act of
15    commercial sexual activity prostitution;
16        (9) obscenity: any person who appears in or is
17    described or depicted in the offending conduct or
18    material;
19        (10) child pornography or aggravated child
20    pornography: any child, or person with a severe or
21    profound intellectual disability, who appears in or is
22    described or depicted in the offending conduct or
23    material; or
24        (11) involuntary sexual servitude of a minor as
25    defined in subsection (c) of Section 10-9 of the Criminal
26    Code of 1961 or the Criminal Code of 2012.

 

 

HB3150- 406 -LRB103 28611 RLC 54992 b

1(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
 
2    Section 100. The Illinois Streetgang Terrorism Omnibus
3Prevention Act is amended by changing Section 10 as follows:
 
4    (740 ILCS 147/10)
5    Sec. 10. Definitions.
6    "Course or pattern of criminal activity" means 2 or more
7gang-related criminal offenses committed in whole or in part
8within this State when:
9        (1) at least one such offense was committed after the
10    effective date of this Act;
11        (2) both offenses were committed within 5 years of
12    each other; and
13        (3) at least one offense involved the solicitation to
14    commit, conspiracy to commit, attempt to commit, or
15    commission of any offense defined as a felony or forcible
16    felony under the Criminal Code of 1961 or the Criminal
17    Code of 2012.
18    "Course or pattern of criminal activity" also means one or
19more acts of criminal defacement of property under Section
2021-1.3 of the Criminal Code of 1961 or the Criminal Code of
212012, if the defacement includes a sign or other symbol
22intended to identify the streetgang.
23    "Designee of State's Attorney" or "designee" means any
24attorney for a public authority who has received written

 

 

HB3150- 407 -LRB103 28611 RLC 54992 b

1permission from the State's Attorney to file or join in a civil
2action authorized by this Act.
3    "Public authority" means any unit of local government or
4school district created or established under the Constitution
5or laws of this State.
6    "State's Attorney" means the State's Attorney of any
7county where an offense constituting a part of a course or
8pattern of gang-related criminal activity has occurred or has
9been committed.
10    "Streetgang" or "gang" or "organized gang" or "criminal
11street gang" means any combination, confederation, alliance,
12network, conspiracy, understanding, or other similar
13conjoining, in law or in fact, of 3 or more persons with an
14established hierarchy that, through its membership or through
15the agency of any member engages in a course or pattern of
16criminal activity.
17    For purposes of this Act, it shall not be necessary to show
18that a particular conspiracy, combination, or conjoining of
19persons possesses, acknowledges, or is known by any common
20name, insignia, flag, means of recognition, secret signal or
21code, creed, belief, structure, leadership or command
22structure, method of operation or criminal enterprise,
23concentration or specialty, membership, age, or other
24qualifications, initiation rites, geographical or territorial
25situs or boundary or location, or other unifying mark, manner,
26protocol or method of expressing or indicating membership when

 

 

HB3150- 408 -LRB103 28611 RLC 54992 b

1the conspiracy's existence, in law or in fact, can be
2demonstrated by a preponderance of other competent evidence.
3However, any evidence reasonably tending to show or
4demonstrate, in law or in fact, the existence of or membership
5in any conspiracy, confederation, or other association
6described herein, or probative of the existence of or
7membership in any such association, shall be admissible in any
8action or proceeding brought under this Act.
9    "Streetgang member" or "gang member" means any person who
10actually and in fact belongs to a gang, and any person who
11knowingly acts in the capacity of an agent for or accessory to,
12or is legally accountable for, or voluntarily associates
13himself with a course or pattern of gang-related criminal
14activity, whether in a preparatory, executory, or cover-up
15phase of any activity, or who knowingly performs, aids, or
16abets any such activity.
17    "Streetgang related" or "gang-related" means any criminal
18activity, enterprise, pursuit, or undertaking directed by,
19ordered by, authorized by, consented to, agreed to, requested
20by, acquiesced in, or ratified by any gang leader, officer, or
21governing or policy-making person or authority, or by any
22agent, representative, or deputy of any such officer, person,
23or authority:
24        (1) with the intent to increase the gang's size,
25    membership, prestige, dominance, or control in any
26    geographical area; or

 

 

HB3150- 409 -LRB103 28611 RLC 54992 b

1        (2) with the intent to provide the gang with any
2    advantage in, or any control or dominance over any
3    criminal market sector, including but not limited to, the
4    manufacture, delivery, or sale of controlled substances or
5    cannabis; arson or arson-for-hire; traffic in stolen
6    property or stolen credit cards; traffic in commercial
7    sexual activity prostitution, obscenity, or pornography;
8    or that involves robbery, burglary, or theft; or
9        (3) with the intent to exact revenge or retribution
10    for the gang or any member of the gang; or
11        (4) with the intent to obstruct justice, or intimidate
12    or eliminate any witness against the gang or any member of
13    the gang; or
14        (5) with the intent to otherwise directly or
15    indirectly cause any benefit, aggrandizement, gain, profit
16    or other advantage whatsoever to or for the gang, its
17    reputation, influence, or membership.
18(Source: P.A. 97-1150, eff. 1-25-13.)
 
19    Section 105. The Illinois Securities Law of 1953 is
20amended by changing Section 7a as follows:
 
21    (815 ILCS 5/7a)  (from Ch. 121 1/2, par. 137.7a)
22    Sec. 7a. (a) Except as provided in subsection (b) of this
23Section, no securities, issued by an issuer engaged in or
24deriving revenues from the conduct of any business or

 

 

HB3150- 410 -LRB103 28611 RLC 54992 b

1profession, the conduct of which would violate Section 11-14,
211-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2),
3or (a)(3) or that involves soliciting for a sexually exploited
4child juvenile prostitute, 11-15, 11-15.1, 11-16, 11-17, 11-19
5or 11-19.1 of the Criminal Code of 1961 or the Criminal Code of
62012, if conducted in this State, shall be sold or registered
7pursuant to Section 5, 6 or 7 of this Act nor sold pursuant to
8the provisions of Section 3 or 4 of this Act.
9    (b) Notwithstanding the provisions of subsection (a)
10hereof, such securities issued prior to the effective date of
11this amendatory Act of 1989 may be sold by a resident of this
12State in transactions which qualify for an exemption from the
13registration requirements of this Act pursuant to subsection A
14of Section 4 of this Act.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
16    Section 995. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that
20text does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.

 

 

HB3150- 411 -LRB103 28611 RLC 54992 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 70/1.45 new
4    20 ILCS 2630/5.2
5    20 ILCS 4026/10
6    55 ILCS 5/5-10008from Ch. 34, par. 5-10008
7    65 ILCS 5/11-5-4from Ch. 24, par. 11-5-4
8    225 ILCS 57/15
9    225 ILCS 57/45
10    225 ILCS 515/10from Ch. 111, par. 910
11    235 ILCS 5/6-2from Ch. 43, par. 120
12    325 ILCS 40/2from Ch. 23, par. 2252
13    625 ILCS 5/6-206
14    705 ILCS 405/2-3from Ch. 37, par. 802-3
15    720 ILCS 5/1-6from Ch. 38, par. 1-6
16    720 ILCS 5/3-6from Ch. 38, par. 3-6
17    720 ILCS 5/8-2from Ch. 38, par. 8-2
18    720 ILCS 5/10-9
19    720 ILCS 5/11-0.1
20    720 ILCS 5/11-9.1A
21    720 ILCS 5/11-9.3
22    720 ILCS 5/Art. 11 Subdiv.
23    15 heading
24    720 ILCS 5/11-14from Ch. 38, par. 11-14
25    720 ILCS 5/11-14.1

 

 

HB3150- 412 -LRB103 28611 RLC 54992 b

1    720 ILCS 5/11-14.3
2    720 ILCS 5/11-14.4
3    720 ILCS 5/11-18from Ch. 38, par. 11-18
4    720 ILCS 5/11-18.1from Ch. 38, par. 11-18.1
5    720 ILCS 5/14-3
6    720 ILCS 5/33G-3
7    720 ILCS 5/36-1from Ch. 38, par. 36-1
8    720 ILCS 640/1from Ch. 23, par. 2369
9    725 ILCS 5/108B-3from Ch. 38, par. 108B-3
10    725 ILCS 5/111-8from Ch. 38, par. 111-8
11    725 ILCS 5/115-6.1
12    725 ILCS 5/116-2.1
13    725 ILCS 5/124B-10
14    725 ILCS 5/124B-100
15    725 ILCS 5/124B-300
16    725 ILCS 207/40
17    725 ILCS 215/2from Ch. 38, par. 1702
18    725 ILCS 215/3from Ch. 38, par. 1703
19    730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2
20    730 ILCS 5/3-2.5-95
21    730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
22    730 ILCS 5/5-5-3
23    730 ILCS 5/5-5-3.2
24    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
25    730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
26    730 ILCS 5/5-9-1.7from Ch. 38, par. 1005-9-1.7

 

 

HB3150- 413 -LRB103 28611 RLC 54992 b

1    730 ILCS 5/5-9-1.21
2    730 ILCS 150/2from Ch. 38, par. 222
3    735 ILCS 5/8-802.1from Ch. 110, par. 8-802.1
4    740 ILCS 105/Act title
5    740 ILCS 105/1from Ch. 100 1/2, par. 1
6    740 ILCS 105/10from Ch. 100 1/2, par. 10
7    740 ILCS 128/10
8    740 ILCS 147/10
9    815 ILCS 5/7afrom Ch. 121 1/2, par. 137.7a