103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1597

 

Introduced 2/8/2023, by Sen. Jason Plummer

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Police Training Act. Includes, in the minimum curriculum for police training schools, training in investigating domestic minor sex trafficking. Amends the Abused and Neglected Child Reporting Act. Provides that a child shall be considered abused regardless of the perpetrator of the abuse if the child is a human trafficking victim. Amends the Juvenile Court Act of 1987. Provides for immediate expungement of juvenile court and law enforcement records of minors who are human trafficking victims involved in prostitution. Amends the Criminal Code of 2012. Deletes provision that commercial sexual activity and sexually-explicit performances are forms of activities that are "services" under the human trafficking statute. Provides that involuntary sexual servitude of a minor includes purchasing sexual services of the minor whether from the trafficker or minor. Provides that it is not a defense to involuntary sexual servitude of a minor that the accused reasonably believed the trafficking victim to be 18 years of age or over. Eliminates other mistake of age defenses concerning grooming and patronizing a minor engaged in prostitution. Provides that a person who is a victim of involuntary sexual servitude of a minor is deemed a crime victim and is eligible for protections afforded to crime victims. Amends the Code of Criminal Procedure of 1963 to permit a motion to vacate an adjudication of delinquency of a human trafficking victim who engaged in prostitution. Amends the Sex Offender Registration Act. Makes violations concerning trafficking in persons, involuntary servitude, and related offenses registrable offenses under the Act. Amends the Crime Victims Compensation Act to provide that a trafficking victim who is under 18 years of age is not subject to the filing requirements of the Act and is not subject to the eligibility requirements of the Act.


LRB103 25390 RLC 51736 b

 

 

A BILL FOR

 

SB1597LRB103 25390 RLC 51736 b

1    AN ACT concerning human trafficking.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 7 as follows:
 
6    (50 ILCS 705/7)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 7. Rules and standards for schools. The Board shall
9adopt rules and minimum standards for such schools which shall
10include, but not be limited to, the following:
11        a. The curriculum for probationary law enforcement
12    officers which shall be offered by all certified schools
13    shall include, but not be limited to, courses of
14    procedural justice, arrest and use and control tactics,
15    search and seizure, including temporary questioning, civil
16    rights, human rights, human relations, cultural
17    competency, including implicit bias and racial and ethnic
18    sensitivity, criminal law, law of criminal procedure,
19    constitutional and proper use of law enforcement
20    authority, crisis intervention training, vehicle and
21    traffic law including uniform and non-discriminatory
22    enforcement of the Illinois Vehicle Code, traffic control
23    and accident investigation, techniques of obtaining

 

 

SB1597- 2 -LRB103 25390 RLC 51736 b

1    physical evidence, court testimonies, statements, reports,
2    firearms training, training in the use of electronic
3    control devices, including the psychological and
4    physiological effects of the use of those devices on
5    humans, first-aid (including cardiopulmonary
6    resuscitation), training in the administration of opioid
7    antagonists as defined in paragraph (1) of subsection (e)
8    of Section 5-23 of the Substance Use Disorder Act,
9    handling of juvenile offenders, recognition of mental
10    conditions and crises, including, but not limited to, the
11    disease of addiction, which require immediate assistance
12    and response and methods to safeguard and provide
13    assistance to a person in need of mental treatment,
14    recognition of abuse, neglect, financial exploitation, and
15    self-neglect of adults with disabilities and older adults,
16    as defined in Section 2 of the Adult Protective Services
17    Act, crimes against the elderly, law of evidence, the
18    hazards of high-speed police vehicle chases with an
19    emphasis on alternatives to the high-speed chase, and
20    physical training. The curriculum shall include specific
21    training in techniques for immediate response to and
22    investigation of cases of domestic violence and of sexual
23    assault of adults and children, including cultural
24    perceptions and common myths of sexual assault and sexual
25    abuse as well as interview techniques that are age
26    sensitive and are trauma informed, victim centered, and

 

 

SB1597- 3 -LRB103 25390 RLC 51736 b

1    victim sensitive. The curriculum shall include training in
2    techniques designed to promote effective communication at
3    the initial contact with crime victims and ways to
4    comprehensively explain to victims and witnesses their
5    rights under the Rights of Crime Victims and Witnesses Act
6    and the Crime Victims Compensation Act. The curriculum
7    shall also include training in effective recognition of
8    and responses to stress, trauma, and post-traumatic stress
9    experienced by law enforcement officers that is consistent
10    with Section 25 of the Illinois Mental Health First Aid
11    Training Act in a peer setting, including recognizing
12    signs and symptoms of work-related cumulative stress,
13    issues that may lead to suicide, and solutions for
14    intervention with peer support resources. The curriculum
15    shall include a block of instruction addressing the
16    mandatory reporting requirements under the Abused and
17    Neglected Child Reporting Act. The curriculum shall also
18    include a block of instruction aimed at identifying and
19    interacting with persons with autism and other
20    developmental or physical disabilities, reducing barriers
21    to reporting crimes against persons with autism, and
22    addressing the unique challenges presented by cases
23    involving victims or witnesses with autism and other
24    developmental disabilities. The curriculum shall include
25    training in the detection and investigation of all forms
26    of human trafficking. The curriculum shall also include

 

 

SB1597- 4 -LRB103 25390 RLC 51736 b

1    instruction in trauma-informed responses designed to
2    ensure the physical safety and well-being of a child of an
3    arrested parent or immediate family member; this
4    instruction must include, but is not limited to: (1)
5    understanding the trauma experienced by the child while
6    maintaining the integrity of the arrest and safety of
7    officers, suspects, and other involved individuals; (2)
8    de-escalation tactics that would include the use of force
9    when reasonably necessary; and (3) inquiring whether a
10    child will require supervision and care. The curriculum
11    for probationary law enforcement officers shall include:
12    (1) at least 12 hours of hands-on, scenario-based
13    role-playing; (2) at least 6 hours of instruction on use
14    of force techniques, including the use of de-escalation
15    techniques to prevent or reduce the need for force
16    whenever safe and feasible; (3) specific training on
17    officer safety techniques, including cover, concealment,
18    and time; and (4) at least 6 hours of training focused on
19    high-risk traffic stops. The curriculum for permanent law
20    enforcement officers shall include, but not be limited to:
21    (1) refresher and in-service training in any of the
22    courses listed above in this subparagraph, (2) advanced
23    courses in any of the subjects listed above in this
24    subparagraph, (3) training for supervisory personnel, and
25    (4) specialized training in subjects and fields to be
26    selected by the board. The training in the use of

 

 

SB1597- 5 -LRB103 25390 RLC 51736 b

1    electronic control devices shall be conducted for
2    probationary law enforcement officers, including
3    University police officers. The curriculum shall also
4    include training on the use of a firearms restraining
5    order by providing instruction on the process used to file
6    a firearms restraining order and how to identify
7    situations in which a firearms restraining order is
8    appropriate.
9        b. Minimum courses of study, attendance requirements
10    and equipment requirements.
11        c. Minimum requirements for instructors.
12        d. Minimum basic training requirements, which a
13    probationary law enforcement officer must satisfactorily
14    complete before being eligible for permanent employment as
15    a local law enforcement officer for a participating local
16    governmental or State governmental agency. Those
17    requirements shall include training in first aid
18    (including cardiopulmonary resuscitation).
19        e. Minimum basic training requirements, which a
20    probationary county corrections officer must
21    satisfactorily complete before being eligible for
22    permanent employment as a county corrections officer for a
23    participating local governmental agency.
24        f. Minimum basic training requirements which a
25    probationary court security officer must satisfactorily
26    complete before being eligible for permanent employment as

 

 

SB1597- 6 -LRB103 25390 RLC 51736 b

1    a court security officer for a participating local
2    governmental agency. The Board shall establish those
3    training requirements which it considers appropriate for
4    court security officers and shall certify schools to
5    conduct that training.
6        A person hired to serve as a court security officer
7    must obtain from the Board a certificate (i) attesting to
8    the officer's successful completion of the training
9    course; (ii) attesting to the officer's satisfactory
10    completion of a training program of similar content and
11    number of hours that has been found acceptable by the
12    Board under the provisions of this Act; or (iii) attesting
13    to the Board's determination that the training course is
14    unnecessary because of the person's extensive prior law
15    enforcement experience.
16        Individuals who currently serve as court security
17    officers shall be deemed qualified to continue to serve in
18    that capacity so long as they are certified as provided by
19    this Act within 24 months of June 1, 1997 (the effective
20    date of Public Act 89-685). Failure to be so certified,
21    absent a waiver from the Board, shall cause the officer to
22    forfeit his or her position.
23        All individuals hired as court security officers on or
24    after June 1, 1997 (the effective date of Public Act
25    89-685) shall be certified within 12 months of the date of
26    their hire, unless a waiver has been obtained by the

 

 

SB1597- 7 -LRB103 25390 RLC 51736 b

1    Board, or they shall forfeit their positions.
2        The Sheriff's Merit Commission, if one exists, or the
3    Sheriff's Office if there is no Sheriff's Merit
4    Commission, shall maintain a list of all individuals who
5    have filed applications to become court security officers
6    and who meet the eligibility requirements established
7    under this Act. Either the Sheriff's Merit Commission, or
8    the Sheriff's Office if no Sheriff's Merit Commission
9    exists, shall establish a schedule of reasonable intervals
10    for verification of the applicants' qualifications under
11    this Act and as established by the Board.
12        g. Minimum in-service training requirements, which a
13    law enforcement officer must satisfactorily complete every
14    3 years. Those requirements shall include constitutional
15    and proper use of law enforcement authority, procedural
16    justice, civil rights, human rights, reporting child abuse
17    and neglect, and cultural competency, including implicit
18    bias and racial and ethnic sensitivity. These trainings
19    shall consist of at least 30 hours of training every 3
20    years.
21        h. Minimum in-service training requirements, which a
22    law enforcement officer must satisfactorily complete at
23    least annually. Those requirements shall include law
24    updates, emergency medical response training and
25    certification, crisis intervention training, and officer
26    wellness and mental health.

 

 

SB1597- 8 -LRB103 25390 RLC 51736 b

1        i. Minimum in-service training requirements as set
2    forth in Section 10.6.
3    The amendatory changes to this Section made by Public Act
4101-652 shall take effect January 1, 2022.
5    Notwithstanding any provision of law to the contrary, the
6changes made to this Section by this amendatory Act of the
7102nd General Assembly, Public Act 101-652, and Public Act
8102-28 take effect July 1, 2022.
9(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
10101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
118-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1210-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
131-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
14eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
 
15    (Text of Section after amendment by P.A. 102-982)
16    Sec. 7. Rules and standards for schools. The Board shall
17adopt rules and minimum standards for such schools which shall
18include, but not be limited to, the following:
19        a. The curriculum for probationary law enforcement
20    officers which shall be offered by all certified schools
21    shall include, but not be limited to, courses of
22    procedural justice, arrest and use and control tactics,
23    search and seizure, including temporary questioning, civil
24    rights, human rights, human relations, cultural
25    competency, including implicit bias and racial and ethnic

 

 

SB1597- 9 -LRB103 25390 RLC 51736 b

1    sensitivity, criminal law, law of criminal procedure,
2    constitutional and proper use of law enforcement
3    authority, crisis intervention training, vehicle and
4    traffic law including uniform and non-discriminatory
5    enforcement of the Illinois Vehicle Code, traffic control
6    and crash investigation, techniques of obtaining physical
7    evidence, court testimonies, statements, reports, firearms
8    training, training in the use of electronic control
9    devices, including the psychological and physiological
10    effects of the use of those devices on humans, first-aid
11    (including cardiopulmonary resuscitation), training in the
12    administration of opioid antagonists as defined in
13    paragraph (1) of subsection (e) of Section 5-23 of the
14    Substance Use Disorder Act, handling of juvenile
15    offenders, recognition of mental conditions and crises,
16    including, but not limited to, the disease of addiction,
17    which require immediate assistance and response and
18    methods to safeguard and provide assistance to a person in
19    need of mental treatment, recognition of abuse, neglect,
20    financial exploitation, and self-neglect of adults with
21    disabilities and older adults, as defined in Section 2 of
22    the Adult Protective Services Act, crimes against the
23    elderly, training in investigating domestic minor sex
24    trafficking, law of evidence, the hazards of high-speed
25    police vehicle chases with an emphasis on alternatives to
26    the high-speed chase, and physical training. The

 

 

SB1597- 10 -LRB103 25390 RLC 51736 b

1    curriculum shall include specific training in techniques
2    for immediate response to and investigation of cases of
3    domestic violence and of sexual assault of adults and
4    children, including cultural perceptions and common myths
5    of sexual assault and sexual abuse as well as interview
6    techniques that are age sensitive and are trauma informed,
7    victim centered, and victim sensitive. The curriculum
8    shall include training in techniques designed to promote
9    effective communication at the initial contact with crime
10    victims and ways to comprehensively explain to victims and
11    witnesses their rights under the Rights of Crime Victims
12    and Witnesses Act and the Crime Victims Compensation Act.
13    The curriculum shall also include training in effective
14    recognition of and responses to stress, trauma, and
15    post-traumatic stress experienced by law enforcement
16    officers that is consistent with Section 25 of the
17    Illinois Mental Health First Aid Training Act in a peer
18    setting, including recognizing signs and symptoms of
19    work-related cumulative stress, issues that may lead to
20    suicide, and solutions for intervention with peer support
21    resources. The curriculum shall include a block of
22    instruction addressing the mandatory reporting
23    requirements under the Abused and Neglected Child
24    Reporting Act. The curriculum shall also include a block
25    of instruction aimed at identifying and interacting with
26    persons with autism and other developmental or physical

 

 

SB1597- 11 -LRB103 25390 RLC 51736 b

1    disabilities, reducing barriers to reporting crimes
2    against persons with autism, and addressing the unique
3    challenges presented by cases involving victims or
4    witnesses with autism and other developmental
5    disabilities. The curriculum shall include training in the
6    detection and investigation of all forms of human
7    trafficking. The curriculum shall also include instruction
8    in trauma-informed responses designed to ensure the
9    physical safety and well-being of a child of an arrested
10    parent or immediate family member; this instruction must
11    include, but is not limited to: (1) understanding the
12    trauma experienced by the child while maintaining the
13    integrity of the arrest and safety of officers, suspects,
14    and other involved individuals; (2) de-escalation tactics
15    that would include the use of force when reasonably
16    necessary; and (3) inquiring whether a child will require
17    supervision and care. The curriculum for probationary law
18    enforcement officers shall include: (1) at least 12 hours
19    of hands-on, scenario-based role-playing; (2) at least 6
20    hours of instruction on use of force techniques, including
21    the use of de-escalation techniques to prevent or reduce
22    the need for force whenever safe and feasible; (3)
23    specific training on officer safety techniques, including
24    cover, concealment, and time; and (4) at least 6 hours of
25    training focused on high-risk traffic stops. The
26    curriculum for permanent law enforcement officers shall

 

 

SB1597- 12 -LRB103 25390 RLC 51736 b

1    include, but not be limited to: (1) refresher and
2    in-service training in any of the courses listed above in
3    this subparagraph, (2) advanced courses in any of the
4    subjects listed above in this subparagraph, (3) training
5    for supervisory personnel, and (4) specialized training in
6    subjects and fields to be selected by the board. The
7    training in the use of electronic control devices shall be
8    conducted for probationary law enforcement officers,
9    including University police officers. The curriculum shall
10    also include training on the use of a firearms restraining
11    order by providing instruction on the process used to file
12    a firearms restraining order and how to identify
13    situations in which a firearms restraining order is
14    appropriate.
15        b. Minimum courses of study, attendance requirements
16    and equipment requirements.
17        c. Minimum requirements for instructors.
18        d. Minimum basic training requirements, which a
19    probationary law enforcement officer must satisfactorily
20    complete before being eligible for permanent employment as
21    a local law enforcement officer for a participating local
22    governmental or State governmental agency. Those
23    requirements shall include training in first aid
24    (including cardiopulmonary resuscitation).
25        e. Minimum basic training requirements, which a
26    probationary county corrections officer must

 

 

SB1597- 13 -LRB103 25390 RLC 51736 b

1    satisfactorily complete before being eligible for
2    permanent employment as a county corrections officer for a
3    participating local governmental agency.
4        f. Minimum basic training requirements which a
5    probationary court security officer must satisfactorily
6    complete before being eligible for permanent employment as
7    a court security officer for a participating local
8    governmental agency. The Board shall establish those
9    training requirements which it considers appropriate for
10    court security officers and shall certify schools to
11    conduct that training.
12        A person hired to serve as a court security officer
13    must obtain from the Board a certificate (i) attesting to
14    the officer's successful completion of the training
15    course; (ii) attesting to the officer's satisfactory
16    completion of a training program of similar content and
17    number of hours that has been found acceptable by the
18    Board under the provisions of this Act; or (iii) attesting
19    to the Board's determination that the training course is
20    unnecessary because of the person's extensive prior law
21    enforcement experience.
22        Individuals who currently serve as court security
23    officers shall be deemed qualified to continue to serve in
24    that capacity so long as they are certified as provided by
25    this Act within 24 months of June 1, 1997 (the effective
26    date of Public Act 89-685). Failure to be so certified,

 

 

SB1597- 14 -LRB103 25390 RLC 51736 b

1    absent a waiver from the Board, shall cause the officer to
2    forfeit his or her position.
3        All individuals hired as court security officers on or
4    after June 1, 1997 (the effective date of Public Act
5    89-685) shall be certified within 12 months of the date of
6    their hire, unless a waiver has been obtained by the
7    Board, or they shall forfeit their positions.
8        The Sheriff's Merit Commission, if one exists, or the
9    Sheriff's Office if there is no Sheriff's Merit
10    Commission, shall maintain a list of all individuals who
11    have filed applications to become court security officers
12    and who meet the eligibility requirements established
13    under this Act. Either the Sheriff's Merit Commission, or
14    the Sheriff's Office if no Sheriff's Merit Commission
15    exists, shall establish a schedule of reasonable intervals
16    for verification of the applicants' qualifications under
17    this Act and as established by the Board.
18        g. Minimum in-service training requirements, which a
19    law enforcement officer must satisfactorily complete every
20    3 years. Those requirements shall include constitutional
21    and proper use of law enforcement authority, procedural
22    justice, civil rights, human rights, reporting child abuse
23    and neglect, and cultural competency, including implicit
24    bias and racial and ethnic sensitivity. These trainings
25    shall consist of at least 30 hours of training every 3
26    years.

 

 

SB1597- 15 -LRB103 25390 RLC 51736 b

1        h. Minimum in-service training requirements, which a
2    law enforcement officer must satisfactorily complete at
3    least annually. Those requirements shall include law
4    updates, emergency medical response training and
5    certification, crisis intervention training, and officer
6    wellness and mental health.
7        i. Minimum in-service training requirements as set
8    forth in Section 10.6.
9    The amendatory changes to this Section made by Public Act
10101-652 shall take effect January 1, 2022.
11    Notwithstanding any provision of law to the contrary, the
12changes made to this Section by this amendatory Act of the
13102nd General Assembly, Public Act 101-652, and Public Act
14102-28, and Public Act 102-694 take effect July 1, 2022.
15(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
16101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
178-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1810-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
191-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
20eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
21revised 8-11-22.)
 
22    Section 10. The Abused and Neglected Child Reporting Act
23is amended by changing Section 3 as follows:
 
24    (325 ILCS 5/3)  (from Ch. 23, par. 2053)

 

 

SB1597- 16 -LRB103 25390 RLC 51736 b

1    Sec. 3. As used in this Act unless the context otherwise
2requires:
3    "Adult resident" means any person between 18 and 22 years
4of age who resides in any facility licensed by the Department
5under the Child Care Act of 1969. For purposes of this Act, the
6criteria set forth in the definitions of "abused child" and
7"neglected child" shall be used in determining whether an
8adult resident is abused or neglected.
9    "Agency" means a child care facility licensed under
10Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
11includes a transitional living program that accepts children
12and adult residents for placement who are in the guardianship
13of the Department.
14    "Blatant disregard" means an incident where the real,
15significant, and imminent risk of harm would be so obvious to a
16reasonable parent or caretaker that it is unlikely that a
17reasonable parent or caretaker would have exposed the child to
18the danger without exercising precautionary measures to
19protect the child from harm. With respect to a person working
20at an agency in his or her professional capacity with a child
21or adult resident, "blatant disregard" includes a failure by
22the person to perform job responsibilities intended to protect
23the child's or adult resident's health, physical well-being,
24or welfare, and, when viewed in light of the surrounding
25circumstances, evidence exists that would cause a reasonable
26person to believe that the child was neglected. With respect

 

 

SB1597- 17 -LRB103 25390 RLC 51736 b

1to an agency, "blatant disregard" includes a failure to
2implement practices that ensure the health, physical
3well-being, or welfare of the children and adult residents
4residing in the facility.
5    "Child" means any person under the age of 18 years, unless
6legally emancipated by reason of marriage or entry into a
7branch of the United States armed services.
8    "Department" means Department of Children and Family
9Services.
10    "Local law enforcement agency" means the police of a city,
11town, village or other incorporated area or the sheriff of an
12unincorporated area or any sworn officer of the Illinois State
13Police.
14    "Abused child" means a child whose parent or immediate
15family member, or any person responsible for the child's
16welfare, or any individual residing in the same home as the
17child, or a paramour of the child's parent:
18        (a) inflicts, causes to be inflicted, or allows to be
19    inflicted upon such child physical injury, by other than
20    accidental means, which causes death, disfigurement,
21    impairment of physical or emotional health, or loss or
22    impairment of any bodily function;
23        (b) creates a substantial risk of physical injury to
24    such child by other than accidental means which would be
25    likely to cause death, disfigurement, impairment of
26    physical or emotional health, or loss or impairment of any

 

 

SB1597- 18 -LRB103 25390 RLC 51736 b

1    bodily function;
2        (c) commits or allows to be committed any sex offense
3    against such child, as such sex offenses are defined in
4    the Criminal Code of 2012 or in the Wrongs to Children Act,
5    and extending those definitions of sex offenses to include
6    children under 18 years of age;
7        (d) commits or allows to be committed an act or acts of
8    torture upon such child;
9        (e) inflicts excessive corporal punishment or, in the
10    case of a person working for an agency who is prohibited
11    from using corporal punishment, inflicts corporal
12    punishment upon a child or adult resident with whom the
13    person is working in his or her professional capacity;
14        (f) commits or allows to be committed the offense of
15    female genital mutilation, as defined in Section 12-34 of
16    the Criminal Code of 2012, against the child;
17        (g) causes to be sold, transferred, distributed, or
18    given to such child under 18 years of age, a controlled
19    substance as defined in Section 102 of the Illinois
20    Controlled Substances Act in violation of Article IV of
21    the Illinois Controlled Substances Act or in violation of
22    the Methamphetamine Control and Community Protection Act,
23    except for controlled substances that are prescribed in
24    accordance with Article III of the Illinois Controlled
25    Substances Act and are dispensed to such child in a manner
26    that substantially complies with the prescription;

 

 

SB1597- 19 -LRB103 25390 RLC 51736 b

1        (h) commits or allows to be committed the offense of
2    involuntary servitude, involuntary sexual servitude of a
3    minor, or trafficking in persons as defined in Section
4    10-9 of the Criminal Code of 2012 against the child. A
5    child shall be considered abused regardless of the
6    perpetrator of the abuse if the child is a human
7    trafficking victim as defined in Section 10-9 of the
8    Criminal Code of 2012; or
9        (i) commits the offense of grooming, as defined in
10    Section 11-25 of the Criminal Code of 2012, against the
11    child.
12    A child shall not be considered abused for the sole reason
13that the child has been relinquished in accordance with the
14Abandoned Newborn Infant Protection Act.
15    "Neglected child" means any child who is not receiving the
16proper or necessary nourishment or medically indicated
17treatment including food or care not provided solely on the
18basis of the present or anticipated mental or physical
19impairment as determined by a physician acting alone or in
20consultation with other physicians or otherwise is not
21receiving the proper or necessary support or medical or other
22remedial care recognized under State law as necessary for a
23child's well-being, or other care necessary for his or her
24well-being, including adequate food, clothing and shelter; or
25who is subjected to an environment which is injurious insofar
26as (i) the child's environment creates a likelihood of harm to

 

 

SB1597- 20 -LRB103 25390 RLC 51736 b

1the child's health, physical well-being, or welfare and (ii)
2the likely harm to the child is the result of a blatant
3disregard of parent, caretaker, person responsible for the
4child's welfare, or agency responsibilities; or who is
5abandoned by his or her parents or other person responsible
6for the child's welfare without a proper plan of care; or who
7has been provided with interim crisis intervention services
8under Section 3-5 of the Juvenile Court Act of 1987 and whose
9parent, guardian, or custodian refuses to permit the child to
10return home and no other living arrangement agreeable to the
11parent, guardian, or custodian can be made, and the parent,
12guardian, or custodian has not made any other appropriate
13living arrangement for the child; or who is a newborn infant
14whose blood, urine, or meconium contains any amount of a
15controlled substance as defined in subsection (f) of Section
16102 of the Illinois Controlled Substances Act or a metabolite
17thereof, with the exception of a controlled substance or
18metabolite thereof whose presence in the newborn infant is the
19result of medical treatment administered to the mother or the
20newborn infant. A child shall not be considered neglected for
21the sole reason that the child's parent or other person
22responsible for his or her welfare has left the child in the
23care of an adult relative for any period of time. A child shall
24not be considered neglected for the sole reason that the child
25has been relinquished in accordance with the Abandoned Newborn
26Infant Protection Act. A child shall not be considered

 

 

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1neglected or abused for the sole reason that such child's
2parent or other person responsible for his or her welfare
3depends upon spiritual means through prayer alone for the
4treatment or cure of disease or remedial care as provided
5under Section 4 of this Act. A child shall not be considered
6neglected or abused solely because the child is not attending
7school in accordance with the requirements of Article 26 of
8The School Code, as amended.
9    "Child Protective Service Unit" means certain specialized
10State employees of the Department assigned by the Director to
11perform the duties and responsibilities as provided under
12Section 7.2 of this Act.
13    "Near fatality" means an act that, as certified by a
14physician, places the child in serious or critical condition,
15including acts of great bodily harm inflicted upon children
16under 13 years of age, and as otherwise defined by Department
17rule.
18    "Great bodily harm" includes bodily injury which creates a
19high probability of death, or which causes serious permanent
20disfigurement, or which causes a permanent or protracted loss
21or impairment of the function of any bodily member or organ, or
22other serious bodily harm.
23    "Person responsible for the child's welfare" means the
24child's parent; guardian; foster parent; relative caregiver;
25any person responsible for the child's welfare in a public or
26private residential agency or institution; any person

 

 

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1responsible for the child's welfare within a public or private
2profit or not for profit child care facility; or any other
3person responsible for the child's welfare at the time of the
4alleged abuse or neglect, including any person who commits or
5allows to be committed, against the child, the offense of
6involuntary servitude, involuntary sexual servitude of a
7minor, or trafficking in persons for forced labor or services,
8as provided in Section 10-9 of the Criminal Code of 2012,
9including, but not limited to, the custodian of the minor, or
10any person who came to know the child through an official
11capacity or position of trust, including, but not limited to,
12health care professionals, educational personnel, recreational
13supervisors, members of the clergy, and volunteers or support
14personnel in any setting where children may be subject to
15abuse or neglect.
16    "Temporary protective custody" means custody within a
17hospital or other medical facility or a place previously
18designated for such custody by the Department, subject to
19review by the Court, including a licensed foster home, group
20home, or other institution; but such place shall not be a jail
21or other place for the detention of criminal or juvenile
22offenders.
23    "An unfounded report" means any report made under this Act
24for which it is determined after an investigation that no
25credible evidence of abuse or neglect exists.
26    "An indicated report" means a report made under this Act

 

 

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1if an investigation determines that credible evidence of the
2alleged abuse or neglect exists.
3    "An undetermined report" means any report made under this
4Act in which it was not possible to initiate or complete an
5investigation on the basis of information provided to the
6Department.
7    "Subject of report" means any child reported to the
8central register of child abuse and neglect established under
9Section 7.7 of this Act as an alleged victim of child abuse or
10neglect and the parent or guardian of the alleged victim or
11other person responsible for the alleged victim's welfare who
12is named in the report or added to the report as an alleged
13perpetrator of child abuse or neglect.
14    "Perpetrator" means a person who, as a result of
15investigation, has been determined by the Department to have
16caused child abuse or neglect.
17    "Member of the clergy" means a clergyman or practitioner
18of any religious denomination accredited by the religious body
19to which he or she belongs.
20(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
21102-813, eff. 5-13-22.)
 
22    Section 15. The Juvenile Court Act of 1987 is amended by
23changing Section 5-915 as follows:
 
24    (705 ILCS 405/5-915)

 

 

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1    Sec. 5-915. Expungement of juvenile law enforcement and
2juvenile court records.
3    (0.05) (Blank).
4    (0.1) (a) The Illinois State Police and all law
5enforcement agencies within the State shall automatically
6expunge, on or before January 1 of each year, except as
7described in paragraph (c) of subsection (0.1), all juvenile
8law enforcement records relating to events occurring before an
9individual's 18th birthday if:
10        (1) one year or more has elapsed since the date of the
11    arrest or law enforcement interaction documented in the
12    records;
13        (2) no petition for delinquency or criminal charges
14    were filed with the clerk of the circuit court relating to
15    the arrest or law enforcement interaction documented in
16    the records; and
17        (3) 6 months have elapsed since the date of the arrest
18    without an additional subsequent arrest or filing of a
19    petition for delinquency or criminal charges whether
20    related or not to the arrest or law enforcement
21    interaction documented in the records.
22    (b) If the law enforcement agency is unable to verify
23satisfaction of conditions (2) and (3) of this subsection
24(0.1), records that satisfy condition (1) of this subsection
25(0.1) shall be automatically expunged if the records relate to
26an offense that if committed by an adult would not be an

 

 

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1offense classified as a Class 2 felony or higher, an offense
2under Article 11 of the Criminal Code of 1961 or Criminal Code
3of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
412-15, or 12-16 of the Criminal Code of 1961.
5    (c) If the juvenile law enforcement record was received
6through a public submission to a statewide student
7confidential reporting system administered by the Illinois
8State Police, the record will be maintained for a period of 5
9years according to all other provisions in subsection (0.1).
10    (0.15) If a juvenile law enforcement record meets
11paragraph (a) of subsection (0.1) of this Section, a juvenile
12law enforcement record created:
13        (1) prior to January 1, 2018, but on or after January
14    1, 2013 shall be automatically expunged prior to January
15    1, 2020;
16        (2) prior to January 1, 2013, but on or after January
17    1, 2000, shall be automatically expunged prior to January
18    1, 2023; and
19        (3) prior to January 1, 2000 shall not be subject to
20    the automatic expungement provisions of this Act.
21    Nothing in this subsection (0.15) shall be construed to
22restrict or modify an individual's right to have his or her
23juvenile law enforcement records expunged except as otherwise
24may be provided in this Act.
25    (0.2) (a) Upon dismissal of a petition alleging
26delinquency or upon a finding of not delinquent, the

 

 

SB1597- 26 -LRB103 25390 RLC 51736 b

1successful termination of an order of supervision, or the
2successful termination of an adjudication for an offense which
3would be a Class B misdemeanor, Class C misdemeanor, or a petty
4or business offense if committed by an adult, the court shall
5automatically order the expungement of the juvenile court
6records and juvenile law enforcement records. The clerk shall
7deliver a certified copy of the expungement order to the
8Illinois State Police and the arresting agency. Upon request,
9the State's Attorney shall furnish the name of the arresting
10agency. The expungement shall be completed within 60 business
11days after the receipt of the expungement order.
12    (b) If the chief law enforcement officer of the agency, or
13his or her designee, certifies in writing that certain
14information is needed for a pending investigation involving
15the commission of a felony, that information, and information
16identifying the juvenile, may be retained until the statute of
17limitations for the felony has run. If the chief law
18enforcement officer of the agency, or his or her designee,
19certifies in writing that certain information is needed with
20respect to an internal investigation of any law enforcement
21office, that information and information identifying the
22juvenile may be retained within an intelligence file until the
23investigation is terminated or the disciplinary action,
24including appeals, has been completed, whichever is later.
25Retention of a portion of a juvenile's law enforcement record
26does not disqualify the remainder of his or her record from

 

 

SB1597- 27 -LRB103 25390 RLC 51736 b

1immediate automatic expungement.
2    (0.3) (a) Upon an adjudication of delinquency based on any
3offense except a disqualified offense, the juvenile court
4shall automatically order the expungement of the juvenile
5court and law enforcement records 2 years or, in the case of a
6human trafficking victim as defined in Section 10-9 of the
7Criminal Code of 2012 adjudicated delinquent for prostitution,
8immediately after the juvenile's case was closed if no
9delinquency or criminal proceeding is pending and the person
10has had no subsequent delinquency adjudication or criminal
11conviction. The clerk shall deliver a certified copy of the
12expungement order to the Illinois State Police and the
13arresting agency. Upon request, the State's Attorney shall
14furnish the name of the arresting agency. The expungement
15shall be completed within 60 business days after the receipt
16of the expungement order. In this subsection (0.3),
17"disqualified offense" means any of the following offenses:
18Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2,
1910-3, 10-3.1, 10-4, 10-5, 10-9, if the minor was not a human
20trafficking victim as defined in that Section, 11-1.20,
2111-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2,
2212-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1,
2312-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2,
2418-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5,
2524-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9,
2629D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of

 

 

SB1597- 28 -LRB103 25390 RLC 51736 b

12012, or subsection (b) of Section 8-1, paragraph (4) of
2subsection (a) of Section 11-14.4, subsection (a-5) of Section
312-3.1, paragraph (1), (2), or (3) of subsection (a) of
4Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
5paragraph (1) or (2) of subsection (a) of Section 12-7.4,
6subparagraph (i) of paragraph (1) of subsection (a) of Section
712-9, subparagraph (H) of paragraph (3) of subsection (a) of
8Section 24-1.6, paragraph (1) of subsection (a) of Section
925-1, or subsection (a-7) of Section 31-1 of the Criminal Code
10of 2012.
11    (b) If the chief law enforcement officer of the agency, or
12his or her designee, certifies in writing that certain
13information is needed for a pending investigation involving
14the commission of a felony, that information, and information
15identifying the juvenile, may be retained in an intelligence
16file until the investigation is terminated or for one
17additional year, whichever is sooner. Retention of a portion
18of a juvenile's juvenile law enforcement record does not
19disqualify the remainder of his or her record from immediate
20automatic expungement.
21    (0.4) Automatic expungement for the purposes of this
22Section shall not require law enforcement agencies to
23obliterate or otherwise destroy juvenile law enforcement
24records that would otherwise need to be automatically expunged
25under this Act, except after 2 years following the subject
26arrest for purposes of use in civil litigation against a

 

 

SB1597- 29 -LRB103 25390 RLC 51736 b

1governmental entity or its law enforcement agency or personnel
2which created, maintained, or used the records. However, these
3juvenile law enforcement records shall be considered expunged
4for all other purposes during this period and the offense,
5which the records or files concern, shall be treated as if it
6never occurred as required under Section 5-923.
7    (0.5) Subsection (0.1) or (0.2) of this Section does not
8apply to violations of traffic, boating, fish and game laws,
9or county or municipal ordinances.
10    (0.6) Juvenile law enforcement records of a plaintiff who
11has filed civil litigation against the governmental entity or
12its law enforcement agency or personnel that created,
13maintained, or used the records, or juvenile law enforcement
14records that contain information related to the allegations
15set forth in the civil litigation may not be expunged until
16after 2 years have elapsed after the conclusion of the
17lawsuit, including any appeal.
18    (0.7) Officer-worn body camera recordings shall not be
19automatically expunged except as otherwise authorized by the
20Law Enforcement Officer-Worn Body Camera Act.
21    (1) Whenever a person has been arrested, charged, or
22adjudicated delinquent for an incident occurring before his or
23her 18th birthday that if committed by an adult would be an
24offense, and that person's juvenile law enforcement and
25juvenile court records are not eligible for automatic
26expungement under subsection (0.1), (0.2), or (0.3), the

 

 

SB1597- 30 -LRB103 25390 RLC 51736 b

1person may petition the court at any time for expungement of
2juvenile law enforcement records and juvenile court records
3relating to the incident and, upon termination of all juvenile
4court proceedings relating to that incident, the court shall
5order the expungement of all records in the possession of the
6Illinois State Police, the clerk of the circuit court, and law
7enforcement agencies relating to the incident, but only in any
8of the following circumstances:
9        (a) the minor was arrested and no petition for
10    delinquency was filed with the clerk of the circuit court;
11        (a-5) the minor was charged with an offense and the
12    petition or petitions were dismissed without a finding of
13    delinquency;
14        (b) the minor was charged with an offense and was
15    found not delinquent of that offense;
16        (c) the minor was placed under supervision under
17    Section 5-615, and the order of supervision has since been
18    successfully terminated; or
19        (d) the minor was adjudicated for an offense which
20    would be a Class B misdemeanor, Class C misdemeanor, or a
21    petty or business offense if committed by an adult; or .
22        (e) the minor was adjudicated delinquent for
23    prostitution as a result of being a trafficking victim as
24    defined in Section 10-9 of the Criminal Code of 2012.
25    (1.5) The Illinois State Police shall allow a person to
26use the Access and Review process, established in the Illinois

 

 

SB1597- 31 -LRB103 25390 RLC 51736 b

1State Police, for verifying that his or her juvenile law
2enforcement records relating to incidents occurring before his
3or her 18th birthday eligible under this Act have been
4expunged.
5    (1.6) (Blank).
6    (1.7) (Blank).
7    (1.8) (Blank).
8    (2) Any person whose delinquency adjudications are not
9eligible for automatic expungement under subsection (0.3) of
10this Section may petition the court to expunge all juvenile
11law enforcement records relating to any incidents occurring
12before his or her 18th birthday which did not result in
13proceedings in criminal court and all juvenile court records
14with respect to any adjudications except those based upon
15first degree murder or an offense under Article 11 of the
16Criminal Code of 2012 if the person is required to register
17under the Sex Offender Registration Act at the time he or she
18petitions the court for expungement; provided that 2 years
19have elapsed since all juvenile court proceedings relating to
20him or her have been terminated and his or her commitment to
21the Department of Juvenile Justice under this Act has been
22terminated.
23    (2.5) If a minor is arrested and no petition for
24delinquency is filed with the clerk of the circuit court at the
25time the minor is released from custody, the youth officer, if
26applicable, or other designated person from the arresting

 

 

SB1597- 32 -LRB103 25390 RLC 51736 b

1agency, shall notify verbally and in writing to the minor or
2the minor's parents or guardians that the minor shall have an
3arrest record and shall provide the minor and the minor's
4parents or guardians with an expungement information packet,
5information regarding this State's expungement laws including
6a petition to expunge juvenile law enforcement and juvenile
7court records obtained from the clerk of the circuit court.
8    (2.6) If a minor is referred to court, then, at the time of
9sentencing, dismissal of the case, or successful completion of
10supervision, the judge shall inform the delinquent minor of
11his or her rights regarding expungement and the clerk of the
12circuit court shall provide an expungement information packet
13to the minor, written in plain language, including information
14regarding this State's expungement laws and a petition for
15expungement, a sample of a completed petition, expungement
16instructions that shall include information informing the
17minor that (i) once the case is expunged, it shall be treated
18as if it never occurred, (ii) he or she may apply to have
19petition fees waived, (iii) once he or she obtains an
20expungement, he or she may not be required to disclose that he
21or she had a juvenile law enforcement or juvenile court
22record, and (iv) if petitioning he or she may file the petition
23on his or her own or with the assistance of an attorney. The
24failure of the judge to inform the delinquent minor of his or
25her right to petition for expungement as provided by law does
26not create a substantive right, nor is that failure grounds

 

 

SB1597- 33 -LRB103 25390 RLC 51736 b

1for: (i) a reversal of an adjudication of delinquency; (ii) a
2new trial; or (iii) an appeal.
3    (2.7) (Blank).
4    (2.8) (Blank).
5    (3) (Blank).
6    (3.1) (Blank).
7    (3.2) (Blank).
8    (3.3) (Blank).
9    (4) (Blank).
10    (5) (Blank).
11    (5.5) Whether or not expunged, records eligible for
12automatic expungement under subdivision (0.1)(a), (0.2)(a), or
13(0.3)(a) may be treated as expunged by the individual subject
14to the records.
15    (6) (Blank).
16    (6.5) The Illinois State Police or any employee of the
17Illinois State Police shall be immune from civil or criminal
18liability for failure to expunge any records of arrest that
19are subject to expungement under this Section because of
20inability to verify a record. Nothing in this Section shall
21create Illinois State Police liability or responsibility for
22the expungement of juvenile law enforcement records it does
23not possess.
24    (7) (Blank).
25    (7.5) (Blank).
26    (8) The expungement of juvenile law enforcement or

 

 

SB1597- 34 -LRB103 25390 RLC 51736 b

1juvenile court records under subsection (0.1), (0.2), or (0.3)
2of this Section shall be funded by appropriation by the
3General Assembly for that purpose.
4    (9) (Blank).
5    (10) (Blank).
6(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
7102-752, eff. 1-1-23; revised 8-23-22.)
 
8    Section 20. The Criminal Code of 2012 is amended by
9changing Sections 10-9, 11-18.1, 11-20.1, and 11-25 and by
10adding Section 11-27 as follows:
 
11    (720 ILCS 5/10-9)
12    Sec. 10-9. Trafficking in persons, involuntary servitude,
13and related offenses.
14    (a) Definitions. In this Section:
15    (1) "Intimidation" has the meaning prescribed in Section
1612-6.
17    (2) "Commercial sexual activity" means any sex act on
18account of which anything of value is given, promised to, or
19received by any person.
20    (2.5) "Company" means any sole proprietorship,
21organization, association, corporation, partnership, joint
22venture, limited partnership, limited liability partnership,
23limited liability limited partnership, limited liability
24company, or other entity or business association, including

 

 

SB1597- 35 -LRB103 25390 RLC 51736 b

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

 

 

SB1597- 36 -LRB103 25390 RLC 51736 b

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

 

 

SB1597- 37 -LRB103 25390 RLC 51736 b

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

 

 

SB1597- 38 -LRB103 25390 RLC 51736 b

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

 

 

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1    (f) Sentencing considerations.
2        (1) Bodily injury. If, pursuant to a violation of this
3    Section, a victim suffered bodily injury, the defendant
4    may be sentenced to an extended-term sentence under
5    Section 5-8-2 of the Unified Code of Corrections. The
6    sentencing court must take into account the time in which
7    the victim was held in servitude, with increased penalties
8    for cases in which the victim was held for between 180 days
9    and one year, and increased penalties for cases in which
10    the victim was held for more than one year.
11        (2) Number of victims. In determining sentences within
12    statutory maximums, the sentencing court should take into
13    account the number of victims, and may provide for
14    substantially increased sentences in cases involving more
15    than 10 victims.
16    (g) Restitution. Restitution is mandatory under this
17Section. In addition to any other amount of loss identified,
18the court shall order restitution including the greater of (1)
19the gross income or value to the defendant of the victim's
20labor or services or (2) the value of the victim's labor as
21guaranteed under the Minimum Wage Law and overtime provisions
22of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
23whichever is greater.
24    (g-1) A person who is a victim of involuntary sexual
25servitude of a minor is deemed a crime victim and is eligible
26for protections afforded to crime victims, including services

 

 

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1under the Rights of Crime Victims and Witnesses Act, the Crime
2Victims Compensation Act, and the Abused and Neglected Child
3Reporting Act.
4    (g-5) Fine distribution. If the court imposes a fine under
5subsection (b), (c), or (d) of this Section, it shall be
6collected and distributed to the Specialized Services for
7Survivors of Human Trafficking Fund in accordance with Section
85-9-1.21 of the Unified Code of Corrections.
9    (h) Trafficking victim services. Subject to the
10availability of funds, the Department of Human Services may
11provide or fund emergency services and assistance to
12individuals who are victims of one or more offenses defined in
13this Section. These services shall include child welfare
14protection for victims of the offense of involuntary sexual
15servitude of a minor under subsection (c) of Section 10-9 of
16the Criminal Code of 2012, irrespective of the perpetrator of
17the offense.
18    (i) Certification. The Attorney General, a State's
19Attorney, or any law enforcement official shall certify in
20writing to the United States Department of Justice or other
21federal agency, such as the United States Department of
22Homeland Security, that an investigation or prosecution under
23this Section has begun and the individual who is a likely
24victim of a crime described in this Section is willing to
25cooperate or is cooperating with the investigation to enable
26the individual, if eligible under federal law, to qualify for

 

 

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1an appropriate special immigrant visa and to access available
2federal benefits. Cooperation with law enforcement shall not
3be required of victims of a crime described in this Section who
4are under 18 years of age. This certification shall be made
5available to the victim and his or her designated legal
6representative.
7    (j) A person who commits involuntary servitude,
8involuntary sexual servitude of a minor, or trafficking in
9persons under subsection (b), (c), or (d) of this Section is
10subject to the property forfeiture provisions set forth in
11Article 124B of the Code of Criminal Procedure of 1963.
12(Source: P.A. 101-18, eff. 1-1-20.)
 
13    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
14    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
15    (a) Any person who engages in an act of sexual penetration
16as defined in Section 11-0.1 of this Code with a person engaged
17in prostitution who is under 18 years of age or is a person
18with a severe or profound intellectual disability commits
19patronizing a minor engaged in prostitution.
20    (a-5) Any person who engages in any touching or fondling,
21with a person engaged in prostitution who either is under 18
22years of age or is a person with a severe or profound
23intellectual disability, of the sex organs of one person by
24the other person, with the intent to achieve sexual arousal or
25gratification, commits patronizing a minor engaged in

 

 

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1prostitution.
2    (b) (Blank). It is an affirmative defense to the charge of
3patronizing a minor engaged in prostitution that the accused
4reasonably believed that the person was of the age of 18 years
5or over or was not a person with a severe or profound
6intellectual disability at the time of the act giving rise to
7the charge.
8    (c) Sentence. A person who commits patronizing a juvenile
9prostitute is guilty of a Class 3 felony, unless committed
10within 1,000 feet of real property comprising a school, in
11which case it is a Class 2 felony. A person convicted of a
12second or subsequent violation of this Section, or of any
13combination of such number of convictions under this Section
14and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
15sexual act), 11-14.3 (promoting prostitution), 11-14.4
16(promoting juvenile prostitution), 11-15 (soliciting for a
17prostitute), 11-15.1 (soliciting for a juvenile prostitute),
1811-16 (pandering), 11-17 (keeping a place of prostitution),
1911-17.1 (keeping a place of juvenile prostitution), 11-18
20(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
21pimping or aggravated juvenile pimping), or 11-19.2
22(exploitation of a child) of this Code, is guilty of a Class 2
23felony. The fact of such conviction is not an element of the
24offense and may not be disclosed to the jury during trial
25unless otherwise permitted by issues properly raised during
26such trial.

 

 

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1(Source: P.A. 99-143, eff. 7-27-15.)
 
2    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
3    Sec. 11-20.1. Child pornography.
4    (a) A person commits child pornography who:
5        (1) films, videotapes, photographs, or otherwise
6    depicts or portrays by means of any similar visual medium
7    or reproduction or depicts by computer any child whom he
8    or she knows or reasonably should know to be under the age
9    of 18 or any person with a severe or profound intellectual
10    disability where such child or person with a severe or
11    profound intellectual disability is:
12            (i) actually or by simulation engaged in any act
13        of sexual penetration or sexual conduct with any
14        person or animal; or
15            (ii) actually or by simulation engaged in any act
16        of sexual penetration or sexual conduct involving the
17        sex organs of the child or person with a severe or
18        profound intellectual disability and the mouth, anus,
19        or sex organs of another person or animal; or which
20        involves the mouth, anus or sex organs of the child or
21        person with a severe or profound intellectual
22        disability and the sex organs of another person or
23        animal; or
24            (iii) actually or by simulation engaged in any act
25        of masturbation; or

 

 

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

 

 

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

 

 

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

 

 

SB1597- 47 -LRB103 25390 RLC 51736 b

1    (a-5) The possession of each individual film, videotape,
2photograph, or other similar visual reproduction or depiction
3by computer in violation of this Section constitutes a single
4and separate violation. This subsection (a-5) does not apply
5to multiple copies of the same film, videotape, photograph, or
6other similar visual reproduction or depiction by computer
7that are identical to each other.
8    (b)(1) It shall be an affirmative defense to a charge of
9child pornography that the defendant reasonably believed,
10under all of the circumstances, that the child was 18 years of
11age or older or that the person was not a person with a severe
12or profound intellectual disability but only where, prior to
13the act or acts giving rise to a prosecution under this
14Section, he or she took some affirmative action or made a
15bonafide inquiry designed to ascertain whether the child was
1618 years of age or older or that the person was not a person
17with a severe or profound intellectual disability and his or
18her reliance upon the information so obtained was clearly
19reasonable.
20    (1.5) Telecommunications carriers, commercial mobile
21service providers, and providers of information services,
22including, but not limited to, Internet service providers and
23hosting service providers, are not liable under this Section
24by virtue of the transmission, storage, or caching of
25electronic communications or messages of others or by virtue
26of the provision of other related telecommunications,

 

 

SB1597- 48 -LRB103 25390 RLC 51736 b

1commercial mobile services, or information services used by
2others in violation of this Section.
3    (2) (Blank).
4    (3) The charge of child pornography shall not apply to the
5performance of official duties by law enforcement or
6prosecuting officers or persons employed by law enforcement or
7prosecuting agencies, court personnel or attorneys, nor to
8bonafide treatment or professional education programs
9conducted by licensed physicians, psychologists or social
10workers. In any criminal proceeding, any property or material
11that constitutes child pornography shall remain in the care,
12custody, and control of either the State or the court. A motion
13to view the evidence shall comply with subsection (e-5) of
14this Section.
15    (4) If the defendant possessed more than one of the same
16film, videotape or visual reproduction or depiction by
17computer in which child pornography is depicted, then the
18trier of fact may infer that the defendant possessed such
19materials with the intent to disseminate them.
20    (5) The charge of child pornography does not apply to a
21person who does not voluntarily possess a film, videotape, or
22visual reproduction or depiction by computer in which child
23pornography is depicted. Possession is voluntary if the
24defendant knowingly procures or receives a film, videotape, or
25visual reproduction or depiction for a sufficient time to be
26able to terminate his or her possession.

 

 

SB1597- 49 -LRB103 25390 RLC 51736 b

1    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
2(7) of subsection (a) that includes a child engaged in,
3solicited for, depicted in, or posed in any act of sexual
4penetration or bound, fettered, or subject to sadistic,
5masochistic, or sadomasochistic abuse in a sexual context
6shall be deemed a crime of violence.
7    (c) If the violation does not involve a film, videotape,
8or other moving depiction, a violation of paragraph (1), (4),
9(5), (6), or (7) of subsection (a) is a Class 1 felony with a
10mandatory minimum fine of $2,000 and a maximum fine of
11$100,000. If the violation involves a film, videotape, or
12other moving depiction, a violation of paragraph (1), (4),
13(5), (6), or (7) of subsection (a) is a Class X felony with a
14mandatory minimum fine of $2,000 and a maximum fine of
15$100,000. If the violation does not involve a film, videotape,
16or other moving depiction, a violation of paragraph (3) of
17subsection (a) is a Class 1 felony with a mandatory minimum
18fine of $1500 and a maximum fine of $100,000. If the violation
19involves a film, videotape, or other moving depiction, a
20violation of paragraph (3) of subsection (a) is a Class X
21felony with a mandatory minimum fine of $1500 and a maximum
22fine of $100,000. If the violation does not involve a film,
23videotape, or other moving depiction, a violation of paragraph
24(2) of subsection (a) is a Class 1 felony with a mandatory
25minimum fine of $1000 and a maximum fine of $100,000. If the
26violation involves a film, videotape, or other moving

 

 

SB1597- 50 -LRB103 25390 RLC 51736 b

1depiction, a violation of paragraph (2) of subsection (a) is a
2Class X felony with a mandatory minimum fine of $1000 and a
3maximum fine of $100,000. If the violation does not involve a
4film, videotape, or other moving depiction, a violation of
5paragraph (6) of subsection (a) is a Class 3 felony with a
6mandatory minimum fine of $1000 and a maximum fine of
7$100,000. If the violation involves a film, videotape, or
8other moving depiction, a violation of paragraph (6) of
9subsection (a) is a Class 2 felony with a mandatory minimum
10fine of $1000 and a maximum fine of $100,000.
11    (c-5) Where the child depicted is under the age of 13, a
12violation of paragraph (1), (2), (3), (4), (5), or (7) of
13subsection (a) is a Class X felony with a mandatory minimum
14fine of $2,000 and a maximum fine of $100,000. Where the child
15depicted is under the age of 13, a violation of paragraph (6)
16of subsection (a) is a Class 2 felony with a mandatory minimum
17fine of $1,000 and a maximum fine of $100,000. Where the child
18depicted is under the age of 13, a person who commits a
19violation of paragraph (1), (2), (3), (4), (5), or (7) of
20subsection (a) where the defendant has previously been
21convicted under the laws of this State or any other state of
22the offense of child pornography, aggravated child
23pornography, aggravated criminal sexual abuse, aggravated
24criminal sexual assault, predatory criminal sexual assault of
25a child, or any of the offenses formerly known as rape, deviate
26sexual assault, indecent liberties with a child, or aggravated

 

 

SB1597- 51 -LRB103 25390 RLC 51736 b

1indecent liberties with a child where the victim was under the
2age of 18 years or an offense that is substantially equivalent
3to those offenses, is guilty of a Class X felony for which the
4person shall be sentenced to a term of imprisonment of not less
5than 9 years with a mandatory minimum fine of $2,000 and a
6maximum fine of $100,000. Where the child depicted is under
7the age of 13, a person who commits a violation of paragraph
8(6) of subsection (a) where the defendant has previously been
9convicted under the laws of this State or any other state of
10the offense of child pornography, aggravated child
11pornography, aggravated criminal sexual abuse, aggravated
12criminal sexual assault, predatory criminal sexual assault of
13a child, or any of the offenses formerly known as rape, deviate
14sexual assault, indecent liberties with a child, or aggravated
15indecent liberties with a child where the victim was under the
16age of 18 years or an offense that is substantially equivalent
17to those offenses, is guilty of a Class X 1 felony with a
18mandatory minimum fine of $2,000 $1,000 and a maximum fine of
19$100,000. The issue of whether the child depicted is under the
20age of 13 is an element of the offense to be resolved by the
21trier of fact.
22    (d) If a person is convicted of a second or subsequent
23violation of this Section within 10 years of a prior
24conviction, the court shall order a presentence psychiatric
25examination of the person. The examiner shall report to the
26court whether treatment of the person is necessary.

 

 

SB1597- 52 -LRB103 25390 RLC 51736 b

1    (e) Any film, videotape, photograph or other similar
2visual reproduction or depiction by computer which includes a
3child under the age of 18 or a person with a severe or profound
4intellectual disability engaged in any activity described in
5subparagraphs (i) through (vii) or paragraph 1 of subsection
6(a), and any material or equipment used or intended for use in
7photographing, filming, printing, producing, reproducing,
8manufacturing, projecting, exhibiting, depiction by computer,
9or disseminating such material shall be seized and forfeited
10in the manner, method and procedure provided by Section 36-1
11of this Code for the seizure and forfeiture of vessels,
12vehicles and aircraft.
13    In addition, any person convicted under this Section is
14subject to the property forfeiture provisions set forth in
15Article 124B of the Code of Criminal Procedure of 1963.
16    (e-5) Upon the conclusion of a case brought under this
17Section, the court shall seal all evidence depicting a victim
18or witness that is sexually explicit. The evidence may be
19unsealed and viewed, on a motion of the party seeking to unseal
20and view the evidence, only for good cause shown and in the
21discretion of the court. The motion must expressly set forth
22the purpose for viewing the material. The State's attorney and
23the victim, if possible, shall be provided reasonable notice
24of the hearing on the motion to unseal the evidence. Any person
25entitled to notice of a hearing under this subsection (e-5)
26may object to the motion.

 

 

SB1597- 53 -LRB103 25390 RLC 51736 b

1    (f) Definitions. For the purposes of this Section:
2        (1) "Disseminate" means (i) to sell, distribute,
3    exchange or transfer possession, whether with or without
4    consideration or (ii) to make a depiction by computer
5    available for distribution or downloading through the
6    facilities of any telecommunications network or through
7    any other means of transferring computer programs or data
8    to a computer.
9        (2) "Produce" means to direct, promote, advertise,
10    publish, manufacture, issue, present or show.
11        (3) "Reproduce" means to make a duplication or copy.
12        (4) "Depict by computer" means to generate or create,
13    or cause to be created or generated, a computer program or
14    data that, after being processed by a computer either
15    alone or in conjunction with one or more computer
16    programs, results in a visual depiction on a computer
17    monitor, screen, or display.
18        (5) "Depiction by computer" means a computer program
19    or data that, after being processed by a computer either
20    alone or in conjunction with one or more computer
21    programs, results in a visual depiction on a computer
22    monitor, screen, or display.
23        (6) "Computer", "computer program", and "data" have
24    the meanings ascribed to them in Section 17.05 of this
25    Code.
26        (7) For the purposes of this Section, "child

 

 

SB1597- 54 -LRB103 25390 RLC 51736 b

1    pornography" includes a film, videotape, photograph, or
2    other similar visual medium or reproduction or depiction
3    by computer that is, or appears to be, that of a person,
4    either in part, or in total, under the age of 18 or a
5    person with a severe or profound intellectual disability,
6    regardless of the method by which the film, videotape,
7    photograph, or other similar visual medium or reproduction
8    or depiction by computer is created, adopted, or modified
9    to appear as such. "Child pornography" also includes a
10    film, videotape, photograph, or other similar visual
11    medium or reproduction or depiction by computer that is
12    advertised, promoted, presented, described, or distributed
13    in such a manner that conveys the impression that the
14    film, videotape, photograph, or other similar visual
15    medium or reproduction or depiction by computer is of a
16    person under the age of 18 or a person with a severe or
17    profound intellectual disability.
18    (g) Re-enactment; findings; purposes.
19        (1) The General Assembly finds and declares that:
20            (i) Section 50-5 of Public Act 88-680, effective
21        January 1, 1995, contained provisions amending the
22        child pornography statute, Section 11-20.1 of the
23        Criminal Code of 1961. Section 50-5 also contained
24        other provisions.
25            (ii) In addition, Public Act 88-680 was entitled
26        "AN ACT to create a Safe Neighborhoods Law". (A)

 

 

SB1597- 55 -LRB103 25390 RLC 51736 b

1        Article 5 was entitled JUVENILE JUSTICE and amended
2        the Juvenile Court Act of 1987. (B) Article 15 was
3        entitled GANGS and amended various provisions of the
4        Criminal Code of 1961 and the Unified Code of
5        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
6        and amended various provisions of the Illinois Vehicle
7        Code. (D) Article 25 was entitled DRUG ABUSE and
8        amended the Cannabis Control Act and the Illinois
9        Controlled Substances Act. (E) Article 30 was entitled
10        FIREARMS and amended the Criminal Code of 1961 and the
11        Code of Criminal Procedure of 1963. (F) Article 35
12        amended the Criminal Code of 1961, the Rights of Crime
13        Victims and Witnesses Act, and the Unified Code of
14        Corrections. (G) Article 40 amended the Criminal Code
15        of 1961 to increase the penalty for compelling
16        organization membership of persons. (H) Article 45
17        created the Secure Residential Youth Care Facility
18        Licensing Act and amended the State Finance Act, the
19        Juvenile Court Act of 1987, the Unified Code of
20        Corrections, and the Private Correctional Facility
21        Moratorium Act. (I) Article 50 amended the WIC Vendor
22        Management Act, the Firearm Owners Identification Card
23        Act, the Juvenile Court Act of 1987, the Criminal Code
24        of 1961, the Wrongs to Children Act, and the Unified
25        Code of Corrections.
26            (iii) On September 22, 1998, the Third District

 

 

SB1597- 56 -LRB103 25390 RLC 51736 b

1        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
2        ruled that Public Act 88-680 violates the single
3        subject clause of the Illinois Constitution (Article
4        IV, Section 8 (d)) and was unconstitutional in its
5        entirety. As of the time this amendatory Act of 1999
6        was prepared, People v. Dainty was still subject to
7        appeal.
8            (iv) Child pornography is a vital concern to the
9        people of this State and the validity of future
10        prosecutions under the child pornography statute of
11        the Criminal Code of 1961 is in grave doubt.
12        (2) It is the purpose of this amendatory Act of 1999 to
13    prevent or minimize any problems relating to prosecutions
14    for child pornography that may result from challenges to
15    the constitutional validity of Public Act 88-680 by
16    re-enacting the Section relating to child pornography that
17    was included in Public Act 88-680.
18        (3) This amendatory Act of 1999 re-enacts Section
19    11-20.1 of the Criminal Code of 1961, as it has been
20    amended. This re-enactment is intended to remove any
21    question as to the validity or content of that Section; it
22    is not intended to supersede any other Public Act that
23    amends the text of the Section as set forth in this
24    amendatory Act of 1999. The material is shown as existing
25    text (i.e., without underscoring) because, as of the time
26    this amendatory Act of 1999 was prepared, People v. Dainty

 

 

SB1597- 57 -LRB103 25390 RLC 51736 b

1    was subject to appeal to the Illinois Supreme Court.
2        (4) The re-enactment by this amendatory Act of 1999 of
3    Section 11-20.1 of the Criminal Code of 1961 relating to
4    child pornography that was amended by Public Act 88-680 is
5    not intended, and shall not be construed, to imply that
6    Public Act 88-680 is invalid or to limit or impair any
7    legal argument concerning whether those provisions were
8    substantially re-enacted by other Public Acts.
9(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
 
10    (720 ILCS 5/11-25)
11    Sec. 11-25. Grooming.
12    (a) A person commits grooming when he or she knowingly
13uses a computer on-line service, Internet service, local
14bulletin board service, or any other device capable of
15electronic data storage or transmission, performs an act in
16person or by conduct through a third party, or uses written
17communication to seduce, solicit, lure, or entice, or attempt
18to seduce, solicit, lure, or entice, a child, a child's
19guardian, or another person believed by the person to be a
20child or a child's guardian, to commit any sex offense as
21defined in Section 2 of the Sex Offender Registration Act, to
22distribute photographs depicting the sex organs of the child,
23or to otherwise engage in any unlawful sexual conduct with a
24child or with another person believed by the person to be a
25child. As used in this Section, "child" means a person under 17

 

 

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1years of age.
2    (a-5) It is not a defense to a violation of this Section
3that the accused reasonably believed the child to be 17 years
4of age or over.
5    (b) Sentence. Grooming is a Class 4 felony.
6(Source: P.A. 102-676, eff. 6-1-22.)
 
7    (720 ILCS 5/11-27 new)
8    Sec. 11-27. Selling travel services to facilitate sexual
9exploitation of a child.
10    (a) In this Section, "child" means a person under 17 years
11of age.
12    (b) A person commits selling travel services to facilitate
13sexual exploitation of a child when he or she knowingly sells
14or offers to sell travel services for the purpose of seducing,
15soliciting, luring, or enticing, or attempting to seduce,
16solicit, lure, or entice a person to travel to a location
17within this State to commit any sex offense as defined in
18Section 2 of the Sex Offender Registration Act, to distribute
19photographs depicting the sex organs of the child, or to
20otherwise engage in any unlawful sexual conduct with a child
21or with another person believed by the person to be a child.
22    (c) Sentence. Selling travel services to facilitate sexual
23exploitation of a child is a Class 4 felony.
 
24    Section 25. The Code of Criminal Procedure of 1963 is

 

 

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1amended by changing Section 116-2.1 as follows:
 
2    (725 ILCS 5/116-2.1)
3    Sec. 116-2.1. Motion to vacate prostitution convictions
4for sex trafficking victims.
5    (a) A motion under this Section may be filed at any time
6following the entry of a verdict or finding of guilty or an
7adjudication of delinquency under the Juvenile Court Act of
81987 where the conviction was under Section 11-14
9(prostitution) or Section 11-14.2 (first offender; felony
10prostitution) of the Criminal Code of 1961 or the Criminal
11Code of 2012 or a similar local ordinance and the defendant's
12participation in the offense was a result of having been a
13trafficking victim under Section 10-9 (involuntary servitude,
14involuntary sexual servitude of a minor, or trafficking in
15persons) of the Criminal Code of 1961 or the Criminal Code of
162012; or a victim of a severe form of trafficking under the
17federal Trafficking Victims Protection Act (22 U.S.C. Section
187102(13)); provided that:
19        (1) a motion under this Section shall state why the
20    facts giving rise to this motion were not presented to the
21    trial court, and shall be made with due diligence, after
22    the defendant has ceased to be a victim of such
23    trafficking or has sought services for victims of such
24    trafficking, subject to reasonable concerns for the safety
25    of the defendant, family members of the defendant, or

 

 

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1    other victims of such trafficking that may be jeopardized
2    by the bringing of such motion, or for other reasons
3    consistent with the purpose of this Section; and
4        (2) reasonable notice of the motion shall be served
5    upon the State.
6    (b) The court may grant the motion if, in the discretion of
7the court, the violation was a result of the defendant having
8been a victim of human trafficking. Evidence of such may
9include, but is not limited to:
10        (1) certified records of federal or State court
11    proceedings which demonstrate that the defendant was a
12    victim of a trafficker charged with a trafficking offense
13    under Section 10-9 of the Criminal Code of 1961 or the
14    Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
15        (2) certified records of "approval notices" or "law
16    enforcement certifications" generated from federal
17    immigration proceedings available to such victims; or
18        (3) a sworn statement from a trained professional
19    staff of a victim services organization, an attorney, a
20    member of the clergy, or a medical or other professional
21    from whom the defendant has sought assistance in
22    addressing the trauma associated with being trafficked.
23    Alternatively, the court may consider such other evidence
24as it deems of sufficient credibility and probative value in
25determining whether the defendant is a trafficking victim or
26victim of a severe form of trafficking.

 

 

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1    (c) If the court grants a motion under this Section, it
2must vacate the conviction and may take such additional action
3as is appropriate in the circumstances.
4(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
597-1150, eff. 1-25-13.)
 
6    Section 30. The Sex Offender Registration Act is amended
7by changing Section 2 as follows:
 
8    (730 ILCS 150/2)  (from Ch. 38, par. 222)
9    Sec. 2. Definitions.
10    (A) As used in this Article, "sex offender" means any
11person who is:
12        (1) charged pursuant to Illinois law, or any
13    substantially similar federal, Uniform Code of Military
14    Justice, sister state, or foreign country law, with a sex
15    offense set forth in subsection (B) of this Section or the
16    attempt to commit an included sex offense, and:
17            (a) is convicted of such offense or an attempt to
18        commit such offense; or
19            (b) is found not guilty by reason of insanity of
20        such offense or an attempt to commit such offense; or
21            (c) is found not guilty by reason of insanity
22        pursuant to Section 104-25(c) of the Code of Criminal
23        Procedure of 1963 of such offense or an attempt to
24        commit such offense; or

 

 

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

 

 

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1        (4) found to be a sexually violent person pursuant to
2    the Sexually Violent Persons Commitment Act or any
3    substantially similar federal, Uniform Code of Military
4    Justice, sister state, or foreign country law; or
5        (5) adjudicated a juvenile delinquent as the result of
6    committing or attempting to commit an act which, if
7    committed by an adult, would constitute any of the
8    offenses specified in item (B), (C), or (C-5) of this
9    Section or a violation of any substantially similar
10    federal, Uniform Code of Military Justice, sister state,
11    or foreign country law, or found guilty under Article V of
12    the Juvenile Court Act of 1987 of committing or attempting
13    to commit an act which, if committed by an adult, would
14    constitute any of the offenses specified in item (B), (C),
15    or (C-5) of this Section or a violation of any
16    substantially similar federal, Uniform Code of Military
17    Justice, sister state, or foreign country law.
18    Convictions that result from or are connected with the
19same act, or result from offenses committed at the same time,
20shall be counted for the purpose of this Article as one
21conviction. Any conviction set aside pursuant to law is not a
22conviction for purposes of this Article.
23     For purposes of this Section, "convicted" shall have the
24same meaning as "adjudicated".
25    (B) As used in this Article, "sex offense" means:
26        (1) A violation of any of the following Sections of

 

 

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1    the Criminal Code of 1961 or the Criminal Code of 2012:
2            10-9 (trafficking in persons, involuntary
3        servitude, and related offenses),
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-6 (indecent solicitation of a child),
8            11-9.1 (sexual exploitation of a child),
9            11-9.2 (custodial sexual misconduct),
10            11-9.5 (sexual misconduct with a person with a
11        disability),
12            11-14.4 (promoting juvenile prostitution),
13            11-15.1 (soliciting for a juvenile prostitute),
14            11-18.1 (patronizing a juvenile prostitute),
15            11-17.1 (keeping a place of juvenile
16        prostitution),
17            11-19.1 (juvenile pimping),
18            11-19.2 (exploitation of a child),
19            11-25 (grooming),
20            11-26 (traveling to meet a minor or traveling to
21        meet a child),
22            11-1.20 or 12-13 (criminal sexual assault),
23            11-1.30 or 12-14 (aggravated criminal sexual
24        assault),
25            11-1.40 or 12-14.1 (predatory criminal sexual
26        assault of a child),

 

 

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1            11-1.50 or 12-15 (criminal sexual abuse),
2            11-1.60 or 12-16 (aggravated criminal sexual
3        abuse),
4            12-33 (ritualized abuse of a child).
5            An attempt to commit any of these offenses.
6        (1.5) A violation of any of the following Sections of
7    the Criminal Code of 1961 or the Criminal Code of 2012,
8    when the victim is a person under 18 years of age, the
9    defendant is not a parent of the victim, the offense was
10    sexually motivated as defined in Section 10 of the Sex
11    Offender Evaluation and Treatment Act, and the offense was
12    committed on or after January 1, 1996:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint).
17        If the offense was committed before January 1, 1996,
18    it is a sex offense requiring registration only when the
19    person is convicted of any felony after July 1, 2011, and
20    paragraph (2.1) of subsection (c) of Section 3 of this Act
21    applies.
22        (1.6) First degree murder under Section 9-1 of the
23    Criminal Code of 1961 or the Criminal Code of 2012,
24    provided the offense was sexually motivated as defined in
25    Section 10 of the Sex Offender Management Board Act.
26        (1.7) (Blank).

 

 

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1        (1.8) A violation or attempted violation of Section
2    11-11 (sexual relations within families) of the Criminal
3    Code of 1961 or the Criminal Code of 2012, and the offense
4    was committed on or after June 1, 1997. If the offense was
5    committed before June 1, 1997, it is a sex offense
6    requiring registration only when the person is convicted
7    of any felony after July 1, 2011, and paragraph (2.1) of
8    subsection (c) of Section 3 of this Act applies.
9        (1.9) Child abduction under paragraph (10) of
10    subsection (b) of Section 10-5 of the Criminal Code of
11    1961 or the Criminal Code of 2012 committed by luring or
12    attempting to lure a child under the age of 16 into a motor
13    vehicle, building, house trailer, or dwelling place
14    without the consent of the parent or lawful custodian of
15    the child for other than a lawful purpose and the offense
16    was committed on or after January 1, 1998, provided the
17    offense was sexually motivated as defined in Section 10 of
18    the Sex Offender Management Board Act. If the offense was
19    committed before January 1, 1998, it is a sex offense
20    requiring registration only when the person is convicted
21    of any felony after July 1, 2011, and paragraph (2.1) of
22    subsection (c) of Section 3 of this Act applies.
23        (1.10) A violation or attempted violation of any of
24    the following Sections of the Criminal Code of 1961 or the
25    Criminal Code of 2012 when the offense was committed on or
26    after July 1, 1999:

 

 

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1            10-4 (forcible detention, if the victim is under
2        18 years of age), provided the offense was sexually
3        motivated as defined in Section 10 of the Sex Offender
4        Management Board Act,
5            11-6.5 (indecent solicitation of an adult),
6            11-14.3 that involves soliciting for a prostitute,
7        or 11-15 (soliciting for a prostitute, if the victim
8        is under 18 years of age),
9            subdivision (a)(2)(A) or (a)(2)(B) of Section
10        11-14.3, or Section 11-16 (pandering, if the victim is
11        under 18 years of age),
12            11-18 (patronizing a prostitute, if the victim is
13        under 18 years of age),
14            subdivision (a)(2)(C) of Section 11-14.3, or
15        Section 11-19 (pimping, if the victim is under 18
16        years of age).
17        If the offense was committed before July 1, 1999, it
18    is a sex offense requiring registration only when the
19    person is convicted of any felony after July 1, 2011, and
20    paragraph (2.1) of subsection (c) of Section 3 of this Act
21    applies.
22        (1.11) A violation or attempted violation of any of
23    the following Sections of the Criminal Code of 1961 or the
24    Criminal Code of 2012 when the offense was committed on or
25    after August 22, 2002:
26            11-9 or 11-30 (public indecency for a third or

 

 

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1        subsequent conviction).
2        If the third or subsequent conviction was imposed
3    before August 22, 2002, it is a sex offense requiring
4    registration only when the person is convicted of any
5    felony after July 1, 2011, and paragraph (2.1) of
6    subsection (c) of Section 3 of this Act applies.
7        (1.12) A violation or attempted violation of Section
8    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
9    Criminal Code of 1961 or the Criminal Code of 2012
10    (permitting sexual abuse) when the offense was committed
11    on or after August 22, 2002. If the offense was committed
12    before August 22, 2002, it is a sex offense requiring
13    registration only when the person is convicted of any
14    felony after July 1, 2011, and paragraph (2.1) of
15    subsection (c) of Section 3 of this Act applies.
16        (2) A violation of any former law of this State
17    substantially equivalent to any offense listed in
18    subsection (B) of this Section.
19    (C) A conviction for an offense of federal law, Uniform
20Code of Military Justice, or the law of another state or a
21foreign country that is substantially equivalent to any
22offense listed in subsections (B), (C), (E), and (E-5) of this
23Section shall constitute a conviction for the purpose of this
24Article. A finding or adjudication as a sexually dangerous
25person or a sexually violent person under any federal law,
26Uniform Code of Military Justice, or the law of another state

 

 

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

 

 

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1foreign country law that is substantially equivalent to any
2offense listed in subsection (C-6) of this Section shall
3constitute a conviction for the purpose of this Article. This
4subsection (C-6) does not apply to those individuals released
5from incarceration more than 10 years prior to January 1, 2012
6(the effective date of Public Act 97-154).
7    (D) As used in this Article, "law enforcement agency
8having jurisdiction" means the Chief of Police in each of the
9municipalities in which the sex offender expects to reside,
10work, or attend school (1) upon his or her discharge, parole or
11release or (2) during the service of his or her sentence of
12probation or conditional discharge, or the Sheriff of the
13county, in the event no Police Chief exists or if the offender
14intends to reside, work, or attend school in an unincorporated
15area. "Law enforcement agency having jurisdiction" includes
16the location where out-of-state students attend school and
17where out-of-state employees are employed or are otherwise
18required to register.
19    (D-1) As used in this Article, "supervising officer" means
20the assigned Illinois Department of Corrections parole agent
21or county probation officer.
22    (E) As used in this Article, "sexual predator" means any
23person who, after July 1, 1999, is:
24        (1) Convicted for an offense of federal, Uniform Code
25    of Military Justice, sister state, or foreign country law
26    that is substantially equivalent to any offense listed in

 

 

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1    subsection (E) or (E-5) of this Section shall constitute a
2    conviction for the purpose of this Article. Convicted of a
3    violation or attempted violation of any of the following
4    Sections of the Criminal Code of 1961 or the Criminal Code
5    of 2012:
6            10-5.1 (luring of a minor),
7            11-14.4 that involves keeping a place of juvenile
8        prostitution, or 11-17.1 (keeping a place of juvenile
9        prostitution),
10            subdivision (a)(2) or (a)(3) of Section 11-14.4,
11        or Section 11-19.1 (juvenile pimping),
12            subdivision (a)(4) of Section 11-14.4, or Section
13        11-19.2 (exploitation of a child),
14            11-20.1 (child pornography),
15            11-20.1B or 11-20.3 (aggravated child
16        pornography),
17            11-1.20 or 12-13 (criminal sexual assault),
18            11-1.30 or 12-14 (aggravated criminal sexual
19        assault),
20            11-1.40 or 12-14.1 (predatory criminal sexual
21        assault of a child),
22            11-1.60 or 12-16 (aggravated criminal sexual
23        abuse),
24            12-33 (ritualized abuse of a child);
25        (2) (blank);
26        (3) declared as a sexually dangerous person pursuant

 

 

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

 

 

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1    least 17 years of age at the time of the commission of the
2    offense, provided the offense was sexually motivated as
3    defined in Section 10 of the Sex Offender Management Board
4    Act);
5        (2) Section 11-9.5 (sexual misconduct with a person
6    with a disability);
7        (3) when the victim is a person under 18 years of age,
8    the defendant is not a parent of the victim, the offense
9    was sexually motivated as defined in Section 10 of the Sex
10    Offender Management Board Act, and the offense was
11    committed on or after January 1, 1996: (A) Section 10-1
12    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
13    (C) Section 10-3 (unlawful restraint), and (D) Section
14    10-3.1 (aggravated unlawful restraint); and
15        (4) Section 10-5(b)(10) (child abduction committed by
16    luring or attempting to lure a child under the age of 16
17    into a motor vehicle, building, house trailer, or dwelling
18    place without the consent of the parent or lawful
19    custodian of the child for other than a lawful purpose and
20    the offense was committed on or after January 1, 1998,
21    provided the offense was sexually motivated as defined in
22    Section 10 of the Sex Offender Management Board Act).
23    (E-10) As used in this Article, "sexual predator" also
24means a person required to register in another State due to a
25conviction, adjudication or other action of any court
26triggering an obligation to register as a sex offender, sexual

 

 

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1predator, or substantially similar status under the laws of
2that State.
3    (F) As used in this Article, "out-of-state student" means
4any sex offender, as defined in this Section, or sexual
5predator who is enrolled in Illinois, on a full-time or
6part-time basis, in any public or private educational
7institution, including, but not limited to, any secondary
8school, trade or professional institution, or institution of
9higher learning.
10    (G) As used in this Article, "out-of-state employee" means
11any sex offender, as defined in this Section, or sexual
12predator who works in Illinois, regardless of whether the
13individual receives payment for services performed, for a
14period of time of 10 or more days or for an aggregate period of
15time of 30 or more days during any calendar year. Persons who
16operate motor vehicles in the State accrue one day of
17employment time for any portion of a day spent in Illinois.
18    (H) As used in this Article, "school" means any public or
19private educational institution, including, but not limited
20to, any elementary or secondary school, trade or professional
21institution, or institution of higher education.
22    (I) As used in this Article, "fixed residence" means any
23and all places that a sex offender resides for an aggregate
24period of time of 5 or more days in a calendar year.
25    (J) As used in this Article, "Internet protocol address"
26means the string of numbers by which a location on the Internet

 

 

SB1597- 75 -LRB103 25390 RLC 51736 b

1is identified by routers or other computers connected to the
2Internet.
3(Source: P.A. 100-428, eff. 1-1-18.)
 
4    Section 35. The Crime Victims Compensation Act is amended
5by changing Section 6.1 as follows:
 
6    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
7    Sec. 6.1. Right to compensation. A person is entitled to
8compensation under this Act if:
9        (a) Within 5 years of the occurrence of the crime, or
10    within one year after a criminal charge of a person for an
11    offense, upon which the claim is based, the applicant
12    presents an application, under oath, to the Attorney
13    General that is filed with the Court of Claims and on a
14    form prescribed in accordance with Section 7.1 furnished
15    by the Attorney General. If the person entitled to
16    compensation is under 18 years of age or under other legal
17    disability at the time of the occurrence or is determined
18    by a court to be under a legal disability as a result of
19    the occurrence, he or she may present the application
20    required by this subsection within 3 years after he or she
21    attains the age of 18 years or the disability is removed,
22    as the case may be. Legal disability includes a diagnosis
23    of posttraumatic stress disorder.
24        (a-1) The Attorney General and the Court of Claims may

 

 

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1    accept an application presented after the period provided
2    in subsection (a) if the Attorney General determines that
3    the applicant had good cause for a delay.
4        (b) For all crimes of violence, except those listed in
5    subsection (b-1) of this Section, the appropriate law
6    enforcement officials were notified within 72 hours of the
7    perpetration of the crime allegedly causing the death or
8    injury to the victim or, in the event such notification
9    was made more than 72 hours after the perpetration of the
10    crime, the applicant establishes that such notice was
11    timely under the circumstances.
12        (b-1) For victims of offenses defined in Sections
13    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
14    12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
15    1961 or the Criminal Code of 2012, the appropriate law
16    enforcement officials were notified within 7 days of the
17    perpetration of the crime allegedly causing death or
18    injury to the victim or, in the event that the
19    notification was made more than 7 days after the
20    perpetration of the crime, the applicant establishes that
21    the notice was timely under the circumstances. If the
22    applicant or victim has obtained an order of protection, a
23    civil no contact order, or a stalking no contact order,
24    has presented himself or herself to a hospital for medical
25    care or sexual assault evidence collection, or is engaged
26    in a legal proceeding involving a claim that the applicant

 

 

SB1597- 77 -LRB103 25390 RLC 51736 b

1    or victim is a victim of human trafficking, such action
2    shall constitute appropriate notification under this
3    subsection (b-1) or subsection (b) of this Section.
4        (c) The applicant has cooperated with law enforcement
5    officials in the apprehension and prosecution of the
6    assailant. If the applicant or victim has obtained an
7    order of protection, a civil no contact order, or a
8    stalking no contact order, has presented himself or
9    herself to a hospital for medical care or sexual assault
10    evidence collection, or is engaged in a legal proceeding
11    involving a claim that the applicant or victim is a victim
12    of human trafficking, such action shall constitute
13    cooperation under this subsection (c). If the victim is
14    under 18 years of age at the time of the commission of the
15    offense, the following shall constitute cooperation under
16    this subsection (c):
17            (1) the applicant or the victim files a police
18        report with a law enforcement agency;
19            (2) a mandated reporter reports the crime to law
20        enforcement; or
21            (3) a person with firsthand knowledge of the crime
22        reports the crime to law enforcement.
23        (d) The applicant is not the offender or an accomplice
24    of the offender and the award would not unjustly benefit
25    the offender or his accomplice.
26        (e) (Blank).

 

 

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1        (f) For victims of offenses defined in Section 10-9 of
2    the Criminal Code of 2012, the victim submits a statement
3    under oath on a form prescribed by the Attorney General
4    attesting that the removed tattoo was applied in
5    connection with the commission of the offense.
6        (f-5) Notwithstanding any other provision of this Act
7    to the contrary, a trafficking victim as defined in
8    Section 10-9 of the Criminal Code of 2012 who is under 18
9    years of age is not subject to the filing requirements of
10    this Act and is not subject to the eligibility
11    requirements of this Act.
12        (g) In determining whether cooperation has been
13    reasonable, the Attorney General and Court of Claims may
14    consider the victim's age, physical condition,
15    psychological state, cultural or linguistic barriers, and
16    compelling health and safety concerns, including, but not
17    limited to, a reasonable fear of retaliation or harm that
18    would jeopardize the well-being of the victim or the
19    victim's family, and giving due consideration to the
20    degree of cooperation that the victim or derivative victim
21    is capable of in light of the presence of any of these
22    factors, or any other factor the Attorney General
23    considers relevant.
24    The changes made to this Section by this amendatory Act of
25the 101st General Assembly apply to actions commenced or
26pending on or after January 1, 2022.

 

 

SB1597- 79 -LRB103 25390 RLC 51736 b

1(Source: P.A. 101-652, eff. 7-1-21; 102-27, eff. 6-25-21.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.

 

 

SB1597- 80 -LRB103 25390 RLC 51736 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 705/7
4    325 ILCS 5/3from Ch. 23, par. 2053
5    705 ILCS 405/5-915
6    720 ILCS 5/10-9
7    720 ILCS 5/11-18.1from Ch. 38, par. 11-18.1
8    720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
9    720 ILCS 5/11-25
10    720 ILCS 5/11-27 new
11    725 ILCS 5/116-2.1
12    730 ILCS 150/2from Ch. 38, par. 222
13    740 ILCS 45/6.1from Ch. 70, par. 76.1