093_HB0425ham002

 










                                     LRB093 03440 RLC 14389 a

 1                     AMENDMENT TO HOUSE BILL 425

 2        AMENDMENT NO.     .  Amend House Bill 425, AS AMENDED, as
 3    follows:

 4    by replacing everything after the enacting  clause  with  the
 5    following:

 6        "Section  5.  The  Department  of State Police Law of the
 7    Civil Administrative Code of Illinois is  amended  by  adding
 8    Section 2605-560 as follows:

 9        (20 ILCS 2605/2605-560 new)
10        Sec. 2605-560.  Pilot program; Project Safe Child.
11        (a)  In this Section:
12        "Child"  means  a  person  under  18  years  of  age or a
13    severely or profoundly mentally retarded person at  the  time
14    of the offense.
15        "Sex   offense"   has  the  meaning  ascribed  to  it  in
16    subsection (c) of Section 10 of the Sex  Offender  Management
17    Board Act.
18        "Severely or profoundly mentally retarded person" has the
19    meaning ascribed to it in Section 2-10.1 of the Criminal Code
20    of 1961.
21        (b)  The  Department shall establish a Project Safe Child
22    pilot program to combat crimes against  children  facilitated
 
                            -2-      LRB093 03440 RLC 14389 a
 1    by the Internet.
 2        (c)  Through   the  pilot  program,  the  Department,  in
 3    coordination with local  law  enforcement  agencies,  State's
 4    Attorneys,  and  United States Attorneys, shall encourage the
 5    prosecution in federal court  of  all  persons  who  use  the
 6    Internet,  directly  or  indirectly,  to commit or attempt to
 7    commit a sex offense if  the  sex  offense  is  committed  or
 8    attempted  against  a child. The program shall also encourage
 9    public outreach by law enforcement agencies.
10        (d)  There is created the  Project  Safe  Child  Fund,  a
11    special  fund  in the State treasury. Moneys appropriated for
12    the purposes of Project Safe Child and moneys from any  other
13    private or public source, including without limitation grants
14    from  the Department of Commerce and Community Affairs or the
15    United States Department of Justice, shall be deposited  into
16    the  Fund.  Moneys in the Fund, subject to appropriation, may
17    be used by the Department of  State  Police  to  develop  and
18    administer the Project Safe Child program.
19        (e)  The  Department shall report to the General Assembly
20    by March 1, 2005 regarding the implementation and effects  of
21    the  Project  Safe Child pilot program and shall by that date
22    make recommendations to the General Assembly for  changes  in
23    the program that the Department deems appropriate.
24        The  requirement  for  reporting  to the General Assembly
25    shall be satisfied by filing copies of the  report  with  the
26    Speaker,  the  Minority Leader, and the Clerk of the House of
27    Representatives, with the President, the Minority Leader, and
28    the  Secretary  of  the  Senate,  and  with  the  Legislative
29    Research Unit, as required by  Section  3.1  of  the  General
30    Assembly  Organization Act, and filing such additional copies
31    with the State Government Report Distribution Center for  the
32    General  Assembly  as  is  required  under  paragraph  (t) of
33    Section 7 of the State Library Act.
 
                            -3-      LRB093 03440 RLC 14389 a
 1        Section 10.  The State Finance Act is amended  by  adding
 2    Section 5.595 as follows:

 3        (30 ILCS 105/5.595 new)
 4        Sec. 5.595. The Project Safe Child Fund.

 5        Section  15.   The  Criminal  Code  of 1961 is amended by
 6    adding Section 11-24 as follows:

 7        (720 ILCS 5/11-24 new)
 8        Sec. 11-24. Child photography by sex offender.
 9        (a)  In this Section:
10        "Child" means a person under 18 years of age.
11        "Child sex offender" has the meaning ascribed  to  it  in
12    Section 11-9.3 of this Code.
13        (b)  It   is   unlawful  for  a  child  sex  offender  to
14    knowingly:
15             (1)  conduct or operate  any  type  of  business  in
16        which  he  or  she  photographs,  videotapes,  or takes a
17        digital image of a child;
18             (2)  conduct or operate  any  type  of  business  in
19        which  he  or  she instructs or directs another person to
20        photograph, videotape, or  take  a  digital  image  of  a
21        child; or
22             (3)  conduct  or  operate  any  type  of business in
23        which he or she offers for sale a photograph,  videotape,
24        computer  disk,  digital  image, or visual depiction of a
25        child.
26        (c)  Sentence. A violation of this Section is a  Class  2
27    felony.

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.".