98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3016

 

Introduced , by Rep. Patrick J. Verschoore

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/7  from Ch. 85, par. 507
730 ILCS 150/2  from Ch. 38, par. 222
735 ILCS 5/8-2801

    Amends the Illinois Police Training Act. Provides that the curriculum of police training schools shall include training to deal with the victims of human trafficking and shall encourage police officers to communicate in the language of the trafficking victims. Provides that the course of instruction and training standards shall be developed by the Illinois Law enforcement Training Standards Board in consultation with appropriate national and State experts in the field of human trafficking. Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" trafficking in persons, involuntary servitude, and related offenses and permitting sexual abuse of a child. Amends the Code of Civil Procedure. Provides that in civil proceedings, evidence that a witness was a victim of human trafficking is not admissible to prove prior sexual activity or reputation. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include but not be limited to the following:
10    a. The curriculum for probationary police officers which
11shall be offered by all certified schools shall include but not
12be limited to courses of arrest, search and seizure, civil
13rights, human relations, cultural diversity, including racial
14and ethnic sensitivity, criminal law, law of criminal
15procedure, vehicle and traffic law including uniform and
16non-discriminatory enforcement of the Illinois Vehicle Code,
17traffic control and accident investigation, techniques of
18obtaining physical evidence, court testimonies, statements,
19reports, firearms training, first-aid (including
20cardiopulmonary resuscitation), handling of juvenile
21offenders, recognition of mental conditions which require
22immediate assistance and methods to safeguard and provide
23assistance to a person in need of mental treatment, recognition

 

 

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1of elder abuse and neglect, as defined in Section 2 of the
2Elder Abuse and Neglect Act, crimes against the elderly, law of
3evidence, the hazards of high-speed police vehicle chases with
4an emphasis on alternatives to the high-speed chase, and
5physical training. The curriculum shall include specific
6training in techniques for immediate response to and
7investigation of cases of domestic violence and of sexual
8assault of adults and children. The curriculum shall include
9training in techniques designed to promote effective
10communication at the initial contact with crime victims and
11ways to comprehensively explain to victims and witnesses their
12rights under the Rights of Crime Victims and Witnesses Act and
13the Crime Victims Compensation Act. The curriculum shall also
14include a block of instruction aimed at identifying and
15interacting with persons with autism and other developmental
16disabilities, reducing barriers to reporting crimes against
17persons with autism, and addressing the unique challenges
18presented by cases involving victims or witnesses with autism
19and other developmental disabilities. The curriculum shall
20include training to deal with the victims of human trafficking,
21as defined in Section 10-9 of the Criminal Code of 2012, and
22shall encourage police officers to communicate in the language
23of the trafficking victims. The course of instruction and
24training standards shall be developed by the Board in
25consultation with appropriate national and State experts in the
26field of human trafficking. The curriculum for permanent police

 

 

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1officers shall include but not be limited to (1) refresher and
2in-service training in any of the courses listed above in this
3subparagraph, (2) advanced courses in any of the subjects
4listed above in this subparagraph, (3) training for supervisory
5personnel, and (4) specialized training in subjects and fields
6to be selected by the board.
7    b. Minimum courses of study, attendance requirements and
8equipment requirements.
9    c. Minimum requirements for instructors.
10    d. Minimum basic training requirements, which a
11probationary police officer must satisfactorily complete
12before being eligible for permanent employment as a local law
13enforcement officer for a participating local governmental
14agency. Those requirements shall include training in first aid
15(including cardiopulmonary resuscitation).
16    e. Minimum basic training requirements, which a
17probationary county corrections officer must satisfactorily
18complete before being eligible for permanent employment as a
19county corrections officer for a participating local
20governmental agency.
21    f. Minimum basic training requirements which a
22probationary court security officer must satisfactorily
23complete before being eligible for permanent employment as a
24court security officer for a participating local governmental
25agency. The Board shall establish those training requirements
26which it considers appropriate for court security officers and

 

 

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1shall certify schools to conduct that training.
2    A person hired to serve as a court security officer must
3obtain from the Board a certificate (i) attesting to his or her
4successful completion of the training course; (ii) attesting to
5his or her satisfactory completion of a training program of
6similar content and number of hours that has been found
7acceptable by the Board under the provisions of this Act; or
8(iii) attesting to the Board's determination that the training
9course is unnecessary because of the person's extensive prior
10law enforcement experience.
11    Individuals who currently serve as court security officers
12shall be deemed qualified to continue to serve in that capacity
13so long as they are certified as provided by this Act within 24
14months of the effective date of this amendatory Act of 1996.
15Failure to be so certified, absent a waiver from the Board,
16shall cause the officer to forfeit his or her position.
17    All individuals hired as court security officers on or
18after the effective date of this amendatory Act of 1996 shall
19be certified within 12 months of the date of their hire, unless
20a waiver has been obtained by the Board, or they shall forfeit
21their positions.
22    The Sheriff's Merit Commission, if one exists, or the
23Sheriff's Office if there is no Sheriff's Merit Commission,
24shall maintain a list of all individuals who have filed
25applications to become court security officers and who meet the
26eligibility requirements established under this Act. Either

 

 

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1the Sheriff's Merit Commission, or the Sheriff's Office if no
2Sheriff's Merit Commission exists, shall establish a schedule
3of reasonable intervals for verification of the applicants'
4qualifications under this Act and as established by the Board.
5(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; revised
68-3-12.)
 
7    Section 10. The Sex Offender Registration Act is amended by
8changing Section 2 as follows:
 
9    (730 ILCS 150/2)  (from Ch. 38, par. 222)
10    Sec. 2. Definitions.
11    (A) As used in this Article, "sex offender" means any
12person who is:
13        (1) charged pursuant to Illinois law, or any
14    substantially similar federal, Uniform Code of Military
15    Justice, sister state, or foreign country law, with a sex
16    offense set forth in subsection (B) of this Section or the
17    attempt to commit an included sex offense, and:
18            (a) is convicted of such offense or an attempt to
19        commit such offense; or
20            (b) is found not guilty by reason of insanity of
21        such offense or an attempt to commit such offense; or
22            (c) is found not guilty by reason of insanity
23        pursuant to Section 104-25(c) of the Code of Criminal
24        Procedure of 1963 of such offense or an attempt to

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (1.7) (Blank).
2        (1.8) A violation or attempted violation of Section
3    11-11 (sexual relations within families) of the Criminal
4    Code of 1961 or the Criminal Code of 2012, and the offense
5    was committed on or after June 1, 1997. If the offense was
6    committed before June 1, 1997, it is a sex offense
7    requiring registration only when the person is convicted of
8    any felony after July 1, 2011, and paragraph (2.1) of
9    subsection (c) of Section 3 of this Act applies.
10        (1.9) Child abduction under paragraph (10) of
11    subsection (b) of Section 10-5 of the Criminal Code of 1961
12    or the Criminal Code of 2012 committed by luring or
13    attempting to lure a child under the age of 16 into a motor
14    vehicle, building, house trailer, or dwelling place
15    without the consent of the parent or lawful custodian of
16    the child for other than a lawful purpose and the offense
17    was committed on or after January 1, 1998, provided the
18    offense was sexually motivated as defined in Section 10 of
19    the Sex Offender Management Board Act. If the offense was
20    committed before January 1, 1998, it is a sex offense
21    requiring registration only when the person is convicted of
22    any felony after July 1, 2011, and paragraph (2.1) of
23    subsection (c) of Section 3 of this Act applies.
24        (1.10) A violation or attempted violation of any of the
25    following Sections of the Criminal Code of 1961 or the
26    Criminal Code of 2012 when the offense was committed on or

 

 

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

 

 

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1            11-9 or 11-30 (public indecency for a third or
2        subsequent conviction).
3        If the third or subsequent conviction was imposed
4    before August 22, 2002, it is a sex offense requiring
5    registration only when the person is convicted of any
6    felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (1.12) A violation or attempted violation of Section
9    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
10    Criminal Code of 1961 or the Criminal Code of 2012
11    (permitting sexual abuse) when the offense was committed on
12    or after August 22, 2002. If the offense was committed
13    before August 22, 2002, it is a sex offense requiring
14    registration only when the person is convicted of any
15    felony after July 1, 2011, and paragraph (2.1) of
16    subsection (c) of Section 3 of this Act applies.
17        (2) A violation of any former law of this State
18    substantially equivalent to any offense listed in
19    subsection (B) of this Section.
20    (C) A conviction for an offense of federal law, Uniform
21Code of Military Justice, or the law of another state or a
22foreign country that is substantially equivalent to any offense
23listed in subsections (B), (C), (E), and (E-5) of this Section
24shall constitute a conviction for the purpose of this Article.
25A finding or adjudication as a sexually dangerous person or a
26sexually violent person under any federal law, Uniform Code of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1means the string of numbers by which a location on the Internet
2is identified by routers or other computers connected to the
3Internet.
4(Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11;
596-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
697-1073, eff. 1-1-13; 97-1098, eff. 1-1-13; 97-1109, eff.
71-1-13; 97-1150, eff. 1-25-13.)
 
8    Section 15. The Code of Civil Procedure is amended by
9changing Section 8-2801 as follows:
 
10    (735 ILCS 5/8-2801)
11    Sec. 8-2801. Admissibility of evidence; prior sexual
12activity or reputation.
13    (a) Evidence generally inadmissible. The following
14evidence is not admissible in any civil proceeding except as
15provided in subsections (b) and (c):
16        (1) evidence offered to prove that any victim engaged
17    in other sexual behavior or was a victim of human
18    trafficking as defined in Section 10-9 of the Criminal Code
19    of 2012; or
20        (2) evidence offered to prove any victim's sexual
21    predisposition.
22    (b) Exceptions.
23        (1) In a civil case, the following evidence is
24    admissible, if otherwise admissible under this Act:

 

 

HB3016- 20 -LRB098 09911 RLC 40069 b

1            (A) evidence of specific instances of sexual
2        behavior by the victim offered to prove that a person
3        other than the accused was the source of semen, injury,
4        or other physical evidence; and
5            (B) evidence of specific instances of sexual
6        behavior by the victim with respect to the person
7        accused of the sexual misconduct offered by the accused
8        to prove consent by the victim.
9    (c) Procedure to determine admissibility.
10        (1) A party intending to offer evidence under
11    subsection (b) must:
12            (A) file a written motion at least 14 days before
13        trial specifically describing the evidence and stating
14        the purpose for which it is offered unless the court,
15        for good cause requires a different time for filing or
16        permits filing during trial; and
17            (B) serve the motion on all parties and notify the
18        victim or, when appropriate, the victim's guardian or
19        representative.
20        (2) Before admitting evidence under this Section the
21    court must conduct a hearing in camera and afford the
22    victim and parties a right to attend and be heard. The
23    motion, related papers, and the record of the hearing must
24    be sealed and remain under seal unless the court orders
25    otherwise.
26(Source: P.A. 96-307, eff. 1-1-10.)
 

 

 

HB3016- 21 -LRB098 09911 RLC 40069 b

1    Section 99. Effective date. This Act takes effect upon
2becoming law.