Illinois General Assembly - Full Text of SB2220
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Full Text of SB2220  102nd General Assembly

SB2220 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2220

 

Introduced 2/26/2021, 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. 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.


LRB102 11588 KMF 16922 b

 

 

A BILL FOR

 

SB2220LRB102 11588 KMF 16922 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)  (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
11    which shall be offered by all certified schools shall
12    include, but not be limited to, courses of procedural
13    justice, arrest and use and control tactics, search and
14    seizure, including temporary questioning, civil rights,
15    human rights, human relations, cultural competency,
16    including implicit bias and racial and ethnic sensitivity,
17    criminal law, law of criminal procedure, constitutional
18    and proper use of law enforcement authority, vehicle and
19    traffic law including uniform and non-discriminatory
20    enforcement of the Illinois Vehicle Code, traffic control
21    and accident investigation, techniques of obtaining
22    physical evidence, court testimonies, statements, reports,
23    firearms training, training in the use of electronic

 

 

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

 

 

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

 

 

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1    ensure the physical safety and well-being of a child of an
2    arrested parent or immediate family member; this
3    instruction must include, but is not limited to: (1)
4    understanding the trauma experienced by the child while
5    maintaining the integrity of the arrest and safety of
6    officers, suspects, and other involved individuals; (2)
7    de-escalation tactics that would include the use of force
8    when reasonably necessary; and (3) inquiring whether a
9    child will require supervision and care. The curriculum
10    for permanent police officers shall include, but not be
11    limited to: (1) refresher and in-service training in any
12    of the courses listed above in this subparagraph, (2)
13    advanced courses in any of the subjects listed above in
14    this subparagraph, (3) training for supervisory personnel,
15    and (4) specialized training in subjects and fields to be
16    selected by the board. The training in the use of
17    electronic control devices shall be conducted for
18    probationary police officers, including University police
19    officers.
20        b. Minimum courses of study, attendance requirements
21    and equipment requirements.
22        c. Minimum requirements for instructors.
23        d. Minimum basic training requirements, which a
24    probationary police officer must satisfactorily complete
25    before being eligible for permanent employment as a local
26    law enforcement officer for a participating local

 

 

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1    governmental agency. Those requirements shall include
2    training in first aid (including cardiopulmonary
3    resuscitation).
4        e. Minimum basic training requirements, which a
5    probationary county corrections officer must
6    satisfactorily complete before being eligible for
7    permanent employment as a county corrections officer for a
8    participating local governmental agency.
9        f. Minimum basic training requirements which a
10    probationary court security officer must satisfactorily
11    complete before being eligible for permanent employment as
12    a court security officer for a participating local
13    governmental agency. The Board shall establish those
14    training requirements which it considers appropriate for
15    court security officers and shall certify schools to
16    conduct that training.
17        A person hired to serve as a court security officer
18    must obtain from the Board a certificate (i) attesting to
19    his or her successful completion of the training course;
20    (ii) attesting to his or her satisfactory completion of a
21    training program of similar content and number of hours
22    that has been found acceptable by the Board under the
23    provisions of this Act; or (iii) attesting to the Board's
24    determination that the training course is unnecessary
25    because of the person's extensive prior law enforcement
26    experience.

 

 

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1        Individuals who currently serve as court security
2    officers shall be deemed qualified to continue to serve in
3    that capacity so long as they are certified as provided by
4    this Act within 24 months of June 1, 1997 (the effective
5    date of Public Act 89-685). Failure to be so certified,
6    absent a waiver from the Board, shall cause the officer to
7    forfeit his or her position.
8        All individuals hired as court security officers on or
9    after June 1, 1997 (the effective date of Public Act
10    89-685) shall be certified within 12 months of the date of
11    their hire, unless a waiver has been obtained by the
12    Board, or they shall forfeit their positions.
13        The Sheriff's Merit Commission, if one exists, or the
14    Sheriff's Office if there is no Sheriff's Merit
15    Commission, shall maintain a list of all individuals who
16    have filed applications to become court security officers
17    and who meet the eligibility requirements established
18    under this Act. Either the Sheriff's Merit Commission, or
19    the Sheriff's Office if no Sheriff's Merit Commission
20    exists, shall establish a schedule of reasonable intervals
21    for verification of the applicants' qualifications under
22    this Act and as established by the Board.
23        g. Minimum in-service training requirements, which a
24    police officer must satisfactorily complete every 3 years.
25    Those requirements shall include constitutional and proper
26    use of law enforcement authority, procedural justice,

 

 

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1    civil rights, human rights, mental health awareness and
2    response, officer wellness, reporting child abuse and
3    neglect, and cultural competency.
4        h. Minimum in-service training requirements, which a
5    police officer must satisfactorily complete at least
6    annually. Those requirements shall include law updates and
7    use of force training which shall include scenario based
8    training, or similar training approved by the Board.
9(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
10100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
111-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
12eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
13101-564, eff. 1-1-20; revised 9-10-19.)
 
14    Section 10. The Abused and Neglected Child Reporting Act
15is amended by changing Section 3 as follows:
 
16    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
17    Sec. 3. As used in this Act unless the context otherwise
18requires:
19    "Adult resident" means any person between 18 and 22 years
20of age who resides in any facility licensed by the Department
21under the Child Care Act of 1969. For purposes of this Act, the
22criteria set forth in the definitions of "abused child" and
23"neglected child" shall be used in determining whether an
24adult resident is abused or neglected.

 

 

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1    "Agency" means a child care facility licensed under
2Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
3includes a transitional living program that accepts children
4and adult residents for placement who are in the guardianship
5of the Department.
6    "Blatant disregard" means an incident where the real,
7significant, and imminent risk of harm would be so obvious to a
8reasonable parent or caretaker that it is unlikely that a
9reasonable parent or caretaker would have exposed the child to
10the danger without exercising precautionary measures to
11protect the child from harm. With respect to a person working
12at an agency in his or her professional capacity with a child
13or adult resident, "blatant disregard" includes a failure by
14the person to perform job responsibilities intended to protect
15the child's or adult resident's health, physical well-being,
16or welfare, and, when viewed in light of the surrounding
17circumstances, evidence exists that would cause a reasonable
18person to believe that the child was neglected. With respect
19to an agency, "blatant disregard" includes a failure to
20implement practices that ensure the health, physical
21well-being, or welfare of the children and adult residents
22residing in the facility.
23    "Child" means any person under the age of 18 years, unless
24legally emancipated by reason of marriage or entry into a
25branch of the United States armed services.
26    "Department" means Department of Children and Family

 

 

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1Services.
2    "Local law enforcement agency" means the police of a city,
3town, village or other incorporated area or the sheriff of an
4unincorporated area or any sworn officer of the Illinois
5Department of State Police.
6    "Abused child" means a child whose parent or immediate
7family member, or any person responsible for the child's
8welfare, or any individual residing in the same home as the
9child, or a paramour of the child's parent:
10        (a) inflicts, causes to be inflicted, or allows to be
11    inflicted upon such child physical injury, by other than
12    accidental means, which causes death, disfigurement,
13    impairment of physical or emotional health, or loss or
14    impairment of any bodily function;
15        (b) creates a substantial risk of physical injury to
16    such child by other than accidental means which would be
17    likely to cause death, disfigurement, impairment of
18    physical or emotional health, or loss or impairment of any
19    bodily function;
20        (c) commits or allows to be committed any sex offense
21    against such child, as such sex offenses are defined in
22    the Criminal Code of 2012 or in the Wrongs to Children Act,
23    and extending those definitions of sex offenses to include
24    children under 18 years of age;
25        (d) commits or allows to be committed an act or acts of
26    torture upon such child;

 

 

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1        (e) inflicts excessive corporal punishment or, in the
2    case of a person working for an agency who is prohibited
3    from using corporal punishment, inflicts corporal
4    punishment upon a child or adult resident with whom the
5    person is working in his or her professional capacity;
6        (f) commits or allows to be committed the offense of
7    female genital mutilation, as defined in Section 12-34 of
8    the Criminal Code of 2012, against the child;
9        (g) causes to be sold, transferred, distributed, or
10    given to such child under 18 years of age, a controlled
11    substance as defined in Section 102 of the Illinois
12    Controlled Substances Act in violation of Article IV of
13    the Illinois Controlled Substances Act or in violation of
14    the Methamphetamine Control and Community Protection Act,
15    except for controlled substances that are prescribed in
16    accordance with Article III of the Illinois Controlled
17    Substances Act and are dispensed to such child in a manner
18    that substantially complies with the prescription; or
19        (h) commits or allows to be committed the offense of
20    involuntary servitude, involuntary sexual servitude of a
21    minor, or trafficking in persons as defined in Section
22    10-9 of the Criminal Code of 2012 against the child. A
23    child shall be considered abused regardless of the
24    perpetrator of the abuse if the child is a human
25    trafficking victim as defined in Section 10-9 of the
26    Criminal Code of 2012.

 

 

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1    A child shall not be considered abused for the sole reason
2that the child has been relinquished in accordance with the
3Abandoned Newborn Infant Protection Act.
4    "Neglected child" means any child who is not receiving the
5proper or necessary nourishment or medically indicated
6treatment including food or care not provided solely on the
7basis of the present or anticipated mental or physical
8impairment as determined by a physician acting alone or in
9consultation with other physicians or otherwise is not
10receiving the proper or necessary support or medical or other
11remedial care recognized under State law as necessary for a
12child's well-being, or other care necessary for his or her
13well-being, including adequate food, clothing and shelter; or
14who is subjected to an environment which is injurious insofar
15as (i) the child's environment creates a likelihood of harm to
16the child's health, physical well-being, or welfare and (ii)
17the likely harm to the child is the result of a blatant
18disregard of parent, caretaker, or agency responsibilities; or
19who is abandoned by his or her parents or other person
20responsible for the child's welfare without a proper plan of
21care; or who has been provided with interim crisis
22intervention services under Section 3-5 of the Juvenile Court
23Act of 1987 and whose parent, guardian, or custodian refuses
24to permit the child to return home and no other living
25arrangement agreeable to the parent, guardian, or custodian
26can be made, and the parent, guardian, or custodian has not

 

 

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1made any other appropriate living arrangement for the child;
2or who is a newborn infant whose blood, urine, or meconium
3contains any amount of a controlled substance as defined in
4subsection (f) of Section 102 of the Illinois Controlled
5Substances Act or a metabolite thereof, with the exception of
6a controlled substance or metabolite thereof whose presence in
7the newborn infant is the result of medical treatment
8administered to the mother or the newborn infant. A child
9shall not be considered neglected for the sole reason that the
10child's parent or other person responsible for his or her
11welfare has left the child in the care of an adult relative for
12any period of time. A child shall not be considered neglected
13for the sole reason that the child has been relinquished in
14accordance with the Abandoned Newborn Infant Protection Act. A
15child shall not be considered neglected or abused for the sole
16reason that such child's parent or other person responsible
17for his or her welfare depends upon spiritual means through
18prayer alone for the treatment or cure of disease or remedial
19care as provided under Section 4 of this Act. A child shall not
20be considered neglected or abused solely because the child is
21not attending school in accordance with the requirements of
22Article 26 of The School Code, as amended.
23    "Child Protective Service Unit" means certain specialized
24State employees of the Department assigned by the Director to
25perform the duties and responsibilities as provided under
26Section 7.2 of this Act.

 

 

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1    "Near fatality" means an act that, as certified by a
2physician, places the child in serious or critical condition,
3including acts of great bodily harm inflicted upon children
4under 13 years of age, and as otherwise defined by Department
5rule.
6    "Great bodily harm" includes bodily injury which creates a
7high probability of death, or which causes serious permanent
8disfigurement, or which causes a permanent or protracted loss
9or impairment of the function of any bodily member or organ, or
10other serious bodily harm.
11    "Person responsible for the child's welfare" means the
12child's parent; guardian; foster parent; relative caregiver;
13any person responsible for the child's welfare in a public or
14private residential agency or institution; any person
15responsible for the child's welfare within a public or private
16profit or not for profit child care facility; or any other
17person responsible for the child's welfare at the time of the
18alleged abuse or neglect, including any person that is the
19custodian of a child under 18 years of age who commits or
20allows to be committed, against the child, the offense of
21involuntary servitude, involuntary sexual servitude of a
22minor, or trafficking in persons for forced labor or services,
23as provided in Section 10-9 of the Criminal Code of 2012, or
24any person who came to know the child through an official
25capacity or position of trust, including but not limited to
26health care professionals, educational personnel, recreational

 

 

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1supervisors, members of the clergy, and volunteers or support
2personnel in any setting where children may be subject to
3abuse or neglect.
4    "Temporary protective custody" means custody within a
5hospital or other medical facility or a place previously
6designated for such custody by the Department, subject to
7review by the Court, including a licensed foster home, group
8home, or other institution; but such place shall not be a jail
9or other place for the detention of criminal or juvenile
10offenders.
11    "An unfounded report" means any report made under this Act
12for which it is determined after an investigation that no
13credible evidence of abuse or neglect exists.
14    "An indicated report" means a report made under this Act
15if an investigation determines that credible evidence of the
16alleged abuse or neglect exists.
17    "An undetermined report" means any report made under this
18Act in which it was not possible to initiate or complete an
19investigation on the basis of information provided to the
20Department.
21    "Subject of report" means any child reported to the
22central register of child abuse and neglect established under
23Section 7.7 of this Act as an alleged victim of child abuse or
24neglect and the parent or guardian of the alleged victim or
25other person responsible for the alleged victim's welfare who
26is named in the report or added to the report as an alleged

 

 

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1perpetrator of child abuse or neglect.
2    "Perpetrator" means a person who, as a result of
3investigation, has been determined by the Department to have
4caused child abuse or neglect.
5    "Member of the clergy" means a clergyman or practitioner
6of any religious denomination accredited by the religious body
7to which he or she belongs.
8(Source: P.A. 99-350, eff. 6-1-16; 100-733, eff. 1-1-19.)
 
9    Section 15. The Juvenile Court Act of 1987 is amended by
10changing Sections 5-301 and 5-915 as follows:
 
11    (705 ILCS 405/5-301)
12    Sec. 5-301. Station adjustments. A minor arrested for any
13offense or a violation of a condition of previous station
14adjustment may receive a station adjustment for that arrest as
15provided herein. In deciding whether to impose a station
16adjustment, either informal or formal, a juvenile police
17officer shall consider the following factors:
18        (A) The seriousness of the alleged offense.
19        (B) The prior history of delinquency of the minor.
20        (C) The age of the minor.
21        (D) The culpability of the minor in committing the
22    alleged offense.
23        (E) Whether the offense was committed in an aggressive
24    or premeditated manner.

 

 

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1        (F) Whether the minor used or possessed a deadly
2    weapon when committing the alleged offenses.
3    If the minor is alleged to be a human trafficking victim
4and has been detained under subsection (d) of Section 11-14 of
5the Criminal Code of 2012, the detention shall be for the most
6limited period and shall be handled as a station adjustment.
7In that case, the minor shall be brought before a juvenile
8police officer if available.
9    (1) Informal station adjustment.
10        (a) An informal station adjustment is defined as a
11    procedure when a juvenile police officer determines that
12    there is probable cause to believe that the minor has
13    committed an offense.
14        (b) A minor shall receive no more than 3 informal
15    station adjustments statewide for a misdemeanor offense
16    within 3 years without prior approval from the State's
17    Attorney's Office.
18        (c) A minor shall receive no more than 3 informal
19    station adjustments statewide for a felony offense within
20    3 years without prior approval from the State's Attorney's
21    Office.
22        (d) A minor shall receive a combined total of no more
23    than 5 informal station adjustments statewide during his
24    or her minority.
25        (e) The juvenile police officer may make reasonable
26    conditions of an informal station adjustment which may

 

 

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1    include but are not limited to:
2            (i) Curfew.
3            (ii) Conditions restricting entry into designated
4        geographical areas.
5            (iii) No contact with specified persons.
6            (iv) School attendance.
7            (v) Performing up to 25 hours of community service
8        work.
9            (vi) Community mediation.
10            (vii) Teen court or a peer court.
11            (viii) Restitution limited to 90 days.
12        (f) If the minor refuses or fails to abide by the
13    conditions of an informal station adjustment, the juvenile
14    police officer may impose a formal station adjustment or
15    refer the matter to the State's Attorney's Office.
16        (g) An informal station adjustment does not constitute
17    an adjudication of delinquency or a criminal conviction.
18    Beginning January 1, 2000, a record shall be maintained
19    with the Department of State Police for informal station
20    adjustments for offenses that would be a felony if
21    committed by an adult, and may be maintained if the
22    offense would be a misdemeanor.
23    (2) Formal station adjustment.
24        (a) A formal station adjustment is defined as a
25    procedure when a juvenile police officer determines that
26    there is probable cause to believe the minor has committed

 

 

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1    an offense and an admission by the minor of involvement in
2    the offense.
3        (b) The minor and parent, guardian, or legal custodian
4    must agree in writing to the formal station adjustment and
5    must be advised of the consequences of violation of any
6    term of the agreement.
7        (c) The minor and parent, guardian or legal custodian
8    shall be provided a copy of the signed agreement of the
9    formal station adjustment. The agreement shall include:
10            (i) The offense which formed the basis of the
11        formal station adjustment.
12            (ii) An acknowledgment that the terms of the
13        formal station adjustment and the consequences for
14        violation have been explained.
15            (iii) An acknowledgment that the formal station
16        adjustments record may be expunged under Section 5-915
17        of this Act.
18            (iv) An acknowledgement that the minor understands
19        that his or her admission of involvement in the
20        offense may be admitted into evidence in future court
21        hearings.
22            (v) A statement that all parties understand the
23        terms and conditions of formal station adjustment and
24        agree to the formal station adjustment process.
25        (d) Conditions of the formal station adjustment may
26    include, but are not limited to:

 

 

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1            (i) The time shall not exceed 120 days.
2            (ii) The minor shall not violate any laws.
3            (iii) The juvenile police officer may require the
4        minor to comply with additional conditions for the
5        formal station adjustment which may include but are
6        not limited to:
7                (a) Attending school.
8                (b) Abiding by a set curfew.
9                (c) Payment of restitution.
10                (d) Refraining from possessing a firearm or
11            other weapon.
12                (e) Reporting to a police officer at
13            designated times and places, including reporting
14            and verification that the minor is at home at
15            designated hours.
16                (f) Performing up to 25 hours of community
17            service work.
18                (g) Refraining from entering designated
19            geographical areas.
20                (h) Participating in community mediation.
21                (i) Participating in teen court or peer court.
22                (j) Refraining from contact with specified
23            persons.
24        (e) A formal station adjustment does not constitute an
25    adjudication of delinquency or a criminal conviction.
26    Beginning January 1, 2000, a record shall be maintained

 

 

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1    with the Department of State Police for formal station
2    adjustments.
3        (f) A minor or the minor's parent, guardian, or legal
4    custodian, or both the minor and the minor's parent,
5    guardian, or legal custodian, may refuse a formal station
6    adjustment and have the matter referred for court action
7    or other appropriate action.
8        (g) A minor or the minor's parent, guardian, or legal
9    custodian, or both the minor and the minor's parent,
10    guardian, or legal custodian, may within 30 days of the
11    commencement of the formal station adjustment revoke their
12    consent and have the matter referred for court action or
13    other appropriate action. This revocation must be in
14    writing and personally served upon the police officer or
15    his or her supervisor.
16        (h) The admission of the minor as to involvement in
17    the offense shall be admissible at further court hearings
18    as long as the statement would be admissible under the
19    rules of evidence.
20        (i) If the minor violates any term or condition of the
21    formal station adjustment the juvenile police officer
22    shall provide written notice of violation to the minor and
23    the minor's parent, guardian, or legal custodian. After
24    consultation with the minor and the minor's parent,
25    guardian, or legal custodian, the juvenile police officer
26    may take any of the following steps upon violation:

 

 

SB2220- 21 -LRB102 11588 KMF 16922 b

1            (i) Warn the minor of consequences of continued
2        violations and continue the formal station adjustment.
3            (ii) Extend the period of the formal station
4        adjustment up to a total of 180 days.
5            (iii) Extend the hours of community service work
6        up to a total of 40 hours.
7            (iv) Terminate the formal station adjustment
8        unsatisfactorily and take no other action.
9            (v) Terminate the formal station adjustment
10        unsatisfactorily and refer the matter to the juvenile
11        court.
12        (j) A minor shall receive no more than 2 formal
13    station adjustments statewide for a felony offense without
14    the State's Attorney's approval within a 3 year period.
15        (k) A minor shall receive no more than 3 formal
16    station adjustments statewide for a misdemeanor offense
17    without the State's Attorney's approval within a 3 year
18    period.
19        (l) The total for formal station adjustments statewide
20    within the period of minority may not exceed 4 without the
21    State's Attorney's approval.
22        (m) If the minor is arrested in a jurisdiction where
23    the minor does not reside, the formal station adjustment
24    may be transferred to the jurisdiction where the minor
25    does reside upon written agreement of that jurisdiction to
26    monitor the formal station adjustment.

 

 

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1    (3) Beginning January 1, 2000, the juvenile police officer
2making a station adjustment shall assure that information
3about any offense which would constitute a felony if committed
4by an adult and may assure that information about a
5misdemeanor is transmitted to the Department of State Police.
6    (4) The total number of station adjustments, both formal
7and informal, shall not exceed 9 without the State's
8Attorney's approval for any minor arrested anywhere in the
9State.
10(Source: P.A. 99-78, eff. 7-20-15.)
 
11    (705 ILCS 405/5-915)
12    Sec. 5-915. Expungement of juvenile law enforcement and
13juvenile court records.
14    (0.05) (Blank).
15    (0.1) (a) The Department of State Police and all law
16enforcement agencies within the State shall automatically
17expunge, on or before January 1 of each year, all juvenile law
18enforcement records relating to events occurring before an
19individual's 18th birthday if:
20        (1) one year or more has elapsed since the date of the
21    arrest or law enforcement interaction documented in the
22    records;
23        (2) no petition for delinquency or criminal charges
24    were filed with the clerk of the circuit court relating to
25    the arrest or law enforcement interaction documented in

 

 

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1    the records; and
2        (3) 6 months have elapsed since the date of the arrest
3    without an additional subsequent arrest or filing of a
4    petition for delinquency or criminal charges whether
5    related or not to the arrest or law enforcement
6    interaction documented in the records.
7    (b) If the law enforcement agency is unable to verify
8satisfaction of conditions (2) and (3) of this subsection
9(0.1), records that satisfy condition (1) of this subsection
10(0.1) shall be automatically expunged if the records relate to
11an offense that if committed by an adult would not be an
12offense classified as Class 2 felony or higher, an offense
13under Article 11 of the Criminal Code of 1961 or Criminal Code
14of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961.
16    (0.15) If a juvenile law enforcement record meets
17paragraph (a) of subsection (0.1) of this Section, a juvenile
18law enforcement record created:
19        (1) prior to January 1, 2018, but on or after January
20    1, 2013 shall be automatically expunged prior to January
21    1, 2020;
22        (2) prior to January 1, 2013, but on or after January
23    1, 2000, shall be automatically expunged prior to January
24    1, 2023; and
25        (3) prior to January 1, 2000 shall not be subject to
26    the automatic expungement provisions of this Act.

 

 

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1Nothing in this subsection (0.15) shall be construed to
2restrict or modify an individual's right to have his or her
3juvenile law enforcement records expunged except as otherwise
4may be provided in this Act.
5    (0.2) (a) Upon dismissal of a petition alleging
6delinquency or upon a finding of not delinquent, the
7successful termination of an order of supervision, or the
8successful termination of an adjudication for an offense which
9would be a Class B misdemeanor, Class C misdemeanor, or a petty
10or business offense if committed by an adult, the court shall
11automatically order the expungement of the juvenile court
12records and juvenile law enforcement records. The clerk shall
13deliver a certified copy of the expungement order to the
14Department of State Police and the arresting agency. Upon
15request, the State's Attorney shall furnish the name of the
16arresting agency. The expungement shall be completed within 60
17business days after the receipt of the expungement order.
18    (b) If the chief law enforcement officer of the agency, or
19his or her designee, certifies in writing that certain
20information is needed for a pending investigation involving
21the commission of a felony, that information, and information
22identifying the juvenile, may be retained until the statute of
23limitations for the felony has run. If the chief law
24enforcement officer of the agency, or his or her designee,
25certifies in writing that certain information is needed with
26respect to an internal investigation of any law enforcement

 

 

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1office, that information and information identifying the
2juvenile may be retained within an intelligence file until the
3investigation is terminated or the disciplinary action,
4including appeals, has been completed, whichever is later.
5Retention of a portion of a juvenile's law enforcement record
6does not disqualify the remainder of his or her record from
7immediate automatic expungement.
8    (0.3) (a) Upon an adjudication of delinquency based on any
9offense except a disqualified offense, the juvenile court
10shall automatically order the expungement of the juvenile
11court and law enforcement records 2 years or, in the case of a
12human trafficking victim as defined in Section 10-9 of the
13Criminal Code of 2012 adjudicated delinquent for prostitution,
14immediately after the juvenile's case was closed if no
15delinquency or criminal proceeding is pending and the person
16has had no subsequent delinquency adjudication or criminal
17conviction. The clerk shall deliver a certified copy of the
18expungement order to the Department of State Police and the
19arresting agency. Upon request, the State's Attorney shall
20furnish the name of the arresting agency. The expungement
21shall be completed within 60 business days after the receipt
22of the expungement order. In this subsection (0.3),
23"disqualified offense" means any of the following offenses:
24Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2,
2510-3, 10-3.1, 10-4, 10-5, 10-9 if the minor was not a human
26trafficking victim as defined in that Section, 11-1.20,

 

 

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111-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2,
212-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1,
312-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2,
418-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5,
524-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9,
629D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal Code of
72012, or subsection (b) of Section 8-1, paragraph (4) of
8subsection (a) of Section 11-14.4, subsection (a-5) of Section
912-3.1, paragraph (1), (2), or (3) of subsection (a) of
10Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
11paragraph (1) or (2) of subsection (a) of Section 12-7.4,
12subparagraph (i) of paragraph (1) of subsection (a) of Section
1312-9, subparagraph (H) of paragraph (3) of subsection (a) of
14Section 24-1.6, paragraph (1) of subsection (a) of Section
1525-1, or subsection (a-7) of Section 31-1 of the Criminal Code
16of 2012.
17    (b) If the chief law enforcement officer of the agency, or
18his or her designee, certifies in writing that certain
19information is needed for a pending investigation involving
20the commission of a felony, that information, and information
21identifying the juvenile, may be retained in an intelligence
22file until the investigation is terminated or for one
23additional year, whichever is sooner. Retention of a portion
24of a juvenile's juvenile law enforcement record does not
25disqualify the remainder of his or her record from immediate
26automatic expungement.

 

 

SB2220- 27 -LRB102 11588 KMF 16922 b

1    (0.4) Automatic expungement for the purposes of this
2Section shall not require law enforcement agencies to
3obliterate or otherwise destroy juvenile law enforcement
4records that would otherwise need to be automatically expunged
5under this Act, except after 2 years following the subject
6arrest for purposes of use in civil litigation against a
7governmental entity or its law enforcement agency or personnel
8which created, maintained, or used the records. However, these
9juvenile law enforcement records shall be considered expunged
10for all other purposes during this period and the offense,
11which the records or files concern, shall be treated as if it
12never occurred as required under Section 5-923.
13    (0.5) Subsection (0.1) or (0.2) of this Section does not
14apply to violations of traffic, boating, fish and game laws,
15or county or municipal ordinances.
16    (0.6) Juvenile law enforcement records of a plaintiff who
17has filed civil litigation against the governmental entity or
18its law enforcement agency or personnel that created,
19maintained, or used the records, or juvenile law enforcement
20records that contain information related to the allegations
21set forth in the civil litigation may not be expunged until
22after 2 years have elapsed after the conclusion of the
23lawsuit, including any appeal.
24    (0.7) Officer-worn body camera recordings shall not be
25automatically expunged except as otherwise authorized by the
26Law Enforcement Officer-Worn Body Camera Act.

 

 

SB2220- 28 -LRB102 11588 KMF 16922 b

1    (1) Whenever a person has been arrested, charged, or
2adjudicated delinquent for an incident occurring before his or
3her 18th birthday that if committed by an adult would be an
4offense, and that person's juvenile law enforcement and
5juvenile court records are not eligible for automatic
6expungement under subsection (0.1), (0.2), or (0.3), the
7person may petition the court at any time for expungement of
8juvenile law enforcement records and juvenile court records
9relating to the incident and, upon termination of all juvenile
10court proceedings relating to that incident, the court shall
11order the expungement of all records in the possession of the
12Department of State Police, the clerk of the circuit court,
13and law enforcement agencies relating to the incident, but
14only in any of the following circumstances:
15        (a) the minor was arrested and no petition for
16    delinquency was filed with the clerk of the circuit court;
17        (a-5) the minor was charged with an offense and the
18    petition or petitions were dismissed without a finding of
19    delinquency;
20        (b) the minor was charged with an offense and was
21    found not delinquent of that offense;
22        (c) the minor was placed under supervision under
23    Section 5-615, and the order of supervision has since been
24    successfully terminated; or
25        (d) the minor was adjudicated for an offense which
26    would be a Class B misdemeanor, Class C misdemeanor, or a

 

 

SB2220- 29 -LRB102 11588 KMF 16922 b

1    petty or business offense if committed by an adult; or
2        (e) the minor was adjudicated delinquent for
3    prostitution as a result of being a trafficking victim as
4    defined in Section 10-9 of the Criminal Code of 2012.
5    (1.5) The Department of State Police shall allow a person
6to use the Access and Review process, established in the
7Department of State Police, for verifying that his or her
8juvenile law enforcement records relating to incidents
9occurring before his or her 18th birthday eligible under this
10Act have been expunged.
11    (1.6) (Blank).
12    (1.7) (Blank).
13    (1.8) (Blank).
14    (2) Any person whose delinquency adjudications are not
15eligible for automatic expungement under subsection (0.3) of
16this Section may petition the court to expunge all juvenile
17law enforcement records relating to any incidents occurring
18before his or her 18th birthday which did not result in
19proceedings in criminal court and all juvenile court records
20with respect to any adjudications except those based upon
21first degree murder or an offense under Article 11 of the
22Criminal Code of 2012 if the person is required to register
23under the Sex Offender Registration Act at the time he or she
24petitions the court for expungement; provided that: (a)
25(blank); or (b) 2 years have elapsed since all juvenile court
26proceedings relating to him or her have been terminated and

 

 

SB2220- 30 -LRB102 11588 KMF 16922 b

1his or her commitment to the Department of Juvenile Justice
2under this Act has been terminated.
3    (2.5) If a minor is arrested and no petition for
4delinquency is filed with the clerk of the circuit court at the
5time the minor is released from custody, the youth officer, if
6applicable, or other designated person from the arresting
7agency, shall notify verbally and in writing to the minor or
8the minor's parents or guardians that the minor shall have an
9arrest record and shall provide the minor and the minor's
10parents or guardians with an expungement information packet,
11information regarding this State's expungement laws including
12a petition to expunge juvenile law enforcement and juvenile
13court records obtained from the clerk of the circuit court.
14    (2.6) If a minor is referred to court, then, at the time of
15sentencing, or dismissal of the case, or successful completion
16of supervision, the judge shall inform the delinquent minor of
17his or her rights regarding expungement and the clerk of the
18circuit court shall provide an expungement information packet
19to the minor, written in plain language, including information
20regarding this State's expungement laws and a petition for
21expungement, a sample of a completed petition, expungement
22instructions that shall include information informing the
23minor that (i) once the case is expunged, it shall be treated
24as if it never occurred, (ii) he or she may apply to have
25petition fees waived, (iii) once he or she obtains an
26expungement, he or she may not be required to disclose that he

 

 

SB2220- 31 -LRB102 11588 KMF 16922 b

1or she had a juvenile law enforcement or juvenile court
2record, and (iv) if petitioning he or she may file the petition
3on his or her own or with the assistance of an attorney. The
4failure of the judge to inform the delinquent minor of his or
5her right to petition for expungement as provided by law does
6not create a substantive right, nor is that failure grounds
7for: (i) a reversal of an adjudication of delinquency; , (ii) a
8new trial; or (iii) an appeal.
9    (2.7) (Blank).
10    (2.8) (Blank).
11    (3) (Blank).
12    (3.1) (Blank).
13    (3.2) (Blank).
14    (3.3) (Blank).
15    (4) (Blank).
16    (5) (Blank).
17    (5.5) Whether or not expunged, records eligible for
18automatic expungement under subdivision (0.1)(a), (0.2)(a), or
19(0.3)(a) may be treated as expunged by the individual subject
20to the records.
21    (6) (Blank).
22    (6.5) The Department of State Police or any employee of
23the Department shall be immune from civil or criminal
24liability for failure to expunge any records of arrest that
25are subject to expungement under this Section because of
26inability to verify a record. Nothing in this Section shall

 

 

SB2220- 32 -LRB102 11588 KMF 16922 b

1create Department of State Police liability or responsibility
2for the expungement of juvenile law enforcement records it
3does not possess.
4    (7) (Blank).
5    (7.5) (Blank).
6    (8)(a) (Blank). (b) (Blank). (c) The expungement of
7juvenile law enforcement or juvenile court records under
8subsection (0.1), (0.2), or (0.3) of this Section shall be
9funded by appropriation by the General Assembly for that
10purpose.
11    (9) (Blank).
12    (10) (Blank).
13(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
14100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
158-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
16eff. 12-20-18; revised 7-16-19.)
 
17    Section 20. The Criminal Code of 2012 is amended by
18changing Sections 10-9, 11-14.1, 11-18.1, 11-20.1, and 11-25
19and by adding Section 11-27 as follows:
 
20    (720 ILCS 5/10-9)
21    Sec. 10-9. Trafficking in persons, involuntary servitude,
22and related offenses.
23    (a) Definitions. In this Section:
24    (1) "Intimidation" has the meaning prescribed in Section

 

 

SB2220- 33 -LRB102 11588 KMF 16922 b

112-6.
2    (2) "Commercial sexual activity" means any sex act on
3account of which anything of value is given, promised to, or
4received by any person.
5    (2.5) "Company" means any sole proprietorship,
6organization, association, corporation, partnership, joint
7venture, limited partnership, limited liability partnership,
8limited liability limited partnership, limited liability
9company, or other entity or business association, including
10all wholly owned subsidiaries, majority-owned subsidiaries,
11parent companies, or affiliates of those entities or business
12associations, that exist for the purpose of making profit.
13    (3) "Financial harm" includes intimidation that brings
14about financial loss, criminal usury, or employment contracts
15that violate the Frauds Act.
16    (4) (Blank).
17    (5) "Labor" means work of economic or financial value.
18    (6) "Maintain" means, in relation to labor or services, to
19secure continued performance thereof, regardless of any
20initial agreement on the part of the victim to perform that
21type of service.
22    (7) "Obtain" means, in relation to labor or services, to
23secure performance thereof.
24    (7.5) "Serious harm" means any harm, whether physical or
25nonphysical, including psychological, financial, or
26reputational harm, that is sufficiently serious, under all the

 

 

SB2220- 34 -LRB102 11588 KMF 16922 b

1surrounding circumstances, to compel a reasonable person of
2the same background and in the same circumstances to perform
3or to continue performing labor or services in order to avoid
4incurring that harm.
5    (8) "Services" means activities resulting from a
6relationship between a person and the actor in which the
7person performs activities under the supervision of or for the
8benefit of the actor. Commercial sexual activity and
9sexually-explicit performances are forms of activities that
10are "services" under this Section. Nothing in this definition
11may be construed to legitimize or legalize prostitution.
12    (9) "Sexually-explicit performance" means a live,
13recorded, broadcast (including over the Internet), or public
14act or show intended to arouse or satisfy the sexual desires or
15appeal to the prurient interests of patrons.
16    (10) "Trafficking victim" means a person subjected to the
17practices set forth in subsection (b), (c), or (d).
18    (b) Involuntary servitude. A person commits involuntary
19servitude when he or she knowingly subjects, attempts to
20subject, or engages in a conspiracy to subject another person
21to labor or services obtained or maintained through any of the
22following means, or any combination of these means:
23        (1) causes or threatens to cause physical harm to any
24    person;
25        (2) physically restrains or threatens to physically
26    restrain another person;

 

 

SB2220- 35 -LRB102 11588 KMF 16922 b

1        (3) abuses or threatens to abuse the law or legal
2    process;
3        (4) knowingly destroys, conceals, removes,
4    confiscates, or possesses any actual or purported passport
5    or other immigration document, or any other actual or
6    purported government identification document, of another
7    person;
8        (5) uses intimidation, or exerts financial control
9    over any person; or
10        (6) uses any scheme, plan, or pattern intended to
11    cause the person to believe that, if the person did not
12    perform the labor or services, that person or another
13    person would suffer serious harm or physical restraint.
14    Sentence. Except as otherwise provided in subsection (e)
15or (f), a violation of subsection (b)(1) is a Class X felony,
16(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
17is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
18    (c) Involuntary sexual servitude of a minor. A person
19commits involuntary sexual servitude of a minor when he or she
20knowingly recruits, entices, harbors, transports, provides,
21purchases the sexual services of a minor, whether from the
22trafficker or minor, or obtains by any means, or attempts to
23recruit, entice, harbor, provide, purchase the services of,
24whether from the trafficker or minor, or obtain by any means,
25another person under 18 years of age, knowing that the minor
26will engage in commercial sexual activity, a sexually-explicit

 

 

SB2220- 36 -LRB102 11588 KMF 16922 b

1performance, or the production of pornography, or causes or
2attempts to cause a minor to engage in one or more of those
3activities and:
4        (1) there is no overt force or threat and the minor is
5    between the ages of 17 and 18 years;
6        (2) there is no overt force or threat and the minor is
7    under the age of 17 years; or
8        (3) there is overt force or threat.
9    (c-5) Mistake of age not a defense. It is not a defense to
10a violation of this Section that the accused reasonably
11believed the trafficking victim to be 18 years of age or over.
12    Sentence. Except as otherwise provided in subsection (e)
13or (f), a violation of subsection (c)(1) is a Class 1 felony,
14(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
15    (d) Trafficking in persons. A person commits trafficking
16in persons when he or she knowingly: (1) recruits, entices,
17harbors, transports, provides, or obtains by any means, or
18attempts to recruit, entice, harbor, transport, provide, or
19obtain by any means, another person, intending or knowing that
20the person will be subjected to involuntary servitude; or (2)
21benefits, financially or by receiving anything of value, from
22participation in a venture that has engaged in an act of
23involuntary servitude or involuntary sexual servitude of a
24minor. A company commits trafficking in persons when the
25company knowingly benefits, financially or by receiving
26anything of value, from participation in a venture that has

 

 

SB2220- 37 -LRB102 11588 KMF 16922 b

1engaged in an act of involuntary servitude or involuntary
2sexual servitude of a minor.
3    Sentence. Except as otherwise provided in subsection (e)
4or (f), a violation of this subsection by a person is a Class 1
5felony. A violation of this subsection by a company is a
6business offense for which a fine of up to $100,000 may be
7imposed.
8    (e) Aggravating factors. A violation of this Section
9involving kidnapping or an attempt to kidnap, aggravated
10criminal sexual assault or an attempt to commit aggravated
11criminal sexual assault, or an attempt to commit first degree
12murder is a Class X felony.
13    (f) Sentencing considerations.
14        (1) Bodily injury. If, pursuant to a violation of this
15    Section, a victim suffered bodily injury, the defendant
16    may be sentenced to an extended-term sentence under
17    Section 5-8-2 of the Unified Code of Corrections. The
18    sentencing court must take into account the time in which
19    the victim was held in servitude, with increased penalties
20    for cases in which the victim was held for between 180 days
21    and one year, and increased penalties for cases in which
22    the victim was held for more than one year.
23        (2) Number of victims. In determining sentences within
24    statutory maximums, the sentencing court should take into
25    account the number of victims, and may provide for
26    substantially increased sentences in cases involving more

 

 

SB2220- 38 -LRB102 11588 KMF 16922 b

1    than 10 victims.
2    (g) Restitution. Restitution is mandatory under this
3Section. In addition to any other amount of loss identified,
4the court shall order restitution including the greater of (1)
5the gross income or value to the defendant of the victim's
6labor or services or (2) the value of the victim's labor as
7guaranteed under the Minimum Wage Law and overtime provisions
8of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
9whichever is greater.
10    (g-1) A person who is a victim of involuntary sexual
11servitude of a minor is deemed a crime victim and is eligible
12for protections afforded to crime victims, including services
13under the Rights of Crime Victims and Witnesses Act, the Crime
14Victims Compensation Act, and the Abused and Neglected Child
15Reporting Act.
16    (g-5) Fine distribution. If the court imposes a fine under
17subsection (b), (c), or (d) of this Section, it shall be
18collected and distributed to the Specialized Services for
19Survivors of Human Trafficking Fund in accordance with Section
205-9-1.21 of the Unified Code of Corrections.
21    (h) Trafficking victim services. Subject to the
22availability of funds, the Department of Human Services may
23provide or fund emergency services and assistance to
24individuals who are victims of one or more offenses defined in
25this Section. These services shall include child welfare
26protection for victims of the offense of involuntary sexual

 

 

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1servitude of a minor under subsection (c) of Section 10-9 of
2the Criminal Code of 2012, irrespective of the perpetrator of
3the offense.
4    (i) Certification. The Attorney General, a State's
5Attorney, or any law enforcement official shall certify in
6writing to the United States Department of Justice or other
7federal agency, such as the United States Department of
8Homeland Security, that an investigation or prosecution under
9this Section has begun and the individual who is a likely
10victim of a crime described in this Section is willing to
11cooperate or is cooperating with the investigation to enable
12the individual, if eligible under federal law, to qualify for
13an appropriate special immigrant visa and to access available
14federal benefits. Cooperation with law enforcement shall not
15be required of victims of a crime described in this Section who
16are under 18 years of age. This certification shall be made
17available to the victim and his or her designated legal
18representative.
19    (j) A person who commits involuntary servitude,
20involuntary sexual servitude of a minor, or trafficking in
21persons under subsection (b), (c), or (d) of this Section is
22subject to the property forfeiture provisions set forth in
23Article 124B of the Code of Criminal Procedure of 1963.
24(Source: P.A. 101-18, eff. 1-1-20.)
 
25    (720 ILCS 5/11-14.1)

 

 

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1    Sec. 11-14.1. Solicitation of a sexual act.
2    (a) Any person who offers a person not his or her spouse
3any money, property, token, object, or article or anything of
4value for that person or any other person not his or her spouse
5to perform any act of sexual penetration as defined in Section
611-0.1 of this Code, or any touching or fondling of the sex
7organs of one person by another person for the purpose of
8sexual arousal or gratification, commits solicitation of a
9sexual act.
10    (b) Sentence. Solicitation of a sexual act is a Class A
11misdemeanor. Solicitation of a sexual act from a person who is
12under the age of 18 or who is a person with a severe or
13profound intellectual disability is a Class 4 felony. If the
14court imposes a fine under this subsection (b), it shall be
15collected and distributed to the Specialized Services for
16Survivors of Human Trafficking Fund in accordance with Section
175-9-1.21 of the Unified Code of Corrections.
18    (b-5) (Blank). It is an affirmative defense to a charge of
19solicitation of a sexual act with a person who is under the age
20of 18 or who is a person with a severe or profound intellectual
21disability that the accused reasonably believed the person was
22of the age of 18 years or over or was not a person with a
23severe or profound intellectual disability at the time of the
24act giving rise to the charge.
25    (c) This Section does not apply to a person engaged in
26prostitution who is under 18 years of age.

 

 

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1    (d) A person cannot be convicted under this Section if the
2practice of prostitution underlying the offense consists
3exclusively of the accused's own acts of prostitution under
4Section 11-14 of this Code.
5(Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
6    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
7    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
8    (a) Any person who engages in an act of sexual penetration
9as defined in Section 11-0.1 of this Code with a person engaged
10in prostitution who is under 18 years of age or is a person
11with a severe or profound intellectual disability commits
12patronizing a minor engaged in prostitution.
13    (a-5) Any person who engages in any touching or fondling,
14with a person engaged in prostitution who either is under 18
15years of age or is a person with a severe or profound
16intellectual disability, of the sex organs of one person by
17the other person, with the intent to achieve sexual arousal or
18gratification, commits patronizing a minor engaged in
19prostitution.
20    (b) (Blank). It is an affirmative defense to the charge of
21patronizing a minor engaged in prostitution that the accused
22reasonably believed that the person was of the age of 18 years
23or over or was not a person with a severe or profound
24intellectual disability at the time of the act giving rise to
25the charge.

 

 

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1    (c) Sentence. A person who commits patronizing a juvenile
2prostitute is guilty of a Class 3 felony, unless committed
3within 1,000 feet of real property comprising a school, in
4which case it is a Class 2 felony. A person convicted of a
5second or subsequent violation of this Section, or of any
6combination of such number of convictions under this Section
7and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
8sexual act), 11-14.3 (promoting prostitution), 11-14.4
9(promoting juvenile prostitution), 11-15 (soliciting for a
10prostitute), 11-15.1 (soliciting for a juvenile prostitute),
1111-16 (pandering), 11-17 (keeping a place of prostitution),
1211-17.1 (keeping a place of juvenile prostitution), 11-18
13(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
14pimping or aggravated juvenile pimping), or 11-19.2
15(exploitation of a child) of this Code, is guilty of a Class 2
16felony. The fact of such conviction is not an element of the
17offense and may not be disclosed to the jury during trial
18unless otherwise permitted by issues properly raised during
19such trial.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
22    Sec. 11-20.1. Child pornography.
23    (a) A person commits child pornography who:
24        (1) films, videotapes, photographs, or otherwise
25    depicts or portrays by means of any similar visual medium

 

 

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1    or reproduction or depicts by computer any child whom he
2    or she knows or reasonably should know to be under the age
3    of 18 or any person with a severe or profound intellectual
4    disability where such child or person with a severe or
5    profound intellectual disability is:
6            (i) actually or by simulation engaged in any act
7        of sexual penetration or sexual conduct with any
8        person or animal; or
9            (ii) actually or by simulation engaged in any act
10        of sexual penetration or sexual conduct involving the
11        sex organs of the child or person with a severe or
12        profound intellectual disability and the mouth, anus,
13        or sex organs of another person or animal; or which
14        involves the mouth, anus or sex organs of the child or
15        person with a severe or profound intellectual
16        disability and the sex organs of another person or
17        animal; or
18            (iii) actually or by simulation engaged in any act
19        of masturbation; or
20            (iv) actually or by simulation portrayed as being
21        the object of, or otherwise engaged in, any act of lewd
22        fondling, touching, or caressing involving another
23        person or animal; or
24            (v) actually or by simulation engaged in any act
25        of excretion or urination within a sexual context; or
26            (vi) actually or by simulation portrayed or

 

 

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

 

 

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

 

 

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1    possesses any film, videotape, photograph or other similar
2    visual reproduction or depiction by computer of any child
3    or person with a severe or profound intellectual
4    disability whom the person knows or reasonably should know
5    to be under the age of 18 or to be a person with a severe
6    or profound intellectual disability, engaged in any
7    activity described in subparagraphs (i) through (vii) of
8    paragraph (1) of this subsection; or
9        (7) solicits, or knowingly uses, persuades, induces,
10    entices, or coerces, a person to provide a child under the
11    age of 18 or a person with a severe or profound
12    intellectual disability to appear in any videotape,
13    photograph, film, stage play, live presentation, or other
14    similar visual reproduction or depiction by computer in
15    which the child or person with a severe or profound
16    intellectual disability will be depicted, actually or by
17    simulation, in any act, pose, or setting described in
18    subparagraphs (i) through (vii) of paragraph (1) of this
19    subsection.
20    (a-5) The possession of each individual film, videotape,
21photograph, or other similar visual reproduction or depiction
22by computer in violation of this Section constitutes a single
23and separate violation. This subsection (a-5) does not apply
24to multiple copies of the same film, videotape, photograph, or
25other similar visual reproduction or depiction by computer
26that are identical to each other.

 

 

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1    (b)(1) It shall be an affirmative defense to a charge of
2child pornography that the defendant reasonably believed,
3under all of the circumstances, that the child was 18 years of
4age or older or that the person was not a person with a severe
5or profound intellectual disability but only where, prior to
6the act or acts giving rise to a prosecution under this
7Section, he or she took some affirmative action or made a
8bonafide inquiry designed to ascertain whether the child was
918 years of age or older or that the person was not a person
10with a severe or profound intellectual disability and his or
11her reliance upon the information so obtained was clearly
12reasonable.
13    (1.5) Telecommunications carriers, commercial mobile
14service providers, and providers of information services,
15including, but not limited to, Internet service providers and
16hosting service providers, are not liable under this Section
17by virtue of the transmission, storage, or caching of
18electronic communications or messages of others or by virtue
19of the provision of other related telecommunications,
20commercial mobile services, or information services used by
21others in violation of this Section.
22    (2) (Blank).
23    (3) The charge of child pornography shall not apply to the
24performance of official duties by law enforcement or
25prosecuting officers or persons employed by law enforcement or
26prosecuting agencies, court personnel or attorneys, nor to

 

 

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1bonafide treatment or professional education programs
2conducted by licensed physicians, psychologists or social
3workers.
4    (4) If the defendant possessed more than one of the same
5film, videotape or visual reproduction or depiction by
6computer in which child pornography is depicted, then the
7trier of fact may infer that the defendant possessed such
8materials with the intent to disseminate them.
9    (5) The charge of child pornography does not apply to a
10person who does not voluntarily possess a film, videotape, or
11visual reproduction or depiction by computer in which child
12pornography is depicted. Possession is voluntary if the
13defendant knowingly procures or receives a film, videotape, or
14visual reproduction or depiction for a sufficient time to be
15able to terminate his or her possession.
16    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
17(7) of subsection (a) that includes a child engaged in,
18solicited for, depicted in, or posed in any act of sexual
19penetration or bound, fettered, or subject to sadistic,
20masochistic, or sadomasochistic abuse in a sexual context
21shall be deemed a crime of violence.
22    (c) If the violation does not involve a film, videotape,
23or other moving depiction, a violation of paragraph (1), (4),
24(5), (6), or (7) of subsection (a) is a Class 1 felony with a
25mandatory minimum fine of $2,000 and a maximum fine of
26$100,000. If the violation involves a film, videotape, or

 

 

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1other moving depiction, a violation of paragraph (1), (4),
2(5), (6), or (7) of subsection (a) is a Class X felony with a
3mandatory minimum fine of $2,000 and a maximum fine of
4$100,000. If the violation does not involve a film, videotape,
5or other moving depiction, a violation of paragraph (3) of
6subsection (a) is a Class 1 felony with a mandatory minimum
7fine of $1500 and a maximum fine of $100,000. If the violation
8involves a film, videotape, or other moving depiction, a
9violation of paragraph (3) of subsection (a) is a Class X
10felony with a mandatory minimum fine of $1500 and a maximum
11fine of $100,000. If the violation does not involve a film,
12videotape, or other moving depiction, a violation of paragraph
13(2) of subsection (a) is a Class 1 felony with a mandatory
14minimum fine of $1000 and a maximum fine of $100,000. If the
15violation involves a film, videotape, or other moving
16depiction, a violation of paragraph (2) of subsection (a) is a
17Class X felony with a mandatory minimum fine of $1000 and a
18maximum fine of $100,000. If the violation does not involve a
19film, videotape, or other moving depiction, a violation of
20paragraph (6) of subsection (a) is a Class 3 felony with a
21mandatory minimum fine of $1000 and a maximum fine of
22$100,000. If the violation involves a film, videotape, or
23other moving depiction, a violation of paragraph (6) of
24subsection (a) is a Class 2 felony with a mandatory minimum
25fine of $1000 and a maximum fine of $100,000.
26    (c-5) Where the child depicted is under the age of 13, a

 

 

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

 

 

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1criminal sexual assault, predatory criminal sexual assault of
2a child, or any of the offenses formerly known as rape, deviate
3sexual assault, indecent liberties with a child, or aggravated
4indecent liberties with a child where the victim was under the
5age of 18 years or an offense that is substantially equivalent
6to those offenses, is guilty of a Class X 1 felony with a
7mandatory minimum fine of $2,000 $1,000 and a maximum fine of
8$100,000. The issue of whether the child depicted is under the
9age of 13 is an element of the offense to be resolved by the
10trier of fact.
11    (d) If a person is convicted of a second or subsequent
12violation of this Section within 10 years of a prior
13conviction, the court shall order a presentence psychiatric
14examination of the person. The examiner shall report to the
15court whether treatment of the person is necessary.
16    (e) Any film, videotape, photograph or other similar
17visual reproduction or depiction by computer which includes a
18child under the age of 18 or a person with a severe or profound
19intellectual disability engaged in any activity described in
20subparagraphs (i) through (vii) or paragraph 1 of subsection
21(a), and any material or equipment used or intended for use in
22photographing, filming, printing, producing, reproducing,
23manufacturing, projecting, exhibiting, depiction by computer,
24or disseminating such material shall be seized and forfeited
25in the manner, method and procedure provided by Section 36-1
26of this Code for the seizure and forfeiture of vessels,

 

 

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1vehicles and aircraft.
2    In addition, any person convicted under this Section is
3subject to the property forfeiture provisions set forth in
4Article 124B of the Code of Criminal Procedure of 1963.
5    (e-5) Upon the conclusion of a case brought under this
6Section, the court shall seal all evidence depicting a victim
7or witness that is sexually explicit. The evidence may be
8unsealed and viewed, on a motion of the party seeking to unseal
9and view the evidence, only for good cause shown and in the
10discretion of the court. The motion must expressly set forth
11the purpose for viewing the material. The State's attorney and
12the victim, if possible, shall be provided reasonable notice
13of the hearing on the motion to unseal the evidence. Any person
14entitled to notice of a hearing under this subsection (e-5)
15may object to the motion.
16    (f) Definitions. For the purposes of this Section:
17        (1) "Disseminate" means (i) to sell, distribute,
18    exchange or transfer possession, whether with or without
19    consideration or (ii) to make a depiction by computer
20    available for distribution or downloading through the
21    facilities of any telecommunications network or through
22    any other means of transferring computer programs or data
23    to a computer.
24        (2) "Produce" means to direct, promote, advertise,
25    publish, manufacture, issue, present or show.
26        (3) "Reproduce" means to make a duplication or copy.

 

 

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1        (4) "Depict by computer" means to generate or create,
2    or cause to be created or generated, a computer program or
3    data that, after being processed by a computer either
4    alone or in conjunction with one or more computer
5    programs, results in a visual depiction on a computer
6    monitor, screen, or display.
7        (5) "Depiction by computer" means a computer program
8    or data that, after being processed by a computer either
9    alone or in conjunction with one or more computer
10    programs, results in a visual depiction on a computer
11    monitor, screen, or display.
12        (6) "Computer", "computer program", and "data" have
13    the meanings ascribed to them in Section 17.05 of this
14    Code.
15        (7) For the purposes of this Section, "child
16    pornography" includes a film, videotape, photograph, or
17    other similar visual medium or reproduction or depiction
18    by computer that is, or appears to be, that of a person,
19    either in part, or in total, under the age of 18 or a
20    person with a severe or profound intellectual disability,
21    regardless of the method by which the film, videotape,
22    photograph, or other similar visual medium or reproduction
23    or depiction by computer is created, adopted, or modified
24    to appear as such. "Child pornography" also includes a
25    film, videotape, photograph, or other similar visual
26    medium or reproduction or depiction by computer that is

 

 

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1    advertised, promoted, presented, described, or distributed
2    in such a manner that conveys the impression that the
3    film, videotape, photograph, or other similar visual
4    medium or reproduction or depiction by computer is of a
5    person under the age of 18 or a person with a severe or
6    profound intellectual disability.
7    (g) Re-enactment; findings; purposes.
8        (1) The General Assembly finds and declares that:
9            (i) Section 50-5 of Public Act 88-680, effective
10        January 1, 1995, contained provisions amending the
11        child pornography statute, Section 11-20.1 of the
12        Criminal Code of 1961. Section 50-5 also contained
13        other provisions.
14            (ii) In addition, Public Act 88-680 was entitled
15        "AN ACT to create a Safe Neighborhoods Law". (A)
16        Article 5 was entitled JUVENILE JUSTICE and amended
17        the Juvenile Court Act of 1987. (B) Article 15 was
18        entitled GANGS and amended various provisions of the
19        Criminal Code of 1961 and the Unified Code of
20        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
21        and amended various provisions of the Illinois Vehicle
22        Code. (D) Article 25 was entitled DRUG ABUSE and
23        amended the Cannabis Control Act and the Illinois
24        Controlled Substances Act. (E) Article 30 was entitled
25        FIREARMS and amended the Criminal Code of 1961 and the
26        Code of Criminal Procedure of 1963. (F) Article 35

 

 

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1        amended the Criminal Code of 1961, the Rights of Crime
2        Victims and Witnesses Act, and the Unified Code of
3        Corrections. (G) Article 40 amended the Criminal Code
4        of 1961 to increase the penalty for compelling
5        organization membership of persons. (H) Article 45
6        created the Secure Residential Youth Care Facility
7        Licensing Act and amended the State Finance Act, the
8        Juvenile Court Act of 1987, the Unified Code of
9        Corrections, and the Private Correctional Facility
10        Moratorium Act. (I) Article 50 amended the WIC Vendor
11        Management Act, the Firearm Owners Identification Card
12        Act, the Juvenile Court Act of 1987, the Criminal Code
13        of 1961, the Wrongs to Children Act, and the Unified
14        Code of Corrections.
15            (iii) On September 22, 1998, the Third District
16        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
17        ruled that Public Act 88-680 violates the single
18        subject clause of the Illinois Constitution (Article
19        IV, Section 8 (d)) and was unconstitutional in its
20        entirety. As of the time this amendatory Act of 1999
21        was prepared, People v. Dainty was still subject to
22        appeal.
23            (iv) Child pornography is a vital concern to the
24        people of this State and the validity of future
25        prosecutions under the child pornography statute of
26        the Criminal Code of 1961 is in grave doubt.

 

 

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1        (2) It is the purpose of this amendatory Act of 1999 to
2    prevent or minimize any problems relating to prosecutions
3    for child pornography that may result from challenges to
4    the constitutional validity of Public Act 88-680 by
5    re-enacting the Section relating to child pornography that
6    was included in Public Act 88-680.
7        (3) This amendatory Act of 1999 re-enacts Section
8    11-20.1 of the Criminal Code of 1961, as it has been
9    amended. This re-enactment is intended to remove any
10    question as to the validity or content of that Section; it
11    is not intended to supersede any other Public Act that
12    amends the text of the Section as set forth in this
13    amendatory Act of 1999. The material is shown as existing
14    text (i.e., without underscoring) because, as of the time
15    this amendatory Act of 1999 was prepared, People v. Dainty
16    was subject to appeal to the Illinois Supreme Court.
17        (4) The re-enactment by this amendatory Act of 1999 of
18    Section 11-20.1 of the Criminal Code of 1961 relating to
19    child pornography that was amended by Public Act 88-680 is
20    not intended, and shall not be construed, to imply that
21    Public Act 88-680 is invalid or to limit or impair any
22    legal argument concerning whether those provisions were
23    substantially re-enacted by other Public Acts.
24(Source: P.A. 101-87, eff. 1-1-20.)
 
25    (720 ILCS 5/11-25)

 

 

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1    Sec. 11-25. Grooming.
2    (a) A person commits grooming when he or she knowingly
3uses a computer on-line service, Internet service, local
4bulletin board service, or any other device capable of
5electronic data storage or transmission to seduce, solicit,
6lure, or entice, or attempt to seduce, solicit, lure, or
7entice, a child, a child's guardian, or another person
8believed by the person to be a child or a child's guardian, to
9commit any sex offense as defined in Section 2 of the Sex
10Offender Registration Act, to distribute photographs depicting
11the sex organs of the child, or to otherwise engage in any
12unlawful sexual conduct with a child or with another person
13believed by the person to be a child. As used in this Section,
14"child" means a person under 17 years of age.
15    (a-5) It is not a defense to a violation of this Section
16that the accused reasonably believed the child to be 17 years
17of age or over.
18    (b) Sentence. Grooming is a Class 4 felony.
19(Source: P.A. 100-428, eff. 1-1-18.)
 
20    (720 ILCS 5/11-27 new)
21    Sec. 11-27. Selling travel services to facilitate sexual
22exploitation of a child.
23    (a) In this Section, "child" means a person under 17 years
24of age.
25    (b) A person commits selling travel services to facilitate

 

 

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1sexual exploitation of a child when he or she knowingly sells
2or offers to sell travel services for the purpose of seducing,
3soliciting, luring, or enticing, or attempting to seduce,
4solicit, lure, or entice a person to travel to a location
5within this State to commit any sex offense as defined in
6Section 2 of the Sex Offender Registration Act, to distribute
7photographs depicting the sex organs of the child, or to
8otherwise engage in any unlawful sexual conduct with a child
9or with another person believed by the person to be a child.
10    (c) Sentence. Selling travel services to facilitate sexual
11exploitation of a child is a Class 4 felony.
 
12    Section 25. The Code of Criminal Procedure of 1963 is
13amended by changing Section 116-2.1 as follows:
 
14    (725 ILCS 5/116-2.1)
15    Sec. 116-2.1. Motion to vacate prostitution convictions
16for sex trafficking victims.
17    (a) A motion under this Section may be filed at any time
18following the entry of a verdict or finding of guilty or an
19adjudication of delinquency under the Juvenile Court Act of
201987 where the conviction was under Section 11-14
21(prostitution) or Section 11-14.2 (first offender; felony
22prostitution) of the Criminal Code of 1961 or the Criminal
23Code of 2012 or a similar local ordinance and the defendant's
24participation in the offense was a result of having been a

 

 

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1trafficking victim under Section 10-9 (involuntary servitude,
2involuntary sexual servitude of a minor, or trafficking in
3persons) of the Criminal Code of 1961 or the Criminal Code of
42012; or a victim of a severe form of trafficking under the
5federal Trafficking Victims Protection Act (22 U.S.C. Section
67102(13)); provided that:
7        (1) a motion under this Section shall state why the
8    facts giving rise to this motion were not presented to the
9    trial court, and shall be made with due diligence, after
10    the defendant has ceased to be a victim of such
11    trafficking or has sought services for victims of such
12    trafficking, subject to reasonable concerns for the safety
13    of the defendant, family members of the defendant, or
14    other victims of such trafficking that may be jeopardized
15    by the bringing of such motion, or for other reasons
16    consistent with the purpose of this Section; and
17        (2) reasonable notice of the motion shall be served
18    upon the State.
19    (b) The court may grant the motion if, in the discretion of
20the court, the violation was a result of the defendant having
21been a victim of human trafficking. Evidence of such may
22include, but is not limited to:
23        (1) certified records of federal or State court
24    proceedings which demonstrate that the defendant was a
25    victim of a trafficker charged with a trafficking offense
26    under Section 10-9 of the Criminal Code of 1961 or the

 

 

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1    Criminal Code of 2012, or under 22 U.S.C. Chapter 78;
2        (2) certified records of "approval notices" or "law
3    enforcement certifications" generated from federal
4    immigration proceedings available to such victims; or
5        (3) a sworn statement from a trained professional
6    staff of a victim services organization, an attorney, a
7    member of the clergy, or a medical or other professional
8    from whom the defendant has sought assistance in
9    addressing the trauma associated with being trafficked.
10    Alternatively, the court may consider such other evidence
11as it deems of sufficient credibility and probative value in
12determining whether the defendant is a trafficking victim or
13victim of a severe form of trafficking.
14    (c) If the court grants a motion under this Section, it
15must vacate the conviction and may take such additional action
16as is appropriate in the circumstances.
17(Source: P.A. 97-267, eff. 1-1-12; 97-897, eff. 1-1-13;
1897-1150, eff. 1-25-13.)
 
19    Section 30. The Sex Offender Registration Act is amended
20by changing Section 2 as follows:
 
21    (730 ILCS 150/2)  (from Ch. 38, par. 222)
22    Sec. 2. Definitions.
23    (A) As used in this Article, "sex offender" means any
24person who is:

 

 

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

 

 

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

 

 

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

 

 

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1            11-18.1 (patronizing a juvenile prostitute),
2            11-17.1 (keeping a place of juvenile
3        prostitution),
4            11-19.1 (juvenile pimping),
5            11-19.2 (exploitation of a child),
6            11-25 (grooming),
7            11-26 (traveling to meet a minor or traveling to
8        meet a child),
9            11-1.20 or 12-13 (criminal sexual assault),
10            11-1.30 or 12-14 (aggravated criminal sexual
11        assault),
12            11-1.40 or 12-14.1 (predatory criminal sexual
13        assault of a child),
14            11-1.50 or 12-15 (criminal sexual abuse),
15            11-1.60 or 12-16 (aggravated criminal sexual
16        abuse),
17            12-33 (ritualized abuse of a child).
18            An attempt to commit any of these offenses.
19        (1.5) A violation of any of the following Sections of
20    the Criminal Code of 1961 or the Criminal Code of 2012,
21    when the victim is a person under 18 years of age, the
22    defendant is not a parent of the victim, the offense was
23    sexually motivated as defined in Section 10 of the Sex
24    Offender Evaluation and Treatment Act, and the offense was
25    committed on or after January 1, 1996:
26            10-1 (kidnapping),

 

 

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

 

 

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

 

 

SB2220- 67 -LRB102 11588 KMF 16922 b

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

 

 

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

 

 

SB2220- 69 -LRB102 11588 KMF 16922 b

1Article. This subsection (C-5) applies to a person who
2committed the offense before June 1, 1996 if: (i) the person is
3incarcerated in an Illinois Department of Corrections facility
4on August 20, 2004 (the effective date of Public Act 93-977),
5or (ii) subparagraph (i) does not apply and the person is
6convicted of any felony after July 1, 2011, and paragraph
7(2.1) of subsection (c) of Section 3 of this Act applies.
8    (C-6) A person who is convicted or adjudicated delinquent
9of first degree murder as defined in Section 9-1 of the
10Criminal Code of 1961 or the Criminal Code of 2012, against a
11person 18 years of age or over, shall be required to register
12for his or her natural life. A conviction for an offense of
13federal, Uniform Code of Military Justice, sister state, or
14foreign country law that is substantially equivalent to any
15offense listed in subsection (C-6) of this Section shall
16constitute a conviction for the purpose of this Article. This
17subsection (C-6) does not apply to those individuals released
18from incarceration more than 10 years prior to January 1, 2012
19(the effective date of Public Act 97-154).
20    (D) As used in this Article, "law enforcement agency
21having jurisdiction" means the Chief of Police in each of the
22municipalities in which the sex offender expects to reside,
23work, or attend school (1) upon his or her discharge, parole or
24release or (2) during the service of his or her sentence of
25probation or conditional discharge, or the Sheriff of the
26county, in the event no Police Chief exists or if the offender

 

 

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

 

 

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1            11-20.1 (child pornography),
2            11-20.1B or 11-20.3 (aggravated child
3        pornography),
4            11-1.20 or 12-13 (criminal sexual assault),
5            11-1.30 or 12-14 (aggravated criminal sexual
6        assault),
7            11-1.40 or 12-14.1 (predatory criminal sexual
8        assault of a child),
9            11-1.60 or 12-16 (aggravated criminal sexual
10        abuse),
11            12-33 (ritualized abuse of a child);
12        (2) (blank);
13        (3) declared as a sexually dangerous person pursuant
14    to the Sexually Dangerous Persons Act or any substantially
15    similar federal, Uniform Code of Military Justice, sister
16    state, or foreign country law;
17        (4) found to be a sexually violent person pursuant to
18    the Sexually Violent Persons Commitment Act or any
19    substantially similar federal, Uniform Code of Military
20    Justice, sister state, or foreign country law;
21        (5) convicted of a second or subsequent offense which
22    requires registration pursuant to this Act. For purposes
23    of this paragraph (5), "convicted" shall include a
24    conviction under any substantially similar Illinois,
25    federal, Uniform Code of Military Justice, sister state,
26    or foreign country law;

 

 

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1        (6) (blank); or
2        (7) if the person was convicted of an offense set
3    forth in this subsection (E) on or before July 1, 1999, the
4    person is a sexual predator for whom registration is
5    required only when the person is convicted of a felony
6    offense after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8    (E-5) As used in this Article, "sexual predator" also
9means a person convicted of a violation or attempted violation
10of any of the following Sections of the Criminal Code of 1961
11or the Criminal Code of 2012:
12        (1) Section 9-1 (first degree murder, when the victim
13    was a person under 18 years of age and the defendant was at
14    least 17 years of age at the time of the commission of the
15    offense, provided the offense was sexually motivated as
16    defined in Section 10 of the Sex Offender Management Board
17    Act);
18        (2) Section 11-9.5 (sexual misconduct with a person
19    with a disability);
20        (3) when the victim is a person under 18 years of age,
21    the defendant is not a parent of the victim, the offense
22    was sexually motivated as defined in Section 10 of the Sex
23    Offender Management Board Act, and the offense was
24    committed on or after January 1, 1996: (A) Section 10-1
25    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
26    (C) Section 10-3 (unlawful restraint), and (D) Section

 

 

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

 

 

SB2220- 74 -LRB102 11588 KMF 16922 b

1period of time of 10 or more days or for an aggregate period of
2time of 30 or more days during any calendar year. Persons who
3operate motor vehicles in the State accrue one day of
4employment time for any portion of a day spent in Illinois.
5    (H) As used in this Article, "school" means any public or
6private educational institution, including, but not limited
7to, any elementary or secondary school, trade or professional
8institution, or institution of higher education.
9    (I) As used in this Article, "fixed residence" means any
10and all places that a sex offender resides for an aggregate
11period of time of 5 or more days in a calendar year.
12    (J) As used in this Article, "Internet protocol address"
13means the string of numbers by which a location on the Internet
14is identified by routers or other computers connected to the
15Internet.
16(Source: P.A. 100-428, eff. 1-1-18.)
 
17    Section 35. The Crime Victims Compensation Act is amended
18by changing Section 6.1 as follows:
 
19    (740 ILCS 45/6.1)  (from Ch. 70, par. 76.1)
20    Sec. 6.1. Right to compensation. A person is entitled to
21compensation under this Act if:
22        (a) Within 2 years of the occurrence of the crime, or
23    within one year after a criminal charge of a person for an
24    offense, upon which the claim is based, he files an

 

 

SB2220- 75 -LRB102 11588 KMF 16922 b

1    application, under oath, with the Court of Claims and on a
2    form prescribed in accordance with Section 7.1 furnished
3    by the Attorney General. If the person entitled to
4    compensation is under 18 years of age or under other legal
5    disability at the time of the occurrence or is determined
6    by a court to be under a legal disability as a result of
7    the occurrence, he may file the application required by
8    this subsection within 2 years after he attains the age of
9    18 years or the disability is removed, as the case may be.
10    Legal disability includes a diagnosis of posttraumatic
11    stress disorder.
12        (b) For all crimes of violence, except those listed in
13    subsection (b-1) of this Section, the appropriate law
14    enforcement officials were notified within 72 hours of the
15    perpetration of the crime allegedly causing the death or
16    injury to the victim or, in the event such notification
17    was made more than 72 hours after the perpetration of the
18    crime, the applicant establishes that such notice was
19    timely under the circumstances.
20        (b-1) For victims of offenses defined in Sections
21    10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13,
22    12-14, 12-14.1, 12-15, and 12-16 of the Criminal Code of
23    1961 or the Criminal Code of 2012, the appropriate law
24    enforcement officials were notified within 7 days of the
25    perpetration of the crime allegedly causing death or
26    injury to the victim or, in the event that the

 

 

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1    notification was made more than 7 days after the
2    perpetration of the crime, the applicant establishes that
3    the notice was timely under the circumstances. If the
4    applicant or victim has obtained an order of protection, a
5    civil no contact order, or a stalking no contact order,
6    has presented himself or herself to a hospital for sexual
7    assault evidence collection and medical care, or is
8    engaged in a legal proceeding involving a claim that the
9    applicant or victim is a victim of human trafficking, such
10    action shall constitute appropriate notification under
11    this subsection (b-1) or subsection (b) of this Section.
12        (c) The applicant has cooperated with law enforcement
13    officials in the apprehension and prosecution of the
14    assailant. If the applicant or victim has obtained an
15    order of protection, a civil no contact order, or a
16    stalking no contact order, has presented himself or
17    herself to a hospital for sexual assault evidence
18    collection and medical care, or is engaged in a legal
19    proceeding involving a claim that the applicant or victim
20    is a victim of human trafficking, such action shall
21    constitute cooperation under this subsection (c). If the
22    victim is under 18 years of age at the time of the
23    commission of the offense, the following shall constitute
24    cooperation under this subsection (c):
25            (1) the applicant or the victim files a police
26        report with a law enforcement agency;

 

 

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1            (2) a mandated reporter reports the crime to law
2        enforcement; or
3            (3) a person with firsthand knowledge of the crime
4        reports the crime to law enforcement.
5        (d) The applicant is not the offender or an accomplice
6    of the offender and the award would not unjustly benefit
7    the offender or his accomplice.
8        (e) The injury to or death of the victim was not
9    substantially attributable to his own wrongful act and was
10    not substantially provoked by the victim.
11        (f) For victims of offenses defined in Section 10-9 of
12    the Criminal Code of 2012, the victim submits a statement
13    under oath on a form prescribed by the Attorney General
14    attesting that the removed tattoo was applied in
15    connection with the commission of the offense.
16        (g) Notwithstanding any other provision of this Act to
17    the contrary, a trafficking victim as defined in Section
18    10-9 of the Criminal Code of 2012 who is under 18 years of
19    age is not subject to the filing requirements of this Act
20    and is not subject to the eligibility requirements of this
21    Act.
22(Source: P.A. 99-143, eff. 7-27-15; 100-575, eff. 1-8-18;
23100-1037, eff. 1-1-19.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.

 

 

SB2220- 79 -LRB102 11588 KMF 16922 b

1 INDEX
2 Statutes amended in order of appearance
3    50 ILCS 705/7from Ch. 85, par. 507
4    325 ILCS 5/3from Ch. 23, par. 2053
5    705 ILCS 405/5-301
6    705 ILCS 405/5-915
7    720 ILCS 5/10-9
8    720 ILCS 5/11-14.1
9    720 ILCS 5/11-18.1from Ch. 38, par. 11-18.1
10    720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
11    720 ILCS 5/11-25
12    720 ILCS 5/11-27 new
13    725 ILCS 5/116-2.1
14    730 ILCS 150/2from Ch. 38, par. 222
15    740 ILCS 45/6.1from Ch. 70, par. 76.1