Public Act 096-1464
 
HB6462 EnrolledLRB096 21099 RLC 36950 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Abused and Neglected Child Reporting Act is
amended by changing Section 3 as follows:
 
    (325 ILCS 5/3)  (from Ch. 23, par. 2053)
    Sec. 3. As used in this Act unless the context otherwise
requires:
    "Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
    "Department" means Department of Children and Family
Services.
    "Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
    "Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
        (a) inflicts, causes to be inflicted, or allows to be
    inflicted upon such child physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (b) creates a substantial risk of physical injury to
    such child by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    physical or emotional health, or loss or impairment of any
    bodily function;
        (c) commits or allows to be committed any sex offense
    against such child, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, or in the Wrongs to
    Children Act, and extending those definitions of sex
    offenses to include children under 18 years of age;
        (d) commits or allows to be committed an act or acts of
    torture upon such child;
        (e) inflicts excessive corporal punishment;
        (f) commits or allows to be committed the offense of
    female genital mutilation, as defined in Section 12-34 of
    the Criminal Code of 1961, against the child; or
        (g) causes to be sold, transferred, distributed, or
    given to such child under 18 years of age, a controlled
    substance as defined in Section 102 of the Illinois
    Controlled Substances Act in violation of Article IV of the
    Illinois Controlled Substances Act or in violation of the
    Methamphetamine Control and Community Protection Act,
    except for controlled substances that are prescribed in
    accordance with Article III of the Illinois Controlled
    Substances Act and are dispensed to such child in a manner
    that substantially complies with the prescription.
        (h) commits or allows to be committed the offense of
    involuntary servitude, involuntary sexual servitude of a
    minor, or trafficking in persons for forced labor or
    services as defined in Section 10-9 of the Criminal Code of
    1961 against the child.
    A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    "Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is abandoned by his or her parents or other person
responsible for the child's welfare without a proper plan of
care; or who has been provided with interim crisis intervention
services under Section 3-5 of the Juvenile Court Act of 1987
and whose parent, guardian, or custodian refuses to permit the
child to return home and no other living arrangement agreeable
to the parent, guardian, or custodian can be made, and the
parent, guardian, or custodian has not made any other
appropriate living arrangement for the child; or who is a
newborn infant whose blood, urine, or meconium contains any
amount of a controlled substance as defined in subsection (f)
of Section 102 of the Illinois Controlled Substances Act or a
metabolite thereof, with the exception of a controlled
substance or metabolite thereof whose presence in the newborn
infant is the result of medical treatment administered to the
mother or the newborn infant. A child shall not be considered
neglected for the sole reason that the child's parent or other
person responsible for his or her welfare has left the child in
the care of an adult relative for any period of time. A child
shall not be considered neglected for the sole reason that the
child has been relinquished in accordance with the Abandoned
Newborn Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided under
Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of The
School Code, as amended.
    "Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
    "Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, or any person who came to know the
child through an official capacity or position of trust,
including but not limited to health care professionals,
educational personnel, recreational supervisors, members of
the clergy, and volunteers or support personnel in any setting
where children may be subject to abuse or neglect.
    "Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
    "An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
    "An indicated report" means a report made under this Act if
an investigation determines that credible evidence of the
alleged abuse or neglect exists.
    "An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
    "Subject of report" means any child reported to the central
register of child abuse and neglect established under Section
7.7 of this Act and his or her parent, guardian or other person
responsible who is also named in the report.
    "Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
    "Member of the clergy" means a clergyman or practitioner of
any religious denomination accredited by the religious body to
which he or she belongs.
(Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.)
 
    Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 2-3 and 2-18 as follows:
 
    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
    Sec. 2-3. Neglected or abused minor.
    (1) Those who are neglected include:
        (a) any minor under 18 years of age who is not
    receiving the proper or necessary support, education as
    required by law, or medical or other remedial care
    recognized under State law as necessary for a minor's
    well-being, or other care necessary for his or her
    well-being, including adequate food, clothing and shelter,
    or who is abandoned by his or her parent or parents or
    other person or persons responsible for the minor's
    welfare, except that a minor shall not be considered
    neglected for the sole reason that the minor's parent or
    parents or other person or persons responsible for the
    minor's welfare have left the minor in the care of an adult
    relative for any period of time, who the parent or parents
    or other person responsible for the minor's welfare know is
    both a mentally capable adult relative and physically
    capable adult relative, as defined by this Act; or
        (b) any minor under 18 years of age whose environment
    is injurious to his or her welfare; or
        (c) any newborn infant whose blood, urine, or meconium
    contains any amount of a controlled substance as defined in
    subsection (f) of Section 102 of the Illinois Controlled
    Substances Act, as now or hereafter amended, or a
    metabolite of a controlled substance, with the exception of
    controlled substances or metabolites of such substances,
    the presence of which in the newborn infant is the result
    of medical treatment administered to the mother or the
    newborn infant; or
        (d) any minor under the age of 14 years whose parent or
    other person responsible for the minor's welfare leaves the
    minor without supervision for an unreasonable period of
    time without regard for the mental or physical health,
    safety, or welfare of that minor; or
        (e) any minor who has been provided with interim crisis
    intervention services under Section 3-5 of this Act and
    whose parent, guardian, or custodian refuses to permit the
    minor to return home unless the minor is an immediate
    physical danger to himself, herself, or others living in
    the home.
    Whether the minor was left without regard for the mental or
physical health, safety, or welfare of that minor or the period
of time was unreasonable shall be determined by considering the
following factors, including but not limited to:
        (1) the age of the minor;
        (2) the number of minors left at the location;
        (3) special needs of the minor, including whether the
    minor is physically or mentally handicapped, or otherwise
    in need of ongoing prescribed medical treatment such as
    periodic doses of insulin or other medications;
        (4) the duration of time in which the minor was left
    without supervision;
        (5) the condition and location of the place where the
    minor was left without supervision;
        (6) the time of day or night when the minor was left
    without supervision;
        (7) the weather conditions, including whether the
    minor was left in a location with adequate protection from
    the natural elements such as adequate heat or light;
        (8) the location of the parent or guardian at the time
    the minor was left without supervision, the physical
    distance the minor was from the parent or guardian at the
    time the minor was without supervision;
        (9) whether the minor's movement was restricted, or the
    minor was otherwise locked within a room or other
    structure;
        (10) whether the minor was given a phone number of a
    person or location to call in the event of an emergency and
    whether the minor was capable of making an emergency call;
        (11) whether there was food and other provision left
    for the minor;
        (12) whether any of the conduct is attributable to
    economic hardship or illness and the parent, guardian or
    other person having physical custody or control of the
    child made a good faith effort to provide for the health
    and safety of the minor;
        (13) the age and physical and mental capabilities of
    the person or persons who provided supervision for the
    minor;
        (14) whether the minor was left under the supervision
    of another person;
        (15) any other factor that would endanger the health
    and safety of that particular minor.
    A minor shall not be considered neglected for the sole
reason that the minor has been relinquished in accordance with
the Abandoned Newborn Infant Protection Act.
    (2) Those who are abused include any minor under 18 years
of age whose parent or immediate family member, or any person
responsible for the minor's welfare, or any person who is in
the same family or household as the minor, or any individual
residing in the same home as the minor, or a paramour of the
minor's parent:
        (i) inflicts, causes to be inflicted, or allows to be
    inflicted upon such minor physical injury, by other than
    accidental means, which causes death, disfigurement,
    impairment of physical or emotional health, or loss or
    impairment of any bodily function;
        (ii) creates a substantial risk of physical injury to
    such minor by other than accidental means which would be
    likely to cause death, disfigurement, impairment of
    emotional health, or loss or impairment of any bodily
    function;
        (iii) commits or allows to be committed any sex offense
    against such minor, as such sex offenses are defined in the
    Criminal Code of 1961, as amended, or in the Wrongs to
    Children Act, and extending those definitions of sex
    offenses to include minors under 18 years of age;
        (iv) commits or allows to be committed an act or acts
    of torture upon such minor; or
        (v) inflicts excessive corporal punishment; .
        (vi) commits or allows to be committed the offense of
    involuntary servitude, involuntary sexual servitude of a
    minor, or trafficking in persons for forced labor or
    services defined in Section 10-9 of the Criminal Code of
    1961, upon such minor; or
        (vii) allows, encourages or requires a minor to commit
    any act of prostitution, as defined in the Criminal Code of
    1961, and extending those definitions to include minors
    under 18 years of age.
    A minor shall not be considered abused for the sole reason
that the minor has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
    (3) This Section does not apply to a minor who would be
included herein solely for the purpose of qualifying for
financial assistance for himself, his parents, guardian or
custodian.
(Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09.)
 
    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
    Sec. 2-18. Evidence.
    (1) At the adjudicatory hearing, the court shall first
consider only the question whether the minor is abused,
neglected or dependent. The standard of proof and the rules of
evidence in the nature of civil proceedings in this State are
applicable to proceedings under this Article. If the petition
also seeks the appointment of a guardian of the person with
power to consent to adoption of the minor under Section 2-29,
the court may also consider legally admissible evidence at the
adjudicatory hearing that one or more grounds of unfitness
exists under subdivision D of Section 1 of the Adoption Act.
    (2) In any hearing under this Act, the following shall
constitute prima facie evidence of abuse or neglect, as the
case may be:
        (a) proof that a minor has a medical diagnosis of
    battered child syndrome is prima facie evidence of abuse;
        (b) proof that a minor has a medical diagnosis of
    failure to thrive syndrome is prima facie evidence of
    neglect;
        (c) proof that a minor has a medical diagnosis of fetal
    alcohol syndrome is prima facie evidence of neglect;
        (d) proof that a minor has a medical diagnosis at birth
    of withdrawal symptoms from narcotics or barbiturates is
    prima facie evidence of neglect;
        (e) proof of injuries sustained by a minor or of the
    condition of a minor of such a nature as would ordinarily
    not be sustained or exist except by reason of the acts or
    omissions of the parent, custodian or guardian of such
    minor shall be prima facie evidence of abuse or neglect, as
    the case may be;
        (f) proof that a parent, custodian or guardian of a
    minor repeatedly used a drug, to the extent that it has or
    would ordinarily have the effect of producing in the user a
    substantial state of stupor, unconsciousness,
    intoxication, hallucination, disorientation or
    incompetence, or a substantial impairment of judgment, or a
    substantial manifestation of irrationality, shall be prima
    facie evidence of neglect;
        (g) proof that a parent, custodian, or guardian of a
    minor repeatedly used a controlled substance, as defined in
    subsection (f) of Section 102 of the Illinois Controlled
    Substances Act, in the presence of the minor or a sibling
    of the minor is prima facie evidence of neglect. "Repeated
    use", for the purpose of this subsection, means more than
    one use of a controlled substance as defined in subsection
    (f) of Section 102 of the Illinois Controlled Substances
    Act;
        (h) proof that a newborn infant's blood, urine, or
    meconium contains any amount of a controlled substance as
    defined in subsection (f) of Section 102 of the Illinois
    Controlled Substances Act, or a metabolite of a controlled
    substance, with the exception of controlled substances or
    metabolites of those substances, the presence of which is
    the result of medical treatment administered to the mother
    or the newborn, is prime facie evidence of neglect;
        (i) proof that a minor was present in a structure or
    vehicle in which the minor's parent, custodian, or guardian
    was involved in the manufacture of methamphetamine
    constitutes prima facie evidence of abuse and neglect; .
        (j) proof that a parent, custodian, or guardian of a
    minor allows, encourages, or requires a minor to perform,
    offer, or agree to perform any act of sexual penetration as
    defined in Section 12-12 of the Criminal Code of 1961 for
    any money, property, token, object, or article or anything
    of value, or any touching or fondling of the sex organs of
    one person by another person, for any money, property,
    token, object, or article or anything of value, for the
    purpose of sexual arousal or gratification, constitutes
    prima facie evidence of abuse and neglect;
        (k) proof that a parent, custodian, or guardian of a
    minor commits or allows to be committed the offense of
    involuntary servitude, involuntary sexual servitude of a
    minor, or trafficking in persons for forced labor or
    services defined in Section 10-9 of the Criminal Code of
    1961, upon such minor, constitutes prima facie evidence of
    abuse and neglect.
    (3) In any hearing under this Act, proof of the abuse,
neglect or dependency of one minor shall be admissible evidence
on the issue of the abuse, neglect or dependency of any other
minor for whom the respondent is responsible.
    (4) (a) Any writing, record, photograph or x-ray of any
hospital or public or private agency, whether in the form of an
entry in a book or otherwise, made as a memorandum or record of
any condition, act, transaction, occurrence or event relating
to a minor in an abuse, neglect or dependency proceeding, shall
be admissible in evidence as proof of that condition, act,
transaction, occurrence or event, if the court finds that the
document was made in the regular course of the business of the
hospital or agency and that it was in the regular course of
such business to make it, at the time of the act, transaction,
occurrence or event, or within a reasonable time thereafter. A
certification by the head or responsible employee of the
hospital or agency that the writing, record, photograph or
x-ray is the full and complete record of the condition, act,
transaction, occurrence or event and that it satisfies the
conditions of this paragraph shall be prima facie evidence of
the facts contained in such certification. A certification by
someone other than the head of the hospital or agency shall be
accompanied by a photocopy of a delegation of authority signed
by both the head of the hospital or agency and by such other
employee. All other circumstances of the making of the
memorandum, record, photograph or x-ray, including lack of
personal knowledge of the maker, may be proved to affect the
weight to be accorded such evidence, but shall not affect its
admissibility.
    (b) Any indicated report filed pursuant to the Abused and
Neglected Child Reporting Act shall be admissible in evidence.
    (c) Previous statements made by the minor relating to any
allegations of abuse or neglect shall be admissible in
evidence. However, no such statement, if uncorroborated and not
subject to cross-examination, shall be sufficient in itself to
support a finding of abuse or neglect.
    (d) There shall be a rebuttable presumption that a minor is
competent to testify in abuse or neglect proceedings. The court
shall determine how much weight to give to the minor's
testimony, and may allow the minor to testify in chambers with
only the court, the court reporter and attorneys for the
parties present.
    (e) The privileged character of communication between any
professional person and patient or client, except privilege
between attorney and client, shall not apply to proceedings
subject to this Article.
    (f) Proof of the impairment of emotional health or
impairment of mental or emotional condition as a result of the
failure of the respondent to exercise a minimum degree of care
toward a minor may include competent opinion or expert
testimony, and may include proof that such impairment lessened
during a period when the minor was in the care, custody or
supervision of a person or agency other than the respondent.
    (5) In any hearing under this Act alleging neglect for
failure to provide education as required by law under
subsection (1) of Section 2-3, proof that a minor under 13
years of age who is subject to compulsory school attendance
under the School Code is a chronic truant as defined under the
School Code shall be prima facie evidence of neglect by the
parent or guardian in any hearing under this Act and proof that
a minor who is 13 years of age or older who is subject to
compulsory school attendance under the School Code is a chronic
truant shall raise a rebuttable presumption of neglect by the
parent or guardian. This subsection (5) shall not apply in
counties with 2,000,000 or more inhabitants.
    (6) In any hearing under this Act, the court may take
judicial notice of prior sworn testimony or evidence admitted
in prior proceedings involving the same minor if (a) the
parties were either represented by counsel at such prior
proceedings or the right to counsel was knowingly waived and
(b) the taking of judicial notice would not result in admitting
hearsay evidence at a hearing where it would otherwise be
prohibited.
(Source: P.A. 93-884, eff. 1-1-05.)
 
    Section 15. The Criminal Code of 1961 is amended by
changing Sections 11-14, 11-14.1, 11-14.2, 11-15, 11-15.1,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, and
14-3 and by adding Section 11-19.3 as follows:
 
    (720 ILCS 5/11-14)  (from Ch. 38, par. 11-14)
    Sec. 11-14. Prostitution.
    (a) Any person who performs, offers or agrees to perform
any act of sexual penetration as defined in Section 12-12 of
this Code for any money, property, token, object, or article or
anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification commits an act
of prostitution.
    (b) Sentence.
    Prostitution is a Class A misdemeanor. A person convicted
of a second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section
and Sections 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, and 11-19, 11-19.1, or 11-19.2 of this Code is
guilty of a Class 4 felony. When a person has one or more prior
convictions, the information or indictment charging that
person shall state such prior conviction so as to give notice
of the State's intention to treat the charge as a felony. The
fact of such prior conviction is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
    (c) A person who violates this Section within 1,000 feet of
real property comprising a school commits a Class 4 felony.
    (d) Notwithstanding the foregoing, if it is determined,
after a reasonable detention for investigative purposes, that a
person suspected of or charged with a violation of this Section
is a person under the age of 18, that person shall be immune
from prosecution for a prostitution offense under this Section,
and shall be subject to the temporary protective custody
provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of
1987. Pursuant to the provisions of Section 2-6 of the Juvenile
Court Act of 1987, a law enforcement officer who takes a person
under 18 years of age into custody under this Section shall
immediately report an allegation of a violation of Section 10-9
of this Code to the Illinois Department of Children and Family
Services State Central Register, which shall commence an
initial investigation into child abuse or child neglect within
24 hours pursuant to Section 7.4 of the Abused and Neglected
Child Reporting Act.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696,
eff. 4-13-00.)
 
    (720 ILCS 5/11-14.1)
    Sec. 11-14.1. Solicitation of a sexual act.
    (a) Any person who offers a person not his or her spouse
any money, property, token, object, or article or anything of
value for that person or any other person not his or her spouse
to perform any act of sexual penetration as defined in Section
12-12 of this Code, or any touching or fondling of the sex
organs of one person by another person for the purpose of
sexual arousal or gratification, commits the offense of
solicitation of a sexual act.
    (b) Sentence. Solicitation of a sexual act is a Class A B
misdemeanor. Solicitation of a sexual act from a person who is
under the age of 18 or who is severely or profoundly mentally
retarded is a Class 4 felony.
    (b-5) It is an affirmative defense to a charge of
solicitation of a sexual act with a person who is under the age
of 18 or who is severely or profoundly mentally retarded that
the accused reasonably believed the person was of the age of 18
years or over or was not a severely or profoundly mentally
retarded person at the time of the act giving rise to the
charge.
(Source: P.A. 91-696, eff. 4-13-00.)
 
    (720 ILCS 5/11-14.2)
    Sec. 11-14.2. First offender; felony prostitution.
    (a) Whenever any person who has not previously been
convicted of or placed on probation for felony prostitution or
any law of the United States or of any other state relating to
felony prostitution pleads guilty to or is found guilty of
felony prostitution, the court, without entering a judgment and
with the consent of such person, may sentence the person to
probation.
    (b) When a person is placed on probation, the court shall
enter an order specifying a period of probation of 24 months
and shall defer further proceedings in the case until the
conclusion of the period or until the filing of a petition
alleging violation of a term or condition of probation.
    (c) The conditions of probation shall be that the person:
(1) not violate any criminal statute of any jurisdiction; (2)
refrain from possessing a firearm or other dangerous weapon;
(3) submit to periodic drug testing at a time and in a manner
as ordered by the court, but no less than 3 times during the
period of the probation, with the cost of the testing to be
paid by the probationer; and (4) perform no less than 30 hours
of community service, provided community service is available
in the jurisdiction and is funded and approved by the county
board.
    (d) The court may, in addition to other conditions, require
that the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of probation;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical or psychiatric treatment; or
    treatment or rehabilitation by a provider approved by the
    Illinois Department of Human Services;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his or her dependents;
        (7) refrain from having in his or her body the presence
    of any illicit drug prohibited by the Cannabis Control Act
    or the Illinois Controlled Substances Act, unless
    prescribed by a physician, and submit samples of his or her
    blood or urine or both for tests to determine the presence
    of any illicit drug;
        (8) (blank). and in addition, if a minor:
            (i) reside with his or her parents or in a foster
        home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his or her own support at home
        or in a foster home.
    (e) Upon violation of a term or condition of probation, the
court may enter a judgment on its original finding of guilt and
proceed as otherwise provided.
    (f) Upon fulfillment of the terms and conditions of
probation, the court shall discharge the person and dismiss the
proceedings against him or her.
    (g) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation and for appeal, however, discharge and dismissal
under this Section is not a conviction for purposes of this Act
or for purposes of disqualifications or disabilities imposed by
law upon conviction of a crime.
    (h) There may be only one discharge and dismissal under
this Section.
    (i) If a person is convicted of prostitution within 5 years
subsequent to a discharge and dismissal under this Section, the
discharge and dismissal under this Section shall be admissible
in the sentencing proceeding for that conviction as evidence in
aggravation.
(Source: P.A. 95-255, eff. 8-17-07.)
 
    (720 ILCS 5/11-15)  (from Ch. 38, par. 11-15)
    Sec. 11-15. Soliciting for a prostitute.
    (a) Any person who performs any of the following acts
commits soliciting for a prostitute:
        (1) Solicits another for the purpose of prostitution;
    or
        (2) Arranges or offers to arrange a meeting of persons
    for the purpose of prostitution; or
        (3) Directs another to a place knowing such direction
    is for the purpose of prostitution.
    (b) Sentence. Soliciting for a prostitute is a Class 4
felony A misdemeanor. A person convicted of a second or
subsequent violation of this Section, or of any combination of
such number of convictions under this Section and Sections
11-14, 11-14.1, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, and 11-19, 11-19.1, or 11-19.2 of this Code is guilty
of a Class 3 4 felony. When a person has one or more prior
convictions, the information or indictment charging that
person shall state such prior conviction so as to give notice
of the State's intention to treat the charge as a felony. The
fact of such prior conviction is not an element of the offense
and may not be disclosed to the jury during trial unless
otherwise permitted by issues properly raised during such
trial.
    (b-5) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class 3 4
felony.
    (c) A peace officer who arrests a person for a violation of
this Section may impound any vehicle used by the person in the
commission of the offense. The person may recover the vehicle
from the impound after a minimum of 2 hours after arrest upon
payment of a fee of $200. The fee shall be distributed to the
unit of government whose peace officers made the arrest for a
violation of this Section. This $200 fee includes the costs
incurred by the unit of government to tow the vehicle to the
impound. Upon the presentation of a signed court order by the
defendant whose vehicle was impounded showing that the
defendant has been acquitted of the offense of soliciting for a
prostitute or that the charges have been dismissed against the
defendant for that offense, the municipality shall refund the
$200 fee to the defendant.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16,
eff. 6-28-01.)
 
    (720 ILCS 5/11-15.1)  (from Ch. 38, par. 11-15.1)
    Sec. 11-15.1. Soliciting for a minor engaged in
prostitution Juvenile Prostitute.
    (a) Any person who violates any of the provisions of
Section 11-15(a) of this Act commits soliciting for a minor
engaged in prostitution juvenile prostitute where the person
prostitute for whom such person is soliciting is under 18 17
years of age or is a severely or profoundly mentally retarded
person.
    (b) It is an affirmative defense to a charge of soliciting
for a minor engaged in prostitution juvenile prostitute that
the accused reasonably believed the person was of the age of 18
17 years or over or was not a severely or profoundly mentally
retarded person at the time of the act giving rise to the
charge.
    (c) Sentence.
    Soliciting for a minor engaged in prostitution juvenile
prostitute is a Class 1 felony. A person convicted of a second
or subsequent violation of this Section, or of any combination
of such number of convictions under this Section and Sections
11-14, 11-14.1, 11-15, 11-16, 11-17, 11-17.1, 11-18, 11-18.1,
11-19, 11-19.1, or 11-19.2 of this Code, is guilty of a Class X
felony. The fact of such prior conviction is not an element of
the offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during the
trial.
    (c-5) A person who violates this Section within 1,000 feet
of real property comprising a school commits a Class X felony.
(Source: P.A. 95-95, eff. 1-1-08.)
 
    (720 ILCS 5/11-17)  (from Ch. 38, par. 11-17)
    Sec. 11-17. Keeping a Place of Prostitution.
    (a) Any person who has or exercises control over the use of
any place which could offer seclusion or shelter for the
practice of prostitution who performs any of the following acts
keeps a place of prostitution:
        (1) Knowingly grants or permits the use of such place
    for the purpose of prostitution; or
        (2) Grants or permits the use of such place under
    circumstances from which he could reasonably know that the
    place is used or is to be used for purposes of
    prostitution; or
        (3) Permits the continued use of a place after becoming
    aware of facts or circumstances from which he should
    reasonably know that the place is being used for purposes
    of prostitution.
    (b) Sentence.
    Keeping a place of prostitution is a Class 4 felony A
misdemeanor. A person convicted of a second or subsequent
violation of this Section, or of any combination of such number
of convictions under this Section and Sections 11-14, 11-14.1,
11-15, 11-15.1, 11-16, 11-17.1, 11-18, 11-18.1, and 11-19,
11-19.1, or 11-19.2 of this Code, is guilty of a Class 3 4
felony. When a person has one or more prior convictions, the
information or indictment charging that person shall state such
prior conviction so as to give notice of the State's intention
to treat the charge as a felony. The fact of such conviction is
not an element of the offense and may not be disclosed to the
jury during trial unless otherwise permitted by issues properly
raised during such trial. A person who violates this Section
within 1,000 feet of real property comprising a school commits
a Class 3 felony.
(Source: P.A. 91-498, eff. 1-1-00.)
 
    (720 ILCS 5/11-17.1)  (from Ch. 38, par. 11-17.1)
    Sec. 11-17.1. Keeping a Place of Juvenile Prostitution.
    (a) Any person who knowingly violates any of the provisions
of Section 11-17 of this Act commits keeping a place of
juvenile prostitution when any person engaged in prostitution
prostitute in the place of prostitution is under 18 17 years of
age or is a severely or profoundly mentally retarded person.
    (b) If the accused did not have a reasonable opportunity to
observe the person, it It is an affirmative defense to a charge
of keeping a place of juvenile prostitution that the accused
reasonably believed the person was of the age of 18 17 years or
over or was not a severely or profoundly mentally retarded
person at the time of the act giving rise to the charge.
    (c) Sentence. Keeping a place of juvenile prostitution is a
Class 1 felony. A person convicted of a second or subsequent
violation of this Section, or of any combination of such number
of convictions under this Section and Sections 11-14, 11-14.1,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1,
or 11-19.2 of this Code, is guilty of a Class X felony.
    (d) Forfeiture. Any person convicted under this Section is
subject to the property forfeiture provisions set forth in
Article 124B of the Code of Criminal Procedure of 1963.
(Source: P.A. 95-95, eff. 1-1-08; 96-712, eff. 1-1-10.)
 
    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
    Sec. 11-18. Patronizing a prostitute.
    (a) Any person who performs any of the following acts with
a person not his or her spouse commits the offense of
patronizing a prostitute:
        (1) Engages in an act of sexual penetration as defined
    in Section 12-12 of this Code with a prostitute; or
        (2) Enters or remains in a place of prostitution with
    intent to engage in an act of sexual penetration as defined
    in Section 12-12 of this Code.
    (b) Sentence.
    Patronizing a prostitute is a Class 4 felony A misdemeanor.
A person convicted of a second or subsequent violation of this
Section, or of any combination of such number of convictions
under this Section and Sections 11-14, 11-14.1, 11-15, 11-15.1,
11-16, 11-17, 11-17.1, 11-18.1, and 11-19, 11-19.1, or 11-19.2
of this Code, is guilty of a Class 3 4 felony. When a person has
one or more prior convictions, the information or indictment
charging that person shall state such prior convictions so as
to give notice of the State's intention to treat the charge as
a felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
    (c) A person who violates this Section within 1,000 feet of
real property comprising a school commits a Class 3 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16,
eff. 6-28-01.)
 
    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
    Sec. 11-18.1. Patronizing a minor engaged in prostitution
juvenile prostitute. (a) Any person who engages in an act of
sexual penetration as defined in Section 12-12 of this Code
with a person engaged in prostitution who is prostitute under
18 17 years of age or is a severely or profoundly mentally
retarded person commits the offense of patronizing a minor
engaged in prostitution juvenile prostitute.
    (b) It is an affirmative defense to the charge of
patronizing a minor engaged in prostitution juvenile
prostitute that the accused reasonably believed that the person
was of the age of 18 17 years or over or was not a severely or
profoundly mentally retarded person at the time of the act
giving rise to the charge.
    (c) Sentence. A person who commits patronizing a juvenile
prostitute is guilty of a Class 3 4 felony. A person convicted
of a second or subsequent violation of this Section, or of any
combination of such number of convictions under this Section
and Sections 11-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-19, 11-19.1, or 11-19.2 of this Code, is
guilty of a Class 2 felony. The fact of such conviction is not
an element of the offense and may not be disclosed to the jury
during trial unless otherwise permitted by issues properly
raised during such trial. A person who violates this Section
within 1,000 feet of real property comprising a school commits
a Class 2 felony.
(Source: P.A. 85-1447.)
 
    (720 ILCS 5/11-19)  (from Ch. 38, par. 11-19)
    Sec. 11-19. Pimping.
    (a) Any person who receives any money, property, token,
object, or article or anything of value from a prostitute or
from a person who patronizes a prostitute, not for a lawful
consideration, knowing it was earned or paid in whole or in
part from or for the practice of prostitution, commits pimping.
The foregoing shall not apply to a person engaged in
prostitution who is under 18 years of age. A person cannot be
convicted of pimping under this Section if the practice of
prostitution underlying such offense consists exclusively of
the accused's own acts of prostitution under Section 11-14 of
this Code.
    (b) Sentence.
    Pimping is a Class 4 felony A misdemeanor. A person
convicted of a second or subsequent violation of this Section,
or of any combination of such number of convictions under this
Section and Sections 11-14, 11-14.1, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, and 11-18.1, 11-19.1, or 11-19.2 of this
Code is guilty of a Class 3 4 felony. When a person has one or
more prior convictions, the information or indictment charging
that person shall state such prior conviction so as to give
notice of the State's intention to treat the charge as a
felony. The fact of such conviction is not an element of the
offense and may not be disclosed to the jury during trial
unless otherwise permitted by issues properly raised during
such trial.
    (c) A person who violates this Section within 1,000 feet of
real property comprising a school commits a Class 3 4 felony.
(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696,
eff. 4-13-00.)
 
    (720 ILCS 5/11-19.1)  (from Ch. 38, par. 11-19.1)
    Sec. 11-19.1. Juvenile Pimping and aggravated juvenile
pimping.
    (a) A person commits the offense of juvenile pimping if the
person knowingly receives any form of consideration derived
from the practice of prostitution, in whole or in part, and
        (1) the prostituted person prostitute was under the age
    of 18 17 at the time the act of prostitution occurred; or
        (2) the prostitute was a severely or profoundly
    mentally retarded person at the time the act of
    prostitution occurred.
    (b) A person commits the offense of aggravated juvenile
pimping if the person knowingly receives any form of
consideration derived from the practice of prostitution, in
whole or in part, and the prostituted person prostitute was
under the age of 13 at the time the act of prostitution
occurred.
    (c) If the accused did not have a reasonable opportunity to
observe the prostituted person, it It is an affirmative defense
to a charge of juvenile pimping that the accused reasonably
believed the person was of the age of 18 17 years or over or was
not a severely or profoundly mentally retarded person at the
time of the act giving rise to the charge.
    (d) Sentence.
    A person who commits a violation of subsection (a) is
guilty of a Class 1 felony. A person convicted of a second or
subsequent violation of this Section, or of any combination of
such number of convictions under this Section and Sections
11-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, or 11-19.2 of this Code, is guilty of a Class X
felony. A person who commits a violation of subsection (b) is
guilty of a Class X felony.
    (e) For the purposes of this Section, "prostituted person"
means any person who engages in, or agrees or offers to engage
in, any act of sexual penetration as defined in Section 12-12
of this Code for any money, property, token, object, or article
or anything of value, or any touching or fondling of the sex
organs of one person by another person, for any money,
property, token, object, or article or anything of value, for
the purpose of sexual arousal or gratification.
(Source: P.A. 95-95, eff. 1-1-08.)
 
    (720 ILCS 5/11-19.2)  (from Ch. 38, par. 11-19.2)
    Sec. 11-19.2. Exploitation of a child.
    (A) A person commits exploitation of a child when he or she
confines a child under the age of 18 16 or a severely or
profoundly mentally retarded person against his or her will by
the infliction or threat of imminent infliction of great bodily
harm, permanent disability or disfigurement or by
administering to the child or severely or profoundly mentally
retarded person without his or her consent or by threat or
deception and for other than medical purposes, any alcoholic
intoxicant or a drug as defined in the Illinois Controlled
Substances Act or the Cannabis Control Act or methamphetamine
as defined in the Methamphetamine Control and Community
Protection Act and:
        (1) compels the child or severely or profoundly
    mentally retarded person to engage in prostitution become a
    prostitute; or
        (2) arranges a situation in which the child or severely
    or profoundly mentally retarded person may practice
    prostitution; or
        (3) receives any money, property, token, object, or
    article or anything of value from the child or severely or
    profoundly mentally retarded person knowing it was
    obtained in whole or in part from the practice of
    prostitution.
    (B) For purposes of this Section, administering drugs, as
defined in subsection (A), or an alcoholic intoxicant to a
child under the age of 13 or a severely or profoundly mentally
retarded person shall be deemed to be without consent if such
administering is done without the consent of the parents or
legal guardian or if such administering is performed by the
parents or legal guardians for other than medical purposes.
    (C) Exploitation of a child is a Class X felony, for which
the person shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 60 years.
    (D) Any person convicted under this Section is subject to
the property forfeiture provisions set forth in Article 124B of
the Code of Criminal Procedure of 1963.
(Source: P.A. 95-640, eff. 6-1-08; 96-712, eff. 1-1-10.)
 
    (720 ILCS 5/11-19.3 new)
    Sec. 11-19.3. Vehicle impoundment.
    (a) In addition to any other penalty provided by law, a
peace officer who arrests a person for a violation of Section
10-9, 10-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,
11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code, may
tow and impound any vehicle used by the person in the
commission of the offense. The person arrested for one or more
such violations shall be charged a $1,000 fee, to be paid to
the unit of government that made the arrest. The person may
recover the vehicle from the impound after a minimum of 2 hours
after arrest upon payment of the fee.
    (b) $500 of the fee shall be distributed to the unit of
government whose peace officers made the arrest, for the costs
incurred by the unit of government to tow and impound the
vehicle. Upon the defendant's conviction of one or more of the
offenses in connection with which the vehicle was impounded and
the fee imposed under this Section, the remaining $500 of the
fee shall be deposited into the Violent Crime Victims
Assistance Fund and shall be used by the Department of Human
Services to make grants to non-governmental organizations to
provide services for persons encountered during the course of
an investigation into any violation of Section 10-9, 11-14,
11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code, provided such
persons constitute prostituted persons or other victims of
human trafficking.
    (c) Upon the presentation by the defendant of a signed
court order showing that the defendant has been acquitted of
all of the offenses in connection with which a vehicle was
impounded and a fee imposed under this Section, or that the
charges against the defendant for those offenses have been
dismissed, the unit of government shall refund the $1,000 fee
to the defendant.
 
    (720 ILCS 5/14-3)
    Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
    (a) Listening to radio, wireless and television
communications of any sort where the same are publicly made;
    (b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of their
employment in the operation, maintenance or repair of the
equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the hearer;
    (c) Any broadcast by radio, television or otherwise whether
it be a broadcast or recorded for the purpose of later
broadcasts of any function where the public is in attendance
and the conversations are overheard incidental to the main
purpose for which such broadcasts are then being made;
    (d) Recording or listening with the aid of any device to
any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics, ambulance
services, fire fighting agencies, any public utility,
emergency repair facility, civilian defense establishment or
military installation;
    (e) Recording the proceedings of any meeting required to be
open by the Open Meetings Act, as amended;
    (f) Recording or listening with the aid of any device to
incoming telephone calls of phone lines publicly listed or
advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must be
destroyed, erased or turned over to local law enforcement
authorities within 24 hours from the time of such recording and
shall not be otherwise disseminated. Failure on the part of the
individual or business operating any such recording or
listening device to comply with the requirements of this
subsection shall eliminate any civil or criminal immunity
conferred upon that individual or business by the operation of
this Section;
    (g) With prior notification to the State's Attorney of the
county in which it is to occur, recording or listening with the
aid of any device to any conversation where a law enforcement
officer, or any person acting at the direction of law
enforcement, is a party to the conversation and has consented
to it being intercepted or recorded under circumstances where
the use of the device is necessary for the protection of the
law enforcement officer or any person acting at the direction
of law enforcement, in the course of an investigation of a
forcible felony, a felony offense of involuntary servitude,
involuntary sexual servitude of a minor, or trafficking in
persons for forced labor or services under Section 10-9 of this
Code, an offense involving prostitution, solicitation of a
sexual act, or pandering, a felony violation of the Illinois
Controlled Substances Act, a felony violation of the Cannabis
Control Act, a felony violation of the Methamphetamine Control
and Community Protection Act, any "streetgang related" or
"gang-related" felony as those terms are defined in the
Illinois Streetgang Terrorism Omnibus Prevention Act, or any
felony offense involving any weapon listed in paragraphs (1)
through (11) of subsection (a) of Section 24-1 of this Code.
Any recording or evidence derived as the result of this
exemption shall be inadmissible in any proceeding, criminal,
civil or administrative, except (i) where a party to the
conversation suffers great bodily injury or is killed during
such conversation, or (ii) when used as direct impeachment of a
witness concerning matters contained in the interception or
recording. The Director of the Department of State Police shall
issue regulations as are necessary concerning the use of
devices, retention of tape recordings, and reports regarding
their use;
    (g-5) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
any offense defined in Article 29D of this Code. In all such
cases, an application for an order approving the previous or
continuing use of an eavesdropping device must be made within
48 hours of the commencement of such use. In the absence of
such an order, or upon its denial, any continuing use shall
immediately terminate. The Director of State Police shall issue
rules as are necessary concerning the use of devices, retention
of tape recordings, and reports regarding their use.
    Any recording or evidence obtained or derived in the course
of an investigation of any offense defined in Article 29D of
this Code shall, upon motion of the State's Attorney or
Attorney General prosecuting any violation of Article 29D, be
reviewed in camera with notice to all parties present by the
court presiding over the criminal case, and, if ruled by the
court to be relevant and otherwise admissible, it shall be
admissible at the trial of the criminal case.
    This subsection (g-5) is inoperative on and after January
1, 2005. No conversations recorded or monitored pursuant to
this subsection (g-5) shall be inadmissible in a court of law
by virtue of the repeal of this subsection (g-5) on January 1,
2005;
    (g-6) With approval of the State's Attorney of the county
in which it is to occur, recording or listening with the aid of
any device to any conversation where a law enforcement officer,
or any person acting at the direction of law enforcement, is a
party to the conversation and has consented to it being
intercepted or recorded in the course of an investigation of
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons for forced labor or services,
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age. In all such cases, an application for an
order approving the previous or continuing use of an
eavesdropping device must be made within 48 hours of the
commencement of such use. In the absence of such an order, or
upon its denial, any continuing use shall immediately
terminate. The Director of State Police shall issue rules as
are necessary concerning the use of devices, retention of
recordings, and reports regarding their use. Any recording or
evidence obtained or derived in the course of an investigation
of involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons for forced labor or services,
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age shall, upon motion of the State's
Attorney or Attorney General prosecuting any case involving
involuntary servitude, involuntary sexual servitude of a
minor, trafficking in persons for forced labor or services,
child pornography, aggravated child pornography, indecent
solicitation of a child, child abduction, luring of a minor,
sexual exploitation of a child, predatory criminal sexual
assault of a child, aggravated criminal sexual abuse in which
the victim of the offense was at the time of the commission of
the offense under 18 years of age, criminal sexual abuse by
force or threat of force in which the victim of the offense was
at the time of the commission of the offense under 18 years of
age, or aggravated criminal sexual assault in which the victim
of the offense was at the time of the commission of the offense
under 18 years of age, be reviewed in camera with notice to all
parties present by the court presiding over the criminal case,
and, if ruled by the court to be relevant and otherwise
admissible, it shall be admissible at the trial of the criminal
case. Absent such a ruling, any such recording or evidence
shall not be admissible at the trial of the criminal case;
    (h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation between a
uniformed peace officer, who has identified his or her office,
and a person in the presence of the peace officer whenever (i)
an officer assigned a patrol vehicle is conducting an
enforcement stop; or (ii) patrol vehicle emergency lights are
activated or would otherwise be activated if not for the need
to conceal the presence of law enforcement.
    For the purposes of this subsection (h), "enforcement stop"
means an action by a law enforcement officer in relation to
enforcement and investigation duties, including but not
limited to, traffic stops, pedestrian stops, abandoned vehicle
contacts, motorist assists, commercial motor vehicle stops,
roadside safety checks, requests for identification, or
responses to requests for emergency assistance;
    (h-5) Recordings of utterances made by a person while in
the presence of a uniformed peace officer and while an occupant
of a police vehicle including, but not limited to, (i)
recordings made simultaneously with the use of an in-car video
camera and (ii) recordings made in the presence of the peace
officer utilizing video or audio systems, or both, authorized
by the law enforcement agency;
    (h-10) Recordings made simultaneously with a video camera
recording during the use of a taser or similar weapon or device
by a peace officer if the weapon or device is equipped with
such camera;
    (h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency that
employs the peace officer who made the recordings for a storage
period of 90 days, unless the recordings are made as a part of
an arrest or the recordings are deemed evidence in any
criminal, civil, or administrative proceeding and then the
recordings must only be destroyed upon a final disposition and
an order from the court. Under no circumstances shall any
recording be altered or erased prior to the expiration of the
designated storage period. Upon completion of the storage
period, the recording medium may be erased and reissued for
operational use;
    (i) Recording of a conversation made by or at the request
of a person, not a law enforcement officer or agent of a law
enforcement officer, who is a party to the conversation, under
reasonable suspicion that another party to the conversation is
committing, is about to commit, or has committed a criminal
offense against the person or a member of his or her immediate
household, and there is reason to believe that evidence of the
criminal offense may be obtained by the recording;
    (j) The use of a telephone monitoring device by either (1)
a corporation or other business entity engaged in marketing or
opinion research or (2) a corporation or other business entity
engaged in telephone solicitation, as defined in this
subsection, to record or listen to oral telephone solicitation
conversations or marketing or opinion research conversations
by an employee of the corporation or other business entity
when:
        (i) the monitoring is used for the purpose of service
    quality control of marketing or opinion research or
    telephone solicitation, the education or training of
    employees or contractors engaged in marketing or opinion
    research or telephone solicitation, or internal research
    related to marketing or opinion research or telephone
    solicitation; and
        (ii) the monitoring is used with the consent of at
    least one person who is an active party to the marketing or
    opinion research conversation or telephone solicitation
    conversation being monitored.
    No communication or conversation or any part, portion, or
aspect of the communication or conversation made, acquired, or
obtained, directly or indirectly, under this exemption (j), may
be, directly or indirectly, furnished to any law enforcement
officer, agency, or official for any purpose or used in any
inquiry or investigation, or used, directly or indirectly, in
any administrative, judicial, or other proceeding, or divulged
to any third party.
    When recording or listening authorized by this subsection
(j) on telephone lines used for marketing or opinion research
or telephone solicitation purposes results in recording or
listening to a conversation that does not relate to marketing
or opinion research or telephone solicitation; the person
recording or listening shall, immediately upon determining
that the conversation does not relate to marketing or opinion
research or telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.
    Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide current and prospective employees with notice that the
monitoring or recordings may occur during the course of their
employment. The notice shall include prominent signage
notification within the workplace.
    Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j) shall
provide their employees or agents with access to personal-only
telephone lines which may be pay telephones, that are not
subject to telephone monitoring or telephone recording.
    For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
        (i) soliciting the sale of goods or services;
        (ii) receiving orders for the sale of goods or
    services;
        (iii) assisting in the use of goods or services; or
        (iv) engaging in the solicitation, administration, or
    collection of bank or retail credit accounts.
    For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer engaged by
a corporation or other business entity whose principal business
is the design, conduct, and analysis of polls and surveys
measuring the opinions, attitudes, and responses of
respondents toward products and services, or social or
political issues, or both;
    (k) Electronic recordings, including but not limited to, a
motion picture, videotape, digital, or other visual or audio
recording, made of a custodial interrogation of an individual
at a police station or other place of detention by a law
enforcement officer under Section 5-401.5 of the Juvenile Court
Act of 1987 or Section 103-2.1 of the Code of Criminal
Procedure of 1963;
    (l) Recording the interview or statement of any person when
the person knows that the interview is being conducted by a law
enforcement officer or prosecutor and the interview takes place
at a police station that is currently participating in the
Custodial Interview Pilot Program established under the
Illinois Criminal Justice Information Act;
    (m) An electronic recording, including but not limited to,
a motion picture, videotape, digital, or other visual or audio
recording, made of the interior of a school bus while the
school bus is being used in the transportation of students to
and from school and school-sponsored activities, when the
school board has adopted a policy authorizing such recording,
notice of such recording policy is included in student
handbooks and other documents including the policies of the
school, notice of the policy regarding recording is provided to
parents of students, and notice of such recording is clearly
posted on the door of and inside the school bus.
    Recordings made pursuant to this subsection (m) shall be
confidential records and may only be used by school officials
(or their designees) and law enforcement personnel for
investigations, school disciplinary actions and hearings,
proceedings under the Juvenile Court Act of 1987, and criminal
prosecutions, related to incidents occurring in or around the
school bus;
    (n) Recording or listening to an audio transmission from a
microphone placed by a person under the authority of a law
enforcement agency inside a bait car surveillance vehicle while
simultaneously capturing a photographic or video image; and
    (o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a law
enforcement officer when the use of such device is necessary to
protect the safety of the general public, hostages, or law
enforcement officers or anyone acting on their behalf.
(Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07;
95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff.
8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff.
8-25-09; revised 10-9-09.)
 
    Section 20. The Code of Criminal Procedure of 1963 is
amended by changing Section 108B-3 as follows:
 
    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
    Sec. 108B-3. Authorization for the interception of private
communication.
    (a) The State's Attorney, or a person designated in writing
or by law to act for him and to perform his duties during his
absence or disability, may authorize, in writing, an ex parte
application to the chief judge of a court of competent
jurisdiction for an order authorizing the interception of a
private communication when no party has consented to the
interception and (i) the interception may provide evidence of,
or may assist in the apprehension of a person who has
committed, is committing or is about to commit, a violation of
Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
of murder for hire), 9-1 (first degree murder), 10-9
(involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services),
11-15.1 (soliciting for a minor engaged in prostitution), 11-16
(pandering), 11-17.1 (keeping a place of juvenile
prostitution), 11-18.1 (patronizing a minor engaged in
prostitution), 11-19.1 (juvenile pimping and aggravated
juvenile pimping), or 29B-1 (money laundering) of the Criminal
Code of 1961, Section 401, 401.1 (controlled substance
trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of
the Illinois Controlled Substances Act or any Section of the
Methamphetamine Control and Community Protection Act, a
violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
Criminal Code of 1961 or conspiracy to commit money laundering
or conspiracy to commit first degree murder; (ii) in response
to a clear and present danger of imminent death or great bodily
harm to persons resulting from: (1) a kidnapping or the holding
of a hostage by force or the threat of the imminent use of
force; or (2) the occupation by force or the threat of the
imminent use of force of any premises, place, vehicle, vessel
or aircraft; (iii) to aid an investigation or prosecution of a
civil action brought under the Illinois Streetgang Terrorism
Omnibus Prevention Act when there is probable cause to believe
the interception of the private communication will provide
evidence that a streetgang is committing, has committed, or
will commit a second or subsequent gang-related offense or that
the interception of the private communication will aid in the
collection of a judgment entered under that Act; or (iv) upon
information and belief that a streetgang has committed, is
committing, or is about to commit a felony.
    (b) The State's Attorney or a person designated in writing
or by law to act for the State's Attorney and to perform his or
her duties during his or her absence or disability, may
authorize, in writing, an ex parte application to the chief
judge of a circuit court for an order authorizing the
interception of a private communication when no party has
consented to the interception and the interception may provide
evidence of, or may assist in the apprehension of a person who
has committed, is committing or is about to commit, a violation
of an offense under Article 29D of the Criminal Code of 1961.
    (b-1) Subsection (b) is inoperative on and after January 1,
2005.
    (b-2) No conversations recorded or monitored pursuant to
subsection (b) shall be made inadmissible in a court of law by
virtue of subsection (b-1).
    (c) As used in this Section, "streetgang" and
"gang-related" have the meanings ascribed to them in Section 10
of the Illinois Streetgang Terrorism Omnibus Prevention Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.