Bill Status of HB 5687   95th General Assembly


Short Description:  CRIM CD-SEX OFFENSES-CHILD

House Sponsors
Rep. Maria Antonia Berrios-Paul D. Froehlich-LaShawn K. Ford-Lou Lang-Linda Chapa LaVia, Mike Boland, Luis Arroyo and Elizabeth Hernandez

Senate Sponsors
(Sen. Iris Y. Martinez)


Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
720 ILCS 5/10-8.1 new
720 ILCS 5/11-6.6 new
720 ILCS 5/11-9.4
720 ILCS 5/11-20.4 new
720 ILCS 5/11-21from Ch. 38, par. 11-21
720 ILCS 5/11-24

Synopsis As Introduced
Amends the Criminal Code of 1961. Provides that it is unlawful for a child sex offender to knowingly communicate, using the Internet or any other digital media, with a person under 18 years of age or with a person whom he or she believes to be a person under 18 years of age, unless the offender is a parent or guardian of the person under 18 years of age. Provides that a person over the age of 18 who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly distributes to, or sends, or causes to be sent, or exhibits to, or offers to distribute, or exhibits any harmful material to a person that he or she believes is a minor is guilty of a Class A misdemeanor. If that person utilized a computer web camera, cellular telephone, or any other type of device to manufacture the harmful material, then each offense is a Class 4 felony. Provides that the offense of child photography by a sex offender applies even if the offender does not conduct or operate a photography business. Provides that a child sex offender who photographs, videotapes, or takes a digital image of a child at a playground, park facility, school, forest preserve, day care facility, or at a facility providing programs or services directed to persons under 17 years of age is guilty of a Class 1 felony. Creates the offense of unlawful sending of a public conveyance travel ticket to a minor. Creates the offense of solicitation to meet a child. Creates the offense of manufacturing child erotica.

House Amendment No. 1
Deletes reference to:
720 ILCS 11-20.4 new
Adds reference to:
720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1

Provides that the amendatory Act may be referred to as the Child Protection Act of 2008. Eliminates the offense of manufacturing child erotica. Makes such conduct child pornography. Provides that the offense of unlawful sending of a public conveyance travel ticket to a minor and the offense of solicitation to meet a child only occur when the purpose of sending the ticket or arranging for meeting the child is for other than a lawful purpose under Illinois law. Provides that the offense of child photography by a sex offender occurs only if the photograph, videotape, or digital image of the child is taken without the permission of the parent or guardian of the child.

House Amendment No. 2
Deletes reference to:
720 ILCS 5/11-20.1
Adds reference to:
720 ILCS 5/11-23

Deletes the amendatory changes to the child pornography statute. Provides that for certain offenses involving meeting or contacting a minor, the purpose must be for other than a lawful purpose under Illinois law in order to liable for the offense. Provides that telecommunications carriers, commercial mobile service providers, and providers of information services are not liable by virtue of the transmission, storage, or caching of electronic communications or messages of others or by virtue of the provision of other related telecommunications, commercial mobile services, or information services used by others in violation of the distribution of harmful materials to a minor statute and unlawful sending of a public conveyance travel ticket to a minor statute, except for willful and wanton misconduct.

Actions 
DateChamber Action
  2/15/2008HouseFiled with the Clerk by Rep. Maria Antonia Berrios
  2/15/2008HouseAdded Chief Co-Sponsor Rep. Paul D. Froehlich
  2/15/2008HouseFirst Reading
  2/15/2008HouseReferred to Rules Committee
  2/20/2008HouseAdded Co-Sponsor Rep. Mike Boland
  2/21/2008HouseAdded Chief Co-Sponsor Rep. LaShawn K. Ford
  2/25/2008HouseAssigned to Judiciary II - Criminal Law Committee
  2/26/2008HouseAdded Chief Co-Sponsor Rep. Lou Lang
  3/5/2008HouseAdded Chief Co-Sponsor Rep. Linda Chapa LaVia
  3/5/2008HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/13/2008HouseHouse Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  3/13/2008HouseHouse Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/13/2008HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  3/13/2008HousePlaced on Calendar 2nd Reading - Short Debate
  4/18/2008HouseFinal Action Deadline Extended-9(b) May 9, 2008
  4/23/2008HouseHouse Amendment No. 2 Filed with Clerk by Rep. Maria Antonia Berrios
  4/23/2008HouseHouse Amendment No. 2 Referred to Rules Committee
  4/30/2008HouseHouse Amendment No. 2 Rules Refers to Judiciary II - Criminal Law Committee
  4/30/2008HouseHouse Amendment No. 2 Recommends Be Adopted Judiciary II - Criminal Law Committee; 013-000-000
  5/6/2008HouseSecond Reading - Short Debate
  5/6/2008HouseHouse Amendment No. 2 Adopted by Voice Vote
  5/6/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/8/2008HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  5/8/2008HouseThird Reading - Short Debate - Passed 109-000-000
  5/8/2008SenateArrive in Senate
  5/8/2008SenatePlaced on Calendar Order of First Reading
  5/8/2008SenateChief Senate Sponsor Sen. Iris Y. Martinez
  5/8/2008SenateFirst Reading
  5/8/2008SenateReferred to Rules
  5/15/2008SenateRule 2-10 Committee Deadline Established As May 22, 2008; Substantive House Bills Out of Committee
  1/13/2009HouseSession Sine Die

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