Bill Status of SB 2349   95th General Assembly

Short Description:  CRIM CD-SEX OFFENSES-CHILD

Senate Sponsors
Sen. A. J. Wilhelmi and Ira I. Silverstein-Michael Bond-Jacqueline Y. Collins

House Sponsors
(Rep. Maria Antonia Berrios-Sidney H. Mathias)


Last Action  View All Actions

DateChamber Action
  10/3/2008SenatePublic Act . . . . . . . . . 95-0983

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.

Senate Floor Amendment No. 1
Provides that telecommunications carriers, commercial mobile service providers, and providers of information services, including, but not limited to, Internet service providers and hosting service providers, 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 statutes concerning unlawful sending of a public conveyance travel ticket to a minor and distributing harmful materials to a minor.

Senate Floor Amendment No. 2
Provides that the immunity from liability for telecommunication carriers, commercial mobile service providers, and providers of information services does not apply in cases of willful and wanton misconduct.

Senate Floor Amendment No. 4
Deletes reference to:
720 ILCS 5/11-20.4 new
720 ILCS 5/11-20.1
Adds reference to:
720 ILCS 5/11-23

Provides that any person who places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site a photograph, video, or digital image of a person under 18 years of age that is not child pornography, without the knowledge and consent of the person under 18 years of age, commits the offense of posting of graphic information on a pornographic Internet site. Provides that this provision applies even if the person under 18 years of age is fully or properly clothed in the photograph, video, or digital image. Provides that a violation is a Class 4 felony. Provides that any person who places, posts, reproduces, or maintains on an adult obscenity or child pornography Internet site, or possesses with obscene or child pornographic material a photograph, video, or digital image of a person under 18 year of age in which the child is posed in a suggestive manner with the focus or concentration of the image on the child's clothed genitals, clothed pubic area, clothed buttocks area, or if the child is female, the breast exposed through transparent clothing, and the photograph, video, or digital image is not child pornography is guilty of posting of graphic information on a pornographic Internet site or possessing graphic information with pornographic material. Provides that a violation is a Class 3 felony. Eliminates the new offense of manufacturing child erotica. Deletes the amendatory changes to the child pornography statute. Clarifies that various offenses relating to meeting or contacting a child must be other than for a lawful purpose under Illinois law. Makes it unlawful for a child sex offender to photograph, videotape, or take a digital image of a child, or instruct or direct another person to photograph, videotape, or take a digital image of a child without the consent of the parent or guardian.

House Amendment No. 1
Adds reference to:
New Act
720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
730 ILCS 5/5-6-3.1from Ch. 38, par. 1005-6-3.1
730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1

Creates the Illinois Child Online Exploitation Reporting Act. Provides that any entity, while engaged in providing an electronic communication service or a remote computing service to the public, must provide the following information to the Cyber Tip Line at the National Center for Missing and Exploited Children in order to facilitate the required reporting of child pornography crimes under federal law. Establishes civil penalties for violations. Further amends the Criminal Code of 1961. Provides that commercial film and photographic film processors shall report or cause a report to be made to the local law enforcement agency of the jurisdiction in which the image or images of child pornography are discovered. Provides that computer technicians shall report or cause the report to be made to the local law enforcement agency of the jurisdiction in which the image or images of child pornography are discovered or to the Illinois Child Exploitation e-Tipline at reportchildporn@atg.state.il.us. Provides that a computer technician or an employer caused to report child pornography is immune from any criminal, civil, or administrative liability in connection with making the report, except for willful or wanton misconduct. Amends the Unified Code of Corrections. Provides that the mandatory supervised release term of a defendant who commits the offense of aggravated child pornography, manufacture of child pornography, or dissemination of child pornography after January 1, 2009 shall range from a minimum of 3 years to a maximum of the natural life of the defendant. Prohibits a sex offender who commits the offense of indecent solicitation of a child, sexual exploitation of a child, soliciting for a juvenile prostitute, child pornography, aggravated child pornography, or distributing harmful material to a minor, or an attempt to commit any of these offenses as a condition of parole, mandatory supervised release, probation, conditional discharge, or supervision shall: (i) not access or use a computer or any other device with Internet capability without the prior written approval; (ii) submit to periodic unannounced examinations of the offender's computer or any other device with Internet capability by the offender's supervising agent, probation officer, a law enforcement officer, or assigned computer or information technology specialist, including the retrieval and copying of all data from the computer or device and any internal or external peripherals and removal of such information, equipment, or device to conduct a more thorough inspection; (iii) submit to the installation on the offender's computer or device with Internet capability, at the offender's expense, of one or more hardware or software systems to monitor the Internet use; and (iv) submit to any other appropriate restrictions concerning the offender's use of or access to a computer or any other device with Internet capability imposed by the Prisoner Review Board, the Department of Corrections, or the offender's supervising agent or probation officer. Permits such restrictions to be imposed as a condition of parole, mandatory supervised release, probation, or conditional discharge for persons who commit other sex offenses that qualify for registration under the Sex Offender Registration Act. Provides that the Illinois Child Online Exploitation Reporting Act is effective immediately.

Actions 
DateChamber Action
  2/14/2008SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/14/2008SenateFirst Reading
  2/14/2008SenateReferred to Rules
  2/27/2008SenateAssigned to Judiciary Criminal Law
  3/6/2008SenateDo Pass Judiciary Criminal Law; 007-000-000
  3/6/2008SenatePlaced on Calendar Order of 2nd Reading March 11, 2008
  3/31/2008SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  3/31/2008SenateSenate Floor Amendment No. 1 Referred to Rules
  4/2/2008SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary Criminal Law
  4/2/2008SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  4/2/2008SenateAdded as Chief Co-Sponsor Sen. Michael Bond
  4/3/2008SenateSenate Floor Amendment No. 1 Recommend Do Adopt Judiciary Criminal Law; 009-000-000
  4/8/2008SenateSecond Reading
  4/8/2008SenateSenate Floor Amendment No. 1 Adopted; Wilhelmi
  4/8/2008SenatePlaced on Calendar Order of 3rd Reading April 9, 2008
  4/10/2008SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. A. J. Wilhelmi
  4/10/2008SenateSenate Floor Amendment No. 2 Referred to Rules
  4/10/2008SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. A. J. Wilhelmi
  4/10/2008SenateSenate Floor Amendment No. 3 Referred to Rules
  4/11/2008SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. A. J. Wilhelmi
  4/11/2008SenateSenate Floor Amendment No. 4 Referred to Rules
  4/15/2008SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary Criminal Law
  4/15/2008SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary Criminal Law
  4/16/2008SenateSenate Floor Amendment No. 2 Recommend Do Adopt Judiciary Criminal Law; 009-000-000
  4/16/2008SenateSenate Floor Amendment No. 4 Recommend Do Adopt Judiciary Criminal Law; 009-000-000
  4/16/2008SenateRecalled to Second Reading
  4/16/2008SenateSenate Floor Amendment No. 2 Adopted; Wilhelmi
  4/16/2008SenateSenate Floor Amendment No. 4 Adopted; Wilhelmi
  4/16/2008SenatePlaced on Calendar Order of 3rd Reading
  4/16/2008SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  4/16/2008SenateThird Reading - Passed; 057-000-000
  4/16/2008SenateSenate Floor Amendment No. 3 Tabled Pursuant to Rule 5-4(a)
  4/17/2008HouseArrived in House
  4/17/2008HousePlaced on Calendar Order of First Reading
  4/17/2008HouseChief House Sponsor Rep. Maria Antonia Berrios
  4/17/2008HouseAdded Alternate Chief Co-Sponsor Rep. Sidney H. Mathias
  4/17/2008HouseFirst Reading
  4/17/2008HouseReferred to Rules Committee
  5/1/2008HouseAssigned to Judiciary II - Criminal Law Committee
  5/9/2008HouseCommittee Deadline Extended-Rule 9(b) May 23, 2008
  5/15/2008HouseDo Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  5/15/2008HousePlaced on Calendar 2nd Reading - Short Debate
  5/23/2008HouseFinal Action Deadline Extended-9(b) May 31, 2008
  5/23/2008HouseHouse Amendment No. 1 Filed with Clerk by Rep. Maria Antonia Berrios
  5/23/2008HouseHouse Amendment No. 1 Referred to Rules Committee
  5/28/2008HouseHouse Amendment No. 1 Recommends Be Adopted Rules Committee; 005-000-000
  5/29/2008HouseSecond Reading - Short Debate
  5/29/2008HouseHeld on Calendar Order of Second Reading - Short Debate
  5/30/2008HouseHouse Amendment No. 1 Adopted by Voice Vote
  5/30/2008HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2008HouseThird Reading - Short Debate - Passed 113-000-000
  5/30/2008SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/30/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-May 31, 2008
  5/31/2008SenateHouse Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi
  5/31/2008SenateHouse Amendment No. 1 Motion to Concur Referred to Rules
  7/1/2008SenatePursuant to Senate Rule 3-9(b) / Referred to Rules
  7/10/2008SenateApproved for Consideration Rules
  7/10/2008SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01-July 10, 2008
  7/10/2008SenateHouse Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law
  7/10/2008SenateHouse Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000
  7/10/2008Senate3/5 Vote Required
  7/10/2008SenateHouse Amendment No. 1 Senate Concurs 043-000-000
  7/10/2008SenatePassed Both Houses
  8/8/2008SenateSent to the Governor
  10/3/2008SenateGovernor Approved
  10/3/2008SenateEffective Date October 3, 2008; Generally Effective
  10/3/2008SenateEffective Date June 1, 2009; Some Parts Effective
  10/3/2008SenatePublic Act . . . . . . . . . 95-0983

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