Bill Status of HB 5235   97th General Assembly

Short Description:  CRIM CD-CHILD PORNOGRAPHY

House Sponsors
Rep. Emily McAsey-Michelle Mussman-Jerry F. Costello, II, Jehan A. Gordon, John E. Bradley, Jack D. Franks, Keith Farnham, Carol A. Sente, Linda Chapa LaVia, Patrick J. Verschoore, Daniel V. Beiser and Lisa M. Dugan

Senate Sponsors
(Sen. John G. Mulroe, Kimberly A. Lightford and Martin A. Sandoval)


Last Action  View All Actions

DateChamber Action
  8/17/2012HousePublic Act . . . . . . . . . 97-0995

Statutes Amended In Order of Appearance
720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
720 ILCS 5/11-20.1B rep.

Synopsis As Introduced
Amends the Criminal Code of 1961. Repeals provision creating the offense of aggravated child pornography. In the statute creating child pornography, provides for enhanced penalties if the child depicted is under the age of 13. Provides that the issue of whether the child depicted is under the age of 13 is an element of the offense to be resolved by the trier of fact.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Reinserts the provisions of the bill with these changes: (1) provides that child pornography where the child depicted is under the age of 13, other then the possession of any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute, is a Class X felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000; (2) provides that where the child depicted is under the age of 13, the possession of any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute is a Class 2 felony with a mandatory minimum fine of $1,000 and a maximum fine of $100,000; (3) provides that child pornography, other than possession of any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute, where the child depicted is under the age of 13, where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 9 years with a mandatory minimum fine of $2,000 and a maximum fine of $100,000; and (4) provides that where the child depicted is under the age of 13, a person who possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of a child under 13 engaged in certain activities prescribed in the statute where the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses, is guilty of a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.

Actions 
DateChamber Action
  2/8/2012HouseFiled with the Clerk by Rep. Emily McAsey
  2/8/2012HouseFirst Reading
  2/8/2012HouseReferred to Rules Committee
  2/15/2012HouseAdded Chief Co-Sponsor Rep. Michelle Mussman
  2/15/2012HouseAdded Chief Co-Sponsor Rep. Jerry F. Costello, II
  2/15/2012HouseAdded Co-Sponsor Rep. Jehan A. Gordon
  2/15/2012HouseAdded Co-Sponsor Rep. John E. Bradley
  2/21/2012HouseAssigned to Judiciary II - Criminal Law Committee
  2/28/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Emily McAsey
  2/28/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/29/2012HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  3/1/2012HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  3/1/2012HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 008-000-000
  3/1/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/6/2012HouseSecond Reading - Short Debate
  3/6/2012HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/8/2012HouseThird Reading - Short Debate - Passed 107-000-000
  3/8/2012HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/8/2012HouseAdded Co-Sponsor Rep. Keith Farnham
  3/8/2012HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/8/2012HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/8/2012HouseAdded Co-Sponsor Rep. Patrick J. Verschoore
  3/8/2012HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  3/8/2012HouseAdded Co-Sponsor Rep. Lisa M. Dugan
  3/21/2012SenateArrive in Senate
  3/21/2012SenatePlaced on Calendar Order of First Reading
  3/21/2012SenateChief Senate Sponsor Sen. John G. Mulroe
  3/21/2012SenateFirst Reading
  3/21/2012SenateReferred to Assignments
  4/17/2012SenateAssigned to Criminal Law
  4/26/2012SenatePostponed - Criminal Law
  5/2/2012SenateDo Pass Criminal Law; 006-000-000
  5/2/2012SenatePlaced on Calendar Order of 2nd Reading May 3, 2012
  5/10/2012SenateSecond Reading
  5/10/2012SenatePlaced on Calendar Order of 3rd Reading May 15, 2012
  5/22/2012SenateThird Reading - Passed; 055-000-000
  5/22/2012SenateAdded as Alternate Co-Sponsor Sen. Kimberly A. Lightford
  5/22/2012SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  5/22/2012HousePassed Both Houses
  6/20/2012HouseSent to the Governor
  8/17/2012HouseGovernor Approved
  8/17/2012HouseEffective Date January 1, 2013
  8/17/2012HousePublic Act . . . . . . . . . 97-0995

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