103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1576

 

Introduced 2/8/2023, by Sen. Robert F. Martwick

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Changes the statute of limitations for grooming to provide that when the victim is under 17 years of age at the time of the offense, a prosecution for grooming may be commenced within 10 years after the victim or the person with a disability attains 17 years of age. Changes the name of the offenses of child sexual abuse material to child sexual abuse material. Changes the penalty for grooming from a Class 4 to a Class 3 felony. Deletes references to criminal transmission of HIV in various statutes. In the Sex Offenses Article of the Criminal Code of 2012, provides a defintion for "unable to give knowing consent". Provides that a person commits sexual exploitation of a child if in the presence or virtual presence, or both, of a child and with knowledge that a child or one whom he or she believes to be a child would view his or her acts, that person knowingly entices, coerces, or persuades a child to participate in the production of the recording or memorializing a sexual act of persons ages 18 or older. Provides that a violation of this provision of sexual exploitation of a child is a Class 4 felony for a first offense; and a Class 3 felony for a second or subsequent offense, or if the person has been previously convicted of a sex offense. Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability) involving the use of a facility dog in any criminal proceeding. Makes other changes concerning the admissibility of evidence in cases involving involuntary servitude, involuntary sexual servitude of a minor, and trafficking in persons. Amends various Acts to change references from "child pornography" to "child sexual abuse material".


LRB103 26117 RLC 52472 b

 

 

A BILL FOR

 

SB1576LRB103 26117 RLC 52472 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Sex Offender Management Board Act is
5amended by changing Section 10 as follows:
 
6    (20 ILCS 4026/10)
7    Sec. 10. Definitions. In this Act, unless the context
8otherwise requires:
9    (a) "Board" means the Sex Offender Management Board
10created in Section 15.
11    (b) "Sex offender" means any person who is convicted or
12found delinquent in the State of Illinois, or under any
13substantially similar federal law or law of another state, of
14any sex offense or attempt of a sex offense as defined in
15subsection (c) of this Section, or any former statute of this
16State that defined a felony sex offense, or who has been
17declared as a sexually dangerous person under the Sexually
18Dangerous Persons Act or declared a sexually violent person
19under the Sexually Violent Persons Commitment Act, or any
20substantially similar federal law or law of another state.
21    (c) "Sex offense" means any felony or misdemeanor offense
22described in this subsection (c) as follows:
23        (1) indecent solicitation of a child, in violation of

 

 

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1    Section 11-6 of the Criminal Code of 1961 or the Criminal
2    Code of 2012;
3        (2) indecent solicitation of an adult, in violation of
4    Section 11-6.5 of the Criminal Code of 1961 or the
5    Criminal Code of 2012;
6        (3) public indecency, in violation of Section 11-9 or
7    11-30 of the Criminal Code of 1961 or the Criminal Code of
8    2012;
9        (4) sexual exploitation of a child, in violation of
10    Section 11-9.1 of the Criminal Code of 1961 or the
11    Criminal Code of 2012;
12        (5) sexual relations within families, in violation of
13    Section 11-11 of the Criminal Code of 1961 or the Criminal
14    Code of 2012;
15        (6) promoting juvenile prostitution or soliciting for
16    a juvenile prostitute, in violation of Section 11-14.4 or
17    11-15.1 of the Criminal Code of 1961 or the Criminal Code
18    of 2012;
19        (7) promoting juvenile prostitution or keeping a place
20    of juvenile prostitution, in violation of Section 11-14.4
21    or 11-17.1 of the Criminal Code of 1961 or the Criminal
22    Code of 2012;
23        (8) patronizing a juvenile prostitute, in violation of
24    Section 11-18.1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012;
26        (9) promoting juvenile prostitution or juvenile

 

 

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1    pimping, in violation of Section 11-14.4 or 11-19.1 of the
2    Criminal Code of 1961 or the Criminal Code of 2012;
3        (10) promoting juvenile prostitution or exploitation
4    of a child, in violation of Section 11-14.4 or 11-19.2 of
5    the Criminal Code of 1961 or the Criminal Code of 2012;
6        (11) child sexual abuse material pornography, in
7    violation of Section 11-20.1 of the Criminal Code of 1961
8    or the Criminal Code of 2012;
9        (11.5) aggravated child pornography, in violation of
10    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
11        (12) harmful material, in violation of Section 11-21
12    of the Criminal Code of 1961 or the Criminal Code of 2012;
13        (13) criminal sexual assault, in violation of Section
14    11-1.20 or 12-13 of the Criminal Code of 1961 or the
15    Criminal Code of 2012;
16        (13.5) grooming, in violation of Section 11-25 of the
17    Criminal Code of 1961 or the Criminal Code of 2012;
18        (14) aggravated criminal sexual assault, in violation
19    of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
20    the Criminal Code of 2012;
21        (14.5) traveling to meet a minor or traveling to meet
22    a child, in violation of Section 11-26 of the Criminal
23    Code of 1961 or the Criminal Code of 2012;
24        (15) predatory criminal sexual assault of a child, in
25    violation of Section 11-1.40 or 12-14.1 of the Criminal
26    Code of 1961 or the Criminal Code of 2012;

 

 

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1        (16) criminal sexual abuse, in violation of Section
2    11-1.50 or 12-15 of the Criminal Code of 1961 or the
3    Criminal Code of 2012;
4        (17) aggravated criminal sexual abuse, in violation of
5    Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
6    the Criminal Code of 2012;
7        (18) ritualized abuse of a child, in violation of
8    Section 12-33 of the Criminal Code of 1961 or the Criminal
9    Code of 2012;
10        (19) an attempt to commit any of the offenses
11    enumerated in this subsection (c); or
12        (20) any felony offense under Illinois law that is
13    sexually motivated.
14    (d) "Management" means treatment, and supervision of any
15sex offender that conforms to the standards created by the
16Board under Section 15.
17    (e) "Sexually motivated" means one or more of the facts of
18the underlying offense indicates conduct that is of a sexual
19nature or that shows an intent to engage in behavior of a
20sexual nature.
21    (f) "Sex offender evaluator" means a person licensed under
22the Sex Offender Evaluation and Treatment Provider Act to
23conduct sex offender evaluations.
24    (g) "Sex offender treatment provider" means a person
25licensed under the Sex Offender Evaluation and Treatment
26Provider Act to provide sex offender treatment services.

 

 

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1    (h) "Associate sex offender provider" means a person
2licensed under the Sex Offender Evaluation and Treatment
3Provider Act to provide sex offender evaluations and to
4provide sex offender treatment under the supervision of a
5licensed sex offender evaluator or a licensed sex offender
6treatment provider.
7(Source: P.A. 100-428, eff. 1-1-18.)
 
8    Section 10. The Medical School Matriculant Criminal
9History Records Check Act is amended by changing Section 5 as
10follows:
 
11    (110 ILCS 57/5)
12    Sec. 5. Definitions.
13    "Matriculant" means an individual who is conditionally
14admitted as a student to a medical school located in Illinois,
15pending the medical school's consideration of his or her
16criminal history records check under this Act.
17    "Sex offender" means any person who is convicted pursuant
18to Illinois law or any substantially similar federal, Uniform
19Code of Military Justice, sister state, or foreign country law
20with any of the following sex offenses set forth in the
21Criminal Code of 1961 or the Criminal Code of 2012:
22        (1) Indecent solicitation of a child.
23        (2) Sexual exploitation of a child.
24        (3) Custodial sexual misconduct.

 

 

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1        (4) Exploitation of a child.
2        (5) Child sexual abuse material pornography.
3        (6) Aggravated child pornography.
4    "Violent felony" means any of the following offenses, as
5defined by the Criminal Code of 1961 or the Criminal Code of
62012:
7        (1) First degree murder.
8        (2) Second degree murder.
9        (3) Predatory criminal sexual assault of a child.
10        (4) Aggravated criminal sexual assault.
11        (5) Criminal sexual assault.
12        (6) Aggravated arson.
13        (7) Aggravated kidnapping.
14        (8) Kidnapping.
15        (9) Aggravated battery resulting in great bodily harm
16    or permanent disability or disfigurement.
17(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
18    Section 15. The Child Care Act of 1969 is amended by
19changing Section 3.3 as follows:
 
20    (225 ILCS 10/3.3)
21    Sec. 3.3. Requirements for criminal background checks for
22adoption-only homes. In approving an adoption-only home
23pursuant to Section 3.2 of this Act, if an adult resident has
24an arrest or conviction record, the licensed child welfare

 

 

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1agency:
2        (1) shall thoroughly investigate and evaluate the
3    criminal history of the resident and, in so doing, include
4    an assessment of the applicant's character and, in the
5    case of the prospective adoptive parent, the impact that
6    the criminal history has on his or her ability to parent
7    the child; the investigation should consider the type of
8    crime, the number of crimes, the nature of the offense,
9    the age at time of crime, the length of time that has
10    elapsed since the last conviction, the relationship of the
11    crime to the ability to care for children, and any
12    evidence of rehabilitation;
13        (2) shall not approve the home if the record reveals a
14    felony conviction for crimes against a child, including,
15    but not limited to, child abuse or neglect, child sexual
16    abuse material pornography, rape, sexual assault, or
17    homicide;
18        (3) shall not approve the home if the record reveals a
19    felony conviction within the last 5 years, including, but
20    not limited to, for physical assault, battery,
21    drug-related offenses, or spousal abuse; and
22        (4) shall not approve the home if the record reveals a
23    felony conviction for homicide, rape, or sexual assault.
24(Source: P.A. 99-833, eff. 1-1-17.)
 
25    Section 20. The Abused and Neglected Child Reporting Act

 

 

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1is amended by changing Sections 4.5 and 11.1 as follows:
 
2    (325 ILCS 5/4.5)
3    Sec. 4.5. Electronic and information technology workers;
4reporting child sexual abuse material pornography.
5    (a) In this Section:
6    "Child sexual abuse material pornography" means child
7sexual abuse material pornography as described in Section
811-20.1 of the Criminal Code of 2012.
9    "Electronic and information technology equipment" means
10equipment used in the creation, manipulation, storage,
11display, or transmission of data, including internet and
12intranet systems, software applications, operating systems,
13video and multimedia, telecommunications products, kiosks,
14information transaction machines, copiers, printers, and
15desktop and portable computers.
16    "Electronic and information technology equipment worker"
17means a person who in the scope and course of his or her
18employment or business installs, repairs, or otherwise
19services electronic and information technology equipment for a
20fee but does not include (i) an employee, independent
21contractor, or other agent of a telecommunications carrier or
22telephone or telecommunications cooperative, as those terms
23are defined in the Public Utilities Act, or (ii) an employee,
24independent contractor, or other agent of a provider of
25commercial mobile radio service, as defined in 47 C.F.R. 20.3.

 

 

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1    (b) If an electronic and information technology equipment
2worker discovers any depiction of child sexual abuse material
3pornography while installing, repairing, or otherwise
4servicing an item of electronic and information technology
5equipment, that worker or the worker's employer shall
6immediately report the discovery to the local law enforcement
7agency or to the Cyber Tipline at the National Center for
8Missing & Exploited Children.
9    (c) If a report is filed in accordance with the
10requirements of 42 U.S.C. 13032, the requirements of this
11Section 4.5 will be deemed to have been met.
12    (d) An electronic and information technology equipment
13worker or electronic and information technology equipment
14worker's employer who reports a discovery of child sexual
15abuse material pornography as required under this Section is
16immune from any criminal, civil, or administrative liability
17in connection with making the report, except for willful or
18wanton misconduct.
19    (e) Failure to report a discovery of child sexual abuse
20material pornography as required under this Section is a
21business offense subject to a fine of $1,001.
22(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
23    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
24    Sec. 11.1. Access to records.
25    (a) A person shall have access to the records described in

 

 

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1Section 11 only in furtherance of purposes directly connected
2with the administration of this Act or the Intergovernmental
3Missing Child Recovery Act of 1984. Those persons and purposes
4for access include:
5        (1) Department staff in the furtherance of their
6    responsibilities under this Act, or for the purpose of
7    completing background investigations on persons or
8    agencies licensed by the Department or with whom the
9    Department contracts for the provision of child welfare
10    services.
11        (2) A law enforcement agency investigating known or
12    suspected child abuse or neglect, known or suspected
13    involvement with child sexual abuse material pornography,
14    known or suspected criminal sexual assault, known or
15    suspected criminal sexual abuse, or any other sexual
16    offense when a child is alleged to be involved.
17        (3) The Illinois State Police when administering the
18    provisions of the Intergovernmental Missing Child Recovery
19    Act of 1984.
20        (4) A physician who has before him a child whom he
21    reasonably suspects may be abused or neglected.
22        (5) A person authorized under Section 5 of this Act to
23    place a child in temporary protective custody when such
24    person requires the information in the report or record to
25    determine whether to place the child in temporary
26    protective custody.

 

 

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1        (6) A person having the legal responsibility or
2    authorization to care for, treat, or supervise a child, or
3    a parent, prospective adoptive parent, foster parent,
4    guardian, or other person responsible for the child's
5    welfare, who is the subject of a report.
6        (7) Except in regard to harmful or detrimental
7    information as provided in Section 7.19, any subject of
8    the report, and if the subject of the report is a minor,
9    his guardian or guardian ad litem.
10        (8) A court, upon its finding that access to such
11    records may be necessary for the determination of an issue
12    before such court; however, such access shall be limited
13    to in camera inspection, unless the court determines that
14    public disclosure of the information contained therein is
15    necessary for the resolution of an issue then pending
16    before it.
17        (8.1) A probation officer or other authorized
18    representative of a probation or court services department
19    conducting an investigation ordered by a court under the
20    Juvenile Court Act of 1987.
21        (9) A grand jury, upon its determination that access
22    to such records is necessary in the conduct of its
23    official business.
24        (10) Any person authorized by the Director, in
25    writing, for audit or bona fide research purposes.
26        (11) Law enforcement agencies, coroners or medical

 

 

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1    examiners, physicians, courts, school superintendents and
2    child welfare agencies in other states who are responsible
3    for child abuse or neglect investigations or background
4    investigations.
5        (12) The Department of Professional Regulation, the
6    State Board of Education and school superintendents in
7    Illinois, who may use or disclose information from the
8    records as they deem necessary to conduct investigations
9    or take disciplinary action, as provided by law.
10        (13) A coroner or medical examiner who has reason to
11    believe that a child has died as the result of abuse or
12    neglect.
13        (14) The Director of a State-operated facility when an
14    employee of that facility is the perpetrator in an
15    indicated report.
16        (15) The operator of a licensed child care facility or
17    a facility licensed by the Department of Human Services
18    (as successor to the Department of Alcoholism and
19    Substance Abuse) in which children reside when a current
20    or prospective employee of that facility is the
21    perpetrator in an indicated child abuse or neglect report,
22    pursuant to Section 4.3 of the Child Care Act of 1969.
23        (16) Members of a multidisciplinary team in the
24    furtherance of its responsibilities under subsection (b)
25    of Section 7.1. All reports concerning child abuse and
26    neglect made available to members of such

 

 

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1    multidisciplinary teams and all records generated as a
2    result of such reports shall be confidential and shall not
3    be disclosed, except as specifically authorized by this
4    Act or other applicable law. It is a Class A misdemeanor to
5    permit, assist or encourage the unauthorized release of
6    any information contained in such reports or records.
7    Nothing contained in this Section prevents the sharing of
8    reports or records relating or pertaining to the death of
9    a minor under the care of or receiving services from the
10    Department of Children and Family Services and under the
11    jurisdiction of the juvenile court with the juvenile
12    court, the State's Attorney, and the minor's attorney.
13        (17) The Department of Human Services, as provided in
14    Section 17 of the Rehabilitation of Persons with
15    Disabilities Act.
16        (18) Any other agency or investigative body, including
17    the Department of Public Health and a local board of
18    health, authorized by State law to conduct an
19    investigation into the quality of care provided to
20    children in hospitals and other State regulated care
21    facilities.
22        (19) The person appointed, under Section 2-17 of the
23    Juvenile Court Act of 1987, as the guardian ad litem of a
24    minor who is the subject of a report or records under this
25    Act; or the person appointed, under Section 5-610 of the
26    Juvenile Court Act of 1987, as the guardian ad litem of a

 

 

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1    minor who is in the custody or guardianship of the
2    Department or who has an open intact family services case
3    with the Department and who is the subject of a report or
4    records made pursuant to this Act.
5        (20) The Department of Human Services, as provided in
6    Section 10 of the Early Intervention Services System Act,
7    and the operator of a facility providing early
8    intervention services pursuant to that Act, for the
9    purpose of determining whether a current or prospective
10    employee who provides or may provide direct services under
11    that Act is the perpetrator in an indicated report of
12    child abuse or neglect filed under this Act.
13    (b) Nothing contained in this Act prevents the sharing or
14disclosure of information or records relating or pertaining to
15juveniles subject to the provisions of the Serious Habitual
16Offender Comprehensive Action Program when that information is
17used to assist in the early identification and treatment of
18habitual juvenile offenders.
19    (c) To the extent that persons or agencies are given
20access to information pursuant to this Section, those persons
21or agencies may give this information to and receive this
22information from each other in order to facilitate an
23investigation conducted by those persons or agencies.
24(Source: P.A. 101-43, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
25    Section 25. The Abused and Neglected Child Reporting Act

 

 

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1is amended by changing Section 3 as follows:
 
2    (325 ILCS 15/3)  (from Ch. 23, par. 2083)
3    Sec. 3. The functions and goals of the programs to be
4developed and provided by the Department of Children and
5Family Services shall include:
6    (a) Provision of counseling, treatment, rehabilitation and
7assistance to sexually abused and exploited children and their
8families, particularly to victims of predatory criminal sexual
9assault of a child, aggravated criminal sexual assault,
10criminal sexual assault, aggravated criminal sexual abuse and
11criminal sexual abuse and child sexual abuse material
12pornography, and provision of training and education and
13professional counseling to other persons responsible for the
14child's welfare, personnel of the Department responsible for
15the licensure of facilities under the Child Care Act of 1969,
16and persons required to file reports and conduct
17investigations of such reports under the Abused and Neglected
18Child Reporting Act;
19    (b) Hastening the process of reconstituting the family and
20the marriage, where such would be in the interest of the child;
21    (c) Marshaling and coordinating the services of all
22agencies responsible for the detection of a sexually abused
23and exploited child and for serving such a child, the child's
24family, or others responsible for the child's welfare, as well
25as for the development of other resources necessary to ensure

 

 

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1a comprehensive program for the prevention of such abuse and
2exploitation, supportive case management;
3    (d) Responding to individual physical, emotional, and
4social needs of clients so that supportive services are
5individually tailored and applied as long as necessary;
6    (e) Informing the public at large and professional
7agencies about the problem of child sexual abuse and
8exploitation, methods of detecting and responding to such
9incidents, including those established under the Abused and
10Neglected Child Reporting Act, the availability of State
11service and other resources for responding to victims of such
12abuse and exploitation, and about the existence and supportive
13approach of treatment center programs; and
14    (f) Development of informational and training materials
15and seminars to assure the availability of such programs and
16services throughout the State, emphasizing the need for
17cooperation and coordination with all appropriate elements of
18the criminal justice system and law enforcement system.
19(Source: P.A. 89-428, eff. 12-13-95; 89-462, eff. 5-29-96.)
 
20    Section 30. The Intergovernmental Missing Child Recovery
21Act of 1984 is amended by changing Section 2 as follows:
 
22    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
23    Sec. 2. As used in this Act:
24    (a) (Blank).

 

 

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1    (b) "Director" means the Director of the Illinois State
2Police.
3    (c) "Unit of local government" is defined as in Article
4VII, Section 1 of the Illinois Constitution and includes both
5home rule units and units which are not home rule units. The
6term is also defined to include all public school districts
7subject to the provisions of the School Code.
8    (d) "Child" means a person under 21 years of age.
9    (e) A "LEADS terminal" is an interactive computerized
10communication and processing unit which permits a direct
11on-line communication with the Illinois State Police's central
12data repository, the Law Enforcement Agencies Data System
13(LEADS).
14    (f) A "primary contact agency" means a law enforcement
15agency which maintains a LEADS terminal, or has immediate
16access to one on a 24-hour-per-day, 7-day-per-week basis by
17written agreement with another law enforcement agency.
18    (g) (Blank).
19    (h) "Missing child" means any person under 21 years of age
20whose whereabouts are unknown to his or her parents or legal
21guardian.
22    (i) "Exploitation" means activities and actions which
23include, but are not limited to, child sexual abuse material
24pornography, aggravated child pornography, child prostitution,
25child sexual abuse, drug and substance abuse by children, and
26child suicide.

 

 

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1    (j) (Blank).
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    Section 35. The Illinois Child Online Exploitation
4Reporting Act is amended by changing Section 10 as follows:
 
5    (325 ILCS 47/10)
6    Sec. 10. Registration. Any entity, subject to the
7reporting requirements of 42 U.S.C. 13032, while engaged in
8providing an electronic communications service or a remote
9computing service to the public, must provide the following
10information to the Cyber Tipline at the National Center for
11Missing and Exploited Children in order to facilitate the
12required reporting of child sexual abuse material pornography
13crimes, pursuant to 42 U.S.C. 13032:
14    (a) the agent's name, phone number, and email address; and
15    (b) the name of the agent's employer.
16(Source: P.A. 95-983, eff. 10-3-08.)
 
17    Section 40. The Criminal and Traffic Assessment Act is
18amended by changing Section 15-70 as follows:
 
19    (705 ILCS 135/15-70)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 15-70. Conditional assessments. In addition to
22payments under one of the Schedule of Assessments 1 through 13

 

 

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1of this Act, the court shall also order payment of any of the
2following conditional assessment amounts for each sentenced
3violation in the case to which a conditional assessment is
4applicable, which shall be collected and remitted by the Clerk
5of the Circuit Court as provided in this Section:
6        (1) arson, residential arson, or aggravated arson,
7    $500 per conviction to the State Treasurer for deposit
8    into the Fire Prevention Fund;
9        (2) child sexual abuse material pornography under
10    Section 11-20.1 of the Criminal Code of 1961 or the
11    Criminal Code of 2012, $500 per conviction, unless more
12    than one agency is responsible for the arrest in which
13    case the amount shall be remitted to each unit of
14    government equally:
15            (A) if the arresting agency is an agency of a unit
16        of local government, $500 to the treasurer of the unit
17        of local government for deposit into the unit of local
18        government's General Fund, except that if the Illinois
19        State Police provides digital or electronic forensic
20        examination assistance, or both, to the arresting
21        agency then $100 to the State Treasurer for deposit
22        into the State Crime Laboratory Fund; or
23            (B) if the arresting agency is the Illinois State
24        Police, $500 to the State Treasurer for deposit into
25        the State Crime Laboratory Fund;
26        (3) crime laboratory drug analysis for a drug-related

 

 

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1    offense involving possession or delivery of cannabis or
2    possession or delivery of a controlled substance as
3    defined in the Cannabis Control Act, the Illinois
4    Controlled Substances Act, or the Methamphetamine Control
5    and Community Protection Act, $100 reimbursement for
6    laboratory analysis, as set forth in subsection (f) of
7    Section 5-9-1.4 of the Unified Code of Corrections;
8        (4) DNA analysis, $250 on each conviction in which it
9    was used to the State Treasurer for deposit into the State
10    Crime Laboratory Fund as set forth in Section 5-9-1.4 of
11    the Unified Code of Corrections;
12        (5) DUI analysis, $150 on each sentenced violation in
13    which it was used as set forth in subsection (f) of Section
14    5-9-1.9 of the Unified Code of Corrections;
15        (6) drug-related offense involving possession or
16    delivery of cannabis or possession or delivery of a
17    controlled substance, other than methamphetamine, as
18    defined in the Cannabis Control Act or the Illinois
19    Controlled Substances Act, an amount not less than the
20    full street value of the cannabis or controlled substance
21    seized for each conviction to be disbursed as follows:
22            (A) 12.5% of the street value assessment shall be
23        paid into the Youth Drug Abuse Prevention Fund, to be
24        used by the Department of Human Services for the
25        funding of programs and services for drug-abuse
26        treatment, and prevention and education services;

 

 

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1            (B) 37.5% to the county in which the charge was
2        prosecuted, to be deposited into the county General
3        Fund;
4            (C) 50% to the treasurer of the arresting law
5        enforcement agency of the municipality or county, or
6        to the State Treasurer if the arresting agency was a
7        state agency, to be deposited as provided in
8        subsection (c) of Section 10-5;
9            (D) if the arrest was made in combination with
10        multiple law enforcement agencies, the clerk shall
11        equitably allocate the portion in subparagraph (C) of
12        this paragraph (6) among the law enforcement agencies
13        involved in the arrest;
14        (6.5) Kane County or Will County, in felony,
15    misdemeanor, local or county ordinance, traffic, or
16    conservation cases, up to $30 as set by the county board
17    under Section 5-1101.3 of the Counties Code upon the entry
18    of a judgment of conviction, an order of supervision, or a
19    sentence of probation without entry of judgment under
20    Section 10 of the Cannabis Control Act, Section 410 of the
21    Illinois Controlled Substances Act, Section 70 of the
22    Methamphetamine Control and Community Protection Act,
23    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
24    the Criminal Code of 1961 or the Criminal Code of 2012,
25    Section 10-102 of the Illinois Alcoholism and Other Drug
26    Dependency Act, or Section 10 of the Steroid Control Act;

 

 

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1    except in local or county ordinance, traffic, and
2    conservation cases, if fines are paid in full without a
3    court appearance, then the assessment shall not be imposed
4    or collected. Distribution of assessments collected under
5    this paragraph (6.5) shall be as provided in Section
6    5-1101.3 of the Counties Code;
7        (7) methamphetamine-related offense involving
8    possession or delivery of methamphetamine or any salt of
9    an optical isomer of methamphetamine or possession of a
10    methamphetamine manufacturing material as set forth in
11    Section 10 of the Methamphetamine Control and Community
12    Protection Act with the intent to manufacture a substance
13    containing methamphetamine or salt of an optical isomer of
14    methamphetamine, an amount not less than the full street
15    value of the methamphetamine or salt of an optical isomer
16    of methamphetamine or methamphetamine manufacturing
17    materials seized for each conviction to be disbursed as
18    follows:
19            (A) 12.5% of the street value assessment shall be
20        paid into the Youth Drug Abuse Prevention Fund, to be
21        used by the Department of Human Services for the
22        funding of programs and services for drug-abuse
23        treatment, and prevention and education services;
24            (B) 37.5% to the county in which the charge was
25        prosecuted, to be deposited into the county General
26        Fund;

 

 

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1            (C) 50% to the treasurer of the arresting law
2        enforcement agency of the municipality or county, or
3        to the State Treasurer if the arresting agency was a
4        state agency, to be deposited as provided in
5        subsection (c) of Section 10-5;
6            (D) if the arrest was made in combination with
7        multiple law enforcement agencies, the clerk shall
8        equitably allocate the portion in subparagraph (C) of
9        this paragraph (6) among the law enforcement agencies
10        involved in the arrest;
11        (8) order of protection violation under Section 12-3.4
12    of the Criminal Code of 2012, $200 for each conviction to
13    the county treasurer for deposit into the Probation and
14    Court Services Fund for implementation of a domestic
15    violence surveillance program and any other assessments or
16    fees imposed under Section 5-9-1.16 of the Unified Code of
17    Corrections;
18        (9) order of protection violation, $25 for each
19    violation to the State Treasurer, for deposit into the
20    Domestic Violence Abuser Services Fund;
21        (10) prosecution by the State's Attorney of a:
22            (A) petty or business offense, $4 to the county
23        treasurer of which $2 deposited into the State's
24        Attorney Records Automation Fund and $2 into the
25        Public Defender Records Automation Fund;
26            (B) conservation or traffic offense, $2 to the

 

 

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1        county treasurer for deposit into the State's Attorney
2        Records Automation Fund;
3        (11) speeding in a construction zone violation, $250
4    to the State Treasurer for deposit into the Transportation
5    Safety Highway Hire-back Fund, unless (i) the violation
6    occurred on a highway other than an interstate highway and
7    (ii) a county police officer wrote the ticket for the
8    violation, in which case to the county treasurer for
9    deposit into that county's Transportation Safety Highway
10    Hire-back Fund;
11        (12) supervision disposition on an offense under the
12    Illinois Vehicle Code or similar provision of a local
13    ordinance, 50 cents, unless waived by the court, into the
14    Prisoner Review Board Vehicle and Equipment Fund;
15        (13) victim and offender are family or household
16    members as defined in Section 103 of the Illinois Domestic
17    Violence Act of 1986 and offender pleads guilty or no
18    contest to or is convicted of murder, voluntary
19    manslaughter, involuntary manslaughter, burglary,
20    residential burglary, criminal trespass to residence,
21    criminal trespass to vehicle, criminal trespass to land,
22    criminal damage to property, telephone harassment,
23    kidnapping, aggravated kidnaping, unlawful restraint,
24    forcible detention, child abduction, indecent solicitation
25    of a child, sexual relations between siblings,
26    exploitation of a child, child sexual abuse material

 

 

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1    pornography, assault, aggravated assault, battery,
2    aggravated battery, heinous battery, aggravated battery of
3    a child, domestic battery, reckless conduct, intimidation,
4    criminal sexual assault, predatory criminal sexual assault
5    of a child, aggravated criminal sexual assault, criminal
6    sexual abuse, aggravated criminal sexual abuse, violation
7    of an order of protection, disorderly conduct, endangering
8    the life or health of a child, child abandonment,
9    contributing to dependency or neglect of child, or cruelty
10    to children and others, $200 for each sentenced violation
11    to the State Treasurer for deposit as follows: (i) for
12    sexual assault, as defined in Section 5-9-1.7 of the
13    Unified Code of Corrections, when the offender and victim
14    are family members, one-half to the Domestic Violence
15    Shelter and Service Fund, and one-half to the Sexual
16    Assault Services Fund; (ii) for the remaining offenses to
17    the Domestic Violence Shelter and Service Fund;
18        (14) violation of Section 11-501 of the Illinois
19    Vehicle Code, Section 5-7 of the Snowmobile Registration
20    and Safety Act, Section 5-16 of the Boat Registration and
21    Safety Act, or a similar provision, whose operation of a
22    motor vehicle, snowmobile, or watercraft while in
23    violation of Section 11-501, Section 5-7 of the Snowmobile
24    Registration and Safety Act, Section 5-16 of the Boat
25    Registration and Safety Act, or a similar provision
26    proximately caused an incident resulting in an appropriate

 

 

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1    emergency response, $1,000 maximum to the public agency
2    that provided an emergency response related to the
3    person's violation, or as provided in subsection (c) of
4    Section 10-5 if the arresting agency was a State agency,
5    unless more than one agency was responsible for the
6    arrest, in which case the amount shall be remitted to each
7    unit of government equally;
8        (15) violation of Section 401, 407, or 407.2 of the
9    Illinois Controlled Substances Act that proximately caused
10    any incident resulting in an appropriate drug-related
11    emergency response, $1,000 as reimbursement for the
12    emergency response to the law enforcement agency that made
13    the arrest, or as provided in subsection (c) of Section
14    10-5 if the arresting agency was a State agency, unless
15    more than one agency was responsible for the arrest, in
16    which case the amount shall be remitted to each unit of
17    government equally;
18        (16) violation of reckless driving, aggravated
19    reckless driving, or driving 26 miles per hour or more in
20    excess of the speed limit that triggered an emergency
21    response, $1,000 maximum reimbursement for the emergency
22    response to be distributed in its entirety to a public
23    agency that provided an emergency response related to the
24    person's violation, or as provided in subsection (c) of
25    Section 10-5 if the arresting agency was a State agency,
26    unless more than one agency was responsible for the

 

 

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1    arrest, in which case the amount shall be remitted to each
2    unit of government equally;
3        (17) violation based upon each plea of guilty,
4    stipulation of facts, or finding of guilt resulting in a
5    judgment of conviction or order of supervision for an
6    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
7    the Criminal Code of 2012 that results in the imposition
8    of a fine, to be distributed as follows:
9            (A) $50 to the county treasurer for deposit into
10        the Circuit Court Clerk Operation and Administrative
11        Fund to cover the costs in administering this
12        paragraph (17);
13            (B) $300 to the State Treasurer who shall deposit
14        the portion as follows:
15                (i) if the arresting or investigating agency
16            is the Illinois State Police, into the State
17            Police Law Enforcement Administration Fund;
18                (ii) if the arresting or investigating agency
19            is the Department of Natural Resources, into the
20            Conservation Police Operations Assistance Fund;
21                (iii) if the arresting or investigating agency
22            is the Secretary of State, into the Secretary of
23            State Police Services Fund;
24                (iv) if the arresting or investigating agency
25            is the Illinois Commerce Commission, into the
26            Transportation Regulatory Fund; or

 

 

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1                (v) if more than one of the State agencies in
2            this subparagraph (B) is the arresting or
3            investigating agency, then equal shares with the
4            shares deposited as provided in the applicable
5            items (i) through (iv) of this subparagraph (B);
6            and
7            (C) the remainder for deposit into the Specialized
8        Services for Survivors of Human Trafficking Fund;
9        (18) weapons violation under Section 24-1.1, 24-1.2,
10    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
11    of 2012, $100 for each conviction to the State Treasurer
12    for deposit into the Trauma Center Fund; and
13        (19) violation of subsection (c) of Section 11-907 of
14    the Illinois Vehicle Code, $250 to the State Treasurer for
15    deposit into the Scott's Law Fund, unless a county or
16    municipal police officer wrote the ticket for the
17    violation, in which case to the county treasurer for
18    deposit into that county's or municipality's
19    Transportation Safety Highway Hire-back Fund to be used as
20    provided in subsection (j) of Section 11-907 of the
21    Illinois Vehicle Code.
22(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
23102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
248-20-21; 102-813, eff. 5-13-22.)
 
25    Section 45. The Juvenile Court Act of 1987 is amended by

 

 

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1changing Section 3-40 as follows:
 
2    (705 ILCS 405/3-40)
3    Sec. 3-40. Minors involved in electronic dissemination of
4indecent visual depictions in need of supervision.
5    (a) For the purposes of this Section:
6    "Computer" has the meaning ascribed to it in Section
717-0.5 of the Criminal Code of 2012.
8    "Electronic communication device" means an electronic
9device, including but not limited to a wireless telephone,
10personal digital assistant, or a portable or mobile computer,
11that is capable of transmitting images or pictures.
12    "Indecent visual depiction" means a depiction or portrayal
13in any pose, posture, or setting involving a lewd exhibition
14of the unclothed or transparently clothed genitals, pubic
15area, buttocks, or, if such person is female, a fully or
16partially developed breast of the person.
17    "Minor" means a person under 18 years of age.
18    (b) A minor shall not distribute or disseminate an
19indecent visual depiction of another minor through the use of
20a computer or electronic communication device.
21    (c) Adjudication. A minor who violates subsection (b) of
22this Section may be subject to a petition for adjudication and
23adjudged a minor in need of supervision.
24    (d) Kinds of dispositional orders. A minor found to be in
25need of supervision under this Section may be:

 

 

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1        (1) ordered to obtain counseling or other supportive
2    services to address the acts that led to the need for
3    supervision; or
4        (2) ordered to perform community service.
5    (e) Nothing in this Section shall be construed to prohibit
6a prosecution for disorderly conduct, public indecency, child
7sexual abuse material pornography, a violation of Article 26.5
8(Harassing and Obscene Communications) of the Criminal Code of
92012, or any other applicable provision of law.
10(Source: P.A. 99-78, eff. 7-20-15.)
 
11    Section 50. The Criminal Code of 2012 is amended by
12changing Sections 3-5, 3-6, 11-0.1, 11-9.1, 11-9.3, 11-20.1,
1311-20.2, 11-23, 11-25, 14-3, and 36-1 as follows:
 
14    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
15    (Text of Section before amendment by P.A. 102-982)
16    Sec. 3-5. General limitations.
17    (a) A prosecution for: (1) first degree murder, attempt to
18commit first degree murder, second degree murder, involuntary
19manslaughter, reckless homicide, a violation of subparagraph
20(F) of paragraph (1) of subsection (d) of Section 11-501 of the
21Illinois Vehicle Code for the offense of aggravated driving
22under the influence of alcohol, other drug or drugs, or
23intoxicating compound or compounds, or any combination thereof
24when the violation was a proximate cause of a death, leaving

 

 

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1the scene of a motor vehicle accident involving death or
2personal injuries under Section 11-401 of the Illinois Vehicle
3Code, failing to give information and render aid under Section
411-403 of the Illinois Vehicle Code, concealment of homicidal
5death, treason, arson, residential arson, aggravated arson,
6forgery, child pornography under paragraph (1) of subsection
7(a) of Section 11-20.1, or aggravated child pornography under
8paragraph (1) of subsection (a) of Section 11-20.1B, or (2)
9any offense involving sexual conduct or sexual penetration, as
10defined by Section 11-0.1 of this Code may be commenced at any
11time.
12    (a-5) A prosecution for theft of property exceeding
13$100,000 in value under Section 16-1, identity theft under
14subsection (a) of Section 16-30, aggravated identity theft
15under subsection (b) of Section 16-30, financial exploitation
16of an elderly person or a person with a disability under
17Section 17-56; theft by deception of a victim 60 years of age
18or older or a person with a disability under Section 16-1; or
19any offense set forth in Article 16H or Section 17-10.6 may be
20commenced within 7 years of the last act committed in
21furtherance of the crime.
22    (b) Unless the statute describing the offense provides
23otherwise, or the period of limitation is extended by Section
243-6, a prosecution for any offense not designated in
25subsection (a) or (a-5) must be commenced within 3 years after
26the commission of the offense if it is a felony, or within one

 

 

SB1576- 32 -LRB103 26117 RLC 52472 b

1year and 6 months after its commission if it is a misdemeanor.
2(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
 
3    (Text of Section after amendment by P.A. 102-982)
4    Sec. 3-5. General limitations.
5    (a) A prosecution for: (1) first degree murder, attempt to
6commit first degree murder, second degree murder, involuntary
7manslaughter, reckless homicide, a violation of subparagraph
8(F) of paragraph (1) of subsection (d) of Section 11-501 of the
9Illinois Vehicle Code for the offense of aggravated driving
10under the influence of alcohol, other drug or drugs, or
11intoxicating compound or compounds, or any combination thereof
12when the violation was a proximate cause of a death, leaving
13the scene of a motor vehicle crash involving death or personal
14injuries under Section 11-401 of the Illinois Vehicle Code,
15failing to give information and render aid under Section
1611-403 of the Illinois Vehicle Code, concealment of homicidal
17death, treason, arson, residential arson, aggravated arson,
18forgery, child sexual abuse material or child pornography
19under paragraph (1) of subsection (a) of Section 11-20.1, or
20aggravated child pornography under paragraph (1) of subsection
21(a) of Section 11-20.1B, or (2) any offense involving sexual
22conduct or sexual penetration, as defined by Section 11-0.1 of
23this Code may be commenced at any time.
24    (a-5) A prosecution for theft of property exceeding
25$100,000 in value under Section 16-1, identity theft under

 

 

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1subsection (a) of Section 16-30, aggravated identity theft
2under subsection (b) of Section 16-30, financial exploitation
3of an elderly person or a person with a disability under
4Section 17-56; theft by deception of a victim 60 years of age
5or older or a person with a disability under Section 16-1; or
6any offense set forth in Article 16H or Section 17-10.6 may be
7commenced within 7 years of the last act committed in
8furtherance of the crime.
9    (b) Unless the statute describing the offense provides
10otherwise, or the period of limitation is extended by Section
113-6, a prosecution for any offense not designated in
12subsection (a) or (a-5) must be commenced within 3 years after
13the commission of the offense if it is a felony, or within one
14year and 6 months after its commission if it is a misdemeanor.
15(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22;
16102-982, eff. 7-1-23.)
 
17    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
18    Sec. 3-6. Extended limitations. The period within which a
19prosecution must be commenced under the provisions of Section
203-5 or other applicable statute is extended under the
21following conditions:
22    (a) A prosecution for theft involving a breach of a
23fiduciary obligation to the aggrieved person may be commenced
24as follows:
25        (1) If the aggrieved person is a minor or a person

 

 

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1    under legal disability, then during the minority or legal
2    disability or within one year after the termination
3    thereof.
4        (2) In any other instance, within one year after the
5    discovery of the offense by an aggrieved person, or by a
6    person who has legal capacity to represent an aggrieved
7    person or has a legal duty to report the offense, and is
8    not himself or herself a party to the offense; or in the
9    absence of such discovery, within one year after the
10    proper prosecuting officer becomes aware of the offense.
11    However, in no such case is the period of limitation so
12    extended more than 3 years beyond the expiration of the
13    period otherwise applicable.
14    (b) A prosecution for any offense based upon misconduct in
15office by a public officer or employee may be commenced within
16one year after discovery of the offense by a person having a
17legal duty to report such offense, or in the absence of such
18discovery, within one year after the proper prosecuting
19officer becomes aware of the offense. However, in no such case
20is the period of limitation so extended more than 3 years
21beyond the expiration of the period otherwise applicable.
22    (b-5) When the victim is under 18 years of age at the time
23of the offense, a prosecution for involuntary servitude,
24involuntary sexual servitude of a minor, or trafficking in
25persons and related offenses under Section 10-9 of this Code
26may be commenced within 25 years of the victim attaining the

 

 

SB1576- 35 -LRB103 26117 RLC 52472 b

1age of 18 years.
2    (b-6) When the victim is 18 years of age or over at the
3time of the offense, a prosecution for involuntary servitude,
4involuntary sexual servitude of a minor, or trafficking in
5persons and related offenses under Section 10-9 of this Code
6may be commenced within 25 years after the commission of the
7offense.
8    (b-7) When the victim is under 18 years of age at the time
9of the offense, a prosecution for female genital mutilation
10may be commenced at any time.
11    (b-8) When the victim is under 17 years of age at the time
12of the offense, a prosecution for grooming may be commenced
13within 10 years after the victim attains 17 years of age.
14    (c) (Blank).
15    (d) A prosecution for child sexual abuse material
16pornography, aggravated child pornography, indecent
17solicitation of a child, soliciting for a juvenile prostitute,
18juvenile pimping, exploitation of a child, or promoting
19juvenile prostitution except for keeping a place of juvenile
20prostitution may be commenced within one year of the victim
21attaining the age of 18 years. However, in no such case shall
22the time period for prosecution expire sooner than 3 years
23after the commission of the offense.
24    (e) Except as otherwise provided in subdivision (j), a
25prosecution for any offense involving sexual conduct or sexual
26penetration, as defined in Section 11-0.1 of this Code, where

 

 

SB1576- 36 -LRB103 26117 RLC 52472 b

1the defendant was within a professional or fiduciary
2relationship or a purported professional or fiduciary
3relationship with the victim at the time of the commission of
4the offense may be commenced within one year after the
5discovery of the offense by the victim.
6    (f) A prosecution for any offense set forth in Section 44
7of the Environmental Protection Act may be commenced within 5
8years after the discovery of such an offense by a person or
9agency having the legal duty to report the offense or in the
10absence of such discovery, within 5 years after the proper
11prosecuting officer becomes aware of the offense.
12    (f-5) A prosecution for any offense set forth in Section
1316-30 of this Code may be commenced within 5 years after the
14discovery of the offense by the victim of that offense.
15    (g) (Blank).
16    (h) (Blank).
17    (i) Except as otherwise provided in subdivision (j), a
18prosecution for criminal sexual assault, aggravated criminal
19sexual assault, or aggravated criminal sexual abuse may be
20commenced at any time. If the victim consented to the
21collection of evidence using an Illinois State Police Sexual
22Assault Evidence Collection Kit under the Sexual Assault
23Survivors Emergency Treatment Act, it shall constitute
24reporting for purposes of this Section.
25    Nothing in this subdivision (i) shall be construed to
26shorten a period within which a prosecution must be commenced

 

 

SB1576- 37 -LRB103 26117 RLC 52472 b

1under any other provision of this Section.
2    (i-5) A prosecution for armed robbery, home invasion,
3kidnapping, or aggravated kidnaping may be commenced within 10
4years of the commission of the offense if it arises out of the
5same course of conduct and meets the criteria under one of the
6offenses in subsection (i) of this Section.
7    (j) (1) When the victim is under 18 years of age at the
8time of the offense, a prosecution for criminal sexual
9assault, aggravated criminal sexual assault, predatory
10criminal sexual assault of a child, aggravated criminal sexual
11abuse, felony criminal sexual abuse, or female genital
12mutilation may be commenced at any time.
13    (2) When in circumstances other than as described in
14paragraph (1) of this subsection (j), when the victim is under
1518 years of age at the time of the offense, a prosecution for
16failure of a person who is required to report an alleged or
17suspected commission of criminal sexual assault, aggravated
18criminal sexual assault, predatory criminal sexual assault of
19a child, aggravated criminal sexual abuse, or felony criminal
20sexual abuse under the Abused and Neglected Child Reporting
21Act may be commenced within 20 years after the child victim
22attains 18 years of age.
23    (3) When the victim is under 18 years of age at the time of
24the offense, a prosecution for misdemeanor criminal sexual
25abuse may be commenced within 10 years after the child victim
26attains 18 years of age.

 

 

SB1576- 38 -LRB103 26117 RLC 52472 b

1    (4) Nothing in this subdivision (j) shall be construed to
2shorten a period within which a prosecution must be commenced
3under any other provision of this Section.
4    (j-5) A prosecution for armed robbery, home invasion,
5kidnapping, or aggravated kidnaping may be commenced at any
6time if it arises out of the same course of conduct and meets
7the criteria under one of the offenses in subsection (j) of
8this Section.
9    (k) (Blank).
10    (l) A prosecution for any offense set forth in Section
1126-4 of this Code may be commenced within one year after the
12discovery of the offense by the victim of that offense.
13    (l-5) A prosecution for any offense involving sexual
14conduct or sexual penetration, as defined in Section 11-0.1 of
15this Code, in which the victim was 18 years of age or older at
16the time of the offense, may be commenced within one year after
17the discovery of the offense by the victim when corroborating
18physical evidence is available. The charging document shall
19state that the statute of limitations is extended under this
20subsection (l-5) and shall state the circumstances justifying
21the extension. Nothing in this subsection (l-5) shall be
22construed to shorten a period within which a prosecution must
23be commenced under any other provision of this Section or
24Section 3-5 of this Code.
25    (m) The prosecution shall not be required to prove at
26trial facts which extend the general limitations in Section

 

 

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13-5 of this Code when the facts supporting extension of the
2period of general limitations are properly pled in the
3charging document. Any challenge relating to the extension of
4the general limitations period as defined in this Section
5shall be exclusively conducted under Section 114-1 of the Code
6of Criminal Procedure of 1963.
7    (n) A prosecution for any offense set forth in subsection
8(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
9Illinois Public Aid Code, in which the total amount of money
10involved is $5,000 or more, including the monetary value of
11food stamps and the value of commodities under Section 16-1 of
12this Code may be commenced within 5 years of the last act
13committed in furtherance of the offense.
14(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
15101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
168-20-21.)
 
17    (720 ILCS 5/11-0.1)
18    Sec. 11-0.1. Definitions. In this Article, unless the
19context clearly requires otherwise, the following terms are
20defined as indicated:
21    "Accused" means a person accused of an offense prohibited
22by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
23this Code or a person for whose conduct the accused is legally
24responsible under Article 5 of this Code.
25    "Adult obscenity or child sexual abuse material

 

 

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1pornography Internet site". See Section 11-23.
2    "Advance prostitution" means:
3        (1) Soliciting for a prostitute by performing any of
4    the following acts when acting other than as a prostitute
5    or a patron of a prostitute:
6            (A) Soliciting another for the purpose of
7        prostitution.
8            (B) Arranging or offering to arrange a meeting of
9        persons for the purpose of prostitution.
10            (C) Directing another to a place knowing the
11        direction is for the purpose of prostitution.
12        (2) Keeping a place of prostitution by controlling or
13    exercising control over the use of any place that could
14    offer seclusion or shelter for the practice of
15    prostitution and performing any of the following acts when
16    acting other than as a prostitute or a patron of a
17    prostitute:
18            (A) Knowingly granting or permitting the use of
19        the place for the purpose of prostitution.
20            (B) Granting or permitting the use of the place
21        under circumstances from which he or she could
22        reasonably know that the place is used or is to be used
23        for purposes of prostitution.
24            (C) Permitting the continued use of the place
25        after becoming aware of facts or circumstances from
26        which he or she should reasonably know that the place

 

 

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1        is being used for purposes of prostitution.
2    "Agency". See Section 11-9.5.
3    "Arranges". See Section 11-6.5.
4    "Bodily harm" means physical harm, and includes, but is
5not limited to, sexually transmitted disease, pregnancy, and
6impotence.
7    "Care and custody". See Section 11-9.5.
8    "Child care institution". See Section 11-9.3.
9    "Child sexual abuse material pornography". See Section
1011-20.1.
11    "Child sex offender". See Section 11-9.3.
12    "Community agency". See Section 11-9.5.
13    "Conditional release". See Section 11-9.2.
14    "Consent" means a freely given agreement to the act of
15sexual penetration or sexual conduct in question. Lack of
16verbal or physical resistance or submission by the victim
17resulting from the use of force or threat of force by the
18accused shall not constitute consent. The manner of dress of
19the victim at the time of the offense shall not constitute
20consent.
21    "Custody". See Section 11-9.2.
22    "Day care center". See Section 11-9.3.
23    "Depict by computer". See Section 11-20.1.
24    "Depiction by computer". See Section 11-20.1.
25    "Disseminate". See Section 11-20.1.
26    "Distribute". See Section 11-21.

 

 

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1    "Family member" means a parent, grandparent, child, aunt,
2uncle, great-aunt, or great-uncle, whether by whole blood,
3half-blood, or adoption, and includes a step-grandparent,
4step-parent, or step-child. "Family member" also means, if the
5victim is a child under 18 years of age, an accused who has
6resided in the household with the child continuously for at
7least 6 months.
8    "Force or threat of force" means the use of force or
9violence or the threat of force or violence, including, but
10not limited to, the following situations:
11        (1) when the accused threatens to use force or
12    violence on the victim or on any other person, and the
13    victim under the circumstances reasonably believes that
14    the accused has the ability to execute that threat; or
15        (2) when the accused overcomes the victim by use of
16    superior strength or size, physical restraint, or physical
17    confinement.
18    "Harmful to minors". See Section 11-21.
19    "Loiter". See Section 9.3.
20    "Material". See Section 11-21.
21    "Minor". See Section 11-21.
22    "Nudity". See Section 11-21.
23    "Obscene". See Section 11-20.
24    "Part day child care facility". See Section 11-9.3.
25    "Penal system". See Section 11-9.2.
26    "Person responsible for the child's welfare". See Section

 

 

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111-9.1A.
2    "Person with a disability". See Section 11-9.5.
3    "Playground". See Section 11-9.3.
4    "Probation officer". See Section 11-9.2.
5    "Produce". See Section 11-20.1.
6    "Profit from prostitution" means, when acting other than
7as a prostitute, to receive anything of value for personally
8rendered prostitution services or to receive anything of value
9from a prostitute, if the thing received is not for lawful
10consideration and the person knows it was earned in whole or in
11part from the practice of prostitution.
12    "Public park". See Section 11-9.3.
13    "Public place". See Section 11-30.
14    "Reproduce". See Section 11-20.1.
15    "Sado-masochistic abuse". See Section 11-21.
16    "School". See Section 11-9.3.
17    "School official". See Section 11-9.3.
18    "Sexual abuse". See Section 11-9.1A.
19    "Sexual act". See Section 11-9.1.
20    "Sexual conduct" means any knowing touching or fondling by
21the victim or the accused, either directly or through
22clothing, of the sex organs, anus, or breast of the victim or
23the accused, or any part of the body of a child under 13 years
24of age, or any transfer or transmission of semen by the accused
25upon any part of the clothed or unclothed body of the victim,
26for the purpose of sexual gratification or arousal of the

 

 

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1victim or the accused.
2    "Sexual excitement". See Section 11-21.
3    "Sexual penetration" means any contact, however slight,
4between the sex organ or anus of one person and an object or
5the sex organ, mouth, or anus of another person, or any
6intrusion, however slight, of any part of the body of one
7person or of any animal or object into the sex organ or anus of
8another person, including, but not limited to, cunnilingus,
9fellatio, or anal penetration. Evidence of emission of semen
10is not required to prove sexual penetration.
11    "Solicit". See Section 11-6.
12    "State-operated facility". See Section 11-9.5.
13    "Supervising officer". See Section 11-9.2.
14    "Surveillance agent". See Section 11-9.2.
15    "Treatment and detention facility". See Section 11-9.2.
16    "Unable to give knowing consent" includes, but is not
17limited to, when the victim was asleep, unconscious, or
18surprised such that the victim could not give voluntary,
19intelligent, and knowing agreement to the sexual act. "Unable
20to give knowing consent" also includes when the accused
21administers any intoxicating or anesthetic substance, or any
22controlled substance causing the victim to become unconscious
23of the nature of the act and this condition was known, or
24reasonably should have been known by the accused. "Unable to
25give knowing consent" also includes when the victim has taken
26an intoxicating substance or any controlled substance causing

 

 

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1the victim to become unconscious of the nature of the act, and
2this condition was known or reasonably should have been known
3by the accused, but the accused did not provide or administer
4the intoxicating substance. As used in this paragraph,
5"unconscious of the nature of the act" means incapable of
6resisting because the victim meets any one of the following
7conditions:
8        (1) was unconscious or asleep;
9        (2) was not aware, knowing, perceiving, or cognizant
10    that the act occurred;
11        (3) was not aware, knowing, perceiving, or cognizant
12    of the essential characteristics of the act due to the
13    perpetrator's fraud in fact; or
14        (4) was not aware, knowing, perceiving, or cognizant
15    of the essential characteristics of the act due to the
16    perpetrator's fraudulent representation that the sexual
17    penetration served a professional purpose when it served
18    no professional purpose.
19    It is inferred that a victim is unable to give knowing
20consent A victim is presumed "unable to give knowing consent"
21when the victim:
22        (1) is committed to the care and custody or
23    supervision of the Illinois Department of Corrections
24    (IDOC) and the accused is an employee or volunteer who is
25    not married to the victim who knows or reasonably should
26    know that the victim is committed to the care and custody

 

 

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1    or supervision of such department;
2        (2) is committed to or placed with the Department of
3    Children and Family Services (DCFS) and in residential
4    care, and the accused employee is not married to the
5    victim, and knows or reasonably should know that the
6    victim is committed to or placed with DCFS and in
7    residential care;
8        (3) is a client or patient and the accused is a health
9    care provider or mental health care provider and the
10    sexual conduct or sexual penetration occurs during a
11    treatment session, consultation, interview, or
12    examination;
13        (4) is a resident or inpatient of a residential
14    facility and the accused is an employee of the facility
15    who is not married to such resident or inpatient who
16    provides direct care services, case management services,
17    medical or other clinical services, habilitative services
18    or direct supervision of the residents in the facility in
19    which the resident resides; or an officer or other
20    employee, consultant, contractor or volunteer of the
21    residential facility, who knows or reasonably should know
22    that the person is a resident of such facility; or
23        (5) is detained or otherwise in the custody of a
24    police officer, peace officer, or other law enforcement
25    official who: (i) is detaining or maintaining custody of
26    such person; or (ii) knows, or reasonably should know,

 

 

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1    that at the time of the offense, such person was detained
2    or in custody and the police officer, peace officer, or
3    other law enforcement official is not married to such
4    detainee.
5    "Victim" means a person alleging to have been subjected to
6an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
711-1.50, or 11-1.60 of this Code.
8(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
 
9    (720 ILCS 5/11-9.1)  (from Ch. 38, par. 11-9.1)
10    Sec. 11-9.1. Sexual exploitation of a child.
11    (a) A person commits sexual exploitation of a child if in
12the presence or virtual presence, or both, of a child and with
13knowledge that a child or one whom he or she believes to be a
14child would view his or her acts, that person:
15        (1) engages in a sexual act; or
16        (2) exposes his or her sex organs, anus or breast for
17    the purpose of sexual arousal or gratification of such
18    person or the child or one whom he or she believes to be a
19    child; or
20        (3) knowingly entices, coerces, or persuades a child
21    to participate in the production of the recording or
22    memorializing a sexual act of persons ages 18 or older.
23    (a-5) A person commits sexual exploitation of a child who
24knowingly entices, coerces, or persuades a child to remove the
25child's clothing for the purpose of sexual arousal or

 

 

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1gratification of the person or the child, or both.
2    (b) Definitions. As used in this Section:
3    "Sexual act" means masturbation, sexual conduct or sexual
4penetration as defined in Section 11-0.1 of this Code.
5    "Sex offense" means any violation of Article 11 of this
6Code.
7    "Child" means a person under 17 years of age.
8    "Virtual presence" means an environment that is created
9with software and presented to the user and or receiver via the
10Internet, in such a way that the user appears in front of the
11receiver on the computer monitor or screen or hand-held
12portable electronic device, usually through a web camming
13program. "Virtual presence" includes primarily experiencing
14through sight or sound, or both, a video image that can be
15explored interactively at a personal computer or hand-held
16communication device, or both.
17    "Webcam" means a video capturing device connected to a
18computer or computer network that is designed to take digital
19photographs or live or recorded video which allows for the
20live transmission to an end user over the Internet.
21    (c) Sentence.
22        (1) Sexual exploitation of a child is a Class A
23    misdemeanor. A second or subsequent violation of this
24    Section or a substantially similar law of another state is
25    a Class 4 felony.
26        (2) Sexual exploitation of a child is a Class 4 felony

 

 

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1    if the person has been previously convicted of a sex
2    offense.
3        (3) Sexual exploitation of a child is a Class 4 felony
4    if the victim was under 13 years of age at the time of the
5    commission of the offense.
6        (4) Sexual exploitation of a child is a Class 4 felony
7    if committed by a person 18 years of age or older who is on
8    or within 500 feet of elementary or secondary school
9    grounds when children are present on the grounds.
10        (5) A violation of paragraph (3) of subsection (a) is
11    a Class 4 felony for a first offense; and a Class 3 felony
12    for a second or subsequent offense, or if the person has
13    been previously convicted of a sex offense.
14(Source: P.A. 102-168, eff. 7-27-21.)
 
15    (720 ILCS 5/11-9.3)
16    Sec. 11-9.3. Presence within school zone by child sex
17offenders prohibited; approaching, contacting, residing with,
18or communicating with a child within certain places by child
19sex offenders prohibited.
20    (a) It is unlawful for a child sex offender to knowingly be
21present in any school building, on real property comprising
22any school, or in any conveyance owned, leased, or contracted
23by a school to transport students to or from school or a school
24related activity when persons under the age of 18 are present
25in the building, on the grounds or in the conveyance, unless

 

 

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1the offender is a parent or guardian of a student attending the
2school and the parent or guardian is: (i) attending a
3conference at the school with school personnel to discuss the
4progress of his or her child academically or socially, (ii)
5participating in child review conferences in which evaluation
6and placement decisions may be made with respect to his or her
7child regarding special education services, or (iii) attending
8conferences to discuss other student issues concerning his or
9her child such as retention and promotion and notifies the
10principal of the school of his or her presence at the school or
11unless the offender has permission to be present from the
12superintendent or the school board or in the case of a private
13school from the principal. In the case of a public school, if
14permission is granted, the superintendent or school board
15president must inform the principal of the school where the
16sex offender will be present. Notification includes the nature
17of the sex offender's visit and the hours in which the sex
18offender will be present in the school. The sex offender is
19responsible for notifying the principal's office when he or
20she arrives on school property and when he or she departs from
21school property. If the sex offender is to be present in the
22vicinity of children, the sex offender has the duty to remain
23under the direct supervision of a school official.
24    (a-5) It is unlawful for a child sex offender to knowingly
25be present within 100 feet of a site posted as a pick-up or
26discharge stop for a conveyance owned, leased, or contracted

 

 

SB1576- 51 -LRB103 26117 RLC 52472 b

1by a school to transport students to or from school or a school
2related activity when one or more persons under the age of 18
3are present at the site.
4    (a-10) It is unlawful for a child sex offender to
5knowingly be present in any public park building, a playground
6or recreation area within any publicly accessible privately
7owned building, or on real property comprising any public park
8when persons under the age of 18 are present in the building or
9on the grounds and to approach, contact, or communicate with a
10child under 18 years of age, unless the offender is a parent or
11guardian of a person under 18 years of age present in the
12building or on the grounds.
13    (b) It is unlawful for a child sex offender to knowingly
14loiter within 500 feet of a school building or real property
15comprising any school while persons under the age of 18 are
16present in the building or on the grounds, unless the offender
17is a parent or guardian of a student attending the school and
18the parent or guardian is: (i) attending a conference at the
19school with school personnel to discuss the progress of his or
20her child academically or socially, (ii) participating in
21child review conferences in which evaluation and placement
22decisions may be made with respect to his or her child
23regarding special education services, or (iii) attending
24conferences to discuss other student issues concerning his or
25her child such as retention and promotion and notifies the
26principal of the school of his or her presence at the school or

 

 

SB1576- 52 -LRB103 26117 RLC 52472 b

1has permission to be present from the superintendent or the
2school board or in the case of a private school from the
3principal. In the case of a public school, if permission is
4granted, the superintendent or school board president must
5inform the principal of the school where the sex offender will
6be present. Notification includes the nature of the sex
7offender's visit and the hours in which the sex offender will
8be present in the school. The sex offender is responsible for
9notifying the principal's office when he or she arrives on
10school property and when he or she departs from school
11property. If the sex offender is to be present in the vicinity
12of children, the sex offender has the duty to remain under the
13direct supervision of a school official.
14    (b-2) It is unlawful for a child sex offender to knowingly
15loiter on a public way within 500 feet of a public park
16building or real property comprising any public park while
17persons under the age of 18 are present in the building or on
18the grounds and to approach, contact, or communicate with a
19child under 18 years of age, unless the offender is a parent or
20guardian of a person under 18 years of age present in the
21building or on the grounds.
22    (b-5) It is unlawful for a child sex offender to knowingly
23reside within 500 feet of a school building or the real
24property comprising any school that persons under the age of
2518 attend. Nothing in this subsection (b-5) prohibits a child
26sex offender from residing within 500 feet of a school

 

 

SB1576- 53 -LRB103 26117 RLC 52472 b

1building or the real property comprising any school that
2persons under 18 attend if the property is owned by the child
3sex offender and was purchased before July 7, 2000 (the
4effective date of Public Act 91-911).
5    (b-10) It is unlawful for a child sex offender to
6knowingly reside within 500 feet of a playground, child care
7institution, day care center, part day child care facility,
8day care home, group day care home, or a facility providing
9programs or services exclusively directed toward persons under
1018 years of age. Nothing in this subsection (b-10) prohibits a
11child sex offender from residing within 500 feet of a
12playground or a facility providing programs or services
13exclusively directed toward persons under 18 years of age if
14the property is owned by the child sex offender and was
15purchased before July 7, 2000. Nothing in this subsection
16(b-10) prohibits a child sex offender from residing within 500
17feet of a child care institution, day care center, or part day
18child care facility if the property is owned by the child sex
19offender and was purchased before June 26, 2006. Nothing in
20this subsection (b-10) prohibits a child sex offender from
21residing within 500 feet of a day care home or group day care
22home if the property is owned by the child sex offender and was
23purchased before August 14, 2008 (the effective date of Public
24Act 95-821).
25    (b-15) It is unlawful for a child sex offender to
26knowingly reside within 500 feet of the victim of the sex

 

 

SB1576- 54 -LRB103 26117 RLC 52472 b

1offense. Nothing in this subsection (b-15) prohibits a child
2sex offender from residing within 500 feet of the victim if the
3property in which the child sex offender resides is owned by
4the child sex offender and was purchased before August 22,
52002.
6    This subsection (b-15) does not apply if the victim of the
7sex offense is 21 years of age or older.
8    (b-20) It is unlawful for a child sex offender to
9knowingly communicate, other than for a lawful purpose under
10Illinois law, using the Internet or any other digital media,
11with a person under 18 years of age or with a person whom he or
12she believes to be a person under 18 years of age, unless the
13offender is a parent or guardian of the person under 18 years
14of age.
15    (c) It is unlawful for a child sex offender to knowingly
16operate, manage, be employed by, volunteer at, be associated
17with, or knowingly be present at any: (i) facility providing
18programs or services exclusively directed toward persons under
19the age of 18; (ii) day care center; (iii) part day child care
20facility; (iv) child care institution; (v) school providing
21before and after school programs for children under 18 years
22of age; (vi) day care home; or (vii) group day care home. This
23does not prohibit a child sex offender from owning the real
24property upon which the programs or services are offered or
25upon which the day care center, part day child care facility,
26child care institution, or school providing before and after

 

 

SB1576- 55 -LRB103 26117 RLC 52472 b

1school programs for children under 18 years of age is located,
2provided the child sex offender refrains from being present on
3the premises for the hours during which: (1) the programs or
4services are being offered or (2) the day care center, part day
5child care facility, child care institution, or school
6providing before and after school programs for children under
718 years of age, day care home, or group day care home is
8operated.
9    (c-2) It is unlawful for a child sex offender to
10participate in a holiday event involving children under 18
11years of age, including but not limited to distributing candy
12or other items to children on Halloween, wearing a Santa Claus
13costume on or preceding Christmas, being employed as a
14department store Santa Claus, or wearing an Easter Bunny
15costume on or preceding Easter. For the purposes of this
16subsection, child sex offender has the meaning as defined in
17this Section, but does not include as a sex offense under
18paragraph (2) of subsection (d) of this Section, the offense
19under subsection (c) of Section 11-1.50 of this Code. This
20subsection does not apply to a child sex offender who is a
21parent or guardian of children under 18 years of age that are
22present in the home and other non-familial minors are not
23present.
24    (c-5) It is unlawful for a child sex offender to knowingly
25operate, manage, be employed by, or be associated with any
26carnival, amusement enterprise, or county or State fair when

 

 

SB1576- 56 -LRB103 26117 RLC 52472 b

1persons under the age of 18 are present.
2    (c-6) It is unlawful for a child sex offender who owns and
3resides at residential real estate to knowingly rent any
4residential unit within the same building in which he or she
5resides to a person who is the parent or guardian of a child or
6children under 18 years of age. This subsection shall apply
7only to leases or other rental arrangements entered into after
8January 1, 2009 (the effective date of Public Act 95-820).
9    (c-7) It is unlawful for a child sex offender to knowingly
10offer or provide any programs or services to persons under 18
11years of age in his or her residence or the residence of
12another or in any facility for the purpose of offering or
13providing such programs or services, whether such programs or
14services are offered or provided by contract, agreement,
15arrangement, or on a volunteer basis.
16    (c-8) It is unlawful for a child sex offender to knowingly
17operate, whether authorized to do so or not, any of the
18following vehicles: (1) a vehicle which is specifically
19designed, constructed or modified and equipped to be used for
20the retail sale of food or beverages, including but not
21limited to an ice cream truck; (2) an authorized emergency
22vehicle; or (3) a rescue vehicle.
23    (d) Definitions. In this Section:
24        (1) "Child sex offender" means any person who:
25            (i) has been charged under Illinois law, or any
26        substantially similar federal law or law of another

 

 

SB1576- 57 -LRB103 26117 RLC 52472 b

1        state, with a sex offense set forth in paragraph (2) of
2        this subsection (d) or the attempt to commit an
3        included sex offense, and the victim is a person under
4        18 years of age at the time of the offense; and:
5                (A) is convicted of such offense or an attempt
6            to commit such offense; or
7                (B) is found not guilty by reason of insanity
8            of such offense or an attempt to commit such
9            offense; or
10                (C) is found not guilty by reason of insanity
11            pursuant to subsection (c) of Section 104-25 of
12            the Code of Criminal Procedure of 1963 of such
13            offense or an attempt to commit such offense; or
14                (D) is the subject of a finding not resulting
15            in an acquittal at a hearing conducted pursuant to
16            subsection (a) of Section 104-25 of the Code of
17            Criminal Procedure of 1963 for the alleged
18            commission or attempted commission of such
19            offense; or
20                (E) is found not guilty by reason of insanity
21            following a hearing conducted pursuant to a
22            federal law or the law of another state
23            substantially similar to subsection (c) of Section
24            104-25 of the Code of Criminal Procedure of 1963
25            of such offense or of the attempted commission of
26            such offense; or

 

 

SB1576- 58 -LRB103 26117 RLC 52472 b

1                (F) is the subject of a finding not resulting
2            in an acquittal at a hearing conducted pursuant to
3            a federal law or the law of another state
4            substantially similar to subsection (a) of Section
5            104-25 of the Code of Criminal Procedure of 1963
6            for the alleged violation or attempted commission
7            of such offense; or
8            (ii) is certified as a sexually dangerous person
9        pursuant to the Illinois Sexually Dangerous Persons
10        Act, or any substantially similar federal law or the
11        law of another state, when any conduct giving rise to
12        such certification is committed or attempted against a
13        person less than 18 years of age; or
14            (iii) is subject to the provisions of Section 2 of
15        the Interstate Agreements on Sexually Dangerous
16        Persons Act.
17        Convictions that result from or are connected with the
18    same act, or result from offenses committed at the same
19    time, shall be counted for the purpose of this Section as
20    one conviction. Any conviction set aside pursuant to law
21    is not a conviction for purposes of this Section.
22        (2) Except as otherwise provided in paragraph (2.5),
23    "sex offense" means:
24            (i) A violation of any of the following Sections
25        of the Criminal Code of 1961 or the Criminal Code of
26        2012: 10-4 (forcible detention), 10-7 (aiding or

 

 

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1        abetting child abduction under Section 10-5(b)(10)),
2        10-5(b)(10) (child luring), 11-1.40 (predatory
3        criminal sexual assault of a child), 11-6 (indecent
4        solicitation of a child), 11-6.5 (indecent
5        solicitation of an adult), 11-9.1 (sexual exploitation
6        of a child), 11-9.2 (custodial sexual misconduct),
7        11-9.5 (sexual misconduct with a person with a
8        disability), 11-11 (sexual relations within families),
9        11-14.3(a)(1) (promoting prostitution by advancing
10        prostitution), 11-14.3(a)(2)(A) (promoting
11        prostitution by profiting from prostitution by
12        compelling a person to be a prostitute),
13        11-14.3(a)(2)(C) (promoting prostitution by profiting
14        from prostitution by means other than as described in
15        subparagraphs (A) and (B) of paragraph (2) of
16        subsection (a) of Section 11-14.3), 11-14.4 (promoting
17        juvenile prostitution), 11-18.1 (patronizing a
18        juvenile prostitute), 11-20.1 (child sexual abuse
19        material pornography), 11-20.1B (aggravated child
20        pornography), 11-21 (harmful material), 11-25
21        (grooming), 11-26 (traveling to meet a minor or
22        traveling to meet a child), 12-33 (ritualized abuse of
23        a child), 11-20 (obscenity) (when that offense was
24        committed in any school, on real property comprising
25        any school, in any conveyance owned, leased, or
26        contracted by a school to transport students to or

 

 

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1        from school or a school related activity, or in a
2        public park), 11-30 (public indecency) (when committed
3        in a school, on real property comprising a school, in
4        any conveyance owned, leased, or contracted by a
5        school to transport students to or from school or a
6        school related activity, or in a public park). An
7        attempt to commit any of these offenses.
8            (ii) A violation of any of the following Sections
9        of the Criminal Code of 1961 or the Criminal Code of
10        2012, when the victim is a person under 18 years of
11        age: 11-1.20 (criminal sexual assault), 11-1.30
12        (aggravated criminal sexual assault), 11-1.50
13        (criminal sexual abuse), 11-1.60 (aggravated criminal
14        sexual abuse). An attempt to commit any of these
15        offenses.
16            (iii) A violation of any of the following Sections
17        of the Criminal Code of 1961 or the Criminal Code of
18        2012, when the victim is a person under 18 years of age
19        and the defendant is not a parent of the victim:
20            10-1 (kidnapping),
21            10-2 (aggravated kidnapping),
22            10-3 (unlawful restraint),
23            10-3.1 (aggravated unlawful restraint),
24            11-9.1(A) (permitting sexual abuse of a child).
25            An attempt to commit any of these offenses.
26            (iv) A violation of any former law of this State

 

 

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1        substantially equivalent to any offense listed in
2        clause (2)(i) or (2)(ii) of subsection (d) of this
3        Section.
4        (2.5) For the purposes of subsections (b-5) and (b-10)
5    only, a sex offense means:
6            (i) A violation of any of the following Sections
7        of the Criminal Code of 1961 or the Criminal Code of
8        2012:
9             10-5(b)(10) (child luring), 10-7 (aiding or
10        abetting child abduction under Section 10-5(b)(10)),
11        11-1.40 (predatory criminal sexual assault of a
12        child), 11-6 (indecent solicitation of a child),
13        11-6.5 (indecent solicitation of an adult), 11-9.2
14        (custodial sexual misconduct), 11-9.5 (sexual
15        misconduct with a person with a disability), 11-11
16        (sexual relations within families), 11-14.3(a)(1)
17        (promoting prostitution by advancing prostitution),
18        11-14.3(a)(2)(A) (promoting prostitution by profiting
19        from prostitution by compelling a person to be a
20        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
21        by profiting from prostitution by means other than as
22        described in subparagraphs (A) and (B) of paragraph
23        (2) of subsection (a) of Section 11-14.3), 11-14.4
24        (promoting juvenile prostitution), 11-18.1
25        (patronizing a juvenile prostitute), 11-20.1 (child
26        sexual abuse material pornography), 11-20.1B

 

 

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1        (aggravated child pornography), 11-25 (grooming),
2        11-26 (traveling to meet a minor or traveling to meet a
3        child), or 12-33 (ritualized abuse of a child). An
4        attempt to commit any of these offenses.
5            (ii) A violation of any of the following Sections
6        of the Criminal Code of 1961 or the Criminal Code of
7        2012, when the victim is a person under 18 years of
8        age: 11-1.20 (criminal sexual assault), 11-1.30
9        (aggravated criminal sexual assault), 11-1.60
10        (aggravated criminal sexual abuse), and subsection (a)
11        of Section 11-1.50 (criminal sexual abuse). An attempt
12        to commit any of these offenses.
13            (iii) A violation of any of the following Sections
14        of the Criminal Code of 1961 or the Criminal Code of
15        2012, when the victim is a person under 18 years of age
16        and the defendant is not a parent of the victim:
17            10-1 (kidnapping),
18            10-2 (aggravated kidnapping),
19            10-3 (unlawful restraint),
20            10-3.1 (aggravated unlawful restraint),
21            11-9.1(A) (permitting sexual abuse of a child).
22            An attempt to commit any of these offenses.
23            (iv) A violation of any former law of this State
24        substantially equivalent to any offense listed in this
25        paragraph (2.5) of this subsection.
26        (3) A conviction for an offense of federal law or the

 

 

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1    law of another state that is substantially equivalent to
2    any offense listed in paragraph (2) of subsection (d) of
3    this Section shall constitute a conviction for the purpose
4    of this Section. A finding or adjudication as a sexually
5    dangerous person under any federal law or law of another
6    state that is substantially equivalent to the Sexually
7    Dangerous Persons Act shall constitute an adjudication for
8    the purposes of this Section.
9        (4) "Authorized emergency vehicle", "rescue vehicle",
10    and "vehicle" have the meanings ascribed to them in
11    Sections 1-105, 1-171.8 and 1-217, respectively, of the
12    Illinois Vehicle Code.
13        (5) "Child care institution" has the meaning ascribed
14    to it in Section 2.06 of the Child Care Act of 1969.
15        (6) "Day care center" has the meaning ascribed to it
16    in Section 2.09 of the Child Care Act of 1969.
17        (7) "Day care home" has the meaning ascribed to it in
18    Section 2.18 of the Child Care Act of 1969.
19        (8) "Facility providing programs or services directed
20    towards persons under the age of 18" means any facility
21    providing programs or services exclusively directed
22    towards persons under the age of 18.
23        (9) "Group day care home" has the meaning ascribed to
24    it in Section 2.20 of the Child Care Act of 1969.
25        (10) "Internet" has the meaning set forth in Section
26    16-0.1 of this Code.

 

 

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1        (11) "Loiter" means:
2            (i) Standing, sitting idly, whether or not the
3        person is in a vehicle, or remaining in or around
4        school or public park property.
5            (ii) Standing, sitting idly, whether or not the
6        person is in a vehicle, or remaining in or around
7        school or public park property, for the purpose of
8        committing or attempting to commit a sex offense.
9            (iii) Entering or remaining in a building in or
10        around school property, other than the offender's
11        residence.
12        (12) "Part day child care facility" has the meaning
13    ascribed to it in Section 2.10 of the Child Care Act of
14    1969.
15        (13) "Playground" means a piece of land owned or
16    controlled by a unit of local government that is
17    designated by the unit of local government for use solely
18    or primarily for children's recreation.
19        (14) "Public park" includes a park, forest preserve,
20    bikeway, trail, or conservation area under the
21    jurisdiction of the State or a unit of local government.
22        (15) "School" means a public or private preschool or
23    elementary or secondary school.
24        (16) "School official" means the principal, a teacher,
25    or any other certified employee of the school, the
26    superintendent of schools or a member of the school board.

 

 

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1    (e) For the purposes of this Section, the 500 feet
2distance shall be measured from: (1) the edge of the property
3of the school building or the real property comprising the
4school that is closest to the edge of the property of the child
5sex offender's residence or where he or she is loitering, and
6(2) the edge of the property comprising the public park
7building or the real property comprising the public park,
8playground, child care institution, day care center, part day
9child care facility, or facility providing programs or
10services exclusively directed toward persons under 18 years of
11age, or a victim of the sex offense who is under 21 years of
12age, to the edge of the child sex offender's place of residence
13or place where he or she is loitering.
14    (f) Sentence. A person who violates this Section is guilty
15of a Class 4 felony.
16(Source: P.A. 102-997, eff. 1-1-23.)
 
17    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
18    Sec. 11-20.1. Child sexual abuse material pornography.
19    (a) Recognizing the enormous negative societal impact that
20sexually explicit visual depictions of children engaged in
21sexual abuse activities have on the children who are abused,
22and the overarching broader impact these materials and imagery
23have at various levels to the public, especially when this
24material is disseminated, we are changing all references in
25Illinois statutes from "child pornography" to "child sexual

 

 

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1abuse material". It is important that the statutes of the
2State of Illinois reflect the content and realities of these
3materials as the sexual abuse and exploitation of children.
4The word "pornography" implied legality involving "consent" of
5which this imagery is not, as children can never "consent" to
6sexual abuse and sexual exploitation. This name change is not
7a change in meaning, definitions, statutes or application of
8the laws of this State and all previous references to "child
9pornography" are now encapsulated in "child sexual abuse
10materials".
11    A person commits child sexual abuse material pornography
12who:
13        (1) films, videotapes, photographs, or otherwise
14    depicts or portrays by means of any similar visual medium
15    or reproduction or depicts by computer any child whom he
16    or she knows or reasonably should know to be under the age
17    of 18 or any person with a severe or profound intellectual
18    disability where such child or person with a severe or
19    profound intellectual disability is:
20            (i) actually or by simulation engaged in any act
21        of sexual penetration or sexual conduct with any
22        person or animal; or
23            (ii) actually or by simulation engaged in any act
24        of sexual penetration or sexual conduct involving the
25        sex organs of the child or person with a severe or
26        profound intellectual disability and the mouth, anus,

 

 

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1        or sex organs of another person or animal; or which
2        involves the mouth, anus or sex organs of the child or
3        person with a severe or profound intellectual
4        disability and the sex organs of another person or
5        animal; or
6            (iii) actually or by simulation engaged in any act
7        of masturbation; or
8            (iv) actually or by simulation portrayed as being
9        the object of, or otherwise engaged in, any act of lewd
10        fondling, touching, or caressing involving another
11        person or animal; or
12            (v) actually or by simulation engaged in any act
13        of excretion or urination within a sexual context; or
14            (vi) actually or by simulation portrayed or
15        depicted as bound, fettered, or subject to sadistic,
16        masochistic, or sadomasochistic abuse in any sexual
17        context; or
18            (vii) depicted or portrayed in any pose, posture
19        or setting involving a lewd exhibition of the
20        unclothed or transparently clothed genitals, pubic
21        area, buttocks, or, if such person is female, a fully
22        or partially developed breast of the child or other
23        person; or
24        (2) with the knowledge of the nature or content
25    thereof, reproduces, disseminates, offers to disseminate,
26    exhibits or possesses with intent to disseminate any film,

 

 

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

 

 

SB1576- 69 -LRB103 26117 RLC 52472 b

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

 

 

SB1576- 70 -LRB103 26117 RLC 52472 b

1    photograph, film, stage play, live presentation, or other
2    similar visual reproduction or depiction by computer in
3    which the child or person with a severe or profound
4    intellectual disability will be depicted, actually or by
5    simulation, in any act, pose, or setting described in
6    subparagraphs (i) through (vii) of paragraph (1) of this
7    subsection.
8    (a-5) The possession of each individual film, videotape,
9photograph, or other similar visual reproduction or depiction
10by computer in violation of this Section constitutes a single
11and separate violation. This subsection (a-5) does not apply
12to multiple copies of the same film, videotape, photograph, or
13other similar visual reproduction or depiction by computer
14that are identical to each other.
15    (b)(1) It shall be an affirmative defense to a charge of
16child sexual abuse material pornography that the defendant
17reasonably believed, under all of the circumstances, that the
18child was 18 years of age or older or that the person was not a
19person with a severe or profound intellectual disability but
20only where, prior to the act or acts giving rise to a
21prosecution under this Section, he or she took some
22affirmative action or made a bonafide inquiry designed to
23ascertain whether the child was 18 years of age or older or
24that the person was not a person with a severe or profound
25intellectual disability and his or her reliance upon the
26information so obtained was clearly reasonable.

 

 

SB1576- 71 -LRB103 26117 RLC 52472 b

1    (1.5) Telecommunications carriers, commercial mobile
2service providers, and providers of information services,
3including, but not limited to, Internet service providers and
4hosting service providers, are not liable under this Section
5by virtue of the transmission, storage, or caching of
6electronic communications or messages of others or by virtue
7of the provision of other related telecommunications,
8commercial mobile services, or information services used by
9others in violation of this Section.
10    (2) (Blank).
11    (3) The charge of child sexual abuse material pornography
12shall not apply to the performance of official duties by law
13enforcement or prosecuting officers or persons employed by law
14enforcement or prosecuting agencies, court personnel or
15attorneys, nor to bonafide treatment or professional education
16programs conducted by licensed physicians, psychologists or
17social workers. In any criminal proceeding, any property or
18material that constitutes child sexual abuse material
19pornography shall remain in the care, custody, and control of
20either the State or the court. A motion to view the evidence
21shall comply with subsection (e-5) of this Section.
22    (4) If the defendant possessed more than one of the same
23film, videotape or visual reproduction or depiction by
24computer in which child sexual abuse material pornography is
25depicted, then the trier of fact may infer that the defendant
26possessed such materials with the intent to disseminate them.

 

 

SB1576- 72 -LRB103 26117 RLC 52472 b

1    (5) The charge of child sexual abuse material pornography
2does not apply to a person who does not voluntarily possess a
3film, videotape, or visual reproduction or depiction by
4computer in which child sexual abuse material pornography is
5depicted. Possession is voluntary if the defendant knowingly
6procures or receives a film, videotape, or visual reproduction
7or depiction for a sufficient time to be able to terminate his
8or her possession.
9    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
10(7) of subsection (a) that includes a child engaged in,
11solicited for, depicted in, or posed in any act of sexual
12penetration or bound, fettered, or subject to sadistic,
13masochistic, or sadomasochistic abuse in a sexual context
14shall be deemed a crime of violence.
15    (c) If the violation does not involve a film, videotape,
16or other moving depiction, a violation of paragraph (1), (4),
17(5), or (7) of subsection (a) is a Class 1 felony with a
18mandatory minimum fine of $2,000 and a maximum fine of
19$100,000. If the violation involves a film, videotape, or
20other moving depiction, a violation of paragraph (1), (4),
21(5), or (7) of subsection (a) is a Class X felony with a
22mandatory minimum fine of $2,000 and a maximum fine of
23$100,000. If the violation does not involve a film, videotape,
24or other moving depiction, a violation of paragraph (3) of
25subsection (a) is a Class 1 felony with a mandatory minimum
26fine of $1500 and a maximum fine of $100,000. If the violation

 

 

SB1576- 73 -LRB103 26117 RLC 52472 b

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

 

 

SB1576- 74 -LRB103 26117 RLC 52472 b

1violation of paragraph (1), (2), (3), (4), (5), or (7) of
2subsection (a) where the defendant has previously been
3convicted under the laws of this State or any other state of
4the offense of child sexual abuse material pornography,
5aggravated child sexual abuse material pornography, aggravated
6criminal sexual abuse, aggravated criminal sexual assault,
7predatory criminal sexual assault of a child, or any of the
8offenses formerly known as rape, deviate sexual assault,
9indecent liberties with a child, or aggravated indecent
10liberties with a child where the victim was under the age of 18
11years or an offense that is substantially equivalent to those
12offenses, is guilty of a Class X felony for which the person
13shall be sentenced to a term of imprisonment of not less than 9
14years with a mandatory minimum fine of $2,000 and a maximum
15fine of $100,000. Where the child depicted is under the age of
1613, a person who commits a violation of paragraph (6) of
17subsection (a) where the defendant has previously been
18convicted under the laws of this State or any other state of
19the offense of child sexual abuse material pornography,
20aggravated child pornography, aggravated criminal sexual
21abuse, aggravated criminal sexual assault, predatory criminal
22sexual assault of a child, or any of the offenses formerly
23known as rape, deviate sexual assault, indecent liberties with
24a child, or aggravated indecent liberties with a child where
25the victim was under the age of 18 years or an offense that is
26substantially equivalent to those offenses, is guilty of a

 

 

SB1576- 75 -LRB103 26117 RLC 52472 b

1Class 1 felony with a mandatory minimum fine of $1,000 and a
2maximum fine of $100,000. The issue of whether the child
3depicted is under the age of 13 is an element of the offense to
4be resolved by the trier of fact.
5    (d) If a person is convicted of a second or subsequent
6violation of this Section within 10 years of a prior
7conviction, the court shall order a presentence psychiatric
8examination of the person. The examiner shall report to the
9court whether treatment of the person is necessary.
10    (e) Any film, videotape, photograph or other similar
11visual reproduction or depiction by computer which includes a
12child under the age of 18 or a person with a severe or profound
13intellectual disability engaged in any activity described in
14subparagraphs (i) through (vii) of or paragraph (1) 1 of
15subsection (a), and any material or equipment used or intended
16for use in photographing, filming, printing, producing,
17reproducing, manufacturing, projecting, exhibiting, depiction
18by computer, or disseminating such material shall be seized
19and forfeited in the manner, method and procedure provided by
20Section 36-1 of this Code for the seizure and forfeiture of
21vessels, vehicles and aircraft.
22    In addition, any person convicted under this Section is
23subject to the property forfeiture provisions set forth in
24Article 124B of the Code of Criminal Procedure of 1963.
25    (e-5) Upon the conclusion of a case brought under this
26Section, the court shall seal all evidence depicting a victim

 

 

SB1576- 76 -LRB103 26117 RLC 52472 b

1or witness that is sexually explicit. The evidence may be
2unsealed and viewed, on a motion of the party seeking to unseal
3and view the evidence, only for good cause shown and in the
4discretion of the court. The motion must expressly set forth
5the purpose for viewing the material. The State's Attorney
6attorney and the victim, if possible, shall be provided
7reasonable notice of the hearing on the motion to unseal the
8evidence. Any person entitled to notice of a hearing under
9this subsection (e-5) may object to the motion.
10    (f) Definitions. For the purposes of this Section:
11        (1) "Disseminate" means (i) to sell, distribute,
12    exchange or transfer possession, whether with or without
13    consideration or (ii) to make a depiction by computer
14    available for distribution or downloading through the
15    facilities of any telecommunications network or through
16    any other means of transferring computer programs or data
17    to a computer.
18        (2) "Produce" means to direct, promote, advertise,
19    publish, manufacture, issue, present or show.
20        (3) "Reproduce" means to make a duplication or copy.
21        (4) "Depict by computer" means to generate or create,
22    or cause to be created or generated, a computer program or
23    data that, after being processed by a computer either
24    alone or in conjunction with one or more computer
25    programs, results in a visual depiction on a computer
26    monitor, screen, or display.

 

 

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

 

 

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1    disability.
2    (g) Re-enactment; findings; purposes.
3        (1) The General Assembly finds and declares that:
4            (i) Section 50-5 of Public Act 88-680, effective
5        January 1, 1995, contained provisions amending the
6        child sexual abuse material pornography statute,
7        Section 11-20.1 of the Criminal Code of 1961. Section
8        50-5 also contained other provisions.
9            (ii) In addition, Public Act 88-680 was entitled
10        "AN ACT to create a Safe Neighborhoods Law". (A)
11        Article 5 was entitled JUVENILE JUSTICE and amended
12        the Juvenile Court Act of 1987. (B) Article 15 was
13        entitled GANGS and amended various provisions of the
14        Criminal Code of 1961 and the Unified Code of
15        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
16        and amended various provisions of the Illinois Vehicle
17        Code. (D) Article 25 was entitled DRUG ABUSE and
18        amended the Cannabis Control Act and the Illinois
19        Controlled Substances Act. (E) Article 30 was entitled
20        FIREARMS and amended the Criminal Code of 1961 and the
21        Code of Criminal Procedure of 1963. (F) Article 35
22        amended the Criminal Code of 1961, the Rights of Crime
23        Victims and Witnesses Act, and the Unified Code of
24        Corrections. (G) Article 40 amended the Criminal Code
25        of 1961 to increase the penalty for compelling
26        organization membership of persons. (H) Article 45

 

 

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

 

 

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1    Public Act 88-680 by re-enacting the Section relating to
2    child sexual abuse material pornography that was included
3    in Public Act 88-680.
4        (3) This amendatory Act of 1999 re-enacts Section
5    11-20.1 of the Criminal Code of 1961, as it has been
6    amended. This re-enactment is intended to remove any
7    question as to the validity or content of that Section; it
8    is not intended to supersede any other Public Act that
9    amends the text of the Section as set forth in this
10    amendatory Act of 1999. The material is shown as existing
11    text (i.e., without underscoring) because, as of the time
12    this amendatory Act of 1999 was prepared, People v. Dainty
13    was subject to appeal to the Illinois Supreme Court.
14        (4) The re-enactment by this amendatory Act of 1999 of
15    Section 11-20.1 of the Criminal Code of 1961 relating to
16    child sexual abuse material pornography that was amended
17    by Public Act 88-680 is not intended, and shall not be
18    construed, to imply that Public Act 88-680 is invalid or
19    to limit or impair any legal argument concerning whether
20    those provisions were substantially re-enacted by other
21    Public Acts.
22(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
 
23    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
24    Sec. 11-20.2. Duty of commercial film and photographic
25print processors or computer technicians to report sexual

 

 

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1depiction of children.
2    (a) Any commercial film and photographic print processor
3or computer technician who has knowledge of or observes,
4within the scope of his professional capacity or employment,
5any film, photograph, videotape, negative, slide, computer
6hard drive or any other magnetic or optical media which
7depicts a child whom the processor or computer technician
8knows or reasonably should know to be under the age of 18 where
9such child is:
10        (i) actually or by simulation engaged in any act of
11    sexual penetration or sexual conduct with any person or
12    animal; or
13        (ii) actually or by simulation engaged in any act of
14    sexual penetration or sexual conduct involving the sex
15    organs of the child and the mouth, anus, or sex organs of
16    another person or animal; or which involves the mouth,
17    anus or sex organs of the child and the sex organs of
18    another person or animal; or
19        (iii) actually or by simulation engaged in any act of
20    masturbation; or
21        (iv) actually or by simulation portrayed as being the
22    object of, or otherwise engaged in, any act of lewd
23    fondling, touching, or caressing involving another person
24    or animal; or
25        (v) actually or by simulation engaged in any act of
26    excretion or urination within a sexual context; or

 

 

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1        (vi) actually or by simulation portrayed or depicted
2    as bound, fettered, or subject to sadistic, masochistic,
3    or sadomasochistic abuse in any sexual context; or
4        (vii) depicted or portrayed in any pose, posture or
5    setting involving a lewd exhibition of the unclothed or
6    transparently clothed genitals, pubic area, buttocks, or,
7    if such person is female, a fully or partially developed
8    breast of the child or other person;
9shall report or cause a report to be made pursuant to
10subsections (b) and (c) as soon as reasonably possible.
11Failure to make such report shall be a business offense with a
12fine of $1,000.
13    (b) Commercial film and photographic film processors shall
14report or cause a report to be made to the local law
15enforcement agency of the jurisdiction in which the image or
16images described in subsection (a) are discovered.
17    (c) Computer technicians shall report or cause the report
18to be made to the local law enforcement agency of the
19jurisdiction in which the image or images described in
20subsection (a) are discovered or to the Illinois Child
21Exploitation e-Tipline at reportchildporn@atg.state.il.us.
22    (d) Reports required by this Act shall include the
23following information: (i) name, address, and telephone number
24of the person filing the report; (ii) the employer of the
25person filing the report, if any; (iii) the name, address and
26telephone number of the person whose property is the subject

 

 

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1of the report, if known; (iv) the circumstances which led to
2the filing of the report, including a description of the
3reported content.
4    (e) If a report is filed with the Cyber Tipline at the
5National Center for Missing and Exploited Children or in
6accordance with the requirements of 42 U.S.C. 13032, the
7requirements of this Act will be deemed to have been met.
8    (f) A computer technician or an employer caused to report
9child sexual abuse material pornography under this Section is
10immune from any criminal, civil, or administrative liability
11in connection with making the report, except for willful or
12wanton misconduct.
13    (g) For the purposes of this Section, a "computer
14technician" is a person who installs, maintains,
15troubleshoots, repairs or upgrades computer hardware,
16software, computer networks, peripheral equipment, electronic
17mail systems, or provides user assistance for any of the
18aforementioned tasks.
19(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
 
20    (720 ILCS 5/11-23)
21    Sec. 11-23. Posting of identifying or graphic information
22on a pornographic Internet site or possessing graphic
23information with pornographic material.
24    (a) A person at least 17 years of age who knowingly
25discloses on an adult obscenity or child sexual abuse material

 

 

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1pornography Internet site the name, address, telephone number,
2or e-mail address of a person under 17 years of age at the time
3of the commission of the offense or of a person at least 17
4years of age without the consent of the person at least 17
5years of age is guilty of posting of identifying information
6on a pornographic Internet site.
7    (a-5) Any person who knowingly places, posts, reproduces,
8or maintains on an adult obscenity or child sexual abuse
9material pornography Internet site a photograph, video, or
10digital image of a person under 18 years of age that is not
11child sexual abuse material pornography under Section 11-20.1,
12without the knowledge and consent of the person under 18 years
13of age, is guilty of posting of graphic information on a
14pornographic Internet site. This provision applies even if the
15person under 18 years of age is fully or properly clothed in
16the photograph, video, or digital image.
17    (a-10) Any person who knowingly places, posts, reproduces,
18or maintains on an adult obscenity or child sexual abuse
19material pornography Internet site, or possesses with obscene
20or child pornographic material a photograph, video, or digital
21image of a person under 18 years of age in which the child is
22posed in a suggestive manner with the focus or concentration
23of the image on the child's clothed genitals, clothed pubic
24area, clothed buttocks area, or if the child is female, the
25breast exposed through transparent clothing, and the
26photograph, video, or digital image is not child sexual abuse

 

 

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1material pornography under Section 11-20.1, is guilty of
2posting of graphic information on a pornographic Internet site
3or possessing graphic information with pornographic material.
4    (b) Sentence. A person who violates subsection (a) of this
5Section is guilty of a Class 4 felony if the victim is at least
617 years of age at the time of the offense and a Class 3 felony
7if the victim is under 17 years of age at the time of the
8offense. A person who violates subsection (a-5) of this
9Section is guilty of a Class 4 felony. A person who violates
10subsection (a-10) of this Section is guilty of a Class 3
11felony.
12    (c) Definitions. For purposes of this Section:
13        (1) "Adult obscenity or child sexual abuse material
14    pornography Internet site" means a site on the Internet
15    that contains material that is obscene as defined in
16    Section 11-20 of this Code or that is child sexual abuse
17    material pornography as defined in Section 11-20.1 of this
18    Code.
19        (2) "Internet" has the meaning set forth in Section
20    16-0.1 of this Code.
21(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
22    (720 ILCS 5/11-25)
23    Sec. 11-25. Grooming.
24    (a) A person commits grooming when he or she knowingly:
25        (1) uses a computer on-line service, Internet service,

 

 

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1    local bulletin board service, or any other device capable
2    of electronic data storage or transmission, performs an
3    act in person or by conduct through a third party, or uses
4    written communication to seduce, solicit, lure, or entice,
5    or attempt to seduce, solicit, lure, or entice, a child, a
6    child's guardian, or another person believed by the person
7    to be a child or a child's guardian, to commit any sex
8    offense as defined in Section 2 of the Sex Offender
9    Registration Act, to distribute photographs depicting the
10    sex organs of the child, or to otherwise engage in any
11    unlawful sexual conduct with a child or with another
12    person believed by the person to be a child; or .
13        (2) engages in a pattern of conduct that seduces,
14    solicits, lures, or entices, or attempts to seduce,
15    solicit, lure, or entice, a child to engage or participate
16    in unlawful sexual conduct that is for the purpose of
17    sexual gratification or arousal of the victim, the
18    accused, or another.
19    (a-5) As used in this Section: ,
20    "Child" "child" means a person under 17 years of age.
21    "Pattern" means 2 or more instances of conduct.
22    "Sex offense" means any violation of Article 11 of this
23Code.
24    "Sexual conduct" means masturbation, sexual conduct, or
25sexual penetration as defined in Section 11-0.1 of this Code.
26    (a-6) Illinois has a compelling interest in effective

 

 

SB1576- 87 -LRB103 26117 RLC 52472 b

1education and "grooming" does not include conduct that serves
2a legitimate educational purpose pursuant to Section 27-9.1a
3of the School Code.
4    (b) Sentence. Grooming is a Class 3 4 felony.
5(Source: P.A. 102-676, eff. 6-1-22.)
 
6    (720 ILCS 5/14-3)
7    Sec. 14-3. Exemptions. The following activities shall be
8exempt from the provisions of this Article:
9        (a) Listening to radio, wireless electronic
10    communications, and television communications of any sort
11    where the same are publicly made;
12        (b) Hearing conversation when heard by employees of
13    any common carrier by wire incidental to the normal course
14    of their employment in the operation, maintenance or
15    repair of the equipment of such common carrier by wire so
16    long as no information obtained thereby is used or
17    divulged by the hearer;
18        (c) Any broadcast by radio, television or otherwise
19    whether it be a broadcast or recorded for the purpose of
20    later broadcasts of any function where the public is in
21    attendance and the conversations are overheard incidental
22    to the main purpose for which such broadcasts are then
23    being made;
24        (d) Recording or listening with the aid of any device
25    to any emergency communication made in the normal course

 

 

SB1576- 88 -LRB103 26117 RLC 52472 b

1    of operations by any federal, state or local law
2    enforcement agency or institutions dealing in emergency
3    services, including, but not limited to, hospitals,
4    clinics, ambulance services, fire fighting agencies, any
5    public utility, emergency repair facility, civilian
6    defense establishment or military installation;
7        (e) Recording the proceedings of any meeting required
8    to be open by the Open Meetings Act, as amended;
9        (f) Recording or listening with the aid of any device
10    to incoming telephone calls of phone lines publicly listed
11    or advertised as consumer "hotlines" by manufacturers or
12    retailers of food and drug products. Such recordings must
13    be destroyed, erased or turned over to local law
14    enforcement authorities within 24 hours from the time of
15    such recording and shall not be otherwise disseminated.
16    Failure on the part of the individual or business
17    operating any such recording or listening device to comply
18    with the requirements of this subsection shall eliminate
19    any civil or criminal immunity conferred upon that
20    individual or business by the operation of this Section;
21        (g) With prior notification to the State's Attorney of
22    the county in which it is to occur, recording or listening
23    with the aid of any device to any conversation where a law
24    enforcement officer, or any person acting at the direction
25    of law enforcement, is a party to the conversation and has
26    consented to it being intercepted or recorded under

 

 

SB1576- 89 -LRB103 26117 RLC 52472 b

1    circumstances where the use of the device is necessary for
2    the protection of the law enforcement officer or any
3    person acting at the direction of law enforcement, in the
4    course of an investigation of a forcible felony, a felony
5    offense of involuntary servitude, involuntary sexual
6    servitude of a minor, or trafficking in persons under
7    Section 10-9 of this Code, an offense involving
8    prostitution, solicitation of a sexual act, or pandering,
9    a felony violation of the Illinois Controlled Substances
10    Act, a felony violation of the Cannabis Control Act, a
11    felony violation of the Methamphetamine Control and
12    Community Protection Act, any "streetgang related" or
13    "gang-related" felony as those terms are defined in the
14    Illinois Streetgang Terrorism Omnibus Prevention Act, or
15    any felony offense involving any weapon listed in
16    paragraphs (1) through (11) of subsection (a) of Section
17    24-1 of this Code. Any recording or evidence derived as
18    the result of this exemption shall be inadmissible in any
19    proceeding, criminal, civil or administrative, except (i)
20    where a party to the conversation suffers great bodily
21    injury or is killed during such conversation, or (ii) when
22    used as direct impeachment of a witness concerning matters
23    contained in the interception or recording. The Director
24    of the Illinois State Police shall issue regulations as
25    are necessary concerning the use of devices, retention of
26    tape recordings, and reports regarding their use;

 

 

SB1576- 90 -LRB103 26117 RLC 52472 b

1        (g-5) (Blank);
2        (g-6) With approval of the State's Attorney of the
3    county in which it is to occur, recording or listening
4    with the aid of any device to any conversation where a law
5    enforcement officer, or any person acting at the direction
6    of law enforcement, is a party to the conversation and has
7    consented to it being intercepted or recorded in the
8    course of an investigation of child sexual abuse material
9    pornography, aggravated child sexual abuse material
10    pornography, indecent solicitation of a child, luring of a
11    minor, sexual exploitation of a child, aggravated criminal
12    sexual abuse in which the victim of the offense was at the
13    time of the commission of the offense under 18 years of
14    age, or criminal sexual abuse by force or threat of force
15    in which the victim of the offense was at the time of the
16    commission of the offense under 18 years of age. In all
17    such cases, an application for an order approving the
18    previous or continuing use of an eavesdropping device must
19    be made within 48 hours of the commencement of such use. In
20    the absence of such an order, or upon its denial, any
21    continuing use shall immediately terminate. The Director
22    of the Illinois State Police shall issue rules as are
23    necessary concerning the use of devices, retention of
24    recordings, and reports regarding their use. Any recording
25    or evidence obtained or derived in the course of an
26    investigation of child sexual abuse material pornography,

 

 

SB1576- 91 -LRB103 26117 RLC 52472 b

1    aggravated child pornography, indecent solicitation of a
2    child, luring of a minor, sexual exploitation of a child,
3    aggravated criminal sexual abuse in which the victim of
4    the offense was at the time of the commission of the
5    offense under 18 years of age, or criminal sexual abuse by
6    force or threat of force in which the victim of the offense
7    was at the time of the commission of the offense under 18
8    years of age shall, upon motion of the State's Attorney or
9    Attorney General prosecuting any case involving child
10    sexual abuse material pornography, aggravated child
11    pornography, indecent solicitation of a child, luring of a
12    minor, sexual exploitation of a child, aggravated criminal
13    sexual abuse in which the victim of the offense was at the
14    time of the commission of the offense under 18 years of
15    age, or criminal sexual abuse by force or threat of force
16    in which the victim of the offense was at the time of the
17    commission of the offense under 18 years of age be
18    reviewed in camera with notice to all parties present by
19    the court presiding over the criminal case, and, if ruled
20    by the court to be relevant and otherwise admissible, it
21    shall be admissible at the trial of the criminal case.
22    Absent such a ruling, any such recording or evidence shall
23    not be admissible at the trial of the criminal case;
24        (h) Recordings made simultaneously with the use of an
25    in-car video camera recording of an oral conversation
26    between a uniformed peace officer, who has identified his

 

 

SB1576- 92 -LRB103 26117 RLC 52472 b

1    or her office, and a person in the presence of the peace
2    officer whenever (i) an officer assigned a patrol vehicle
3    is conducting an enforcement stop; or (ii) patrol vehicle
4    emergency lights are activated or would otherwise be
5    activated if not for the need to conceal the presence of
6    law enforcement.
7        For the purposes of this subsection (h), "enforcement
8    stop" means an action by a law enforcement officer in
9    relation to enforcement and investigation duties,
10    including but not limited to, traffic stops, pedestrian
11    stops, abandoned vehicle contacts, motorist assists,
12    commercial motor vehicle stops, roadside safety checks,
13    requests for identification, or responses to requests for
14    emergency assistance;
15        (h-5) Recordings of utterances made by a person while
16    in the presence of a uniformed peace officer and while an
17    occupant of a police vehicle including, but not limited
18    to, (i) recordings made simultaneously with the use of an
19    in-car video camera and (ii) recordings made in the
20    presence of the peace officer utilizing video or audio
21    systems, or both, authorized by the law enforcement
22    agency;
23        (h-10) Recordings made simultaneously with a video
24    camera recording during the use of a taser or similar
25    weapon or device by a peace officer if the weapon or device
26    is equipped with such camera;

 

 

SB1576- 93 -LRB103 26117 RLC 52472 b

1        (h-15) Recordings made under subsection (h), (h-5), or
2    (h-10) shall be retained by the law enforcement agency
3    that employs the peace officer who made the recordings for
4    a storage period of 90 days, unless the recordings are
5    made as a part of an arrest or the recordings are deemed
6    evidence in any criminal, civil, or administrative
7    proceeding and then the recordings must only be destroyed
8    upon a final disposition and an order from the court.
9    Under no circumstances shall any recording be altered or
10    erased prior to the expiration of the designated storage
11    period. Upon completion of the storage period, the
12    recording medium may be erased and reissued for
13    operational use;
14        (i) Recording of a conversation made by or at the
15    request of a person, not a law enforcement officer or
16    agent of a law enforcement officer, who is a party to the
17    conversation, under reasonable suspicion that another
18    party to the conversation is committing, is about to
19    commit, or has committed a criminal offense against the
20    person or a member of his or her immediate household, and
21    there is reason to believe that evidence of the criminal
22    offense may be obtained by the recording;
23        (j) The use of a telephone monitoring device by either
24    (1) a corporation or other business entity engaged in
25    marketing or opinion research or (2) a corporation or
26    other business entity engaged in telephone solicitation,

 

 

SB1576- 94 -LRB103 26117 RLC 52472 b

1    as defined in this subsection, to record or listen to oral
2    telephone solicitation conversations or marketing or
3    opinion research conversations by an employee of the
4    corporation or other business entity when:
5            (i) the monitoring is used for the purpose of
6        service quality control of marketing or opinion
7        research or telephone solicitation, the education or
8        training of employees or contractors engaged in
9        marketing or opinion research or telephone
10        solicitation, or internal research related to
11        marketing or opinion research or telephone
12        solicitation; and
13            (ii) the monitoring is used with the consent of at
14        least one person who is an active party to the
15        marketing or opinion research conversation or
16        telephone solicitation conversation being monitored.
17        No communication or conversation or any part, portion,
18    or aspect of the communication or conversation made,
19    acquired, or obtained, directly or indirectly, under this
20    exemption (j), may be, directly or indirectly, furnished
21    to any law enforcement officer, agency, or official for
22    any purpose or used in any inquiry or investigation, or
23    used, directly or indirectly, in any administrative,
24    judicial, or other proceeding, or divulged to any third
25    party.
26        When recording or listening authorized by this

 

 

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1    subsection (j) on telephone lines used for marketing or
2    opinion research or telephone solicitation purposes
3    results in recording or listening to a conversation that
4    does not relate to marketing or opinion research or
5    telephone solicitation; the person recording or listening
6    shall, immediately upon determining that the conversation
7    does not relate to marketing or opinion research or
8    telephone solicitation, terminate the recording or
9    listening and destroy any such recording as soon as is
10    practicable.
11        Business entities that use a telephone monitoring or
12    telephone recording system pursuant to this exemption (j)
13    shall provide current and prospective employees with
14    notice that the monitoring or recordings may occur during
15    the course of their employment. The notice shall include
16    prominent signage notification within the workplace.
17        Business entities that use a telephone monitoring or
18    telephone recording system pursuant to this exemption (j)
19    shall provide their employees or agents with access to
20    personal-only telephone lines, which may be pay
21    telephones, that are not subject to telephone monitoring
22    or telephone recording.
23        For the purposes of this subsection (j), "telephone
24    solicitation" means a communication through the use of a
25    telephone by live operators:
26            (i) soliciting the sale of goods or services;

 

 

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1            (ii) receiving orders for the sale of goods or
2        services;
3            (iii) assisting in the use of goods or services;
4        or
5            (iv) engaging in the solicitation, administration,
6        or collection of bank or retail credit accounts.
7        For the purposes of this subsection (j), "marketing or
8    opinion research" means a marketing or opinion research
9    interview conducted by a live telephone interviewer
10    engaged by a corporation or other business entity whose
11    principal business is the design, conduct, and analysis of
12    polls and surveys measuring the opinions, attitudes, and
13    responses of respondents toward products and services, or
14    social or political issues, or both;
15        (k) Electronic recordings, including but not limited
16    to, a motion picture, videotape, digital, or other visual
17    or audio recording, made of a custodial interrogation of
18    an individual at a police station or other place of
19    detention by a law enforcement officer under Section
20    5-401.5 of the Juvenile Court Act of 1987 or Section
21    103-2.1 of the Code of Criminal Procedure of 1963;
22        (l) Recording the interview or statement of any person
23    when the person knows that the interview is being
24    conducted by a law enforcement officer or prosecutor and
25    the interview takes place at a police station that is
26    currently participating in the Custodial Interview Pilot

 

 

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1    Program established under the Illinois Criminal Justice
2    Information Act;
3        (m) An electronic recording, including but not limited
4    to, a motion picture, videotape, digital, or other visual
5    or audio recording, made of the interior of a school bus
6    while the school bus is being used in the transportation
7    of students to and from school and school-sponsored
8    activities, when the school board has adopted a policy
9    authorizing such recording, notice of such recording
10    policy is included in student handbooks and other
11    documents including the policies of the school, notice of
12    the policy regarding recording is provided to parents of
13    students, and notice of such recording is clearly posted
14    on the door of and inside the school bus.
15        Recordings made pursuant to this subsection (m) shall
16    be confidential records and may only be used by school
17    officials (or their designees) and law enforcement
18    personnel for investigations, school disciplinary actions
19    and hearings, proceedings under the Juvenile Court Act of
20    1987, and criminal prosecutions, related to incidents
21    occurring in or around the school bus;
22        (n) Recording or listening to an audio transmission
23    from a microphone placed by a person under the authority
24    of a law enforcement agency inside a bait car surveillance
25    vehicle while simultaneously capturing a photographic or
26    video image;

 

 

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1        (o) The use of an eavesdropping camera or audio device
2    during an ongoing hostage or barricade situation by a law
3    enforcement officer or individual acting on behalf of a
4    law enforcement officer when the use of such device is
5    necessary to protect the safety of the general public,
6    hostages, or law enforcement officers or anyone acting on
7    their behalf;
8        (p) Recording or listening with the aid of any device
9    to incoming telephone calls of phone lines publicly listed
10    or advertised as the "CPS Violence Prevention Hotline",
11    but only where the notice of recording is given at the
12    beginning of each call as required by Section 34-21.8 of
13    the School Code. The recordings may be retained only by
14    the Chicago Police Department or other law enforcement
15    authorities, and shall not be otherwise retained or
16    disseminated;
17        (q)(1) With prior request to and written or verbal
18    approval of the State's Attorney of the county in which
19    the conversation is anticipated to occur, recording or
20    listening with the aid of an eavesdropping device to a
21    conversation in which a law enforcement officer, or any
22    person acting at the direction of a law enforcement
23    officer, is a party to the conversation and has consented
24    to the conversation being intercepted or recorded in the
25    course of an investigation of a qualified offense. The
26    State's Attorney may grant this approval only after

 

 

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1    determining that reasonable cause exists to believe that
2    inculpatory conversations concerning a qualified offense
3    will occur with a specified individual or individuals
4    within a designated period of time.
5        (2) Request for approval. To invoke the exception
6    contained in this subsection (q), a law enforcement
7    officer shall make a request for approval to the
8    appropriate State's Attorney. The request may be written
9    or verbal; however, a written memorialization of the
10    request must be made by the State's Attorney. This request
11    for approval shall include whatever information is deemed
12    necessary by the State's Attorney but shall include, at a
13    minimum, the following information about each specified
14    individual whom the law enforcement officer believes will
15    commit a qualified offense:
16            (A) his or her full or partial name, nickname or
17        alias;
18            (B) a physical description; or
19            (C) failing either (A) or (B) of this paragraph
20        (2), any other supporting information known to the law
21        enforcement officer at the time of the request that
22        gives rise to reasonable cause to believe that the
23        specified individual will participate in an
24        inculpatory conversation concerning a qualified
25        offense.
26        (3) Limitations on approval. Each written approval by

 

 

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1    the State's Attorney under this subsection (q) shall be
2    limited to:
3            (A) a recording or interception conducted by a
4        specified law enforcement officer or person acting at
5        the direction of a law enforcement officer;
6            (B) recording or intercepting conversations with
7        the individuals specified in the request for approval,
8        provided that the verbal approval shall be deemed to
9        include the recording or intercepting of conversations
10        with other individuals, unknown to the law enforcement
11        officer at the time of the request for approval, who
12        are acting in conjunction with or as co-conspirators
13        with the individuals specified in the request for
14        approval in the commission of a qualified offense;
15            (C) a reasonable period of time but in no event
16        longer than 24 consecutive hours;
17            (D) the written request for approval, if
18        applicable, or the written memorialization must be
19        filed, along with the written approval, with the
20        circuit clerk of the jurisdiction on the next business
21        day following the expiration of the authorized period
22        of time, and shall be subject to review by the Chief
23        Judge or his or her designee as deemed appropriate by
24        the court.
25        (3.5) The written memorialization of the request for
26    approval and the written approval by the State's Attorney

 

 

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1    may be in any format, including via facsimile, email, or
2    otherwise, so long as it is capable of being filed with the
3    circuit clerk.
4        (3.10) Beginning March 1, 2015, each State's Attorney
5    shall annually submit a report to the General Assembly
6    disclosing:
7            (A) the number of requests for each qualified
8        offense for approval under this subsection; and
9            (B) the number of approvals for each qualified
10        offense given by the State's Attorney.
11        (4) Admissibility of evidence. No part of the contents
12    of any wire, electronic, or oral communication that has
13    been recorded or intercepted as a result of this exception
14    may be received in evidence in any trial, hearing, or
15    other proceeding in or before any court, grand jury,
16    department, officer, agency, regulatory body, legislative
17    committee, or other authority of this State, or a
18    political subdivision of the State, other than in a
19    prosecution of:
20            (A) the qualified offense for which approval was
21        given to record or intercept a conversation under this
22        subsection (q);
23            (B) a forcible felony committed directly in the
24        course of the investigation of the qualified offense
25        for which approval was given to record or intercept a
26        conversation under this subsection (q); or

 

 

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1            (C) any other forcible felony committed while the
2        recording or interception was approved in accordance
3        with this subsection (q), but for this specific
4        category of prosecutions, only if the law enforcement
5        officer or person acting at the direction of a law
6        enforcement officer who has consented to the
7        conversation being intercepted or recorded suffers
8        great bodily injury or is killed during the commission
9        of the charged forcible felony.
10        (5) Compliance with the provisions of this subsection
11    is a prerequisite to the admissibility in evidence of any
12    part of the contents of any wire, electronic or oral
13    communication that has been intercepted as a result of
14    this exception, but nothing in this subsection shall be
15    deemed to prevent a court from otherwise excluding the
16    evidence on any other ground recognized by State or
17    federal law, nor shall anything in this subsection be
18    deemed to prevent a court from independently reviewing the
19    admissibility of the evidence for compliance with the
20    Fourth Amendment to the U.S. Constitution or with Article
21    I, Section 6 of the Illinois Constitution.
22        (6) Use of recordings or intercepts unrelated to
23    qualified offenses. Whenever any private conversation or
24    private electronic communication has been recorded or
25    intercepted as a result of this exception that is not
26    related to an offense for which the recording or intercept

 

 

SB1576- 103 -LRB103 26117 RLC 52472 b

1    is admissible under paragraph (4) of this subsection (q),
2    no part of the contents of the communication and evidence
3    derived from the communication may be received in evidence
4    in any trial, hearing, or other proceeding in or before
5    any court, grand jury, department, officer, agency,
6    regulatory body, legislative committee, or other authority
7    of this State, or a political subdivision of the State,
8    nor may it be publicly disclosed in any way.
9        (6.5) The Illinois State Police shall adopt rules as
10    are necessary concerning the use of devices, retention of
11    recordings, and reports regarding their use under this
12    subsection (q).
13        (7) Definitions. For the purposes of this subsection
14    (q) only:
15            "Forcible felony" includes and is limited to those
16        offenses contained in Section 2-8 of the Criminal Code
17        of 1961 as of the effective date of this amendatory Act
18        of the 97th General Assembly, and only as those
19        offenses have been defined by law or judicial
20        interpretation as of that date.
21            "Qualified offense" means and is limited to:
22                (A) a felony violation of the Cannabis Control
23            Act, the Illinois Controlled Substances Act, or
24            the Methamphetamine Control and Community
25            Protection Act, except for violations of:
26                    (i) Section 4 of the Cannabis Control Act;

 

 

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1                    (ii) Section 402 of the Illinois
2                Controlled Substances Act; and
3                    (iii) Section 60 of the Methamphetamine
4                Control and Community Protection Act; and
5                (B) first degree murder, solicitation of
6            murder for hire, predatory criminal sexual assault
7            of a child, criminal sexual assault, aggravated
8            criminal sexual assault, aggravated arson,
9            kidnapping, aggravated kidnapping, child
10            abduction, trafficking in persons, involuntary
11            servitude, involuntary sexual servitude of a
12            minor, or gunrunning.
13            "State's Attorney" includes and is limited to the
14        State's Attorney or an assistant State's Attorney
15        designated by the State's Attorney to provide verbal
16        approval to record or intercept conversations under
17        this subsection (q).
18        (8) Sunset. This subsection (q) is inoperative on and
19    after January 1, 2027. No conversations intercepted
20    pursuant to this subsection (q), while operative, shall be
21    inadmissible in a court of law by virtue of the
22    inoperability of this subsection (q) on January 1, 2027.
23        (9) Recordings, records, and custody. Any private
24    conversation or private electronic communication
25    intercepted by a law enforcement officer or a person
26    acting at the direction of law enforcement shall, if

 

 

SB1576- 105 -LRB103 26117 RLC 52472 b

1    practicable, be recorded in such a way as will protect the
2    recording from editing or other alteration. Any and all
3    original recordings made under this subsection (q) shall
4    be inventoried without unnecessary delay pursuant to the
5    law enforcement agency's policies for inventorying
6    evidence. The original recordings shall not be destroyed
7    except upon an order of a court of competent jurisdiction;
8    and
9        (r) Electronic recordings, including but not limited
10    to, motion picture, videotape, digital, or other visual or
11    audio recording, made of a lineup under Section 107A-2 of
12    the Code of Criminal Procedure of 1963.
13(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
14102-918, eff. 5-27-22.)
 
15    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
16    (Text of Section before amendment by P.A. 102-982)
17    Sec. 36-1. Property subject to forfeiture.
18    (a) Any vessel or watercraft, vehicle, or aircraft is
19subject to forfeiture under this Article if the vessel or
20watercraft, vehicle, or aircraft is used with the knowledge
21and consent of the owner in the commission of or in the attempt
22to commit as defined in Section 8-4 of this Code:
23        (1) an offense prohibited by Section 9-1 (first degree
24    murder), Section 9-3 (involuntary manslaughter and
25    reckless homicide), Section 10-2 (aggravated kidnaping),

 

 

SB1576- 106 -LRB103 26117 RLC 52472 b

1    Section 11-1.20 (criminal sexual assault), Section 11-1.30
2    (aggravated criminal sexual assault), Section 11-1.40
3    (predatory criminal sexual assault of a child), subsection
4    (a) of Section 11-1.50 (criminal sexual abuse), subsection
5    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
6    sexual abuse), Section 11-6 (indecent solicitation of a
7    child), Section 11-14.4 (promoting juvenile prostitution
8    except for keeping a place of juvenile prostitution),
9    Section 11-20.1 (child pornography), paragraph (a)(1),
10    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
11    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
12    (aggravated battery), Section 12-7.3 (stalking), Section
13    12-7.4 (aggravated stalking), Section 16-1 (theft if the
14    theft is of precious metal or of scrap metal), subdivision
15    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
16    18-2 (armed robbery), Section 19-1 (burglary), Section
17    19-2 (possession of burglary tools), Section 19-3
18    (residential burglary), Section 20-1 (arson; residential
19    arson; place of worship arson), Section 20-2 (possession
20    of explosives or explosive or incendiary devices),
21    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
22    of weapons), Section 24-1.2 (aggravated discharge of a
23    firearm), Section 24-1.2-5 (aggravated discharge of a
24    machine gun or a firearm equipped with a device designed
25    or used for silencing the report of a firearm), Section
26    24-1.5 (reckless discharge of a firearm), Section 28-1

 

 

SB1576- 107 -LRB103 26117 RLC 52472 b

1    (gambling), or Section 29D-15.2 (possession of a deadly
2    substance) of this Code;
3        (2) an offense prohibited by Section 21, 22, 23, 24 or
4    26 of the Cigarette Tax Act if the vessel or watercraft,
5    vehicle, or aircraft contains more than 10 cartons of such
6    cigarettes;
7        (3) an offense prohibited by Section 28, 29, or 30 of
8    the Cigarette Use Tax Act if the vessel or watercraft,
9    vehicle, or aircraft contains more than 10 cartons of such
10    cigarettes;
11        (4) an offense prohibited by Section 44 of the
12    Environmental Protection Act;
13        (5) an offense prohibited by Section 11-204.1 of the
14    Illinois Vehicle Code (aggravated fleeing or attempting to
15    elude a peace officer);
16        (6) an offense prohibited by Section 11-501 of the
17    Illinois Vehicle Code (driving while under the influence
18    of alcohol or other drug or drugs, intoxicating compound
19    or compounds or any combination thereof) or a similar
20    provision of a local ordinance, and:
21            (A) during a period in which his or her driving
22        privileges are revoked or suspended if the revocation
23        or suspension was for:
24                (i) Section 11-501 (driving under the
25            influence of alcohol or other drug or drugs,
26            intoxicating compound or compounds or any

 

 

SB1576- 108 -LRB103 26117 RLC 52472 b

1            combination thereof),
2                (ii) Section 11-501.1 (statutory summary
3            suspension or revocation),
4                (iii) paragraph (b) of Section 11-401 (motor
5            vehicle accidents involving death or personal
6            injuries), or
7                (iv) reckless homicide as defined in Section
8            9-3 of this Code;
9            (B) has been previously convicted of reckless
10        homicide or a similar provision of a law of another
11        state relating to reckless homicide in which the
12        person was determined to have been under the influence
13        of alcohol, other drug or drugs, or intoxicating
14        compound or compounds as an element of the offense or
15        the person has previously been convicted of committing
16        a violation of driving under the influence of alcohol
17        or other drug or drugs, intoxicating compound or
18        compounds or any combination thereof and was involved
19        in a motor vehicle accident that resulted in death,
20        great bodily harm, or permanent disability or
21        disfigurement to another, when the violation was a
22        proximate cause of the death or injuries;
23            (C) the person committed a violation of driving
24        under the influence of alcohol or other drug or drugs,
25        intoxicating compound or compounds or any combination
26        thereof under Section 11-501 of the Illinois Vehicle

 

 

SB1576- 109 -LRB103 26117 RLC 52472 b

1        Code or a similar provision for the third or
2        subsequent time;
3            (D) he or she did not possess a valid driver's
4        license or permit or a valid restricted driving permit
5        or a valid judicial driving permit or a valid
6        monitoring device driving permit; or
7            (E) he or she knew or should have known that the
8        vehicle he or she was driving was not covered by a
9        liability insurance policy;
10        (7) an offense described in subsection (g) of Section
11    6-303 of the Illinois Vehicle Code;
12        (8) an offense described in subsection (e) of Section
13    6-101 of the Illinois Vehicle Code; or
14        (9)(A) operating a watercraft under the influence of
15    alcohol, other drug or drugs, intoxicating compound or
16    compounds, or combination thereof under Section 5-16 of
17    the Boat Registration and Safety Act during a period in
18    which his or her privileges to operate a watercraft are
19    revoked or suspended and the revocation or suspension was
20    for operating a watercraft under the influence of alcohol,
21    other drug or drugs, intoxicating compound or compounds,
22    or combination thereof; (B) operating a watercraft under
23    the influence of alcohol, other drug or drugs,
24    intoxicating compound or compounds, or combination thereof
25    and has been previously convicted of reckless homicide or
26    a similar provision of a law in another state relating to

 

 

SB1576- 110 -LRB103 26117 RLC 52472 b

1    reckless homicide in which the person was determined to
2    have been under the influence of alcohol, other drug or
3    drugs, intoxicating compound or compounds, or combination
4    thereof as an element of the offense or the person has
5    previously been convicted of committing a violation of
6    operating a watercraft under the influence of alcohol,
7    other drug or drugs, intoxicating compound or compounds,
8    or combination thereof and was involved in an accident
9    that resulted in death, great bodily harm, or permanent
10    disability or disfigurement to another, when the violation
11    was a proximate cause of the death or injuries; or (C) the
12    person committed a violation of operating a watercraft
13    under the influence of alcohol, other drug or drugs,
14    intoxicating compound or compounds, or combination thereof
15    under Section 5-16 of the Boat Registration and Safety Act
16    or a similar provision for the third or subsequent time.
17    (b) In addition, any mobile or portable equipment used in
18the commission of an act which is in violation of Section 7g of
19the Metropolitan Water Reclamation District Act shall be
20subject to seizure and forfeiture under the same procedures
21provided in this Article for the seizure and forfeiture of
22vessels or watercraft, vehicles, and aircraft, and any such
23equipment shall be deemed a vessel or watercraft, vehicle, or
24aircraft for purposes of this Article.
25    (c) In addition, when a person discharges a firearm at
26another individual from a vehicle with the knowledge and

 

 

SB1576- 111 -LRB103 26117 RLC 52472 b

1consent of the owner of the vehicle and with the intent to
2cause death or great bodily harm to that individual and as a
3result causes death or great bodily harm to that individual,
4the vehicle shall be subject to seizure and forfeiture under
5the same procedures provided in this Article for the seizure
6and forfeiture of vehicles used in violations of clauses (1),
7(2), (3), or (4) of subsection (a) of this Section.
8    (d) If the spouse of the owner of a vehicle seized for an
9offense described in subsection (g) of Section 6-303 of the
10Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
11(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1211-501 of the Illinois Vehicle Code, or Section 9-3 of this
13Code makes a showing that the seized vehicle is the only source
14of transportation and it is determined that the financial
15hardship to the family as a result of the seizure outweighs the
16benefit to the State from the seizure, the vehicle may be
17forfeited to the spouse or family member and the title to the
18vehicle shall be transferred to the spouse or family member
19who is properly licensed and who requires the use of the
20vehicle for employment or family transportation purposes. A
21written declaration of forfeiture of a vehicle under this
22Section shall be sufficient cause for the title to be
23transferred to the spouse or family member. The provisions of
24this paragraph shall apply only to one forfeiture per vehicle.
25If the vehicle is the subject of a subsequent forfeiture
26proceeding by virtue of a subsequent conviction of either

 

 

SB1576- 112 -LRB103 26117 RLC 52472 b

1spouse or the family member, the spouse or family member to
2whom the vehicle was forfeited under the first forfeiture
3proceeding may not utilize the provisions of this paragraph in
4another forfeiture proceeding. If the owner of the vehicle
5seized owns more than one vehicle, the procedure set out in
6this paragraph may be used for only one vehicle.
7    (e) In addition, property subject to forfeiture under
8Section 40 of the Illinois Streetgang Terrorism Omnibus
9Prevention Act may be seized and forfeited under this Article.
10(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
11    (Text of Section after amendment by P.A. 102-982)
12    Sec. 36-1. Property subject to forfeiture.
13    (a) Any vessel or watercraft, vehicle, or aircraft is
14subject to forfeiture under this Article if the vessel or
15watercraft, vehicle, or aircraft is used with the knowledge
16and consent of the owner in the commission of or in the attempt
17to commit as defined in Section 8-4 of this Code:
18        (1) an offense prohibited by Section 9-1 (first degree
19    murder), Section 9-3 (involuntary manslaughter and
20    reckless homicide), Section 10-2 (aggravated kidnaping),
21    Section 11-1.20 (criminal sexual assault), Section 11-1.30
22    (aggravated criminal sexual assault), Section 11-1.40
23    (predatory criminal sexual assault of a child), subsection
24    (a) of Section 11-1.50 (criminal sexual abuse), subsection
25    (a), (c), or (d) of Section 11-1.60 (aggravated criminal

 

 

SB1576- 113 -LRB103 26117 RLC 52472 b

1    sexual abuse), Section 11-6 (indecent solicitation of a
2    child), Section 11-14.4 (promoting juvenile prostitution
3    except for keeping a place of juvenile prostitution),
4    Section 11-20.1 (child sexual abuse material pornography),
5    paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1),
6    (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of
7    Section 12-3.05 (aggravated battery), Section 12-7.3
8    (stalking), Section 12-7.4 (aggravated stalking), Section
9    16-1 (theft if the theft is of precious metal or of scrap
10    metal), subdivision (f)(2) or (f)(3) of Section 16-25
11    (retail theft), Section 18-2 (armed robbery), Section 19-1
12    (burglary), Section 19-2 (possession of burglary tools),
13    Section 19-3 (residential burglary), Section 20-1 (arson;
14    residential arson; place of worship arson), Section 20-2
15    (possession of explosives or explosive or incendiary
16    devices), subdivision (a)(6) or (a)(7) of Section 24-1
17    (unlawful use of weapons), Section 24-1.2 (aggravated
18    discharge of a firearm), Section 24-1.2-5 (aggravated
19    discharge of a machine gun or a firearm equipped with a
20    device designed or used for silencing the report of a
21    firearm), Section 24-1.5 (reckless discharge of a
22    firearm), Section 28-1 (gambling), or Section 29D-15.2
23    (possession of a deadly substance) of this Code;
24        (2) an offense prohibited by Section 21, 22, 23, 24 or
25    26 of the Cigarette Tax Act if the vessel or watercraft,
26    vehicle, or aircraft contains more than 10 cartons of such

 

 

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1    cigarettes;
2        (3) an offense prohibited by Section 28, 29, or 30 of
3    the Cigarette Use Tax Act if the vessel or watercraft,
4    vehicle, or aircraft contains more than 10 cartons of such
5    cigarettes;
6        (4) an offense prohibited by Section 44 of the
7    Environmental Protection Act;
8        (5) an offense prohibited by Section 11-204.1 of the
9    Illinois Vehicle Code (aggravated fleeing or attempting to
10    elude a peace officer);
11        (6) an offense prohibited by Section 11-501 of the
12    Illinois Vehicle Code (driving while under the influence
13    of alcohol or other drug or drugs, intoxicating compound
14    or compounds or any combination thereof) or a similar
15    provision of a local ordinance, and:
16            (A) during a period in which his or her driving
17        privileges are revoked or suspended if the revocation
18        or suspension was for:
19                (i) Section 11-501 (driving under the
20            influence of alcohol or other drug or drugs,
21            intoxicating compound or compounds or any
22            combination thereof),
23                (ii) Section 11-501.1 (statutory summary
24            suspension or revocation),
25                (iii) paragraph (b) of Section 11-401 (motor
26            vehicle crashes involving death or personal

 

 

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1            injuries), or
2                (iv) reckless homicide as defined in Section
3            9-3 of this Code;
4            (B) has been previously convicted of reckless
5        homicide or a similar provision of a law of another
6        state relating to reckless homicide in which the
7        person was determined to have been under the influence
8        of alcohol, other drug or drugs, or intoxicating
9        compound or compounds as an element of the offense or
10        the person has previously been convicted of committing
11        a violation of driving under the influence of alcohol
12        or other drug or drugs, intoxicating compound or
13        compounds or any combination thereof and was involved
14        in a motor vehicle crash that resulted in death, great
15        bodily harm, or permanent disability or disfigurement
16        to another, when the violation was a proximate cause
17        of the death or injuries;
18            (C) the person committed a violation of driving
19        under the influence of alcohol or other drug or drugs,
20        intoxicating compound or compounds or any combination
21        thereof under Section 11-501 of the Illinois Vehicle
22        Code or a similar provision for the third or
23        subsequent time;
24            (D) he or she did not possess a valid driver's
25        license or permit or a valid restricted driving permit
26        or a valid judicial driving permit or a valid

 

 

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1        monitoring device driving permit; or
2            (E) he or she knew or should have known that the
3        vehicle he or she was driving was not covered by a
4        liability insurance policy;
5        (7) an offense described in subsection (g) of Section
6    6-303 of the Illinois Vehicle Code;
7        (8) an offense described in subsection (e) of Section
8    6-101 of the Illinois Vehicle Code; or
9        (9)(A) operating a watercraft under the influence of
10    alcohol, other drug or drugs, intoxicating compound or
11    compounds, or combination thereof under Section 5-16 of
12    the Boat Registration and Safety Act during a period in
13    which his or her privileges to operate a watercraft are
14    revoked or suspended and the revocation or suspension was
15    for operating a watercraft under the influence of alcohol,
16    other drug or drugs, intoxicating compound or compounds,
17    or combination thereof; (B) operating a watercraft under
18    the influence of alcohol, other drug or drugs,
19    intoxicating compound or compounds, or combination thereof
20    and has been previously convicted of reckless homicide or
21    a similar provision of a law in another state relating to
22    reckless homicide in which the person was determined to
23    have been under the influence of alcohol, other drug or
24    drugs, intoxicating compound or compounds, or combination
25    thereof as an element of the offense or the person has
26    previously been convicted of committing a violation of

 

 

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1    operating a watercraft under the influence of alcohol,
2    other drug or drugs, intoxicating compound or compounds,
3    or combination thereof and was involved in an accident
4    that resulted in death, great bodily harm, or permanent
5    disability or disfigurement to another, when the violation
6    was a proximate cause of the death or injuries; or (C) the
7    person committed a violation of operating a watercraft
8    under the influence of alcohol, other drug or drugs,
9    intoxicating compound or compounds, or combination thereof
10    under Section 5-16 of the Boat Registration and Safety Act
11    or a similar provision for the third or subsequent time.
12    (b) In addition, any mobile or portable equipment used in
13the commission of an act which is in violation of Section 7g of
14the Metropolitan Water Reclamation District Act shall be
15subject to seizure and forfeiture under the same procedures
16provided in this Article for the seizure and forfeiture of
17vessels or watercraft, vehicles, and aircraft, and any such
18equipment shall be deemed a vessel or watercraft, vehicle, or
19aircraft for purposes of this Article.
20    (c) In addition, when a person discharges a firearm at
21another individual from a vehicle with the knowledge and
22consent of the owner of the vehicle and with the intent to
23cause death or great bodily harm to that individual and as a
24result causes death or great bodily harm to that individual,
25the vehicle shall be subject to seizure and forfeiture under
26the same procedures provided in this Article for the seizure

 

 

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1and forfeiture of vehicles used in violations of clauses (1),
2(2), (3), or (4) of subsection (a) of this Section.
3    (d) If the spouse of the owner of a vehicle seized for an
4offense described in subsection (g) of Section 6-303 of the
5Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
6(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
711-501 of the Illinois Vehicle Code, or Section 9-3 of this
8Code makes a showing that the seized vehicle is the only source
9of transportation and it is determined that the financial
10hardship to the family as a result of the seizure outweighs the
11benefit to the State from the seizure, the vehicle may be
12forfeited to the spouse or family member and the title to the
13vehicle shall be transferred to the spouse or family member
14who is properly licensed and who requires the use of the
15vehicle for employment or family transportation purposes. A
16written declaration of forfeiture of a vehicle under this
17Section shall be sufficient cause for the title to be
18transferred to the spouse or family member. The provisions of
19this paragraph shall apply only to one forfeiture per vehicle.
20If the vehicle is the subject of a subsequent forfeiture
21proceeding by virtue of a subsequent conviction of either
22spouse or the family member, the spouse or family member to
23whom the vehicle was forfeited under the first forfeiture
24proceeding may not utilize the provisions of this paragraph in
25another forfeiture proceeding. If the owner of the vehicle
26seized owns more than one vehicle, the procedure set out in

 

 

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1this paragraph may be used for only one vehicle.
2    (e) In addition, property subject to forfeiture under
3Section 40 of the Illinois Streetgang Terrorism Omnibus
4Prevention Act may be seized and forfeited under this Article.
5(Source: P.A. 102-982, eff. 7-1-23.)
 
6    Section 55. The Code of Criminal Procedure of 1963 is
7amended by changing Sections 106B-10, 115-7, 115-7.3, 124B-10,
8124B-100, 124B-420, and 124B-500 as follows:
 
9    (725 ILCS 5/106B-10)
10    Sec. 106B-10. Conditions for testimony by a victim or
11witness who is under 18 years of age or an a child or a
12moderately, severely, or profoundly intellectually disabled
13person or a person affected by a developmental disability. The
14In a prosecution of criminal sexual assault, predatory
15criminal sexual assault of a child, aggravated criminal sexual
16assault, criminal sexual abuse, aggravated criminal sexual
17abuse, or any violent crime as defined in subsection (c) of
18Section 3 of the Rights of Crime Victims and Witnesses Act, the
19court may set any conditions it finds just and appropriate on
20the taking of testimony of a victim or witness who is under 18
21years of age or an intellectually disabled person or a person
22affected by a developmental disability victim who is a child
23under the age of 18 years or a moderately, severely, or
24profoundly intellectually disabled person or a person affected

 

 

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1by a developmental disability, involving the use of a facility
2dog in any criminal proceeding involving that offense. When
3deciding whether to permit the child or person to testify with
4the assistance of a facility dog, the court shall take into
5consideration the age of the child or person, the rights of the
6parties to the litigation, and any other relevant factor that
7would facilitate the giving of testimony by the child or the
8person. As used in this Section, "facility dog" means a dog
9that is a graduate of an assistance dog organization that is a
10member of Assistance Dogs International.
11(Source: P.A. 102-22, eff. 6-25-21.)
 
12    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
13    Sec. 115-7. a. In prosecutions for predatory criminal
14sexual assault of a child, aggravated criminal sexual assault,
15criminal sexual assault, aggravated criminal sexual abuse,
16criminal sexual abuse, involuntary servitude, involuntary
17sexual servitude of a minor, or trafficking in persons or
18criminal transmission of HIV; and in prosecutions for battery
19and aggravated battery, when the commission of the offense
20involves sexual penetration or sexual conduct as defined in
21Section 11-0.1 of the Criminal Code of 2012; and with the trial
22or retrial of the offenses formerly known as rape, deviate
23sexual assault, indecent liberties with a child, and
24aggravated indecent liberties with a child, the prior sexual
25activity or the reputation of the alleged victim or

 

 

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1corroborating witness under Section 115-7.3 of this Code is
2inadmissible except (1) as evidence concerning the past sexual
3conduct of the alleged victim or corroborating witness under
4Section 115-7.3 of this Code with the accused when this
5evidence is offered by the accused upon the issue of whether
6the alleged victim or corroborating witness under Section
7115-7.3 of this Code consented to the sexual conduct with
8respect to which the offense is alleged; or (2) when
9constitutionally required to be admitted.
10    b. No evidence admissible under this Section shall be
11introduced unless ruled admissible by the trial judge after an
12offer of proof has been made at a hearing to be held in camera
13in order to determine whether the defense has evidence to
14impeach the witness in the event that prior sexual activity
15with the defendant is denied. Such offer of proof shall
16include reasonably specific information as to the date, time
17and place of the past sexual conduct between the alleged
18victim or corroborating witness under Section 115-7.3 of this
19Code and the defendant. Unless the court finds that reasonably
20specific information as to date, time or place, or some
21combination thereof, has been offered as to prior sexual
22activity with the defendant, counsel for the defendant shall
23be ordered to refrain from inquiring into prior sexual
24activity between the alleged victim or corroborating witness
25under Section 115-7.3 of this Code and the defendant. The
26court shall not admit evidence under this Section unless it

 

 

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1determines at the hearing that the evidence is relevant and
2the probative value of the evidence outweighs the danger of
3unfair prejudice. The evidence shall be admissible at trial to
4the extent an order made by the court specifies the evidence
5that may be admitted and areas with respect to which the
6alleged victim or corroborating witness under Section 115-7.3
7of this Code may be examined or cross examined.
8(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
9    (725 ILCS 5/115-7.3)
10    Sec. 115-7.3. Evidence in certain cases.
11    (a) This Section applies to criminal cases in which:
12        (1) the defendant is accused of predatory criminal
13    sexual assault of a child, aggravated criminal sexual
14    assault, criminal sexual assault, aggravated criminal
15    sexual abuse, criminal sexual abuse, child sexual abuse
16    material pornography, aggravated child pornography,
17    involuntary servitude, involuntary sexual servitude of a
18    minor, trafficking in persons, criminal transmission of
19    HIV, or child abduction as defined in paragraph (10) of
20    subsection (b) of Section 10-5 of the Criminal Code of
21    1961 or the Criminal Code of 2012;
22        (2) the defendant is accused of battery, aggravated
23    battery, first degree murder, or second degree murder when
24    the commission of the offense involves sexual penetration
25    or sexual conduct as defined in Section 11-0.1 of the

 

 

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1    Criminal Code of 2012; or
2        (3) the defendant is tried or retried for any of the
3    offenses formerly known as rape, deviate sexual assault,
4    indecent liberties with a child, or aggravated indecent
5    liberties with a child.
6    (b) If the defendant is accused of an offense set forth in
7paragraph (1) or (2) of subsection (a) or the defendant is
8tried or retried for any of the offenses set forth in paragraph
9(3) of subsection (a), evidence of the defendant's commission
10of another offense or offenses set forth in paragraph (1),
11(2), or (3) of subsection (a), or evidence to rebut that proof
12or an inference from that proof, may be admissible (if that
13evidence is otherwise admissible under the rules of evidence)
14and may be considered for its bearing on any matter to which it
15is relevant.
16    (c) In weighing the probative value of the evidence
17against undue prejudice to the defendant, the court may
18consider:
19        (1) the proximity in time to the charged or predicate
20    offense;
21        (2) the degree of factual similarity to the charged or
22    predicate offense; or
23        (3) other relevant facts and circumstances.
24    (d) In a criminal case in which the prosecution intends to
25offer evidence under this Section, it must disclose the
26evidence, including statements of witnesses or a summary of

 

 

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1the substance of any testimony, at a reasonable time in
2advance of trial, or during trial if the court excuses
3pretrial notice on good cause shown.
4    (e) In a criminal case in which evidence is offered under
5this Section, proof may be made by specific instances of
6conduct, testimony as to reputation, or testimony in the form
7of an expert opinion, except that the prosecution may offer
8reputation testimony only after the opposing party has offered
9that testimony.
10    (f) In prosecutions for a violation of Section 10-2,
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
1212-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
13Code of 1961 or the Criminal Code of 2012, involving the
14involuntary delivery of a controlled substance to a victim, no
15inference may be made about the fact that a victim did not
16consent to a test for the presence of controlled substances.
17(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1898-160, eff. 1-1-14.)
 
19    (725 ILCS 5/124B-10)
20    Sec. 124B-10. Applicability; offenses. This Article
21applies to forfeiture of property in connection with the
22following:
23        (1) A violation of Section 10-9 or 10A-10 of the
24    Criminal Code of 1961 or the Criminal Code of 2012
25    (involuntary servitude; involuntary servitude of a minor;

 

 

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1    or trafficking in persons).
2        (2) A violation of subdivision (a)(1) of Section
3    11-14.4 of the Criminal Code of 1961 or the Criminal Code
4    of 2012 (promoting juvenile prostitution) or a violation
5    of Section 11-17.1 of the Criminal Code of 1961 (keeping a
6    place of juvenile prostitution).
7        (3) A violation of subdivision (a)(4) of Section
8    11-14.4 of the Criminal Code of 1961 or the Criminal Code
9    of 2012 (promoting juvenile prostitution) or a violation
10    of Section 11-19.2 of the Criminal Code of 1961
11    (exploitation of a child).
12        (4) A second or subsequent violation of Section 11-20
13    of the Criminal Code of 1961 or the Criminal Code of 2012
14    (obscenity).
15        (5) A violation of Section 11-20.1 of the Criminal
16    Code of 1961 or the Criminal Code of 2012 (child sexual
17    abuse material pornography).
18        (6) A violation of Section 11-20.1B or 11-20.3 of the
19    Criminal Code of 1961 (aggravated child pornography).
20        (6.5) A violation of Section 11-23.5 of the Criminal
21    Code of 2012.
22        (7) A violation of Section 12C-65 of the Criminal Code
23    of 2012 or Article 44 of the Criminal Code of 1961
24    (unlawful transfer of a telecommunications device to a
25    minor).
26        (8) A violation of Section 17-50 or Section 16D-5 of

 

 

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1    the Criminal Code of 2012 or the Criminal Code of 1961
2    (computer fraud).
3        (9) A felony violation of Section 17-6.3 or Article
4    17B of the Criminal Code of 2012 or the Criminal Code of
5    1961 (WIC fraud).
6        (10) A felony violation of Section 48-1 of the
7    Criminal Code of 2012 or Section 26-5 of the Criminal Code
8    of 1961 (dog fighting).
9        (11) A violation of Article 29D of the Criminal Code
10    of 1961 or the Criminal Code of 2012 (terrorism).
11        (12) A felony violation of Section 4.01 of the Humane
12    Care for Animals Act (animals in entertainment).
13(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
1497-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
156-1-15.)
 
16    (725 ILCS 5/124B-100)
17    Sec. 124B-100. Definition; "offense". For purposes of this
18Article, "offense" is defined as follows:
19        (1) In the case of forfeiture authorized under Section
20    10A-15 of the Criminal Code of 1961 or Section 10-9 of the
21    Criminal Code of 2012, "offense" means the offense of
22    involuntary servitude, involuntary servitude of a minor,
23    or trafficking in persons in violation of Section 10-9 or
24    10A-10 of those Codes.
25        (2) In the case of forfeiture authorized under

 

 

SB1576- 127 -LRB103 26117 RLC 52472 b

1    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
2    of the Criminal Code of 1961 or the Criminal Code of 2012,
3    "offense" means the offense of promoting juvenile
4    prostitution or keeping a place of juvenile prostitution
5    in violation of subdivision (a)(1) of Section 11-14.4, or
6    Section 11-17.1, of those Codes.
7        (3) In the case of forfeiture authorized under
8    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
9    of the Criminal Code of 1961 or the Criminal Code of 2012,
10    "offense" means the offense of promoting juvenile
11    prostitution or exploitation of a child in violation of
12    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
13    of those Codes.
14        (4) In the case of forfeiture authorized under Section
15    11-20 of the Criminal Code of 1961 or the Criminal Code of
16    2012, "offense" means the offense of obscenity in
17    violation of that Section.
18        (5) In the case of forfeiture authorized under Section
19    11-20.1 of the Criminal Code of 1961 or the Criminal Code
20    of 2012, "offense" means the offense of child sexual abuse
21    material pornography in violation of Section 11-20.1 of
22    that Code.
23        (6) In the case of forfeiture authorized under Section
24    11-20.1B or 11-20.3 of the Criminal Code of 1961,
25    "offense" means the offense of aggravated child
26    pornography in violation of Section 11-20.1B or 11-20.3 of

 

 

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1    that Code.
2        (7) In the case of forfeiture authorized under Section
3    12C-65 of the Criminal Code of 2012 or Article 44 of the
4    Criminal Code of 1961, "offense" means the offense of
5    unlawful transfer of a telecommunications device to a
6    minor in violation of Section 12C-65 or Article 44 of
7    those Codes.
8        (8) In the case of forfeiture authorized under Section
9    17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
10    Code of 2012, "offense" means the offense of computer
11    fraud in violation of Section 17-50 or 16D-5 of those
12    Codes.
13        (9) In the case of forfeiture authorized under Section
14    17-6.3 or Article 17B of the Criminal Code of 1961 or the
15    Criminal Code of 2012, "offense" means any felony
16    violation of Section 17-6.3 or Article 17B of those Codes.
17        (10) In the case of forfeiture authorized under
18    Section 29D-65 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, "offense" means any offense under
20    Article 29D of that Code.
21        (11) In the case of forfeiture authorized under
22    Section 4.01 of the Humane Care for Animals Act, Section
23    26-5 of the Criminal Code of 1961, or Section 48-1 of the
24    Criminal Code of 2012, "offense" means any felony offense
25    under either of those Sections.
26        (12) In the case of forfeiture authorized under

 

 

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1    Section 124B-1000(b) of the Code of Criminal Procedure of
2    1963, "offense" means an offense in violation of the
3    Criminal Code of 1961, the Criminal Code of 2012, the
4    Illinois Controlled Substances Act, the Cannabis Control
5    Act, or the Methamphetamine Control and Community
6    Protection Act, or an offense involving a
7    telecommunications device possessed by a person on the
8    real property of any elementary or secondary school
9    without authority of the school principal.
10(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1197-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
121-1-13; 97-1150, eff. 1-25-13.)
 
13    (725 ILCS 5/124B-420)
14    Sec. 124B-420. Distribution of property and sale proceeds.
15    (a) All moneys and the sale proceeds of all other property
16forfeited and seized under this Part 400 shall be distributed
17as follows:
18        (1) 50% shall be distributed to the unit of local
19    government whose officers or employees conducted the
20    investigation into the offense and caused the arrest or
21    arrests and prosecution leading to the forfeiture, except
22    that if the investigation, arrest or arrests, and
23    prosecution leading to the forfeiture were undertaken by
24    the sheriff, this portion shall be distributed to the
25    county for deposit into a special fund in the county

 

 

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1    treasury appropriated to the sheriff. Amounts distributed
2    to the county for the sheriff or to units of local
3    government under this paragraph shall be used for
4    enforcement of laws or ordinances governing obscenity and
5    child sexual abuse material pornography. If the
6    investigation, arrest or arrests, and prosecution leading
7    to the forfeiture were undertaken solely by a State
8    agency, however, the portion designated in this paragraph
9    shall be paid into the State treasury to be used for
10    enforcement of laws governing obscenity and child sexual
11    abuse material pornography.
12        (2) 25% shall be distributed to the county in which
13    the prosecution resulting in the forfeiture was
14    instituted, deposited into a special fund in the county
15    treasury, and appropriated to the State's Attorney for use
16    in the enforcement of laws governing obscenity and child
17    sexual abuse material pornography.
18        (3) 25% shall be distributed to the Office of the
19    State's Attorneys Appellate Prosecutor and deposited into
20    the Obscenity Profits Forfeiture Fund, which is hereby
21    created in the State treasury, to be used by the Office of
22    the State's Attorneys Appellate Prosecutor for additional
23    expenses incurred in prosecuting appeals arising under
24    Sections 11-20, 11-20.1, 11-20.1B, and 11-20.3 of the
25    Criminal Code of 1961 or the Criminal Code of 2012. Any
26    amounts remaining in the Fund after all additional

 

 

SB1576- 131 -LRB103 26117 RLC 52472 b

1    expenses have been paid shall be used by the Office to
2    reduce the participating county contributions to the
3    Office on a pro-rated basis as determined by the board of
4    governors of the Office of the State's Attorneys Appellate
5    Prosecutor based on the populations of the participating
6    counties.
7    (b) Before any distribution under subsection (a), the
8Attorney General or State's Attorney shall retain from the
9forfeited moneys or sale proceeds, or both, sufficient moneys
10to cover expenses related to the administration and sale of
11the forfeited property.
12(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1397-1150, eff. 1-25-13.)
 
14    (725 ILCS 5/124B-500)
15    Sec. 124B-500. Persons and property subject to forfeiture.
16A person who commits child sexual abuse material pornography,
17aggravated child pornography, or non-consensual dissemination
18of private sexual images under Section 11-20.1, 11-20.1B,
1911-20.3, or 11-23.5 of the Criminal Code of 1961 or the
20Criminal Code of 2012 shall forfeit the following property to
21the State of Illinois:
22        (1) Any profits or proceeds and any property the
23    person has acquired or maintained in violation of Section
24    11-20.1, 11-20.1B, 11-20.3, or 11-23.5 of the Criminal
25    Code of 1961 or the Criminal Code of 2012 that the

 

 

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1    sentencing court determines, after a forfeiture hearing
2    under this Article, to have been acquired or maintained as
3    a result of child sexual abuse material pornography,
4    aggravated child pornography, or non-consensual
5    dissemination of private sexual images.
6        (2) Any interest in, securities of, claim against, or
7    property or contractual right of any kind affording a
8    source of influence over any enterprise that the person
9    has established, operated, controlled, or conducted in
10    violation of Section 11-20.1, 11-20.1B, 11-20.3, or
11    11-23.5 of the Criminal Code of 1961 or the Criminal Code
12    of 2012 that the sentencing court determines, after a
13    forfeiture hearing under this Article, to have been
14    acquired or maintained as a result of child sexual abuse
15    material pornography, aggravated child pornography, or
16    non-consensual dissemination of private sexual images.
17        (3) Any computer that contains a depiction of child
18    sexual abuse material pornography in any encoded or
19    decoded format in violation of Section 11-20.1, 11-20.1B,
20    or 11-20.3 of the Criminal Code of 1961 or the Criminal
21    Code of 2012. For purposes of this paragraph (3),
22    "computer" has the meaning ascribed to it in Section
23    17-0.5 of the Criminal Code of 2012.
24(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15;
2598-1138, eff. 6-1-15.)
 

 

 

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1    Section 60. The Statewide Grand Jury Act is amended by
2changing Sections 2 and 3 as follows:
 
3    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
4    Sec. 2. (a) County grand juries and State's Attorneys have
5always had and shall continue to have primary responsibility
6for investigating, indicting, and prosecuting persons who
7violate the criminal laws of the State of Illinois. However,
8in recent years organized terrorist activity directed against
9innocent civilians and certain criminal enterprises have
10developed that require investigation, indictment, and
11prosecution on a statewide or multicounty level. The criminal
12enterprises exist as a result of the allure of profitability
13present in narcotic activity, the unlawful sale and transfer
14of firearms, and streetgang related felonies and organized
15terrorist activity is supported by the contribution of money
16and expert assistance from geographically diverse sources. In
17order to shut off the life blood of terrorism and weaken or
18eliminate the criminal enterprises, assets, and property used
19to further these offenses must be frozen, and any profit must
20be removed. State statutes exist that can accomplish that
21goal. Among them are the offense of money laundering,
22violations of Article 29D of the Criminal Code of 1961 or the
23Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
24and gunrunning. Local prosecutors need investigative personnel
25and specialized training to attack and eliminate these

 

 

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1profits. In light of the transitory and complex nature of
2conduct that constitutes these criminal activities, the many
3diverse property interests that may be used, acquired directly
4or indirectly as a result of these criminal activities, and
5the many places that illegally obtained property may be
6located, it is the purpose of this Act to create a limited,
7multicounty Statewide Grand Jury with authority to
8investigate, indict, and prosecute: narcotic activity,
9including cannabis and controlled substance trafficking,
10narcotics racketeering, money laundering, violations of the
11Cannabis and Controlled Substances Tax Act, and violations of
12Article 29D of the Criminal Code of 1961 or the Criminal Code
13of 2012; the unlawful sale and transfer of firearms;
14gunrunning; and streetgang related felonies.
15    (b) A Statewide Grand Jury may also investigate, indict,
16and prosecute violations facilitated by the use of a computer
17of any of the following offenses: indecent solicitation of a
18child, sexual exploitation of a child, soliciting for a
19juvenile prostitute, keeping a place of juvenile prostitution,
20juvenile pimping, child sexual abuse material pornography,
21aggravated child pornography, or promoting juvenile
22prostitution except as described in subdivision (a)(4) of
23Section 11-14.4 of the Criminal Code of 1961 or the Criminal
24Code of 2012.
25    (c) A Statewide Grand Jury may also investigate, indict,
26and prosecute violations of organized retail crime.

 

 

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1(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
 
2    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
3    Sec. 3. Written application for the appointment of a
4Circuit Judge to convene and preside over a Statewide Grand
5Jury, with jurisdiction extending throughout the State, shall
6be made to the Chief Justice of the Supreme Court. Upon such
7written application, the Chief Justice of the Supreme Court
8shall appoint a Circuit Judge from the circuit where the
9Statewide Grand Jury is being sought to be convened, who shall
10make a determination that the convening of a Statewide Grand
11Jury is necessary.
12    In such application the Attorney General shall state that
13the convening of a Statewide Grand Jury is necessary because
14of an alleged offense or offenses set forth in this Section
15involving more than one county of the State and identifying
16any such offense alleged; and
17        (a) that he or she believes that the grand jury
18    function for the investigation and indictment of the
19    offense or offenses cannot effectively be performed by a
20    county grand jury together with the reasons for such
21    belief, and
22        (b)(1) that each State's Attorney with jurisdiction
23    over an offense or offenses to be investigated has
24    consented to the impaneling of the Statewide Grand Jury,
25    or

 

 

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1        (2) if one or more of the State's Attorneys having
2    jurisdiction over an offense or offenses to be
3    investigated fails to consent to the impaneling of the
4    Statewide Grand Jury, the Attorney General shall set forth
5    good cause for impaneling the Statewide Grand Jury.
6    If the Circuit Judge determines that the convening of a
7Statewide Grand Jury is necessary, he or she shall convene and
8impanel the Statewide Grand Jury with jurisdiction extending
9throughout the State to investigate and return indictments:
10        (a) For violations of any of the following or for any
11    other criminal offense committed in the course of
12    violating any of the following: Article 29D of the
13    Criminal Code of 1961 or the Criminal Code of 2012, the
14    Illinois Controlled Substances Act, the Cannabis Control
15    Act, the Methamphetamine Control and Community Protection
16    Act, or the Narcotics Profit Forfeiture Act; a streetgang
17    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
18    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
19    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
20    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
21    of 1961 or the Criminal Code of 2012; or a money laundering
22    offense; provided that the violation or offense involves
23    acts occurring in more than one county of this State; and
24        (a-5) For violations facilitated by the use of a
25    computer, including the use of the Internet, the World
26    Wide Web, electronic mail, message board, newsgroup, or

 

 

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1    any other commercial or noncommercial on-line service, of
2    any of the following offenses: indecent solicitation of a
3    child, sexual exploitation of a child, soliciting for a
4    juvenile prostitute, keeping a place of juvenile
5    prostitution, juvenile pimping, child sexual abuse
6    material pornography, aggravated child pornography, or
7    promoting juvenile prostitution except as described in
8    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
9    of 1961 or the Criminal Code of 2012; and
10        (b) For the offenses of perjury, subornation of
11    perjury, communicating with jurors and witnesses, and
12    harassment of jurors and witnesses, as they relate to
13    matters before the Statewide Grand Jury.
14    "Streetgang related" has the meaning ascribed to it in
15Section 10 of the Illinois Streetgang Terrorism Omnibus
16Prevention Act.
17    Upon written application by the Attorney General for the
18convening of an additional Statewide Grand Jury, the Chief
19Justice of the Supreme Court shall appoint a Circuit Judge
20from the circuit for which the additional Statewide Grand Jury
21is sought. The Circuit Judge shall determine the necessity for
22an additional Statewide Grand Jury in accordance with the
23provisions of this Section. No more than 2 Statewide Grand
24Juries may be empaneled at any time.
25(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
 

 

 

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1    Section 65. The Unified Code of Corrections is amended by
2changing Sections 3-1-2, 3-12.5-10, 5-5-3, 5-5-3.2, 5-8-1,
35-8-4, 5-9-1.7, and 5-9-1.8 as follows:
 
4    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
5    Sec. 3-1-2. Definitions.
6    (a) "Chief Administrative Officer" means the person
7designated by the Director to exercise the powers and duties
8of the Department of Corrections in regard to committed
9persons within a correctional institution or facility, and
10includes the superintendent of any juvenile institution or
11facility.
12    (a-3) "Aftercare release" means the conditional and
13revocable release of a person committed to the Department of
14Juvenile Justice under the Juvenile Court Act of 1987, under
15the supervision of the Department of Juvenile Justice.
16    (a-5) "Sex offense" for the purposes of paragraph (16) of
17subsection (a) of Section 3-3-7, paragraph (10) of subsection
18(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
19Section 5-6-3.1 only means:
20        (i) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012:
22    10-7 (aiding or abetting child abduction under Section
23    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
24    solicitation of a child), 11-6.5 (indecent solicitation of
25    an adult), 11-14.4 (promoting juvenile prostitution),

 

 

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1    11-15.1 (soliciting for a juvenile prostitute), 11-17.1
2    (keeping a place of juvenile prostitution), 11-18.1
3    (patronizing a juvenile prostitute), 11-19.1 (juvenile
4    pimping), 11-19.2 (exploitation of a child), 11-20.1
5    (child sexual abuse material pornography), 11-20.1B or
6    11-20.3 (aggravated child pornography), 11-1.40 or 12-14.1
7    (predatory criminal sexual assault of a child), or 12-33
8    (ritualized abuse of a child). An attempt to commit any of
9    these offenses.
10        (ii) A violation of any of the following Sections of
11    the Criminal Code of 1961 or the Criminal Code of 2012:
12    11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or
13    12-14 (aggravated criminal sexual assault), 11-1.60 or
14    12-16 (aggravated criminal sexual abuse), and subsection
15    (a) of Section 11-1.50 or subsection (a) of Section 12-15
16    (criminal sexual abuse). An attempt to commit any of these
17    offenses.
18        (iii) A violation of any of the following Sections of
19    the Criminal Code of 1961 or the Criminal Code of 2012 when
20    the defendant is not a parent of the victim:
21            10-1 (kidnapping),
22            10-2 (aggravated kidnapping),
23            10-3 (unlawful restraint),
24            10-3.1 (aggravated unlawful restraint).
25            An attempt to commit any of these offenses.
26        (iv) A violation of any former law of this State

 

 

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1    substantially equivalent to any offense listed in this
2    subsection (a-5).
3    An offense violating federal law or the law of another
4state that is substantially equivalent to any offense listed
5in this subsection (a-5) shall constitute a sex offense for
6the purpose of this subsection (a-5). A finding or
7adjudication as a sexually dangerous person under any federal
8law or law of another state that is substantially equivalent
9to the Sexually Dangerous Persons Act shall constitute an
10adjudication for a sex offense for the purposes of this
11subsection (a-5).
12    (b) "Commitment" means a judicially determined placement
13in the custody of the Department of Corrections on the basis of
14delinquency or conviction.
15    (c) "Committed person" is a person committed to the
16Department, however a committed person shall not be considered
17to be an employee of the Department of Corrections for any
18purpose, including eligibility for a pension, benefits, or any
19other compensation or rights or privileges which may be
20provided to employees of the Department.
21    (c-5) "Computer scrub software" means any third-party
22added software, designed to delete information from the
23computer unit, the hard drive, or other software, which would
24eliminate and prevent discovery of browser activity,
25including, but not limited to, Internet history, address bar
26or bars, cache or caches, and/or cookies, and which would

 

 

SB1576- 141 -LRB103 26117 RLC 52472 b

1over-write files in a way so as to make previous computer
2activity, including, but not limited to, website access, more
3difficult to discover.
4    (c-10) "Content-controlled tablet" means any device that
5can only access visitation applications or content relating to
6educational or personal development.
7    (d) "Correctional institution or facility" means any
8building or part of a building where committed persons are
9kept in a secured manner.
10    (d-5) "Correctional officer" means: an employee of the
11Department of Corrections who has custody and control over
12committed persons in an adult correctional facility; or, for
13an employee of the Department of Juvenile Justice, direct care
14staff of persons committed to a juvenile facility.
15    (e) "Department" means both the Department of Corrections
16and the Department of Juvenile Justice of this State, unless
17the context is specific to either the Department of
18Corrections or the Department of Juvenile Justice.
19    (f) "Director" means both the Director of Corrections and
20the Director of Juvenile Justice, unless the context is
21specific to either the Director of Corrections or the Director
22of Juvenile Justice.
23    (f-5) (Blank).
24    (g) "Discharge" means the final termination of a
25commitment to the Department of Corrections.
26    (h) "Discipline" means the rules and regulations for the

 

 

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1maintenance of order and the protection of persons and
2property within the institutions and facilities of the
3Department and their enforcement.
4    (i) "Escape" means the intentional and unauthorized
5absence of a committed person from the custody of the
6Department.
7    (j) "Furlough" means an authorized leave of absence from
8the Department of Corrections for a designated purpose and
9period of time.
10    (k) "Parole" means the conditional and revocable release
11of a person committed to the Department of Corrections under
12the supervision of a parole officer.
13    (l) "Prisoner Review Board" means the Board established in
14Section 3-3-1(a), independent of the Department, to review
15rules and regulations with respect to good time credits, to
16hear charges brought by the Department against certain
17prisoners alleged to have violated Department rules with
18respect to good time credits, to set release dates for certain
19prisoners sentenced under the law in effect prior to February
201, 1978 (the effective date of Public Act 80-1099), to hear and
21decide the time of aftercare release for persons committed to
22the Department of Juvenile Justice under the Juvenile Court
23Act of 1987 to hear requests and make recommendations to the
24Governor with respect to pardon, reprieve or commutation, to
25set conditions for parole, aftercare release, and mandatory
26supervised release and determine whether violations of those

 

 

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1conditions justify revocation of parole or release, and to
2assume all other functions previously exercised by the
3Illinois Parole and Pardon Board.
4    (m) Whenever medical treatment, service, counseling, or
5care is referred to in this Unified Code of Corrections, such
6term may be construed by the Department or Court, within its
7discretion, to include treatment, service, or counseling by a
8Christian Science practitioner or nursing care appropriate
9therewith whenever request therefor is made by a person
10subject to the provisions of this Code.
11    (n) "Victim" shall have the meaning ascribed to it in
12subsection (a) of Section 3 of the Rights of Crime Victims and
13Witnesses Act.
14    (o) "Wrongfully imprisoned person" means a person who has
15been discharged from a prison of this State and has received:
16        (1) a pardon from the Governor stating that such
17    pardon is issued on the ground of innocence of the crime
18    for which he or she was imprisoned; or
19        (2) a certificate of innocence from the Circuit Court
20    as provided in Section 2-702 of the Code of Civil
21    Procedure.
22(Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22.)
 
23    (730 ILCS 5/3-12.5-10)
24    (Section scheduled to be repealed on August 24, 2022)
25    Sec. 3-12.5-10. Selection. Inmates may be selected to

 

 

SB1576- 144 -LRB103 26117 RLC 52472 b

1participate in the pre-release Prisoner Entrepreneur Education
2Program only if all of the following conditions are met:
3        (1) the inmate is within 3 years of being released
4    from custody of the Department of Corrections;
5        (2) the inmate has not been disciplined by the
6    Department of Corrections within the past year;
7        (3) the inmate has a high school diploma or GED;
8        (4) the inmate has never been convicted of an offense
9    described in Subdivision 5 of Article 11 of the Criminal
10    Code of 2012 (major sex offenses), Subdivision 10 of
11    Article 11 of the Criminal Code of 2012 (vulnerable victim
12    sex offenses), Section 11-20.1 of Subdivision 20 of
13    Article 11 of the Criminal Code of 2012 (child sexual
14    abuse material pornography offenses), or similar offenses
15    under the Criminal Code of 1961;
16        (5) the inmate is not currently affiliated with a
17    gang; and
18        (6) the inmate is committed to personal change.
19(Source: P.A. 100-283, eff. 8-24-17.)
 
20    (730 ILCS 5/5-5-3)
21    Sec. 5-5-3. Disposition.
22    (a) (Blank).
23    (b) (Blank).
24    (c) (1) (Blank).
25    (2) A period of probation, a term of periodic imprisonment

 

 

SB1576- 145 -LRB103 26117 RLC 52472 b

1or conditional discharge shall not be imposed for the
2following offenses. The court shall sentence the offender to
3not less than the minimum term of imprisonment set forth in
4this Code for the following offenses, and may order a fine or
5restitution or both in conjunction with such term of
6imprisonment:
7        (A) First degree murder where the death penalty is not
8    imposed.
9        (B) Attempted first degree murder.
10        (C) A Class X felony.
11        (D) A violation of Section 401.1 or 407 of the
12    Illinois Controlled Substances Act, or a violation of
13    subdivision (c)(1.5) of Section 401 of that Act which
14    relates to more than 5 grams of a substance containing
15    fentanyl or an analog thereof.
16        (D-5) A violation of subdivision (c)(1) of Section 401
17    of the Illinois Controlled Substances Act which relates to
18    3 or more grams of a substance containing heroin or an
19    analog thereof.
20        (E) (Blank).
21        (F) A Class 1 or greater felony if the offender had
22    been convicted of a Class 1 or greater felony, including
23    any state or federal conviction for an offense that
24    contained, at the time it was committed, the same elements
25    as an offense now (the date of the offense committed after
26    the prior Class 1 or greater felony) classified as a Class

 

 

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1    1 or greater felony, within 10 years of the date on which
2    the offender committed the offense for which he or she is
3    being sentenced, except as otherwise provided in Section
4    40-10 of the Substance Use Disorder Act.
5        (F-3) A Class 2 or greater felony sex offense or
6    felony firearm offense if the offender had been convicted
7    of a Class 2 or greater felony, including any state or
8    federal conviction for an offense that contained, at the
9    time it was committed, the same elements as an offense now
10    (the date of the offense committed after the prior Class 2
11    or greater felony) classified as a Class 2 or greater
12    felony, within 10 years of the date on which the offender
13    committed the offense for which he or she is being
14    sentenced, except as otherwise provided in Section 40-10
15    of the Substance Use Disorder Act.
16        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
17    of the Criminal Code of 1961 or the Criminal Code of 2012
18    for which imprisonment is prescribed in those Sections.
19        (G) Residential burglary, except as otherwise provided
20    in Section 40-10 of the Substance Use Disorder Act.
21        (H) Criminal sexual assault.
22        (I) Aggravated battery of a senior citizen as
23    described in Section 12-4.6 or subdivision (a)(4) of
24    Section 12-3.05 of the Criminal Code of 1961 or the
25    Criminal Code of 2012.
26        (J) A forcible felony if the offense was related to

 

 

SB1576- 147 -LRB103 26117 RLC 52472 b

1    the activities of an organized gang.
2        Before July 1, 1994, for the purposes of this
3    paragraph, "organized gang" means an association of 5 or
4    more persons, with an established hierarchy, that
5    encourages members of the association to perpetrate crimes
6    or provides support to the members of the association who
7    do commit crimes.
8        Beginning July 1, 1994, for the purposes of this
9    paragraph, "organized gang" has the meaning ascribed to it
10    in Section 10 of the Illinois Streetgang Terrorism Omnibus
11    Prevention Act.
12        (K) Vehicular hijacking.
13        (L) A second or subsequent conviction for the offense
14    of hate crime when the underlying offense upon which the
15    hate crime is based is felony aggravated assault or felony
16    mob action.
17        (M) A second or subsequent conviction for the offense
18    of institutional vandalism if the damage to the property
19    exceeds $300.
20        (N) A Class 3 felony violation of paragraph (1) of
21    subsection (a) of Section 2 of the Firearm Owners
22    Identification Card Act.
23        (O) A violation of Section 12-6.1 or 12-6.5 of the
24    Criminal Code of 1961 or the Criminal Code of 2012.
25        (P) A violation of paragraph (1), (2), (3), (4), (5),
26    or (7) of subsection (a) of Section 11-20.1 of the

 

 

SB1576- 148 -LRB103 26117 RLC 52472 b

1    Criminal Code of 1961 or the Criminal Code of 2012.
2        (P-5) A violation of paragraph (6) of subsection (a)
3    of Section 11-20.1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 if the victim is a household or
5    family member of the defendant.
6        (Q) A violation of subsection (b) or (b-5) of Section
7    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
8    Code of 1961 or the Criminal Code of 2012.
9        (R) A violation of Section 24-3A of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (S) (Blank).
12        (T) (Blank).
13        (U) A second or subsequent violation of Section 6-303
14    of the Illinois Vehicle Code committed while his or her
15    driver's license, permit, or privilege was revoked because
16    of a violation of Section 9-3 of the Criminal Code of 1961
17    or the Criminal Code of 2012, relating to the offense of
18    reckless homicide, or a similar provision of a law of
19    another state.
20        (V) A violation of paragraph (4) of subsection (c) of
21    Section 11-20.1B or paragraph (4) of subsection (c) of
22    Section 11-20.3 of the Criminal Code of 1961, or paragraph
23    (6) of subsection (a) of Section 11-20.1 of the Criminal
24    Code of 2012 when the victim is under 13 years of age and
25    the defendant has previously been convicted under the laws
26    of this State or any other state of the offense of child

 

 

SB1576- 149 -LRB103 26117 RLC 52472 b

1    sexual abuse material pornography, aggravated child
2    pornography, aggravated criminal sexual abuse, aggravated
3    criminal sexual assault, predatory criminal sexual assault
4    of a child, or any of the offenses formerly known as rape,
5    deviate sexual assault, indecent liberties with a child,
6    or aggravated indecent liberties with a child where the
7    victim was under the age of 18 years or an offense that is
8    substantially equivalent to those offenses.
9        (W) A violation of Section 24-3.5 of the Criminal Code
10    of 1961 or the Criminal Code of 2012.
11        (X) A violation of subsection (a) of Section 31-1a of
12    the Criminal Code of 1961 or the Criminal Code of 2012.
13        (Y) A conviction for unlawful possession of a firearm
14    by a street gang member when the firearm was loaded or
15    contained firearm ammunition.
16        (Z) A Class 1 felony committed while he or she was
17    serving a term of probation or conditional discharge for a
18    felony.
19        (AA) Theft of property exceeding $500,000 and not
20    exceeding $1,000,000 in value.
21        (BB) Laundering of criminally derived property of a
22    value exceeding $500,000.
23        (CC) Knowingly selling, offering for sale, holding for
24    sale, or using 2,000 or more counterfeit items or
25    counterfeit items having a retail value in the aggregate
26    of $500,000 or more.

 

 

SB1576- 150 -LRB103 26117 RLC 52472 b

1        (DD) A conviction for aggravated assault under
2    paragraph (6) of subsection (c) of Section 12-2 of the
3    Criminal Code of 1961 or the Criminal Code of 2012 if the
4    firearm is aimed toward the person against whom the
5    firearm is being used.
6        (EE) A conviction for a violation of paragraph (2) of
7    subsection (a) of Section 24-3B of the Criminal Code of
8    2012.
9    (3) (Blank).
10    (4) A minimum term of imprisonment of not less than 10
11consecutive days or 30 days of community service shall be
12imposed for a violation of paragraph (c) of Section 6-303 of
13the Illinois Vehicle Code.
14    (4.1) (Blank).
15    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
16this subsection (c), a minimum of 100 hours of community
17service shall be imposed for a second violation of Section
186-303 of the Illinois Vehicle Code.
19    (4.3) A minimum term of imprisonment of 30 days or 300
20hours of community service, as determined by the court, shall
21be imposed for a second violation of subsection (c) of Section
226-303 of the Illinois Vehicle Code.
23    (4.4) Except as provided in paragraphs (4.5), (4.6), and
24(4.9) of this subsection (c), a minimum term of imprisonment
25of 30 days or 300 hours of community service, as determined by
26the court, shall be imposed for a third or subsequent

 

 

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1violation of Section 6-303 of the Illinois Vehicle Code. The
2court may give credit toward the fulfillment of community
3service hours for participation in activities and treatment as
4determined by court services.
5    (4.5) A minimum term of imprisonment of 30 days shall be
6imposed for a third violation of subsection (c) of Section
76-303 of the Illinois Vehicle Code.
8    (4.6) Except as provided in paragraph (4.10) of this
9subsection (c), a minimum term of imprisonment of 180 days
10shall be imposed for a fourth or subsequent violation of
11subsection (c) of Section 6-303 of the Illinois Vehicle Code.
12    (4.7) A minimum term of imprisonment of not less than 30
13consecutive days, or 300 hours of community service, shall be
14imposed for a violation of subsection (a-5) of Section 6-303
15of the Illinois Vehicle Code, as provided in subsection (b-5)
16of that Section.
17    (4.8) A mandatory prison sentence shall be imposed for a
18second violation of subsection (a-5) of Section 6-303 of the
19Illinois Vehicle Code, as provided in subsection (c-5) of that
20Section. The person's driving privileges shall be revoked for
21a period of not less than 5 years from the date of his or her
22release from prison.
23    (4.9) A mandatory prison sentence of not less than 4 and
24not more than 15 years shall be imposed for a third violation
25of subsection (a-5) of Section 6-303 of the Illinois Vehicle
26Code, as provided in subsection (d-2.5) of that Section. The

 

 

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1person's driving privileges shall be revoked for the remainder
2of his or her life.
3    (4.10) A mandatory prison sentence for a Class 1 felony
4shall be imposed, and the person shall be eligible for an
5extended term sentence, for a fourth or subsequent violation
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle
7Code, as provided in subsection (d-3.5) of that Section. The
8person's driving privileges shall be revoked for the remainder
9of his or her life.
10    (5) The court may sentence a corporation or unincorporated
11association convicted of any offense to:
12        (A) a period of conditional discharge;
13        (B) a fine;
14        (C) make restitution to the victim under Section 5-5-6
15    of this Code.
16    (5.1) In addition to any other penalties imposed, and
17except as provided in paragraph (5.2) or (5.3), a person
18convicted of violating subsection (c) of Section 11-907 of the
19Illinois Vehicle Code shall have his or her driver's license,
20permit, or privileges suspended for at least 90 days but not
21more than one year, if the violation resulted in damage to the
22property of another person.
23    (5.2) In addition to any other penalties imposed, and
24except as provided in paragraph (5.3), a person convicted of
25violating subsection (c) of Section 11-907 of the Illinois
26Vehicle Code shall have his or her driver's license, permit,

 

 

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1or privileges suspended for at least 180 days but not more than
22 years, if the violation resulted in injury to another
3person.
4    (5.3) In addition to any other penalties imposed, a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for 2 years, if the violation
8resulted in the death of another person.
9    (5.4) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code shall have his or her driver's license, permit, or
12privileges suspended for 3 months and until he or she has paid
13a reinstatement fee of $100.
14    (5.5) In addition to any other penalties imposed, a person
15convicted of violating Section 3-707 of the Illinois Vehicle
16Code during a period in which his or her driver's license,
17permit, or privileges were suspended for a previous violation
18of that Section shall have his or her driver's license,
19permit, or privileges suspended for an additional 6 months
20after the expiration of the original 3-month suspension and
21until he or she has paid a reinstatement fee of $100.
22    (6) (Blank).
23    (7) (Blank).
24    (8) (Blank).
25    (9) A defendant convicted of a second or subsequent
26offense of ritualized abuse of a child may be sentenced to a

 

 

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1term of natural life imprisonment.
2    (10) (Blank).
3    (11) The court shall impose a minimum fine of $1,000 for a
4first offense and $2,000 for a second or subsequent offense
5upon a person convicted of or placed on supervision for
6battery when the individual harmed was a sports official or
7coach at any level of competition and the act causing harm to
8the sports official or coach occurred within an athletic
9facility or within the immediate vicinity of the athletic
10facility at which the sports official or coach was an active
11participant of the athletic contest held at the athletic
12facility. For the purposes of this paragraph (11), "sports
13official" means a person at an athletic contest who enforces
14the rules of the contest, such as an umpire or referee;
15"athletic facility" means an indoor or outdoor playing field
16or recreational area where sports activities are conducted;
17and "coach" means a person recognized as a coach by the
18sanctioning authority that conducted the sporting event.
19    (12) A person may not receive a disposition of court
20supervision for a violation of Section 5-16 of the Boat
21Registration and Safety Act if that person has previously
22received a disposition of court supervision for a violation of
23that Section.
24    (13) A person convicted of or placed on court supervision
25for an assault or aggravated assault when the victim and the
26offender are family or household members as defined in Section

 

 

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1103 of the Illinois Domestic Violence Act of 1986 or convicted
2of domestic battery or aggravated domestic battery may be
3required to attend a Partner Abuse Intervention Program under
4protocols set forth by the Illinois Department of Human
5Services under such terms and conditions imposed by the court.
6The costs of such classes shall be paid by the offender.
7    (d) In any case in which a sentence originally imposed is
8vacated, the case shall be remanded to the trial court. The
9trial court shall hold a hearing under Section 5-4-1 of this
10Code which may include evidence of the defendant's life, moral
11character and occupation during the time since the original
12sentence was passed. The trial court shall then impose
13sentence upon the defendant. The trial court may impose any
14sentence which could have been imposed at the original trial
15subject to Section 5-5-4 of this Code. If a sentence is vacated
16on appeal or on collateral attack due to the failure of the
17trier of fact at trial to determine beyond a reasonable doubt
18the existence of a fact (other than a prior conviction)
19necessary to increase the punishment for the offense beyond
20the statutory maximum otherwise applicable, either the
21defendant may be re-sentenced to a term within the range
22otherwise provided or, if the State files notice of its
23intention to again seek the extended sentence, the defendant
24shall be afforded a new trial.
25    (e) In cases where prosecution for aggravated criminal
26sexual abuse under Section 11-1.60 or 12-16 of the Criminal

 

 

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1Code of 1961 or the Criminal Code of 2012 results in conviction
2of a defendant who was a family member of the victim at the
3time of the commission of the offense, the court shall
4consider the safety and welfare of the victim and may impose a
5sentence of probation only where:
6        (1) the court finds (A) or (B) or both are
7    appropriate:
8            (A) the defendant is willing to undergo a court
9        approved counseling program for a minimum duration of
10        2 years; or
11            (B) the defendant is willing to participate in a
12        court approved plan, including, but not limited to,
13        the defendant's:
14                (i) removal from the household;
15                (ii) restricted contact with the victim;
16                (iii) continued financial support of the
17            family;
18                (iv) restitution for harm done to the victim;
19            and
20                (v) compliance with any other measures that
21            the court may deem appropriate; and
22        (2) the court orders the defendant to pay for the
23    victim's counseling services, to the extent that the court
24    finds, after considering the defendant's income and
25    assets, that the defendant is financially capable of
26    paying for such services, if the victim was under 18 years

 

 

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1    of age at the time the offense was committed and requires
2    counseling as a result of the offense.
3    Probation may be revoked or modified pursuant to Section
45-6-4; except where the court determines at the hearing that
5the defendant violated a condition of his or her probation
6restricting contact with the victim or other family members or
7commits another offense with the victim or other family
8members, the court shall revoke the defendant's probation and
9impose a term of imprisonment.
10    For the purposes of this Section, "family member" and
11"victim" shall have the meanings ascribed to them in Section
1211-0.1 of the Criminal Code of 2012.
13    (f) (Blank).
14    (g) Whenever a defendant is convicted of an offense under
15Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1611-14.3, 11-14.4 except for an offense that involves keeping a
17place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1811-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1912-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
20Criminal Code of 2012, the defendant shall undergo medical
21testing to determine whether the defendant has any sexually
22transmissible disease, including a test for infection with
23human immunodeficiency virus (HIV) or any other identified
24causative agent of acquired immunodeficiency syndrome (AIDS).
25Any such medical test shall be performed only by appropriately
26licensed medical practitioners and may include an analysis of

 

 

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1any bodily fluids as well as an examination of the defendant's
2person. Except as otherwise provided by law, the results of
3such test shall be kept strictly confidential by all medical
4personnel involved in the testing and must be personally
5delivered in a sealed envelope to the judge of the court in
6which the conviction was entered for the judge's inspection in
7camera. Acting in accordance with the best interests of the
8victim and the public, the judge shall have the discretion to
9determine to whom, if anyone, the results of the testing may be
10revealed. The court shall notify the defendant of the test
11results. The court shall also notify the victim if requested
12by the victim, and if the victim is under the age of 15 and if
13requested by the victim's parents or legal guardian, the court
14shall notify the victim's parents or legal guardian of the
15test results. The court shall provide information on the
16availability of HIV testing and counseling at Department of
17Public Health facilities to all parties to whom the results of
18the testing are revealed and shall direct the State's Attorney
19to provide the information to the victim when possible. The
20court shall order that the cost of any such test shall be paid
21by the county and may be taxed as costs against the convicted
22defendant.
23    (g-5) When an inmate is tested for an airborne
24communicable disease, as determined by the Illinois Department
25of Public Health, including, but not limited to, tuberculosis,
26the results of the test shall be personally delivered by the

 

 

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1warden or his or her designee in a sealed envelope to the judge
2of the court in which the inmate must appear for the judge's
3inspection in camera if requested by the judge. Acting in
4accordance with the best interests of those in the courtroom,
5the judge shall have the discretion to determine what if any
6precautions need to be taken to prevent transmission of the
7disease in the courtroom.
8    (h) Whenever a defendant is convicted of an offense under
9Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
10defendant shall undergo medical testing to determine whether
11the defendant has been exposed to human immunodeficiency virus
12(HIV) or any other identified causative agent of acquired
13immunodeficiency syndrome (AIDS). Except as otherwise provided
14by law, the results of such test shall be kept strictly
15confidential by all medical personnel involved in the testing
16and must be personally delivered in a sealed envelope to the
17judge of the court in which the conviction was entered for the
18judge's inspection in camera. Acting in accordance with the
19best interests of the public, the judge shall have the
20discretion to determine to whom, if anyone, the results of the
21testing may be revealed. The court shall notify the defendant
22of a positive test showing an infection with the human
23immunodeficiency virus (HIV). The court shall provide
24information on the availability of HIV testing and counseling
25at Department of Public Health facilities to all parties to
26whom the results of the testing are revealed and shall direct

 

 

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1the State's Attorney to provide the information to the victim
2when possible. The court shall order that the cost of any such
3test shall be paid by the county and may be taxed as costs
4against the convicted defendant.
5    (i) All fines and penalties imposed under this Section for
6any violation of Chapters 3, 4, 6, and 11 of the Illinois
7Vehicle Code, or a similar provision of a local ordinance, and
8any violation of the Child Passenger Protection Act, or a
9similar provision of a local ordinance, shall be collected and
10disbursed by the circuit clerk as provided under the Criminal
11and Traffic Assessment Act.
12    (j) In cases when prosecution for any violation of Section
1311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1511-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1712-15, or 12-16 of the Criminal Code of 1961 or the Criminal
18Code of 2012, any violation of the Illinois Controlled
19Substances Act, any violation of the Cannabis Control Act, or
20any violation of the Methamphetamine Control and Community
21Protection Act results in conviction, a disposition of court
22supervision, or an order of probation granted under Section 10
23of the Cannabis Control Act, Section 410 of the Illinois
24Controlled Substances Act, or Section 70 of the
25Methamphetamine Control and Community Protection Act of a
26defendant, the court shall determine whether the defendant is

 

 

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1employed by a facility or center as defined under the Child
2Care Act of 1969, a public or private elementary or secondary
3school, or otherwise works with children under 18 years of age
4on a daily basis. When a defendant is so employed, the court
5shall order the Clerk of the Court to send a copy of the
6judgment of conviction or order of supervision or probation to
7the defendant's employer by certified mail. If the employer of
8the defendant is a school, the Clerk of the Court shall direct
9the mailing of a copy of the judgment of conviction or order of
10supervision or probation to the appropriate regional
11superintendent of schools. The regional superintendent of
12schools shall notify the State Board of Education of any
13notification under this subsection.
14    (j-5) A defendant at least 17 years of age who is convicted
15of a felony and who has not been previously convicted of a
16misdemeanor or felony and who is sentenced to a term of
17imprisonment in the Illinois Department of Corrections shall
18as a condition of his or her sentence be required by the court
19to attend educational courses designed to prepare the
20defendant for a high school diploma and to work toward a high
21school diploma or to work toward passing high school
22equivalency testing or to work toward completing a vocational
23training program offered by the Department of Corrections. If
24a defendant fails to complete the educational training
25required by his or her sentence during the term of
26incarceration, the Prisoner Review Board shall, as a condition

 

 

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1of mandatory supervised release, require the defendant, at his
2or her own expense, to pursue a course of study toward a high
3school diploma or passage of high school equivalency testing.
4The Prisoner Review Board shall revoke the mandatory
5supervised release of a defendant who wilfully fails to comply
6with this subsection (j-5) upon his or her release from
7confinement in a penal institution while serving a mandatory
8supervised release term; however, the inability of the
9defendant after making a good faith effort to obtain financial
10aid or pay for the educational training shall not be deemed a
11wilful failure to comply. The Prisoner Review Board shall
12recommit the defendant whose mandatory supervised release term
13has been revoked under this subsection (j-5) as provided in
14Section 3-3-9. This subsection (j-5) does not apply to a
15defendant who has a high school diploma or has successfully
16passed high school equivalency testing. This subsection (j-5)
17does not apply to a defendant who is determined by the court to
18be a person with a developmental disability or otherwise
19mentally incapable of completing the educational or vocational
20program.
21    (k) (Blank).
22    (l) (A) Except as provided in paragraph (C) of subsection
23(l), whenever a defendant, who is not a citizen or national of
24the United States, is convicted of any felony or misdemeanor
25offense, the court after sentencing the defendant may, upon
26motion of the State's Attorney, hold sentence in abeyance and

 

 

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1remand the defendant to the custody of the Attorney General of
2the United States or his or her designated agent to be deported
3when:
4        (1) a final order of deportation has been issued
5    against the defendant pursuant to proceedings under the
6    Immigration and Nationality Act, and
7        (2) the deportation of the defendant would not
8    deprecate the seriousness of the defendant's conduct and
9    would not be inconsistent with the ends of justice.
10    Otherwise, the defendant shall be sentenced as provided in
11this Chapter V.
12    (B) If the defendant has already been sentenced for a
13felony or misdemeanor offense, or has been placed on probation
14under Section 10 of the Cannabis Control Act, Section 410 of
15the Illinois Controlled Substances Act, or Section 70 of the
16Methamphetamine Control and Community Protection Act, the
17court may, upon motion of the State's Attorney to suspend the
18sentence imposed, commit the defendant to the custody of the
19Attorney General of the United States or his or her designated
20agent when:
21        (1) a final order of deportation has been issued
22    against the defendant pursuant to proceedings under the
23    Immigration and Nationality Act, and
24        (2) the deportation of the defendant would not
25    deprecate the seriousness of the defendant's conduct and
26    would not be inconsistent with the ends of justice.

 

 

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1    (C) This subsection (l) does not apply to offenders who
2are subject to the provisions of paragraph (2) of subsection
3(a) of Section 3-6-3.
4    (D) Upon motion of the State's Attorney, if a defendant
5sentenced under this Section returns to the jurisdiction of
6the United States, the defendant shall be recommitted to the
7custody of the county from which he or she was sentenced.
8Thereafter, the defendant shall be brought before the
9sentencing court, which may impose any sentence that was
10available under Section 5-5-3 at the time of initial
11sentencing. In addition, the defendant shall not be eligible
12for additional earned sentence credit as provided under
13Section 3-6-3.
14    (m) A person convicted of criminal defacement of property
15under Section 21-1.3 of the Criminal Code of 1961 or the
16Criminal Code of 2012, in which the property damage exceeds
17$300 and the property damaged is a school building, shall be
18ordered to perform community service that may include cleanup,
19removal, or painting over the defacement.
20    (n) The court may sentence a person convicted of a
21violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
22subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
23of 1961 or the Criminal Code of 2012 (i) to an impact
24incarceration program if the person is otherwise eligible for
25that program under Section 5-8-1.1, (ii) to community service,
26or (iii) if the person has a substance use disorder, as defined

 

 

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1in the Substance Use Disorder Act, to a treatment program
2licensed under that Act.
3    (o) Whenever a person is convicted of a sex offense as
4defined in Section 2 of the Sex Offender Registration Act, the
5defendant's driver's license or permit shall be subject to
6renewal on an annual basis in accordance with the provisions
7of license renewal established by the Secretary of State.
8(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
9102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
105-27-22.)
 
11    (730 ILCS 5/5-5-3.2)
12    (Text of Section before amendment by P.A. 102-982)
13    Sec. 5-5-3.2. Factors in aggravation and extended-term
14sentencing.
15    (a) The following factors shall be accorded weight in
16favor of imposing a term of imprisonment or may be considered
17by the court as reasons to impose a more severe sentence under
18Section 5-8-1 or Article 4.5 of Chapter V:
19        (1) the defendant's conduct caused or threatened
20    serious harm;
21        (2) the defendant received compensation for committing
22    the offense;
23        (3) the defendant has a history of prior delinquency
24    or criminal activity;
25        (4) the defendant, by the duties of his office or by

 

 

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1    his position, was obliged to prevent the particular
2    offense committed or to bring the offenders committing it
3    to justice;
4        (5) the defendant held public office at the time of
5    the offense, and the offense related to the conduct of
6    that office;
7        (6) the defendant utilized his professional reputation
8    or position in the community to commit the offense, or to
9    afford him an easier means of committing it;
10        (7) the sentence is necessary to deter others from
11    committing the same crime;
12        (8) the defendant committed the offense against a
13    person 60 years of age or older or such person's property;
14        (9) the defendant committed the offense against a
15    person who has a physical disability or such person's
16    property;
17        (10) by reason of another individual's actual or
18    perceived race, color, creed, religion, ancestry, gender,
19    sexual orientation, physical or mental disability, or
20    national origin, the defendant committed the offense
21    against (i) the person or property of that individual;
22    (ii) the person or property of a person who has an
23    association with, is married to, or has a friendship with
24    the other individual; or (iii) the person or property of a
25    relative (by blood or marriage) of a person described in
26    clause (i) or (ii). For the purposes of this Section,

 

 

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1    "sexual orientation" has the meaning ascribed to it in
2    paragraph (O-1) of Section 1-103 of the Illinois Human
3    Rights Act;
4        (11) the offense took place in a place of worship or on
5    the grounds of a place of worship, immediately prior to,
6    during or immediately following worship services. For
7    purposes of this subparagraph, "place of worship" shall
8    mean any church, synagogue or other building, structure or
9    place used primarily for religious worship;
10        (12) the defendant was convicted of a felony committed
11    while he was on pretrial release or his own recognizance
12    pending trial for a prior felony and was convicted of such
13    prior felony, or the defendant was convicted of a felony
14    committed while he was serving a period of probation,
15    conditional discharge, or mandatory supervised release
16    under subsection (d) of Section 5-8-1 for a prior felony;
17        (13) the defendant committed or attempted to commit a
18    felony while he was wearing a bulletproof vest. For the
19    purposes of this paragraph (13), a bulletproof vest is any
20    device which is designed for the purpose of protecting the
21    wearer from bullets, shot or other lethal projectiles;
22        (14) the defendant held a position of trust or
23    supervision such as, but not limited to, family member as
24    defined in Section 11-0.1 of the Criminal Code of 2012,
25    teacher, scout leader, baby sitter, or day care worker, in
26    relation to a victim under 18 years of age, and the

 

 

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1    defendant committed an offense in violation of Section
2    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
3    11-14.4 except for an offense that involves keeping a
4    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
5    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
6    or 12-16 of the Criminal Code of 1961 or the Criminal Code
7    of 2012 against that victim;
8        (15) the defendant committed an offense related to the
9    activities of an organized gang. For the purposes of this
10    factor, "organized gang" has the meaning ascribed to it in
11    Section 10 of the Streetgang Terrorism Omnibus Prevention
12    Act;
13        (16) the defendant committed an offense in violation
14    of one of the following Sections while in a school,
15    regardless of the time of day or time of year; on any
16    conveyance owned, leased, or contracted by a school to
17    transport students to or from school or a school related
18    activity; on the real property of a school; or on a public
19    way within 1,000 feet of the real property comprising any
20    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25    for subdivision (a)(4) or (g)(1), of the Criminal Code of
26    1961 or the Criminal Code of 2012;

 

 

SB1576- 169 -LRB103 26117 RLC 52472 b

1        (16.5) the defendant committed an offense in violation
2    of one of the following Sections while in a day care
3    center, regardless of the time of day or time of year; on
4    the real property of a day care center, regardless of the
5    time of day or time of year; or on a public way within
6    1,000 feet of the real property comprising any day care
7    center, regardless of the time of day or time of year:
8    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12    18-2, or 33A-2, or Section 12-3.05 except for subdivision
13    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14    Criminal Code of 2012;
15        (17) the defendant committed the offense by reason of
16    any person's activity as a community policing volunteer or
17    to prevent any person from engaging in activity as a
18    community policing volunteer. For the purpose of this
19    Section, "community policing volunteer" has the meaning
20    ascribed to it in Section 2-3.5 of the Criminal Code of
21    2012;
22        (18) the defendant committed the offense in a nursing
23    home or on the real property comprising a nursing home.
24    For the purposes of this paragraph (18), "nursing home"
25    means a skilled nursing or intermediate long term care
26    facility that is subject to license by the Illinois

 

 

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1    Department of Public Health under the Nursing Home Care
2    Act, the Specialized Mental Health Rehabilitation Act of
3    2013, the ID/DD Community Care Act, or the MC/DD Act;
4        (19) the defendant was a federally licensed firearm
5    dealer and was previously convicted of a violation of
6    subsection (a) of Section 3 of the Firearm Owners
7    Identification Card Act and has now committed either a
8    felony violation of the Firearm Owners Identification Card
9    Act or an act of armed violence while armed with a firearm;
10        (20) the defendant (i) committed the offense of
11    reckless homicide under Section 9-3 of the Criminal Code
12    of 1961 or the Criminal Code of 2012 or the offense of
13    driving under the influence of alcohol, other drug or
14    drugs, intoxicating compound or compounds or any
15    combination thereof under Section 11-501 of the Illinois
16    Vehicle Code or a similar provision of a local ordinance
17    and (ii) was operating a motor vehicle in excess of 20
18    miles per hour over the posted speed limit as provided in
19    Article VI of Chapter 11 of the Illinois Vehicle Code;
20        (21) the defendant (i) committed the offense of
21    reckless driving or aggravated reckless driving under
22    Section 11-503 of the Illinois Vehicle Code and (ii) was
23    operating a motor vehicle in excess of 20 miles per hour
24    over the posted speed limit as provided in Article VI of
25    Chapter 11 of the Illinois Vehicle Code;
26        (22) the defendant committed the offense against a

 

 

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1    person that the defendant knew, or reasonably should have
2    known, was a member of the Armed Forces of the United
3    States serving on active duty. For purposes of this clause
4    (22), the term "Armed Forces" means any of the Armed
5    Forces of the United States, including a member of any
6    reserve component thereof or National Guard unit called to
7    active duty;
8        (23) the defendant committed the offense against a
9    person who was elderly or infirm or who was a person with a
10    disability by taking advantage of a family or fiduciary
11    relationship with the elderly or infirm person or person
12    with a disability;
13        (24) the defendant committed any offense under Section
14    11-20.1 of the Criminal Code of 1961 or the Criminal Code
15    of 2012 and possessed 100 or more images;
16        (25) the defendant committed the offense while the
17    defendant or the victim was in a train, bus, or other
18    vehicle used for public transportation;
19        (26) the defendant committed the offense of child
20    pornography or aggravated child pornography, specifically
21    including paragraph (1), (2), (3), (4), (5), or (7) of
22    subsection (a) of Section 11-20.1 of the Criminal Code of
23    1961 or the Criminal Code of 2012 where a child engaged in,
24    solicited for, depicted in, or posed in any act of sexual
25    penetration or bound, fettered, or subject to sadistic,
26    masochistic, or sadomasochistic abuse in a sexual context

 

 

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1    and specifically including paragraph (1), (2), (3), (4),
2    (5), or (7) of subsection (a) of Section 11-20.1B or
3    Section 11-20.3 of the Criminal Code of 1961 where a child
4    engaged in, solicited for, depicted in, or posed in any
5    act of sexual penetration or bound, fettered, or subject
6    to sadistic, masochistic, or sadomasochistic abuse in a
7    sexual context;
8        (27) the defendant committed the offense of first
9    degree murder, assault, aggravated assault, battery,
10    aggravated battery, robbery, armed robbery, or aggravated
11    robbery against a person who was a veteran and the
12    defendant knew, or reasonably should have known, that the
13    person was a veteran performing duties as a representative
14    of a veterans' organization. For the purposes of this
15    paragraph (27), "veteran" means an Illinois resident who
16    has served as a member of the United States Armed Forces, a
17    member of the Illinois National Guard, or a member of the
18    United States Reserve Forces; and "veterans' organization"
19    means an organization comprised of members of which
20    substantially all are individuals who are veterans or
21    spouses, widows, or widowers of veterans, the primary
22    purpose of which is to promote the welfare of its members
23    and to provide assistance to the general public in such a
24    way as to confer a public benefit;
25        (28) the defendant committed the offense of assault,
26    aggravated assault, battery, aggravated battery, robbery,

 

 

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1    armed robbery, or aggravated robbery against a person that
2    the defendant knew or reasonably should have known was a
3    letter carrier or postal worker while that person was
4    performing his or her duties delivering mail for the
5    United States Postal Service;
6        (29) the defendant committed the offense of criminal
7    sexual assault, aggravated criminal sexual assault,
8    criminal sexual abuse, or aggravated criminal sexual abuse
9    against a victim with an intellectual disability, and the
10    defendant holds a position of trust, authority, or
11    supervision in relation to the victim;
12        (30) the defendant committed the offense of promoting
13    juvenile prostitution, patronizing a prostitute, or
14    patronizing a minor engaged in prostitution and at the
15    time of the commission of the offense knew that the
16    prostitute or minor engaged in prostitution was in the
17    custody or guardianship of the Department of Children and
18    Family Services;
19        (31) the defendant (i) committed the offense of
20    driving while under the influence of alcohol, other drug
21    or drugs, intoxicating compound or compounds or any
22    combination thereof in violation of Section 11-501 of the
23    Illinois Vehicle Code or a similar provision of a local
24    ordinance and (ii) the defendant during the commission of
25    the offense was driving his or her vehicle upon a roadway
26    designated for one-way traffic in the opposite direction

 

 

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1    of the direction indicated by official traffic control
2    devices;
3        (32) the defendant committed the offense of reckless
4    homicide while committing a violation of Section 11-907 of
5    the Illinois Vehicle Code;
6        (33) the defendant was found guilty of an
7    administrative infraction related to an act or acts of
8    public indecency or sexual misconduct in the penal
9    institution. In this paragraph (33), "penal institution"
10    has the same meaning as in Section 2-14 of the Criminal
11    Code of 2012; or
12        (34) the defendant committed the offense of leaving
13    the scene of an accident in violation of subsection (b) of
14    Section 11-401 of the Illinois Vehicle Code and the
15    accident resulted in the death of a person and at the time
16    of the offense, the defendant was: (i) driving under the
17    influence of alcohol, other drug or drugs, intoxicating
18    compound or compounds or any combination thereof as
19    defined by Section 11-501 of the Illinois Vehicle Code; or
20    (ii) operating the motor vehicle while using an electronic
21    communication device as defined in Section 12-610.2 of the
22    Illinois Vehicle Code.
23    For the purposes of this Section:
24    "School" is defined as a public or private elementary or
25secondary school, community college, college, or university.
26    "Day care center" means a public or private State

 

 

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1certified and licensed day care center as defined in Section
22.09 of the Child Care Act of 1969 that displays a sign in
3plain view stating that the property is a day care center.
4    "Intellectual disability" means significantly subaverage
5intellectual functioning which exists concurrently with
6impairment in adaptive behavior.
7    "Public transportation" means the transportation or
8conveyance of persons by means available to the general
9public, and includes paratransit services.
10    "Traffic control devices" means all signs, signals,
11markings, and devices that conform to the Illinois Manual on
12Uniform Traffic Control Devices, placed or erected by
13authority of a public body or official having jurisdiction,
14for the purpose of regulating, warning, or guiding traffic.
15    (b) The following factors, related to all felonies, may be
16considered by the court as reasons to impose an extended term
17sentence under Section 5-8-2 upon any offender:
18        (1) When a defendant is convicted of any felony, after
19    having been previously convicted in Illinois or any other
20    jurisdiction of the same or similar class felony or
21    greater class felony, when such conviction has occurred
22    within 10 years after the previous conviction, excluding
23    time spent in custody, and such charges are separately
24    brought and tried and arise out of different series of
25    acts; or
26        (2) When a defendant is convicted of any felony and

 

 

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1    the court finds that the offense was accompanied by
2    exceptionally brutal or heinous behavior indicative of
3    wanton cruelty; or
4        (3) When a defendant is convicted of any felony
5    committed against:
6            (i) a person under 12 years of age at the time of
7        the offense or such person's property;
8            (ii) a person 60 years of age or older at the time
9        of the offense or such person's property; or
10            (iii) a person who had a physical disability at
11        the time of the offense or such person's property; or
12        (4) When a defendant is convicted of any felony and
13    the offense involved any of the following types of
14    specific misconduct committed as part of a ceremony, rite,
15    initiation, observance, performance, practice or activity
16    of any actual or ostensible religious, fraternal, or
17    social group:
18            (i) the brutalizing or torturing of humans or
19        animals;
20            (ii) the theft of human corpses;
21            (iii) the kidnapping of humans;
22            (iv) the desecration of any cemetery, religious,
23        fraternal, business, governmental, educational, or
24        other building or property; or
25            (v) ritualized abuse of a child; or
26        (5) When a defendant is convicted of a felony other

 

 

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1    than conspiracy and the court finds that the felony was
2    committed under an agreement with 2 or more other persons
3    to commit that offense and the defendant, with respect to
4    the other individuals, occupied a position of organizer,
5    supervisor, financier, or any other position of management
6    or leadership, and the court further finds that the felony
7    committed was related to or in furtherance of the criminal
8    activities of an organized gang or was motivated by the
9    defendant's leadership in an organized gang; or
10        (6) When a defendant is convicted of an offense
11    committed while using a firearm with a laser sight
12    attached to it. For purposes of this paragraph, "laser
13    sight" has the meaning ascribed to it in Section 26-7 of
14    the Criminal Code of 2012; or
15        (7) When a defendant who was at least 17 years of age
16    at the time of the commission of the offense is convicted
17    of a felony and has been previously adjudicated a
18    delinquent minor under the Juvenile Court Act of 1987 for
19    an act that if committed by an adult would be a Class X or
20    Class 1 felony when the conviction has occurred within 10
21    years after the previous adjudication, excluding time
22    spent in custody; or
23        (8) When a defendant commits any felony and the
24    defendant used, possessed, exercised control over, or
25    otherwise directed an animal to assault a law enforcement
26    officer engaged in the execution of his or her official

 

 

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1    duties or in furtherance of the criminal activities of an
2    organized gang in which the defendant is engaged; or
3        (9) When a defendant commits any felony and the
4    defendant knowingly video or audio records the offense
5    with the intent to disseminate the recording.
6    (c) The following factors may be considered by the court
7as reasons to impose an extended term sentence under Section
85-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
9offenses:
10        (1) When a defendant is convicted of first degree
11    murder, after having been previously convicted in Illinois
12    of any offense listed under paragraph (c)(2) of Section
13    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
14    occurred within 10 years after the previous conviction,
15    excluding time spent in custody, and the charges are
16    separately brought and tried and arise out of different
17    series of acts.
18        (1.5) When a defendant is convicted of first degree
19    murder, after having been previously convicted of domestic
20    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
21    (720 ILCS 5/12-3.3) committed on the same victim or after
22    having been previously convicted of violation of an order
23    of protection (720 ILCS 5/12-30) in which the same victim
24    was the protected person.
25        (2) When a defendant is convicted of voluntary
26    manslaughter, second degree murder, involuntary

 

 

SB1576- 179 -LRB103 26117 RLC 52472 b

1    manslaughter, or reckless homicide in which the defendant
2    has been convicted of causing the death of more than one
3    individual.
4        (3) When a defendant is convicted of aggravated
5    criminal sexual assault or criminal sexual assault, when
6    there is a finding that aggravated criminal sexual assault
7    or criminal sexual assault was also committed on the same
8    victim by one or more other individuals, and the defendant
9    voluntarily participated in the crime with the knowledge
10    of the participation of the others in the crime, and the
11    commission of the crime was part of a single course of
12    conduct during which there was no substantial change in
13    the nature of the criminal objective.
14        (4) If the victim was under 18 years of age at the time
15    of the commission of the offense, when a defendant is
16    convicted of aggravated criminal sexual assault or
17    predatory criminal sexual assault of a child under
18    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
19    of Section 12-14.1 of the Criminal Code of 1961 or the
20    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
21        (5) When a defendant is convicted of a felony
22    violation of Section 24-1 of the Criminal Code of 1961 or
23    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
24    finding that the defendant is a member of an organized
25    gang.
26        (6) When a defendant was convicted of unlawful use of

 

 

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1    weapons under Section 24-1 of the Criminal Code of 1961 or
2    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
3    a weapon that is not readily distinguishable as one of the
4    weapons enumerated in Section 24-1 of the Criminal Code of
5    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
6        (7) When a defendant is convicted of an offense
7    involving the illegal manufacture of a controlled
8    substance under Section 401 of the Illinois Controlled
9    Substances Act (720 ILCS 570/401), the illegal manufacture
10    of methamphetamine under Section 25 of the Methamphetamine
11    Control and Community Protection Act (720 ILCS 646/25), or
12    the illegal possession of explosives and an emergency
13    response officer in the performance of his or her duties
14    is killed or injured at the scene of the offense while
15    responding to the emergency caused by the commission of
16    the offense. In this paragraph, "emergency" means a
17    situation in which a person's life, health, or safety is
18    in jeopardy; and "emergency response officer" means a
19    peace officer, community policing volunteer, fireman,
20    emergency medical technician-ambulance, emergency medical
21    technician-intermediate, emergency medical
22    technician-paramedic, ambulance driver, other medical
23    assistance or first aid personnel, or hospital emergency
24    room personnel.
25        (8) When the defendant is convicted of attempted mob
26    action, solicitation to commit mob action, or conspiracy

 

 

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1    to commit mob action under Section 8-1, 8-2, or 8-4 of the
2    Criminal Code of 2012, where the criminal object is a
3    violation of Section 25-1 of the Criminal Code of 2012,
4    and an electronic communication is used in the commission
5    of the offense. For the purposes of this paragraph (8),
6    "electronic communication" shall have the meaning provided
7    in Section 26.5-0.1 of the Criminal Code of 2012.
8    (d) For the purposes of this Section, "organized gang" has
9the meaning ascribed to it in Section 10 of the Illinois
10Streetgang Terrorism Omnibus Prevention Act.
11    (e) The court may impose an extended term sentence under
12Article 4.5 of Chapter V upon an offender who has been
13convicted of a felony violation of Section 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
16when the victim of the offense is under 18 years of age at the
17time of the commission of the offense and, during the
18commission of the offense, the victim was under the influence
19of alcohol, regardless of whether or not the alcohol was
20supplied by the offender; and the offender, at the time of the
21commission of the offense, knew or should have known that the
22victim had consumed alcohol.
23(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
24101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
258-20-21.)
 

 

 

SB1576- 182 -LRB103 26117 RLC 52472 b

1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 5-5-3.2. Factors in aggravation and extended-term
3sentencing.
4    (a) The following factors shall be accorded weight in
5favor of imposing a term of imprisonment or may be considered
6by the court as reasons to impose a more severe sentence under
7Section 5-8-1 or Article 4.5 of Chapter V:
8        (1) the defendant's conduct caused or threatened
9    serious harm;
10        (2) the defendant received compensation for committing
11    the offense;
12        (3) the defendant has a history of prior delinquency
13    or criminal activity;
14        (4) the defendant, by the duties of his office or by
15    his position, was obliged to prevent the particular
16    offense committed or to bring the offenders committing it
17    to justice;
18        (5) the defendant held public office at the time of
19    the offense, and the offense related to the conduct of
20    that office;
21        (6) the defendant utilized his professional reputation
22    or position in the community to commit the offense, or to
23    afford him an easier means of committing it;
24        (7) the sentence is necessary to deter others from
25    committing the same crime;
26        (8) the defendant committed the offense against a

 

 

SB1576- 183 -LRB103 26117 RLC 52472 b

1    person 60 years of age or older or such person's property;
2        (9) the defendant committed the offense against a
3    person who has a physical disability or such person's
4    property;
5        (10) by reason of another individual's actual or
6    perceived race, color, creed, religion, ancestry, gender,
7    sexual orientation, physical or mental disability, or
8    national origin, the defendant committed the offense
9    against (i) the person or property of that individual;
10    (ii) the person or property of a person who has an
11    association with, is married to, or has a friendship with
12    the other individual; or (iii) the person or property of a
13    relative (by blood or marriage) of a person described in
14    clause (i) or (ii). For the purposes of this Section,
15    "sexual orientation" has the meaning ascribed to it in
16    paragraph (O-1) of Section 1-103 of the Illinois Human
17    Rights Act;
18        (11) the offense took place in a place of worship or on
19    the grounds of a place of worship, immediately prior to,
20    during or immediately following worship services. For
21    purposes of this subparagraph, "place of worship" shall
22    mean any church, synagogue or other building, structure or
23    place used primarily for religious worship;
24        (12) the defendant was convicted of a felony committed
25    while he was on pretrial release or his own recognizance
26    pending trial for a prior felony and was convicted of such

 

 

SB1576- 184 -LRB103 26117 RLC 52472 b

1    prior felony, or the defendant was convicted of a felony
2    committed while he was serving a period of probation,
3    conditional discharge, or mandatory supervised release
4    under subsection (d) of Section 5-8-1 for a prior felony;
5        (13) the defendant committed or attempted to commit a
6    felony while he was wearing a bulletproof vest. For the
7    purposes of this paragraph (13), a bulletproof vest is any
8    device which is designed for the purpose of protecting the
9    wearer from bullets, shot or other lethal projectiles;
10        (14) the defendant held a position of trust or
11    supervision such as, but not limited to, family member as
12    defined in Section 11-0.1 of the Criminal Code of 2012,
13    teacher, scout leader, baby sitter, or day care worker, in
14    relation to a victim under 18 years of age, and the
15    defendant committed an offense in violation of Section
16    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
17    11-14.4 except for an offense that involves keeping a
18    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
19    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
20    or 12-16 of the Criminal Code of 1961 or the Criminal Code
21    of 2012 against that victim;
22        (15) the defendant committed an offense related to the
23    activities of an organized gang. For the purposes of this
24    factor, "organized gang" has the meaning ascribed to it in
25    Section 10 of the Streetgang Terrorism Omnibus Prevention
26    Act;

 

 

SB1576- 185 -LRB103 26117 RLC 52472 b

1        (16) the defendant committed an offense in violation
2    of one of the following Sections while in a school,
3    regardless of the time of day or time of year; on any
4    conveyance owned, leased, or contracted by a school to
5    transport students to or from school or a school related
6    activity; on the real property of a school; or on a public
7    way within 1,000 feet of the real property comprising any
8    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
9    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
10    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
11    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
12    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
13    for subdivision (a)(4) or (g)(1), of the Criminal Code of
14    1961 or the Criminal Code of 2012;
15        (16.5) the defendant committed an offense in violation
16    of one of the following Sections while in a day care
17    center, regardless of the time of day or time of year; on
18    the real property of a day care center, regardless of the
19    time of day or time of year; or on a public way within
20    1,000 feet of the real property comprising any day care
21    center, regardless of the time of day or time of year:
22    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
23    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
24    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
25    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
26    18-2, or 33A-2, or Section 12-3.05 except for subdivision

 

 

SB1576- 186 -LRB103 26117 RLC 52472 b

1    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
2    Criminal Code of 2012;
3        (17) the defendant committed the offense by reason of
4    any person's activity as a community policing volunteer or
5    to prevent any person from engaging in activity as a
6    community policing volunteer. For the purpose of this
7    Section, "community policing volunteer" has the meaning
8    ascribed to it in Section 2-3.5 of the Criminal Code of
9    2012;
10        (18) the defendant committed the offense in a nursing
11    home or on the real property comprising a nursing home.
12    For the purposes of this paragraph (18), "nursing home"
13    means a skilled nursing or intermediate long term care
14    facility that is subject to license by the Illinois
15    Department of Public Health under the Nursing Home Care
16    Act, the Specialized Mental Health Rehabilitation Act of
17    2013, the ID/DD Community Care Act, or the MC/DD Act;
18        (19) the defendant was a federally licensed firearm
19    dealer and was previously convicted of a violation of
20    subsection (a) of Section 3 of the Firearm Owners
21    Identification Card Act and has now committed either a
22    felony violation of the Firearm Owners Identification Card
23    Act or an act of armed violence while armed with a firearm;
24        (20) the defendant (i) committed the offense of
25    reckless homicide under Section 9-3 of the Criminal Code
26    of 1961 or the Criminal Code of 2012 or the offense of

 

 

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1    driving under the influence of alcohol, other drug or
2    drugs, intoxicating compound or compounds or any
3    combination thereof under Section 11-501 of the Illinois
4    Vehicle Code or a similar provision of a local ordinance
5    and (ii) was operating a motor vehicle in excess of 20
6    miles per hour over the posted speed limit as provided in
7    Article VI of Chapter 11 of the Illinois Vehicle Code;
8        (21) the defendant (i) committed the offense of
9    reckless driving or aggravated reckless driving under
10    Section 11-503 of the Illinois Vehicle Code and (ii) was
11    operating a motor vehicle in excess of 20 miles per hour
12    over the posted speed limit as provided in Article VI of
13    Chapter 11 of the Illinois Vehicle Code;
14        (22) the defendant committed the offense against a
15    person that the defendant knew, or reasonably should have
16    known, was a member of the Armed Forces of the United
17    States serving on active duty. For purposes of this clause
18    (22), the term "Armed Forces" means any of the Armed
19    Forces of the United States, including a member of any
20    reserve component thereof or National Guard unit called to
21    active duty;
22        (23) the defendant committed the offense against a
23    person who was elderly or infirm or who was a person with a
24    disability by taking advantage of a family or fiduciary
25    relationship with the elderly or infirm person or person
26    with a disability;

 

 

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1        (24) the defendant committed any offense under Section
2    11-20.1 of the Criminal Code of 1961 or the Criminal Code
3    of 2012 and possessed 100 or more images;
4        (25) the defendant committed the offense while the
5    defendant or the victim was in a train, bus, or other
6    vehicle used for public transportation;
7        (26) the defendant committed the offense of child
8    sexual abuse material pornography or aggravated child
9    pornography, specifically including paragraph (1), (2),
10    (3), (4), (5), or (7) of subsection (a) of Section 11-20.1
11    of the Criminal Code of 1961 or the Criminal Code of 2012
12    where a child engaged in, solicited for, depicted in, or
13    posed in any act of sexual penetration or bound, fettered,
14    or subject to sadistic, masochistic, or sadomasochistic
15    abuse in a sexual context and specifically including
16    paragraph (1), (2), (3), (4), (5), or (7) of subsection
17    (a) of Section 11-20.1B or Section 11-20.3 of the Criminal
18    Code of 1961 where a child engaged in, solicited for,
19    depicted in, or posed in any act of sexual penetration or
20    bound, fettered, or subject to sadistic, masochistic, or
21    sadomasochistic abuse in a sexual context;
22        (27) the defendant committed the offense of first
23    degree murder, assault, aggravated assault, battery,
24    aggravated battery, robbery, armed robbery, or aggravated
25    robbery against a person who was a veteran and the
26    defendant knew, or reasonably should have known, that the

 

 

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1    person was a veteran performing duties as a representative
2    of a veterans' organization. For the purposes of this
3    paragraph (27), "veteran" means an Illinois resident who
4    has served as a member of the United States Armed Forces, a
5    member of the Illinois National Guard, or a member of the
6    United States Reserve Forces; and "veterans' organization"
7    means an organization comprised of members of which
8    substantially all are individuals who are veterans or
9    spouses, widows, or widowers of veterans, the primary
10    purpose of which is to promote the welfare of its members
11    and to provide assistance to the general public in such a
12    way as to confer a public benefit;
13        (28) the defendant committed the offense of assault,
14    aggravated assault, battery, aggravated battery, robbery,
15    armed robbery, or aggravated robbery against a person that
16    the defendant knew or reasonably should have known was a
17    letter carrier or postal worker while that person was
18    performing his or her duties delivering mail for the
19    United States Postal Service;
20        (29) the defendant committed the offense of criminal
21    sexual assault, aggravated criminal sexual assault,
22    criminal sexual abuse, or aggravated criminal sexual abuse
23    against a victim with an intellectual disability, and the
24    defendant holds a position of trust, authority, or
25    supervision in relation to the victim;
26        (30) the defendant committed the offense of promoting

 

 

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1    juvenile prostitution, patronizing a prostitute, or
2    patronizing a minor engaged in prostitution and at the
3    time of the commission of the offense knew that the
4    prostitute or minor engaged in prostitution was in the
5    custody or guardianship of the Department of Children and
6    Family Services;
7        (31) the defendant (i) committed the offense of
8    driving while under the influence of alcohol, other drug
9    or drugs, intoxicating compound or compounds or any
10    combination thereof in violation of Section 11-501 of the
11    Illinois Vehicle Code or a similar provision of a local
12    ordinance and (ii) the defendant during the commission of
13    the offense was driving his or her vehicle upon a roadway
14    designated for one-way traffic in the opposite direction
15    of the direction indicated by official traffic control
16    devices;
17        (32) the defendant committed the offense of reckless
18    homicide while committing a violation of Section 11-907 of
19    the Illinois Vehicle Code;
20        (33) the defendant was found guilty of an
21    administrative infraction related to an act or acts of
22    public indecency or sexual misconduct in the penal
23    institution. In this paragraph (33), "penal institution"
24    has the same meaning as in Section 2-14 of the Criminal
25    Code of 2012; or
26        (34) the defendant committed the offense of leaving

 

 

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1    the scene of a crash in violation of subsection (b) of
2    Section 11-401 of the Illinois Vehicle Code and the crash
3    resulted in the death of a person and at the time of the
4    offense, the defendant was: (i) driving under the
5    influence of alcohol, other drug or drugs, intoxicating
6    compound or compounds or any combination thereof as
7    defined by Section 11-501 of the Illinois Vehicle Code; or
8    (ii) operating the motor vehicle while using an electronic
9    communication device as defined in Section 12-610.2 of the
10    Illinois Vehicle Code.
11    For the purposes of this Section:
12    "School" is defined as a public or private elementary or
13secondary school, community college, college, or university.
14    "Day care center" means a public or private State
15certified and licensed day care center as defined in Section
162.09 of the Child Care Act of 1969 that displays a sign in
17plain view stating that the property is a day care center.
18    "Intellectual disability" means significantly subaverage
19intellectual functioning which exists concurrently with
20impairment in adaptive behavior.
21    "Public transportation" means the transportation or
22conveyance of persons by means available to the general
23public, and includes paratransit services.
24    "Traffic control devices" means all signs, signals,
25markings, and devices that conform to the Illinois Manual on
26Uniform Traffic Control Devices, placed or erected by

 

 

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1authority of a public body or official having jurisdiction,
2for the purpose of regulating, warning, or guiding traffic.
3    (b) The following factors, related to all felonies, may be
4considered by the court as reasons to impose an extended term
5sentence under Section 5-8-2 upon any offender:
6        (1) When a defendant is convicted of any felony, after
7    having been previously convicted in Illinois or any other
8    jurisdiction of the same or similar class felony or
9    greater class felony, when such conviction has occurred
10    within 10 years after the previous conviction, excluding
11    time spent in custody, and such charges are separately
12    brought and tried and arise out of different series of
13    acts; or
14        (2) When a defendant is convicted of any felony and
15    the court finds that the offense was accompanied by
16    exceptionally brutal or heinous behavior indicative of
17    wanton cruelty; or
18        (3) When a defendant is convicted of any felony
19    committed against:
20            (i) a person under 12 years of age at the time of
21        the offense or such person's property;
22            (ii) a person 60 years of age or older at the time
23        of the offense or such person's property; or
24            (iii) a person who had a physical disability at
25        the time of the offense or such person's property; or
26        (4) When a defendant is convicted of any felony and

 

 

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1    the offense involved any of the following types of
2    specific misconduct committed as part of a ceremony, rite,
3    initiation, observance, performance, practice or activity
4    of any actual or ostensible religious, fraternal, or
5    social group:
6            (i) the brutalizing or torturing of humans or
7        animals;
8            (ii) the theft of human corpses;
9            (iii) the kidnapping of humans;
10            (iv) the desecration of any cemetery, religious,
11        fraternal, business, governmental, educational, or
12        other building or property; or
13            (v) ritualized abuse of a child; or
14        (5) When a defendant is convicted of a felony other
15    than conspiracy and the court finds that the felony was
16    committed under an agreement with 2 or more other persons
17    to commit that offense and the defendant, with respect to
18    the other individuals, occupied a position of organizer,
19    supervisor, financier, or any other position of management
20    or leadership, and the court further finds that the felony
21    committed was related to or in furtherance of the criminal
22    activities of an organized gang or was motivated by the
23    defendant's leadership in an organized gang; or
24        (6) When a defendant is convicted of an offense
25    committed while using a firearm with a laser sight
26    attached to it. For purposes of this paragraph, "laser

 

 

SB1576- 194 -LRB103 26117 RLC 52472 b

1    sight" has the meaning ascribed to it in Section 26-7 of
2    the Criminal Code of 2012; or
3        (7) When a defendant who was at least 17 years of age
4    at the time of the commission of the offense is convicted
5    of a felony and has been previously adjudicated a
6    delinquent minor under the Juvenile Court Act of 1987 for
7    an act that if committed by an adult would be a Class X or
8    Class 1 felony when the conviction has occurred within 10
9    years after the previous adjudication, excluding time
10    spent in custody; or
11        (8) When a defendant commits any felony and the
12    defendant used, possessed, exercised control over, or
13    otherwise directed an animal to assault a law enforcement
14    officer engaged in the execution of his or her official
15    duties or in furtherance of the criminal activities of an
16    organized gang in which the defendant is engaged; or
17        (9) When a defendant commits any felony and the
18    defendant knowingly video or audio records the offense
19    with the intent to disseminate the recording.
20    (c) The following factors may be considered by the court
21as reasons to impose an extended term sentence under Section
225-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
23offenses:
24        (1) When a defendant is convicted of first degree
25    murder, after having been previously convicted in Illinois
26    of any offense listed under paragraph (c)(2) of Section

 

 

SB1576- 195 -LRB103 26117 RLC 52472 b

1    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
2    occurred within 10 years after the previous conviction,
3    excluding time spent in custody, and the charges are
4    separately brought and tried and arise out of different
5    series of acts.
6        (1.5) When a defendant is convicted of first degree
7    murder, after having been previously convicted of domestic
8    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
9    (720 ILCS 5/12-3.3) committed on the same victim or after
10    having been previously convicted of violation of an order
11    of protection (720 ILCS 5/12-30) in which the same victim
12    was the protected person.
13        (2) When a defendant is convicted of voluntary
14    manslaughter, second degree murder, involuntary
15    manslaughter, or reckless homicide in which the defendant
16    has been convicted of causing the death of more than one
17    individual.
18        (3) When a defendant is convicted of aggravated
19    criminal sexual assault or criminal sexual assault, when
20    there is a finding that aggravated criminal sexual assault
21    or criminal sexual assault was also committed on the same
22    victim by one or more other individuals, and the defendant
23    voluntarily participated in the crime with the knowledge
24    of the participation of the others in the crime, and the
25    commission of the crime was part of a single course of
26    conduct during which there was no substantial change in

 

 

SB1576- 196 -LRB103 26117 RLC 52472 b

1    the nature of the criminal objective.
2        (4) If the victim was under 18 years of age at the time
3    of the commission of the offense, when a defendant is
4    convicted of aggravated criminal sexual assault or
5    predatory criminal sexual assault of a child under
6    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
7    of Section 12-14.1 of the Criminal Code of 1961 or the
8    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
9        (5) When a defendant is convicted of a felony
10    violation of Section 24-1 of the Criminal Code of 1961 or
11    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
12    finding that the defendant is a member of an organized
13    gang.
14        (6) When a defendant was convicted of unlawful use of
15    weapons under Section 24-1 of the Criminal Code of 1961 or
16    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
17    a weapon that is not readily distinguishable as one of the
18    weapons enumerated in Section 24-1 of the Criminal Code of
19    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
20        (7) When a defendant is convicted of an offense
21    involving the illegal manufacture of a controlled
22    substance under Section 401 of the Illinois Controlled
23    Substances Act (720 ILCS 570/401), the illegal manufacture
24    of methamphetamine under Section 25 of the Methamphetamine
25    Control and Community Protection Act (720 ILCS 646/25), or
26    the illegal possession of explosives and an emergency

 

 

SB1576- 197 -LRB103 26117 RLC 52472 b

1    response officer in the performance of his or her duties
2    is killed or injured at the scene of the offense while
3    responding to the emergency caused by the commission of
4    the offense. In this paragraph, "emergency" means a
5    situation in which a person's life, health, or safety is
6    in jeopardy; and "emergency response officer" means a
7    peace officer, community policing volunteer, fireman,
8    emergency medical technician-ambulance, emergency medical
9    technician-intermediate, emergency medical
10    technician-paramedic, ambulance driver, other medical
11    assistance or first aid personnel, or hospital emergency
12    room personnel.
13        (8) When the defendant is convicted of attempted mob
14    action, solicitation to commit mob action, or conspiracy
15    to commit mob action under Section 8-1, 8-2, or 8-4 of the
16    Criminal Code of 2012, where the criminal object is a
17    violation of Section 25-1 of the Criminal Code of 2012,
18    and an electronic communication is used in the commission
19    of the offense. For the purposes of this paragraph (8),
20    "electronic communication" shall have the meaning provided
21    in Section 26.5-0.1 of the Criminal Code of 2012.
22    (d) For the purposes of this Section, "organized gang" has
23the meaning ascribed to it in Section 10 of the Illinois
24Streetgang Terrorism Omnibus Prevention Act.
25    (e) The court may impose an extended term sentence under
26Article 4.5 of Chapter V upon an offender who has been

 

 

SB1576- 198 -LRB103 26117 RLC 52472 b

1convicted of a felony violation of Section 11-1.20, 11-1.30,
211-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
312-16 of the Criminal Code of 1961 or the Criminal Code of 2012
4when the victim of the offense is under 18 years of age at the
5time of the commission of the offense and, during the
6commission of the offense, the victim was under the influence
7of alcohol, regardless of whether or not the alcohol was
8supplied by the offender; and the offender, at the time of the
9commission of the offense, knew or should have known that the
10victim had consumed alcohol.
11(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
12101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
138-20-21; 102-982, eff. 7-1-23.)
 
14    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
15    Sec. 5-8-1. Natural life imprisonment; enhancements for
16use of a firearm; mandatory supervised release terms.
17    (a) Except as otherwise provided in the statute defining
18the offense or in Article 4.5 of Chapter V, a sentence of
19imprisonment for a felony shall be a determinate sentence set
20by the court under this Section, subject to Section 5-4.5-115
21of this Code, according to the following limitations:
22        (1) for first degree murder,
23            (a) (blank),
24            (b) if a trier of fact finds beyond a reasonable
25        doubt that the murder was accompanied by exceptionally

 

 

SB1576- 199 -LRB103 26117 RLC 52472 b

1        brutal or heinous behavior indicative of wanton
2        cruelty or, except as set forth in subsection
3        (a)(1)(c) of this Section, that any of the aggravating
4        factors listed in subsection (b) or (b-5) of Section
5        9-1 of the Criminal Code of 1961 or the Criminal Code
6        of 2012 are present, the court may sentence the
7        defendant, subject to Section 5-4.5-105, to a term of
8        natural life imprisonment, or
9            (c) the court shall sentence the defendant to a
10        term of natural life imprisonment if the defendant, at
11        the time of the commission of the murder, had attained
12        the age of 18, and:
13                (i) has previously been convicted of first
14            degree murder under any state or federal law, or
15                (ii) is found guilty of murdering more than
16            one victim, or
17                (iii) is found guilty of murdering a peace
18            officer, fireman, or emergency management worker
19            when the peace officer, fireman, or emergency
20            management worker was killed in the course of
21            performing his official duties, or to prevent the
22            peace officer or fireman from performing his
23            official duties, or in retaliation for the peace
24            officer, fireman, or emergency management worker
25            from performing his official duties, and the
26            defendant knew or should have known that the

 

 

SB1576- 200 -LRB103 26117 RLC 52472 b

1            murdered individual was a peace officer, fireman,
2            or emergency management worker, or
3                (iv) is found guilty of murdering an employee
4            of an institution or facility of the Department of
5            Corrections, or any similar local correctional
6            agency, when the employee was killed in the course
7            of performing his official duties, or to prevent
8            the employee from performing his official duties,
9            or in retaliation for the employee performing his
10            official duties, or
11                (v) is found guilty of murdering an emergency
12            medical technician - ambulance, emergency medical
13            technician - intermediate, emergency medical
14            technician - paramedic, ambulance driver or other
15            medical assistance or first aid person while
16            employed by a municipality or other governmental
17            unit when the person was killed in the course of
18            performing official duties or to prevent the
19            person from performing official duties or in
20            retaliation for performing official duties and the
21            defendant knew or should have known that the
22            murdered individual was an emergency medical
23            technician - ambulance, emergency medical
24            technician - intermediate, emergency medical
25            technician - paramedic, ambulance driver, or other
26            medical assistant or first aid personnel, or

 

 

SB1576- 201 -LRB103 26117 RLC 52472 b

1                (vi) (blank), or
2                (vii) is found guilty of first degree murder
3            and the murder was committed by reason of any
4            person's activity as a community policing
5            volunteer or to prevent any person from engaging
6            in activity as a community policing volunteer. For
7            the purpose of this Section, "community policing
8            volunteer" has the meaning ascribed to it in
9            Section 2-3.5 of the Criminal Code of 2012.
10            For purposes of clause (v), "emergency medical
11        technician - ambulance", "emergency medical technician -
12         intermediate", "emergency medical technician -
13        paramedic", have the meanings ascribed to them in the
14        Emergency Medical Services (EMS) Systems Act.
15            (d)(i) if the person committed the offense while
16            armed with a firearm, 15 years shall be added to
17            the term of imprisonment imposed by the court;
18            (ii) if, during the commission of the offense, the
19        person personally discharged a firearm, 20 years shall
20        be added to the term of imprisonment imposed by the
21        court;
22            (iii) if, during the commission of the offense,
23        the person personally discharged a firearm that
24        proximately caused great bodily harm, permanent
25        disability, permanent disfigurement, or death to
26        another person, 25 years or up to a term of natural

 

 

SB1576- 202 -LRB103 26117 RLC 52472 b

1        life shall be added to the term of imprisonment
2        imposed by the court.
3        (2) (blank);
4        (2.5) for a person who has attained the age of 18 years
5    at the time of the commission of the offense and who is
6    convicted under the circumstances described in subdivision
7    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
8    subsection (b) of Section 12-13, subdivision (d)(2) of
9    Section 11-1.30 or paragraph (2) of subsection (d) of
10    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
11    paragraph (1.2) of subsection (b) of Section 12-14.1,
12    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
13    subsection (b) of Section 12-14.1 of the Criminal Code of
14    1961 or the Criminal Code of 2012, the sentence shall be a
15    term of natural life imprisonment.
16    (b) (Blank).
17    (c) (Blank).
18    (d) Subject to earlier termination under Section 3-3-8,
19the parole or mandatory supervised release term shall be
20written as part of the sentencing order and shall be as
21follows:
22        (1) for first degree murder or for the offenses of
23    predatory criminal sexual assault of a child, aggravated
24    criminal sexual assault, and criminal sexual assault if
25    committed on or before December 12, 2005, 3 years;
26        (1.5) except as provided in paragraph (7) of this

 

 

SB1576- 203 -LRB103 26117 RLC 52472 b

1    subsection (d), for a Class X felony except for the
2    offenses of predatory criminal sexual assault of a child,
3    aggravated criminal sexual assault, and criminal sexual
4    assault if committed on or after December 13, 2005 (the
5    effective date of Public Act 94-715) and except for the
6    offense of aggravated child pornography under Section
7    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
8    subsection (c-5) of Section 11-20.1 of the Criminal Code
9    of 1961 or the Criminal Code of 2012, if committed on or
10    after January 1, 2009, 18 months;
11        (2) except as provided in paragraph (7) of this
12    subsection (d), for a Class 1 felony or a Class 2 felony
13    except for the offense of criminal sexual assault if
14    committed on or after December 13, 2005 (the effective
15    date of Public Act 94-715) and except for the offenses of
16    manufacture and dissemination of child sexual abuse
17    material pornography under clauses (a)(1) and (a)(2) of
18    Section 11-20.1 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, if committed on or after January 1,
20    2009, 12 months;
21        (3) except as provided in paragraph (4), (6), or (7)
22    of this subsection (d), for a Class 3 felony or a Class 4
23    felony, 6 months; no later than 45 days after the onset of
24    the term of mandatory supervised release, the Prisoner
25    Review Board shall conduct a discretionary discharge
26    review pursuant to the provisions of Section 3-3-8, which

 

 

SB1576- 204 -LRB103 26117 RLC 52472 b

1    shall include the results of a standardized risk and needs
2    assessment tool administered by the Department of
3    Corrections; the changes to this paragraph (3) made by
4    this amendatory Act of the 102nd General Assembly apply to
5    all individuals released on mandatory supervised release
6    on or after the effective date of this amendatory Act of
7    the 102nd General Assembly, including those individuals
8    whose sentences were imposed prior to the effective date
9    of this amendatory Act of the 102nd General Assembly;
10        (4) for defendants who commit the offense of predatory
11    criminal sexual assault of a child, aggravated criminal
12    sexual assault, or criminal sexual assault, on or after
13    December 13, 2005 (the effective date of Public Act
14    94-715), or who commit the offense of aggravated child
15    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
16    with sentencing under subsection (c-5) of Section 11-20.1
17    of the Criminal Code of 1961 or the Criminal Code of 2012,
18    manufacture of child sexual abuse material pornography, or
19    dissemination of child sexual abuse material pornography
20    after January 1, 2009, the term of mandatory supervised
21    release shall range from a minimum of 3 years to a maximum
22    of the natural life of the defendant;
23        (5) if the victim is under 18 years of age, for a
24    second or subsequent offense of aggravated criminal sexual
25    abuse or felony criminal sexual abuse, 4 years, at least
26    the first 2 years of which the defendant shall serve in an

 

 

SB1576- 205 -LRB103 26117 RLC 52472 b

1    electronic monitoring or home detention program under
2    Article 8A of Chapter V of this Code;
3        (6) for a felony domestic battery, aggravated domestic
4    battery, stalking, aggravated stalking, and a felony
5    violation of an order of protection, 4 years;
6        (7) for any felony described in paragraph (a)(2)(ii),
7    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
8    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
9    3-6-3 of the Unified Code of Corrections requiring an
10    inmate to serve a minimum of 85% of their court-imposed
11    sentence, except for the offenses of predatory criminal
12    sexual assault of a child, aggravated criminal sexual
13    assault, and criminal sexual assault if committed on or
14    after December 13, 2005 (the effective date of Public Act
15    94-715) and except for the offense of aggravated child
16    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
17    with sentencing under subsection (c-5) of Section 11-20.1
18    of the Criminal Code of 1961 or the Criminal Code of 2012,
19    if committed on or after January 1, 2009 and except as
20    provided in paragraph (4) or paragraph (6) of this
21    subsection (d), the term of mandatory supervised release
22    shall be as follows:
23            (A) Class X felony, 3 years;
24            (B) Class 1 or Class 2 felonies, 2 years;
25            (C) Class 3 or Class 4 felonies, 1 year.
26    (e) (Blank).

 

 

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1    (f) (Blank).
2    (g) Notwithstanding any other provisions of this Act and
3of Public Act 101-652: (i) the provisions of paragraph (3) of
4subsection (d) are effective on July 1, 2022 and shall apply to
5all individuals convicted on or after the effective date of
6paragraph (3) of subsection (d); and (ii) the provisions of
7paragraphs (1.5) and (2) of subsection (d) are effective on
8July 1, 2021 and shall apply to all individuals convicted on or
9after the effective date of paragraphs (1.5) and (2) of
10subsection (d).
11(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
12102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
131-7-22; 102-1104, eff. 12-6-22.)
 
14    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
15    (Text of Section before amendment by P.A. 102-982)
16    Sec. 5-8-4. Concurrent and consecutive terms of
17imprisonment.
18    (a) Concurrent terms; multiple or additional sentences.
19When an Illinois court (i) imposes multiple sentences of
20imprisonment on a defendant at the same time or (ii) imposes a
21sentence of imprisonment on a defendant who is already subject
22to a sentence of imprisonment imposed by an Illinois court, a
23court of another state, or a federal court, then the sentences
24shall run concurrently unless otherwise determined by the
25Illinois court under this Section.

 

 

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1    (b) Concurrent terms; misdemeanor and felony. A defendant
2serving a sentence for a misdemeanor who is convicted of a
3felony and sentenced to imprisonment shall be transferred to
4the Department of Corrections, and the misdemeanor sentence
5shall be merged in and run concurrently with the felony
6sentence.
7    (c) Consecutive terms; permissive. The court may impose
8consecutive sentences in any of the following circumstances:
9        (1) If, having regard to the nature and circumstances
10    of the offense and the history and character of the
11    defendant, it is the opinion of the court that consecutive
12    sentences are required to protect the public from further
13    criminal conduct by the defendant, the basis for which the
14    court shall set forth in the record.
15        (2) If one of the offenses for which a defendant was
16    convicted was a violation of Section 32-5.2 (aggravated
17    false personation of a peace officer) of the Criminal Code
18    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
19    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
20    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
21    offense was committed in attempting or committing a
22    forcible felony.
23        (3) If a person charged with a felony commits a
24    separate felony while on pretrial release or in pretrial
25    detention in a county jail facility or county detention
26    facility, then the sentences imposed upon conviction of

 

 

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1    these felonies may be served consecutively regardless of
2    the order in which the judgments of conviction are
3    entered.
4        (4) If a person commits a battery against a county
5    correctional officer or sheriff's employee while serving a
6    sentence or in pretrial detention in a county jail
7    facility, then the sentence imposed upon conviction of the
8    battery may be served consecutively with the sentence
9    imposed upon conviction of the earlier misdemeanor or
10    felony, regardless of the order in which the judgments of
11    conviction are entered.
12        (5) If a person admitted to pretrial release following
13    conviction of a felony commits a separate felony while
14    released pretrial or if a person detained in a county jail
15    facility or county detention facility following conviction
16    of a felony commits a separate felony while in detention,
17    then any sentence following conviction of the separate
18    felony may be consecutive to that of the original sentence
19    for which the defendant was released pretrial or detained.
20        (6) If a person is found to be in possession of an item
21    of contraband, as defined in Section 31A-0.1 of the
22    Criminal Code of 2012, while serving a sentence in a
23    county jail or while in pretrial detention in a county
24    jail, the sentence imposed upon conviction for the offense
25    of possessing contraband in a penal institution may be
26    served consecutively to the sentence imposed for the

 

 

SB1576- 209 -LRB103 26117 RLC 52472 b

1    offense for which the person is serving a sentence in the
2    county jail or while in pretrial detention, regardless of
3    the order in which the judgments of conviction are
4    entered.
5        (7) If a person is sentenced for a violation of a
6    condition of pretrial release under Section 32-10 of the
7    Criminal Code of 1961 or the Criminal Code of 2012, any
8    sentence imposed for that violation may be served
9    consecutive to the sentence imposed for the charge for
10    which pretrial release had been granted and with respect
11    to which the defendant has been convicted.
12    (d) Consecutive terms; mandatory. The court shall impose
13consecutive sentences in each of the following circumstances:
14        (1) One of the offenses for which the defendant was
15    convicted was first degree murder or a Class X or Class 1
16    felony and the defendant inflicted severe bodily injury.
17        (2) The defendant was convicted of a violation of
18    Section 11-1.20 or 12-13 (criminal sexual assault),
19    11-1.30 or 12-14 (aggravated criminal sexual assault), or
20    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
21    child) of the Criminal Code of 1961 or the Criminal Code of
22    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
23    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
24    5/12-14.1).
25        (2.5) The defendant was convicted of a violation of
26    paragraph (1), (2), (3), (4), (5), or (7) of subsection

 

 

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1    (a) of Section 11-20.1 (child pornography) or of paragraph
2    (1), (2), (3), (4), (5), or (7) of subsection (a) of
3    Section 11-20.1B or 11-20.3 (aggravated child pornography)
4    of the Criminal Code of 1961 or the Criminal Code of 2012;
5    or the defendant was convicted of a violation of paragraph
6    (6) of subsection (a) of Section 11-20.1 (child
7    pornography) or of paragraph (6) of subsection (a) of
8    Section 11-20.1B or 11-20.3 (aggravated child pornography)
9    of the Criminal Code of 1961 or the Criminal Code of 2012,
10    when the child depicted is under the age of 13.
11        (3) The defendant was convicted of armed violence
12    based upon the predicate offense of any of the following:
13    solicitation of murder, solicitation of murder for hire,
14    heinous battery as described in Section 12-4.1 or
15    subdivision (a)(2) of Section 12-3.05, aggravated battery
16    of a senior citizen as described in Section 12-4.6 or
17    subdivision (a)(4) of Section 12-3.05, criminal sexual
18    assault, a violation of subsection (g) of Section 5 of the
19    Cannabis Control Act (720 ILCS 550/5), cannabis
20    trafficking, a violation of subsection (a) of Section 401
21    of the Illinois Controlled Substances Act (720 ILCS
22    570/401), controlled substance trafficking involving a
23    Class X felony amount of controlled substance under
24    Section 401 of the Illinois Controlled Substances Act (720
25    ILCS 570/401), a violation of the Methamphetamine Control
26    and Community Protection Act (720 ILCS 646/), calculated

 

 

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1    criminal drug conspiracy, or streetgang criminal drug
2    conspiracy.
3        (4) The defendant was convicted of the offense of
4    leaving the scene of a motor vehicle accident involving
5    death or personal injuries under Section 11-401 of the
6    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)
7    aggravated driving under the influence of alcohol, other
8    drug or drugs, or intoxicating compound or compounds, or
9    any combination thereof under Section 11-501 of the
10    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
11    homicide under Section 9-3 of the Criminal Code of 1961 or
12    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
13    offense described in item (A) and an offense described in
14    item (B).
15        (5) The defendant was convicted of a violation of
16    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
17    death) or Section 12-20.5 (dismembering a human body) of
18    the Criminal Code of 1961 or the Criminal Code of 2012 (720
19    ILCS 5/9-3.1 or 5/12-20.5).
20        (5.5) The defendant was convicted of a violation of
21    Section 24-3.7 (use of a stolen firearm in the commission
22    of an offense) of the Criminal Code of 1961 or the Criminal
23    Code of 2012.
24        (6) If the defendant was in the custody of the
25    Department of Corrections at the time of the commission of
26    the offense, the sentence shall be served consecutive to

 

 

SB1576- 212 -LRB103 26117 RLC 52472 b

1    the sentence under which the defendant is held by the
2    Department of Corrections.
3        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
4    for escape or attempted escape shall be served consecutive
5    to the terms under which the offender is held by the
6    Department of Corrections.
7        (8) (Blank).
8        (8.5) (Blank).
9        (9) (Blank).
10        (10) (Blank).
11        (11) (Blank).
12    (e) Consecutive terms; subsequent non-Illinois term. If an
13Illinois court has imposed a sentence of imprisonment on a
14defendant and the defendant is subsequently sentenced to a
15term of imprisonment by a court of another state or a federal
16court, then the Illinois sentence shall run consecutively to
17the sentence imposed by the court of the other state or the
18federal court. That same Illinois court, however, may order
19that the Illinois sentence run concurrently with the sentence
20imposed by the court of the other state or the federal court,
21but only if the defendant applies to that same Illinois court
22within 30 days after the sentence imposed by the court of the
23other state or the federal court is finalized.
24    (f) Consecutive terms; aggregate maximums and minimums.
25The aggregate maximum and aggregate minimum of consecutive
26sentences shall be determined as follows:

 

 

SB1576- 213 -LRB103 26117 RLC 52472 b

1        (1) For sentences imposed under law in effect prior to
2    February 1, 1978, the aggregate maximum of consecutive
3    sentences shall not exceed the maximum term authorized
4    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
5    Chapter V for the 2 most serious felonies involved. The
6    aggregate minimum period of consecutive sentences shall
7    not exceed the highest minimum term authorized under
8    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
9    V for the 2 most serious felonies involved. When sentenced
10    only for misdemeanors, a defendant shall not be
11    consecutively sentenced to more than the maximum for one
12    Class A misdemeanor.
13        (2) For sentences imposed under the law in effect on
14    or after February 1, 1978, the aggregate of consecutive
15    sentences for offenses that were committed as part of a
16    single course of conduct during which there was no
17    substantial change in the nature of the criminal objective
18    shall not exceed the sum of the maximum terms authorized
19    under Article 4.5 of Chapter V for the 2 most serious
20    felonies involved, but no such limitation shall apply for
21    offenses that were not committed as part of a single
22    course of conduct during which there was no substantial
23    change in the nature of the criminal objective. When
24    sentenced only for misdemeanors, a defendant shall not be
25    consecutively sentenced to more than the maximum for one
26    Class A misdemeanor.

 

 

SB1576- 214 -LRB103 26117 RLC 52472 b

1    (g) Consecutive terms; manner served. In determining the
2manner in which consecutive sentences of imprisonment, one or
3more of which is for a felony, will be served, the Department
4of Corrections shall treat the defendant as though he or she
5had been committed for a single term subject to each of the
6following:
7        (1) The maximum period of a term of imprisonment shall
8    consist of the aggregate of the maximums of the imposed
9    indeterminate terms, if any, plus the aggregate of the
10    imposed determinate sentences for felonies, plus the
11    aggregate of the imposed determinate sentences for
12    misdemeanors, subject to subsection (f) of this Section.
13        (2) The parole or mandatory supervised release term
14    shall be as provided in paragraph (e) of Section 5-4.5-50
15    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
16    involved.
17        (3) The minimum period of imprisonment shall be the
18    aggregate of the minimum and determinate periods of
19    imprisonment imposed by the court, subject to subsection
20    (f) of this Section.
21        (4) The defendant shall be awarded credit against the
22    aggregate maximum term and the aggregate minimum term of
23    imprisonment for all time served in an institution since
24    the commission of the offense or offenses and as a
25    consequence thereof at the rate specified in Section 3-6-3
26    (730 ILCS 5/3-6-3).

 

 

SB1576- 215 -LRB103 26117 RLC 52472 b

1    (h) Notwithstanding any other provisions of this Section,
2all sentences imposed by an Illinois court under this Code
3shall run concurrent to any and all sentences imposed under
4the Juvenile Court Act of 1987.
5(Source: P.A. 102-350, eff. 8-13-21; 102-1104, eff. 12-6-22.)
 
6    (Text of Section after amendment by P.A. 102-982)
7    Sec. 5-8-4. Concurrent and consecutive terms of
8imprisonment.
9    (a) Concurrent terms; multiple or additional sentences.
10When an Illinois court (i) imposes multiple sentences of
11imprisonment on a defendant at the same time or (ii) imposes a
12sentence of imprisonment on a defendant who is already subject
13to a sentence of imprisonment imposed by an Illinois court, a
14court of another state, or a federal court, then the sentences
15shall run concurrently unless otherwise determined by the
16Illinois court under this Section.
17    (b) Concurrent terms; misdemeanor and felony. A defendant
18serving a sentence for a misdemeanor who is convicted of a
19felony and sentenced to imprisonment shall be transferred to
20the Department of Corrections, and the misdemeanor sentence
21shall be merged in and run concurrently with the felony
22sentence.
23    (c) Consecutive terms; permissive. The court may impose
24consecutive sentences in any of the following circumstances:
25        (1) If, having regard to the nature and circumstances

 

 

SB1576- 216 -LRB103 26117 RLC 52472 b

1    of the offense and the history and character of the
2    defendant, it is the opinion of the court that consecutive
3    sentences are required to protect the public from further
4    criminal conduct by the defendant, the basis for which the
5    court shall set forth in the record.
6        (2) If one of the offenses for which a defendant was
7    convicted was a violation of Section 32-5.2 (aggravated
8    false personation of a peace officer) of the Criminal Code
9    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
10    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
11    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
12    offense was committed in attempting or committing a
13    forcible felony.
14        (3) If a person charged with a felony commits a
15    separate felony while on pretrial release or in pretrial
16    detention in a county jail facility or county detention
17    facility, then the sentences imposed upon conviction of
18    these felonies may be served consecutively regardless of
19    the order in which the judgments of conviction are
20    entered.
21        (4) If a person commits a battery against a county
22    correctional officer or sheriff's employee while serving a
23    sentence or in pretrial detention in a county jail
24    facility, then the sentence imposed upon conviction of the
25    battery may be served consecutively with the sentence
26    imposed upon conviction of the earlier misdemeanor or

 

 

SB1576- 217 -LRB103 26117 RLC 52472 b

1    felony, regardless of the order in which the judgments of
2    conviction are entered.
3        (5) If a person admitted to pretrial release following
4    conviction of a felony commits a separate felony while
5    released pretrial or if a person detained in a county jail
6    facility or county detention facility following conviction
7    of a felony commits a separate felony while in detention,
8    then any sentence following conviction of the separate
9    felony may be consecutive to that of the original sentence
10    for which the defendant was released pretrial or detained.
11        (6) If a person is found to be in possession of an item
12    of contraband, as defined in Section 31A-0.1 of the
13    Criminal Code of 2012, while serving a sentence in a
14    county jail or while in pretrial detention in a county
15    jail, the sentence imposed upon conviction for the offense
16    of possessing contraband in a penal institution may be
17    served consecutively to the sentence imposed for the
18    offense for which the person is serving a sentence in the
19    county jail or while in pretrial detention, regardless of
20    the order in which the judgments of conviction are
21    entered.
22        (7) If a person is sentenced for a violation of a
23    condition of pretrial release under Section 32-10 of the
24    Criminal Code of 1961 or the Criminal Code of 2012, any
25    sentence imposed for that violation may be served
26    consecutive to the sentence imposed for the charge for

 

 

SB1576- 218 -LRB103 26117 RLC 52472 b

1    which pretrial release had been granted and with respect
2    to which the defendant has been convicted.
3    (d) Consecutive terms; mandatory. The court shall impose
4consecutive sentences in each of the following circumstances:
5        (1) One of the offenses for which the defendant was
6    convicted was first degree murder or a Class X or Class 1
7    felony and the defendant inflicted severe bodily injury.
8        (2) The defendant was convicted of a violation of
9    Section 11-1.20 or 12-13 (criminal sexual assault),
10    11-1.30 or 12-14 (aggravated criminal sexual assault), or
11    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
12    child) of the Criminal Code of 1961 or the Criminal Code of
13    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
14    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
15    5/12-14.1).
16        (2.5) The defendant was convicted of a violation of
17    paragraph (1), (2), (3), (4), (5), or (7) of subsection
18    (a) of Section 11-20.1 (child sexual abuse material
19    pornography) or of paragraph (1), (2), (3), (4), (5), or
20    (7) of subsection (a) of Section 11-20.1B or 11-20.3
21    (aggravated child pornography) of the Criminal Code of
22    1961 or the Criminal Code of 2012; or the defendant was
23    convicted of a violation of paragraph (6) of subsection
24    (a) of Section 11-20.1 (child sexual abuse material
25    pornography) or of paragraph (6) of subsection (a) of
26    Section 11-20.1B or 11-20.3 (aggravated child pornography)

 

 

SB1576- 219 -LRB103 26117 RLC 52472 b

1    of the Criminal Code of 1961 or the Criminal Code of 2012,
2    when the child depicted is under the age of 13.
3        (3) The defendant was convicted of armed violence
4    based upon the predicate offense of any of the following:
5    solicitation of murder, solicitation of murder for hire,
6    heinous battery as described in Section 12-4.1 or
7    subdivision (a)(2) of Section 12-3.05, aggravated battery
8    of a senior citizen as described in Section 12-4.6 or
9    subdivision (a)(4) of Section 12-3.05, criminal sexual
10    assault, a violation of subsection (g) of Section 5 of the
11    Cannabis Control Act (720 ILCS 550/5), cannabis
12    trafficking, a violation of subsection (a) of Section 401
13    of the Illinois Controlled Substances Act (720 ILCS
14    570/401), controlled substance trafficking involving a
15    Class X felony amount of controlled substance under
16    Section 401 of the Illinois Controlled Substances Act (720
17    ILCS 570/401), a violation of the Methamphetamine Control
18    and Community Protection Act (720 ILCS 646/), calculated
19    criminal drug conspiracy, or streetgang criminal drug
20    conspiracy.
21        (4) The defendant was convicted of the offense of
22    leaving the scene of a motor vehicle crash involving death
23    or personal injuries under Section 11-401 of the Illinois
24    Vehicle Code (625 ILCS 5/11-401) and either: (A)
25    aggravated driving under the influence of alcohol, other
26    drug or drugs, or intoxicating compound or compounds, or

 

 

SB1576- 220 -LRB103 26117 RLC 52472 b

1    any combination thereof under Section 11-501 of the
2    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
3    homicide under Section 9-3 of the Criminal Code of 1961 or
4    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
5    offense described in item (A) and an offense described in
6    item (B).
7        (5) The defendant was convicted of a violation of
8    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
9    death) or Section 12-20.5 (dismembering a human body) of
10    the Criminal Code of 1961 or the Criminal Code of 2012 (720
11    ILCS 5/9-3.1 or 5/12-20.5).
12        (5.5) The defendant was convicted of a violation of
13    Section 24-3.7 (use of a stolen firearm in the commission
14    of an offense) of the Criminal Code of 1961 or the Criminal
15    Code of 2012.
16        (6) If the defendant was in the custody of the
17    Department of Corrections at the time of the commission of
18    the offense, the sentence shall be served consecutive to
19    the sentence under which the defendant is held by the
20    Department of Corrections.
21        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
22    for escape or attempted escape shall be served consecutive
23    to the terms under which the offender is held by the
24    Department of Corrections.
25        (8) (Blank).
26        (8.5) (Blank).

 

 

SB1576- 221 -LRB103 26117 RLC 52472 b

1        (9) (Blank).
2        (10) (Blank).
3        (11) (Blank).
4    (e) Consecutive terms; subsequent non-Illinois term. If an
5Illinois court has imposed a sentence of imprisonment on a
6defendant and the defendant is subsequently sentenced to a
7term of imprisonment by a court of another state or a federal
8court, then the Illinois sentence shall run consecutively to
9the sentence imposed by the court of the other state or the
10federal court. That same Illinois court, however, may order
11that the Illinois sentence run concurrently with the sentence
12imposed by the court of the other state or the federal court,
13but only if the defendant applies to that same Illinois court
14within 30 days after the sentence imposed by the court of the
15other state or the federal court is finalized.
16    (f) Consecutive terms; aggregate maximums and minimums.
17The aggregate maximum and aggregate minimum of consecutive
18sentences shall be determined as follows:
19        (1) For sentences imposed under law in effect prior to
20    February 1, 1978, the aggregate maximum of consecutive
21    sentences shall not exceed the maximum term authorized
22    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
23    Chapter V for the 2 most serious felonies involved. The
24    aggregate minimum period of consecutive sentences shall
25    not exceed the highest minimum term authorized under
26    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter

 

 

SB1576- 222 -LRB103 26117 RLC 52472 b

1    V for the 2 most serious felonies involved. When sentenced
2    only for misdemeanors, a defendant shall not be
3    consecutively sentenced to more than the maximum for one
4    Class A misdemeanor.
5        (2) For sentences imposed under the law in effect on
6    or after February 1, 1978, the aggregate of consecutive
7    sentences for offenses that were committed as part of a
8    single course of conduct during which there was no
9    substantial change in the nature of the criminal objective
10    shall not exceed the sum of the maximum terms authorized
11    under Article 4.5 of Chapter V for the 2 most serious
12    felonies involved, but no such limitation shall apply for
13    offenses that were not committed as part of a single
14    course of conduct during which there was no substantial
15    change in the nature of the criminal objective. When
16    sentenced only for misdemeanors, a defendant shall not be
17    consecutively sentenced to more than the maximum for one
18    Class A misdemeanor.
19    (g) Consecutive terms; manner served. In determining the
20manner in which consecutive sentences of imprisonment, one or
21more of which is for a felony, will be served, the Department
22of Corrections shall treat the defendant as though he or she
23had been committed for a single term subject to each of the
24following:
25        (1) The maximum period of a term of imprisonment shall
26    consist of the aggregate of the maximums of the imposed

 

 

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1    indeterminate terms, if any, plus the aggregate of the
2    imposed determinate sentences for felonies, plus the
3    aggregate of the imposed determinate sentences for
4    misdemeanors, subject to subsection (f) of this Section.
5        (2) The parole or mandatory supervised release term
6    shall be as provided in paragraph (e) of Section 5-4.5-50
7    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
8    involved.
9        (3) The minimum period of imprisonment shall be the
10    aggregate of the minimum and determinate periods of
11    imprisonment imposed by the court, subject to subsection
12    (f) of this Section.
13        (4) The defendant shall be awarded credit against the
14    aggregate maximum term and the aggregate minimum term of
15    imprisonment for all time served in an institution since
16    the commission of the offense or offenses and as a
17    consequence thereof at the rate specified in Section 3-6-3
18    (730 ILCS 5/3-6-3).
19    (h) Notwithstanding any other provisions of this Section,
20all sentences imposed by an Illinois court under this Code
21shall run concurrent to any and all sentences imposed under
22the Juvenile Court Act of 1987.
23(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
24102-1104, eff. 12-6-22.)
 
25    (730 ILCS 5/5-9-1.7)  (from Ch. 38, par. 1005-9-1.7)

 

 

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1    Sec. 5-9-1.7. Sexual assault fines.
2    (a) Definitions. The terms used in this Section shall have
3the following meanings ascribed to them:
4        (1) "Sexual assault" means the commission or attempted
5    commission of the following: sexual exploitation of a
6    child, criminal sexual assault, predatory criminal sexual
7    assault of a child, aggravated criminal sexual assault,
8    criminal sexual abuse, aggravated criminal sexual abuse,
9    indecent solicitation of a child, public indecency, sexual
10    relations within families, promoting juvenile
11    prostitution, soliciting for a juvenile prostitute,
12    keeping a place of juvenile prostitution, patronizing a
13    juvenile prostitute, juvenile pimping, exploitation of a
14    child, obscenity, child sexual abuse material pornography,
15    aggravated child pornography, harmful material, or
16    ritualized abuse of a child, as those offenses are defined
17    in the Criminal Code of 1961 or the Criminal Code of 2012.
18        (2) (Blank).
19        (3) "Sexual assault organization" means any
20    not-for-profit organization providing comprehensive,
21    community-based services to victims of sexual assault.
22    "Community-based services" include, but are not limited
23    to, direct crisis intervention through a 24-hour response,
24    medical and legal advocacy, counseling, information and
25    referral services, training, and community education.
26    (b) (Blank).

 

 

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1    (c) Sexual Assault Services Fund; administration. There is
2created a Sexual Assault Services Fund. Moneys deposited into
3the Fund under Section 15-20 and 15-40 of the Criminal and
4Traffic Assessment Act shall be appropriated to the Department
5of Public Health. Upon appropriation of moneys from the Sexual
6Assault Services Fund, the Department of Public Health shall
7make grants of these moneys from the Fund to sexual assault
8organizations with whom the Department has contracts for the
9purpose of providing community-based services to victims of
10sexual assault. Grants made under this Section are in addition
11to, and are not substitutes for, other grants authorized and
12made by the Department.
13(Source: P.A. 100-987, eff. 7-1-19.)
 
14    (730 ILCS 5/5-9-1.8)
15    Sec. 5-9-1.8. Child sexual abuse material pornography
16fines. Beginning July 1, 2006, 100% of the fines in excess of
17$10,000 collected for violations of Section 11-20.1 of the
18Criminal Code of 1961 or the Criminal Code of 2012 shall be
19deposited into the Child Abuse Prevention Fund. Moneys in the
20Fund resulting from the fines shall be for the use of the
21Department of Children and Family Services for grants to
22private entities giving treatment and counseling to victims of
23child sexual abuse.
24(Source: P.A. 102-1071, eff. 6-10-22.)
 

 

 

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1    Section 70. The Sex Offender Registration Act is amended
2by changing Section 2 as follows:
 
3    (730 ILCS 150/2)  (from Ch. 38, par. 222)
4    Sec. 2. Definitions.
5    (A) As used in this Article, "sex offender" means any
6person who is:
7        (1) charged pursuant to Illinois law, or any
8    substantially similar federal, Uniform Code of Military
9    Justice, sister state, or foreign country law, with a sex
10    offense set forth in subsection (B) of this Section or the
11    attempt to commit an included sex offense, and:
12            (a) is convicted of such offense or an attempt to
13        commit such offense; or
14            (b) is found not guilty by reason of insanity of
15        such offense or an attempt to commit such offense; or
16            (c) is found not guilty by reason of insanity
17        pursuant to Section 104-25(c) of the Code of Criminal
18        Procedure of 1963 of such offense or an attempt to
19        commit such offense; or
20            (d) is the subject of a finding not resulting in an
21        acquittal at a hearing conducted pursuant to Section
22        104-25(a) of the Code of Criminal Procedure of 1963
23        for the alleged commission or attempted commission of
24        such offense; or
25            (e) is found not guilty by reason of insanity

 

 

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1        following a hearing conducted pursuant to a federal,
2        Uniform Code of Military Justice, sister state, or
3        foreign country law substantially similar to Section
4        104-25(c) of the Code of Criminal Procedure of 1963 of
5        such offense or of the attempted commission of such
6        offense; or
7            (f) is the subject of a finding not resulting in an
8        acquittal at a hearing conducted pursuant to a
9        federal, Uniform Code of Military Justice, sister
10        state, or foreign country law substantially similar to
11        Section 104-25(a) of the Code of Criminal Procedure of
12        1963 for the alleged violation or attempted commission
13        of such offense; or
14        (2) declared as a sexually dangerous person pursuant
15    to the Illinois Sexually Dangerous Persons Act, or any
16    substantially similar federal, Uniform Code of Military
17    Justice, sister state, or foreign country law; or
18        (3) subject to the provisions of Section 2 of the
19    Interstate Agreements on Sexually Dangerous Persons Act;
20    or
21        (4) found to be a sexually violent person pursuant to
22    the Sexually Violent Persons Commitment Act or any
23    substantially similar federal, Uniform Code of Military
24    Justice, sister state, or foreign country law; or
25        (5) adjudicated a juvenile delinquent as the result of
26    committing or attempting to commit an act which, if

 

 

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1    committed by an adult, would constitute any of the
2    offenses specified in item (B), (C), or (C-5) of this
3    Section or a violation of any substantially similar
4    federal, Uniform Code of Military Justice, sister state,
5    or foreign country law, or found guilty under Article V of
6    the Juvenile Court Act of 1987 of committing or attempting
7    to commit an act which, if committed by an adult, would
8    constitute any of the offenses specified in item (B), (C),
9    or (C-5) of this Section or a violation of any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law.
12    Convictions that result from or are connected with the
13same act, or result from offenses committed at the same time,
14shall be counted for the purpose of this Article as one
15conviction. Any conviction set aside pursuant to law is not a
16conviction for purposes of this Article.
17     For purposes of this Section, "convicted" shall have the
18same meaning as "adjudicated".
19    (B) As used in this Article, "sex offense" means:
20        (1) A violation of any of the following Sections of
21    the Criminal Code of 1961 or the Criminal Code of 2012:
22            11-20.1 (child sexual abuse material pornography),
23            11-20.1B or 11-20.3 (aggravated child
24        pornography),
25            11-6 (indecent solicitation of a child),
26            11-9.1 (sexual exploitation of a child),

 

 

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1            11-9.2 (custodial sexual misconduct),
2            11-9.5 (sexual misconduct with a person with a
3        disability),
4            11-14.4 (promoting juvenile prostitution),
5            11-15.1 (soliciting for a juvenile prostitute),
6            11-18.1 (patronizing a juvenile prostitute),
7            11-17.1 (keeping a place of juvenile
8        prostitution),
9            11-19.1 (juvenile pimping),
10            11-19.2 (exploitation of a child),
11            11-25 (grooming),
12            11-26 (traveling to meet a minor or traveling to
13        meet a child),
14            11-1.20 or 12-13 (criminal sexual assault),
15            11-1.30 or 12-14 (aggravated criminal sexual
16        assault),
17            11-1.40 or 12-14.1 (predatory criminal sexual
18        assault of a child),
19            11-1.50 or 12-15 (criminal sexual abuse),
20            11-1.60 or 12-16 (aggravated criminal sexual
21        abuse),
22            12-33 (ritualized abuse of a child).
23            An attempt to commit any of these offenses.
24        (1.5) A violation of any of the following Sections of
25    the Criminal Code of 1961 or the Criminal Code of 2012,
26    when the victim is a person under 18 years of age, the

 

 

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1    defendant is not a parent of the victim, the offense was
2    sexually motivated as defined in Section 10 of the Sex
3    Offender Evaluation and Treatment Act, and the offense was
4    committed on or after January 1, 1996:
5            10-1 (kidnapping),
6            10-2 (aggravated kidnapping),
7            10-3 (unlawful restraint),
8            10-3.1 (aggravated unlawful restraint).
9        If the offense was committed before January 1, 1996,
10    it is a sex offense requiring registration only when the
11    person is convicted of any felony after July 1, 2011, and
12    paragraph (2.1) of subsection (c) of Section 3 of this Act
13    applies.
14        (1.6) First degree murder under Section 9-1 of the
15    Criminal Code of 1961 or the Criminal Code of 2012,
16    provided the offense was sexually motivated as defined in
17    Section 10 of the Sex Offender Management Board Act.
18        (1.7) (Blank).
19        (1.8) A violation or attempted violation of Section
20    11-11 (sexual relations within families) of the Criminal
21    Code of 1961 or the Criminal Code of 2012, and the offense
22    was committed on or after June 1, 1997. If the offense was
23    committed before June 1, 1997, it is a sex offense
24    requiring registration only when the person is convicted
25    of any felony after July 1, 2011, and paragraph (2.1) of
26    subsection (c) of Section 3 of this Act applies.

 

 

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1        (1.9) Child abduction under paragraph (10) of
2    subsection (b) of Section 10-5 of the Criminal Code of
3    1961 or the Criminal Code of 2012 committed by luring or
4    attempting to lure a child under the age of 16 into a motor
5    vehicle, building, house trailer, or dwelling place
6    without the consent of the parent or lawful custodian of
7    the child for other than a lawful purpose and the offense
8    was committed on or after January 1, 1998, provided the
9    offense was sexually motivated as defined in Section 10 of
10    the Sex Offender Management Board Act. If the offense was
11    committed before January 1, 1998, it is a sex offense
12    requiring registration only when the person is convicted
13    of any felony after July 1, 2011, and paragraph (2.1) of
14    subsection (c) of Section 3 of this Act applies.
15        (1.10) A violation or attempted violation of any of
16    the following Sections of the Criminal Code of 1961 or the
17    Criminal Code of 2012 when the offense was committed on or
18    after July 1, 1999:
19            10-4 (forcible detention, if the victim is under
20        18 years of age), provided the offense was sexually
21        motivated as defined in Section 10 of the Sex Offender
22        Management Board Act,
23            11-6.5 (indecent solicitation of an adult),
24            11-14.3 that involves soliciting for a prostitute,
25        or 11-15 (soliciting for a prostitute, if the victim
26        is under 18 years of age),

 

 

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

 

 

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1    Criminal Code of 1961 or the Criminal Code of 2012
2    (permitting sexual abuse) when the offense was committed
3    on or after August 22, 2002. If the offense was committed
4    before August 22, 2002, it is a sex offense requiring
5    registration only when the person is convicted of any
6    felony after July 1, 2011, and paragraph (2.1) of
7    subsection (c) of Section 3 of this Act applies.
8        (2) A violation of any former law of this State
9    substantially equivalent to any offense listed in
10    subsection (B) of this Section.
11    (C) A conviction for an offense of federal law, Uniform
12Code of Military Justice, or the law of another state or a
13foreign country that is substantially equivalent to any
14offense listed in subsections (B), (C), (E), and (E-5) of this
15Section shall constitute a conviction for the purpose of this
16Article. A finding or adjudication as a sexually dangerous
17person or a sexually violent person under any federal law,
18Uniform Code of Military Justice, or the law of another state
19or foreign country that is substantially equivalent to the
20Sexually Dangerous Persons Act or the Sexually Violent Persons
21Commitment Act shall constitute an adjudication for the
22purposes of this Article.
23    (C-5) A person at least 17 years of age at the time of the
24commission of the offense who is convicted of first degree
25murder under Section 9-1 of the Criminal Code of 1961 or the
26Criminal Code of 2012, against a person under 18 years of age,

 

 

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1shall be required to register for natural life. A conviction
2for an offense of federal, Uniform Code of Military Justice,
3sister state, or foreign country law that is substantially
4equivalent to any offense listed in subsection (C-5) of this
5Section shall constitute a conviction for the purpose of this
6Article. This subsection (C-5) applies to a person who
7committed the offense before June 1, 1996 if: (i) the person is
8incarcerated in an Illinois Department of Corrections facility
9on August 20, 2004 (the effective date of Public Act 93-977),
10or (ii) subparagraph (i) does not apply and the person is
11convicted of any felony after July 1, 2011, and paragraph
12(2.1) of subsection (c) of Section 3 of this Act applies.
13    (C-6) A person who is convicted or adjudicated delinquent
14of first degree murder as defined in Section 9-1 of the
15Criminal Code of 1961 or the Criminal Code of 2012, against a
16person 18 years of age or over, shall be required to register
17for his or her natural life. A conviction for an offense of
18federal, Uniform Code of Military Justice, sister state, or
19foreign country law that is substantially equivalent to any
20offense listed in subsection (C-6) of this Section shall
21constitute a conviction for the purpose of this Article. This
22subsection (C-6) does not apply to those individuals released
23from incarceration more than 10 years prior to January 1, 2012
24(the effective date of Public Act 97-154).
25    (D) As used in this Article, "law enforcement agency
26having jurisdiction" means the Chief of Police in each of the

 

 

SB1576- 235 -LRB103 26117 RLC 52472 b

1municipalities in which the sex offender expects to reside,
2work, or attend school (1) upon his or her discharge, parole or
3release or (2) during the service of his or her sentence of
4probation or conditional discharge, or the Sheriff of the
5county, in the event no Police Chief exists or if the offender
6intends to reside, work, or attend school in an unincorporated
7area. "Law enforcement agency having jurisdiction" includes
8the location where out-of-state students attend school and
9where out-of-state employees are employed or are otherwise
10required to register.
11    (D-1) As used in this Article, "supervising officer" means
12the assigned Illinois Department of Corrections parole agent
13or county probation officer.
14    (E) As used in this Article, "sexual predator" means any
15person who, after July 1, 1999, is:
16        (1) Convicted for an offense of federal, Uniform Code
17    of Military Justice, sister state, or foreign country law
18    that is substantially equivalent to any offense listed in
19    subsection (E) or (E-5) of this Section shall constitute a
20    conviction for the purpose of this Article. Convicted of a
21    violation or attempted violation of any of the following
22    Sections of the Criminal Code of 1961 or the Criminal Code
23    of 2012:
24            10-5.1 (luring of a minor),
25            11-14.4 that involves keeping a place of juvenile
26        prostitution, or 11-17.1 (keeping a place of juvenile

 

 

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1        prostitution),
2            subdivision (a)(2) or (a)(3) of Section 11-14.4,
3        or Section 11-19.1 (juvenile pimping),
4            subdivision (a)(4) of Section 11-14.4, or Section
5        11-19.2 (exploitation of a child),
6            11-20.1 (child sexual abuse material pornography),
7            11-20.1B or 11-20.3 (aggravated child
8        pornography),
9            11-1.20 or 12-13 (criminal sexual assault),
10            11-1.30 or 12-14 (aggravated criminal sexual
11        assault),
12            11-1.40 or 12-14.1 (predatory criminal sexual
13        assault of a child),
14            11-1.60 or 12-16 (aggravated criminal sexual
15        abuse),
16            12-33 (ritualized abuse of a child);
17        (2) (blank);
18        (3) declared as a sexually dangerous person pursuant
19    to the Sexually Dangerous Persons Act or any substantially
20    similar federal, Uniform Code of Military Justice, sister
21    state, or foreign country law;
22        (4) found to be a sexually violent person pursuant to
23    the Sexually Violent Persons Commitment Act or any
24    substantially similar federal, Uniform Code of Military
25    Justice, sister state, or foreign country law;
26        (5) convicted of a second or subsequent offense which

 

 

SB1576- 237 -LRB103 26117 RLC 52472 b

1    requires registration pursuant to this Act. For purposes
2    of this paragraph (5), "convicted" shall include a
3    conviction under any substantially similar Illinois,
4    federal, Uniform Code of Military Justice, sister state,
5    or foreign country law;
6        (6) (blank); or
7        (7) if the person was convicted of an offense set
8    forth in this subsection (E) on or before July 1, 1999, the
9    person is a sexual predator for whom registration is
10    required only when the person is convicted of a felony
11    offense after July 1, 2011, and paragraph (2.1) of
12    subsection (c) of Section 3 of this Act applies.
13    (E-5) As used in this Article, "sexual predator" also
14means a person convicted of a violation or attempted violation
15of any of the following Sections of the Criminal Code of 1961
16or the Criminal Code of 2012:
17        (1) Section 9-1 (first degree murder, when the victim
18    was a person under 18 years of age and the defendant was at
19    least 17 years of age at the time of the commission of the
20    offense, provided the offense was sexually motivated as
21    defined in Section 10 of the Sex Offender Management Board
22    Act);
23        (2) Section 11-9.5 (sexual misconduct with a person
24    with a disability);
25        (3) when the victim is a person under 18 years of age,
26    the defendant is not a parent of the victim, the offense

 

 

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1    was sexually motivated as defined in Section 10 of the Sex
2    Offender Management Board Act, and the offense was
3    committed on or after January 1, 1996: (A) Section 10-1
4    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
5    (C) Section 10-3 (unlawful restraint), and (D) Section
6    10-3.1 (aggravated unlawful restraint); and
7        (4) Section 10-5(b)(10) (child abduction committed by
8    luring or attempting to lure a child under the age of 16
9    into a motor vehicle, building, house trailer, or dwelling
10    place without the consent of the parent or lawful
11    custodian of the child for other than a lawful purpose and
12    the offense was committed on or after January 1, 1998,
13    provided the offense was sexually motivated as defined in
14    Section 10 of the Sex Offender Management Board Act).
15    (E-10) As used in this Article, "sexual predator" also
16means a person required to register in another State due to a
17conviction, adjudication or other action of any court
18triggering an obligation to register as a sex offender, sexual
19predator, or substantially similar status under the laws of
20that State.
21    (F) As used in this Article, "out-of-state student" means
22any sex offender, as defined in this Section, or sexual
23predator who is enrolled in Illinois, on a full-time or
24part-time basis, in any public or private educational
25institution, including, but not limited to, any secondary
26school, trade or professional institution, or institution of

 

 

SB1576- 239 -LRB103 26117 RLC 52472 b

1higher learning.
2    (G) As used in this Article, "out-of-state employee" means
3any sex offender, as defined in this Section, or sexual
4predator who works in Illinois, regardless of whether the
5individual receives payment for services performed, for a
6period of time of 10 or more days or for an aggregate period of
7time of 30 or more days during any calendar year. Persons who
8operate motor vehicles in the State accrue one day of
9employment time for any portion of a day spent in Illinois.
10    (H) As used in this Article, "school" means any public or
11private educational institution, including, but not limited
12to, any elementary or secondary school, trade or professional
13institution, or institution of higher education.
14    (I) As used in this Article, "fixed residence" means any
15and all places that a sex offender resides for an aggregate
16period of time of 5 or more days in a calendar year.
17    (J) As used in this Article, "Internet protocol address"
18means the string of numbers by which a location on the Internet
19is identified by routers or other computers connected to the
20Internet.
21(Source: P.A. 100-428, eff. 1-1-18.)
 
22    Section 75. The Trafficking Victims Protection Act is
23amended by changing Section 10 as follows:
 
24    (740 ILCS 128/10)

 

 

SB1576- 240 -LRB103 26117 RLC 52472 b

1    Sec. 10. Definitions. As used in this Act:
2    "Human trafficking" means a violation or attempted
3violation of subsection (d) of Section 10-9 of the Criminal
4Code of 2012.
5    "Involuntary servitude" means a violation or attempted
6violation of subsection (b) of Section 10-9 of the Criminal
7Code of 2012.
8    "Sex trade" means a violation or attempted violation of
9any of the following Sections of the Criminal Code of 1961 or
10the Criminal Code of 2012: 11-14.3 (promoting prostitution);
1111-14.4 (promoting juvenile prostitution); 11-15 (soliciting
12for a prostitute); 11-15.1 (soliciting for a juvenile
13prostitute); 11-16 (pandering); 11-17 (keeping a place of
14prostitution); 11-17.1 (keeping a place of juvenile
15prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
16aggravated juvenile pimping); 11-19.2 (exploitation of a
17child); 11-20 (obscenity); 11-20.1 (child sexual abuse
18material pornography); 11-20.1B or 11-20.3 (aggravated child
19pornography); or subsection (c) of Section 10-9 (involuntary
20sexual servitude of a minor).
21    "Sex trade" activity may involve adults and youth of all
22genders and sexual orientations.
23    "Victim of the sex trade" means, for the following sex
24trade acts, the person or persons indicated:
25        (1) soliciting for a prostitute: the prostitute who is
26    the object of the solicitation;

 

 

SB1576- 241 -LRB103 26117 RLC 52472 b

1        (2) soliciting for a juvenile prostitute: the juvenile
2    prostitute, or person with a severe or profound
3    intellectual disability, who is the object of the
4    solicitation;
5        (3) promoting prostitution as described in subdivision
6    (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
7    Code of 1961 or the Criminal Code of 2012, or pandering:
8    the person intended or compelled to act as a prostitute;
9        (4) keeping a place of prostitution: any person
10    intended or compelled to act as a prostitute, while
11    present at the place, during the time period in question;
12        (5) keeping a place of juvenile prostitution: any
13    juvenile intended or compelled to act as a prostitute,
14    while present at the place, during the time period in
15    question;
16        (6) promoting prostitution as described in subdivision
17    (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961
18    or the Criminal Code of 2012, or pimping: the prostitute
19    from whom anything of value is received;
20        (7) promoting juvenile prostitution as described in
21    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
22    Criminal Code of 1961 or the Criminal Code of 2012, or
23    juvenile pimping and aggravated juvenile pimping: the
24    juvenile, or person with a severe or profound intellectual
25    disability, from whom anything of value is received for
26    that person's act of prostitution;

 

 

SB1576- 242 -LRB103 26117 RLC 52472 b

1        (8) promoting juvenile prostitution as described in
2    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
3    of 1961 or the Criminal Code of 2012, or exploitation of a
4    child: the juvenile, or person with a severe or profound
5    intellectual disability, intended or compelled to act as a
6    prostitute or from whom anything of value is received for
7    that person's act of prostitution;
8        (9) obscenity: any person who appears in or is
9    described or depicted in the offending conduct or
10    material;
11        (10) child sexual abuse material pornography or
12    aggravated child pornography: any child, or person with a
13    severe or profound intellectual disability, who appears in
14    or is described or depicted in the offending conduct or
15    material; or
16        (11) involuntary sexual servitude of a minor as
17    defined in subsection (c) of Section 10-9 of the Criminal
18    Code of 1961 or the Criminal Code of 2012.
19(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

SB1576- 243 -LRB103 26117 RLC 52472 b

1Public Act.

 

 

SB1576- 244 -LRB103 26117 RLC 52472 b

1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 4026/10
4    110 ILCS 57/5
5    225 ILCS 10/3.3
6    325 ILCS 5/4.5
7    325 ILCS 5/11.1from Ch. 23, par. 2061.1
8    325 ILCS 15/3from Ch. 23, par. 2083
9    325 ILCS 40/2from Ch. 23, par. 2252
10    325 ILCS 47/10
11    705 ILCS 135/15-70
12    705 ILCS 405/3-40
13    720 ILCS 5/3-5from Ch. 38, par. 3-5
14    720 ILCS 5/3-6from Ch. 38, par. 3-6
15    720 ILCS 5/11-0.1
16    720 ILCS 5/11-9.1from Ch. 38, par. 11-9.1
17    720 ILCS 5/11-9.3
18    720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
19    720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
20    720 ILCS 5/11-23
21    720 ILCS 5/11-25
22    720 ILCS 5/14-3
23    720 ILCS 5/36-1from Ch. 38, par. 36-1
24    725 ILCS 5/106B-10
25    725 ILCS 5/115-7from Ch. 38, par. 115-7

 

 

SB1576- 245 -LRB103 26117 RLC 52472 b

1    725 ILCS 5/115-7.3
2    725 ILCS 5/124B-10
3    725 ILCS 5/124B-100
4    725 ILCS 5/124B-420
5    725 ILCS 5/124B-500
6    725 ILCS 215/2from Ch. 38, par. 1702
7    725 ILCS 215/3from Ch. 38, par. 1703
8    730 ILCS 5/3-1-2from Ch. 38, par. 1003-1-2
9    730 ILCS 5/3-12.5-10
10    730 ILCS 5/5-5-3
11    730 ILCS 5/5-5-3.2
12    730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
13    730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4
14    730 ILCS 5/5-9-1.7from Ch. 38, par. 1005-9-1.7
15    730 ILCS 5/5-9-1.8
16    730 ILCS 150/2from Ch. 38, par. 222
17    740 ILCS 128/10