093_HB0425

 
                                     LRB093 03440 RLC 03466 b

 1        AN ACT in relation to criminal law.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Department of  State  Police  Law  of  the
 5    Civil  Administrative  Code  of Illinois is amended by adding
 6    Section 2605-560 as follows:

 7        (20 ILCS 2605/2605-560 new)
 8        Sec. 2605-560.  Pilot program; Project Safe Child.
 9        (a)  In this Section:
10        "Child" means a  person  under  18  years  of  age  or  a
11    severely  or  profoundly mentally retarded person at the time
12    of the offense.
13        "Sex  offense"  has  the  meaning  ascribed  to   it   in
14    subsection  (c)  of Section 10 of the Sex Offender Management
15    Board Act.
16        "Severely or profoundly mentally retarded person" has the
17    meaning ascribed to it in Section 2-10.1 of the Criminal Code
18    of 1961.
19        (b)  The Department shall establish a Project Safe  Child
20    pilot  program  to combat crimes against children facilitated
21    by the Internet.
22        (c)  Through  the  pilot  program,  the  Department,   in
23    coordination  with  local  law  enforcement agencies, State's
24    Attorneys, and United States Attorneys, shall, to the  extent
25    it  is  appropriate  based  on  a  joint  review of the case,
26    encourage the prosecution in federal court of all persons who
27    use the  Internet,  directly  or  indirectly,  to  commit  or
28    attempt  to  commit  illegal solicitation of a child or a sex
29    offense if the sex offense is committed or attempted  against
30    a  child. The program shall also encourage public outreach by
31    law enforcement agencies.
 
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 1        (d)  There is created the  Project  Safe  Child  Fund,  a
 2    special  fund  in the State treasury. Moneys appropriated for
 3    the purposes of Project Safe Child and moneys from any  other
 4    private or public source, including without limitation grants
 5    from  the Department of Commerce and Community Affairs or the
 6    United States Department of Justice, shall be deposited  into
 7    the  Fund.  Moneys in the Fund, subject to appropriation, may
 8    be used by the Department of  State  Police  to  develop  and
 9    administer the Project Safe Child program.
10        (e)  The  Department shall report to the General Assembly
11    by March 1, 2005 regarding the implementation and effects  of
12    the  Project  Safe Child pilot program and shall by that date
13    make recommendations to the General Assembly for  changes  in
14    the program that the Department deems appropriate.
15        The  requirement  for  reporting  to the General Assembly
16    shall be satisfied by filing copies of the  report  with  the
17    Speaker,  the  Minority Leader, and the Clerk of the House of
18    Representatives, with the President, the Minority Leader, and
19    the  Secretary  of  the  Senate,  and  with  the  Legislative
20    Research Unit, as required by  Section  3.1  of  the  General
21    Assembly  Organization Act, and filing such additional copies
22    with the State Government Report Distribution Center for  the
23    General  Assembly  as  is  required  under  paragraph  (t) of
24    Section 7 of the State Library Act.

25        Section 10.  The Sex Offender  Management  Board  Act  is
26    amended by changing Section 10 as follows:

27        (20 ILCS 4026/10)
28        Sec.  10.  Definitions.   In this Act, unless the context
29    otherwise requires:
30        (a)  "Board" means  the  Sex  Offender  Management  Board
31    created in Section 15.
32        (b)  "Sex  offender" means any person who is convicted or
 
                            -3-      LRB093 03440 RLC 03466 b
 1    found delinquent in the  State  of  Illinois,  or  under  any
 2    substantially similar federal law or law of another state, of
 3    any  sex  offense  or  attempt of a sex offense as defined in
 4    subsection (c) of this Section, or any former statute of this
 5    State that defined a felony sex  offense,  or  who  has  been
 6    certified  as  a sexually dangerous person under the Sexually
 7    Dangerous Persons Act or declared a sexually  violent  person
 8    under  the  Sexually  Violent  Persons Commitment Act, or any
 9    substantially similar federal law or law of another state.
10        (c)  "Sex  offense"  means  any  felony  or   misdemeanor
11    offense described in this subsection (c) as follows:
12             (1)  Indecent  solicitation of a child, in violation
13        of Section 11-6 of the Criminal Code of 1961;
14             (2)  Indecent solicitation of an adult, in violation
15        of Section 11-6.5 of the Criminal Code of 1961;
16             (3)  Public indecency, in violation of Section  11-9
17        of the Criminal Code of 1961;
18             (4)  Sexual exploitation of a child, in violation of
19        Section 11-9.1 of the Criminal Code of 1961;
20             (5)  Sexual  relations within families, in violation
21        of Section 11-11 of the Criminal Code of 1961;
22             (6)  Soliciting  for  a  juvenile   prostitute,   in
23        violation  of  Section  11-15.1  of  the Criminal Code of
24        1961;
25             (7)  Keeping a place of  juvenile  prostitution,  in
26        violation  of  Section  11-17.1  of  the Criminal Code of
27        1961;
28             (8)  Patronizing a juvenile prostitute, in violation
29        of Section 11-18.1 of the Criminal Code of 1961;
30             (9)  Juvenile  pimping,  in  violation  of   Section
31        11-19.1 of the Criminal Code of 1961;
32             (10)  Exploitation  of  a  child,  in  violation  of
33        Section 11-19.2 of the Criminal Code of 1961;
34             (11)  Child  pornography,  in  violation  of Section
 
                            -4-      LRB093 03440 RLC 03466 b
 1        11-20.1 of the Criminal Code of 1961;
 2             (12)  Harmful material for a child, in violation  of
 3        Section 11-21 of the Criminal Code of 1961;
 4             (13)  Criminal   sexual  assault,  in  violation  of
 5        Section 12-13 of the Criminal Code of 1961;
 6             (14)  Aggravated   criminal   sexual   assault,   in
 7        violation of Section 12-14 of the Criminal Code of 1961;
 8             (15)  Predatory criminal sexual assault of a  child,
 9        in  violation  of Section 12-14.1 of the Criminal Code of
10        1961;
11             (16)  Criminal sexual abuse, in violation of Section
12        12-15 of the Criminal Code of 1961;
13             (17)  Aggravated criminal sexual abuse, in violation
14        of Section 12-16 of the Criminal Code of 1961;
15             (18)  Ritualized abuse of a child, in  violation  of
16        Section 12-33 of the Criminal Code of 1961;
17             (19)  An  attempt  to  commit  any  of  the offenses
18        enumerated in this subsection (c).
19        (d)  "Management"  means  counseling,   monitoring,   and
20    supervision   of  any  sex  offender  that  conforms  to  the
21    standards created by the Board under Section 15.
22    (Source: P.A. 90-133, eff. 7-22-97; 90-793, eff. 8-14-98.)

23        Section 15. The State Finance Act is  amended  by  adding
24    Section 5.595 as follows:

25        (30 ILCS 105/5.595 new)
26        Sec. 5.595. The Project Safe Child Fund.

27        Section  20.   The  Criminal  Code  of 1961 is amended by
28    changing Sections 10-7, 11-9.3, 11-9.4,  11-20.1,  and  11-21
29    and adding Sections 11-6.1 and 11-24 as follows:

30        (720 ILCS 5/10-7) (from Ch. 38, par. 10-7)
 
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 1        Sec.  10-7.   Aiding  and  abetting  child  abduction  or
 2    illegal  solicitation  of a child. (a) A person violates this
 3    Section when:
 4        (i)  Before or during the commission of a child abduction
 5    as defined in Section 10-5 or illegal solicitation of a child
 6    as defined in Section 11-6.1 and with the intent  to  promote
 7    or  facilitate  such offense, he or she intentionally aids or
 8    abets  another  in  the  planning  or  commission  of   child
 9    abduction  or  illegal solicitation of a child, unless before
10    the commission of the offense he or she makes  proper  effort
11    to prevent the commission of the offense; or
12        (ii)  With  the  intent  to prevent the apprehension of a
13    person known to have committed the offense of child abduction
14    or illegal solicitation of a child, or  with  the  intent  to
15    obstruct  or  prevent efforts to locate the child victim of a
16    child abduction or illegal solicitation of a child, he or she
17    knowingly destroys, alters, conceals  or  disguises  physical
18    evidence or furnishes false information.
19        (b)  Sentence. A person who violates this Section commits
20    a Class 4 felony.
21    (Source: P.A. 84-1308.)

22        (720 ILCS 5/11-6.1 new)
23        Sec. 11-6.1. Illegal solicitation of a child.
24        (a)  In this Section:
25        "Child" means a person under 18 years of age.
26        "Contacts  or  communicates  with"  includes  direct  and
27    indirect contact or communication, by any means, including in
28    person or through an agent or agency, and includes the use of
29    any   print   medium,   the   mails,   a  common  carrier  or
30    communication common carrier, any  electronic  communications
31    system,  and any telecommunications, wire, computer, or radio
32    communications device or system.
33        "Detains" means taking or retaining physical custody of a
 
                            -6-      LRB093 03440 RLC 03466 b
 1    child, whether or not the child resists or objects.
 2        "Solicit" means  to  command,  authorize,  urge,  incite,
 3    request,  or  advise  another person to perform an act by any
 4    means including, but not limited  to,  in  person,  over  the
 5    phone,  in  writing,  by computer, or by advertisement of any
 6    kind.
 7        (b)  A person commits the offense of illegal solicitation
 8    of a child when he or she:
 9             (1)  intentionally solicits, lures, or  attempts  to
10        solicit  or  lure  a  child  to  any location without the
11        consent of the parent or lawful custodian  of  the  child
12        for other than a lawful purpose; or
13             (2)  intentionally contacts or communicates with, or
14        attempts  to contact or communicate with, any child, with
15        belief or knowledge or reason to know  the  person  is  a
16        child, for the purpose of or with intent to engage in any
17        unlawful act upon or with any child, including aggravated
18        battery  of  a child, criminal sexual assault, aggravated
19        criminal  sexual  assault,  predatory   criminal   sexual
20        assault  of  a  child,  criminal sexual abuse, aggravated
21        criminal sexual abuse,  child  pornography,  a  crime  of
22        violence  or  theft,  or  any  unlawful interference with
23        custody or control over a child, or  any  other  act  for
24        which  any  person can be charged with a criminal offense
25        under a state or federal law.
26        (c)  It is not a defense to a violation of  this  Section
27    that  the  person  solicited or lured is a peace officer whom
28    the defendant reasonably believes to be a child.
29        (d)  Sentence. A person convicted of illegal solicitation
30    of a child is guilty of a Class 4 felony. A person  convicted
31    of a second or subsequent violation of this Section is guilty
32    of  a Class 3 felony. It is a factor in aggravation for which
33    a court may impose a more severe sentence under Section 5-8-1
34    of the Unified Code of Corrections if, upon  sentencing,  the
 
                            -7-      LRB093 03440 RLC 03466 b
 1    court  finds  evidence  of  any  of the following aggravating
 2    factors:
 3             (1) that the defendant abused or neglected the child
 4        following the concealment, detention, or removal  of  the
 5        child; or
 6             (2)  that   the   defendant   has   previously  been
 7        convicted of illegal solicitation of a  child  or  a  sex
 8        offense  as defined in clause (c)(2), (c)(2.5), or (c)(3)
 9        of Section 11-9.3; or
10             (3)  that the defendant committed the offense  while
11        armed    with  a deadly weapon or the taking of the child
12        resulted in serious  bodily injury to another; or
13             (4)  that the defendant committed the offense  while
14        in  a  school,  regardless  of the time of day or time of
15        year; in a playground; on any conveyance  owned,  leased,
16        or  contracted  by  a  school to transport students to or
17        from school or a school related  activity;  on  the  real
18        property  of  a  school;  or on a public way within 1,000
19        feet of  the  real  property  comprising  any  school  or
20        playground.   For   purposes   of   this  paragraph  (4),
21        "playground" means a piece of land owned or controlled by
22        a unit of local government that is designated by the unit
23        of local government  for  use  solely  or  primarily  for
24        children's  recreation;  and  "school"  means a public or
25        private  elementary  or   secondary   school,   community
26        college, college, or university.

27        (720 ILCS 5/11-9.3)
28        Sec.  11-9.3.   Presence  within school zone by child sex
29    offenders prohibited.
30        (a)  It is unlawful for a child sex offender to knowingly
31    be  present  in  any  school  building,  on   real   property
32    comprising any school, or in any conveyance owned, leased, or
33    contracted  by  a  school  to  transport  students to or from
 
                            -8-      LRB093 03440 RLC 03466 b
 1    school or a school related activity when  persons  under  the
 2    age  of  18 are present in the building, on the grounds or in
 3    the conveyance, unless the offender is a parent  or  guardian
 4    of  a  student  present in the building, on the grounds or in
 5    the conveyance or unless the offender has  permission  to  be
 6    present from the superintendent or the school board or in the
 7    case  of a private school from the principal.  In the case of
 8    a public school, if permission is granted, the superintendent
 9    or school board president must inform the  principal  of  the
10    school  where the sex offender will be present.  Notification
11    includes the nature of the sex offender's visit and the hours
12    in which the sex offender will be present in the school.  The
13    sex offender is responsible  for  notifying  the  principal's
14    office  when he or she arrives on school property and when he
15    or she departs from school property.  If the sex offender  is
16    to  be  present in the vicinity of children, the sex offender
17    has the duty to remain under  the  direct  supervision  of  a
18    school  official.   A  child  sex  offender who violates this
19    provision is guilty of a Class 4 felony.
20             (1)  (Blank; or)
21             (2)  (Blank.)
22        (b)  It is unlawful for a child sex offender to knowingly
23    loiter on a public way within 500 feet of a  school  building
24    or  real  property  comprising any school while persons under
25    the age of 18 are present in the building or on the  grounds,
26    unless  the  offender  is  a  parent or guardian of a student
27    present in the building or on the grounds or  has  permission
28    to  be present from the superintendent or the school board or
29    in the case of a private school from the principal.   In  the
30    case  of  a  public  school,  if  permission  is granted, the
31    superintendent or school  board  president  must  inform  the
32    principal  of  the  school  where  the  sex  offender will be
33    present.   Notification  includes  the  nature  of  the   sex
34    offender's visit and the hours in which the sex offender will
 
                            -9-      LRB093 03440 RLC 03466 b
 1    be  present  in  the school.  The sex offender is responsible
 2    for notifying the principal's office when he or  she  arrives
 3    on  school  property  and  when he or she departs from school
 4    property.  If the sex  offender  is  to  be  present  in  the
 5    vicinity of children, the sex offender has the duty to remain
 6    under  the  direct supervision of a school official.  A child
 7    sex offender who violates this provision is guilty of a Class
 8    4 felony.
 9             (1)  (Blank; or)
10             (2)  (Blank.)
11        (b-5)  It  is  unlawful  for  a  child  sex  offender  to
12    knowingly reside within 500 feet of a school building or  the
13    real  property  comprising  any school that persons under the
14    age of 18 attend.  Nothing in this subsection (b-5) prohibits
15    a child sex offender from  residing  within  500  feet  of  a
16    school  building  or  the real property comprising any school
17    that persons under 18 attend if the property is owned by  the
18    child  sex  offender  and  was purchased before the effective
19    date of this amendatory Act of the 91st General Assembly.
20        (c)  Definitions.  In this Section:
21             (1)  "Child sex offender" means any person who:
22                  (i)  has been charged under  Illinois  law,  or
23             any  substantially  similar  federal  law  or law of
24             another state, with  a  sex  offense  set  forth  in
25             paragraph  (2) of this subsection (c) or the attempt
26             to commit an included sex offense, and:
27                       (A)  is convicted of such  offense  or  an
28                  attempt to commit such offense; or
29                       (B)  is  found  not  guilty  by  reason of
30                  insanity of  such  offense  or  an  attempt  to
31                  commit such offense; or
32                       (C)  is  found  not  guilty  by  reason of
33                  insanity pursuant to subsection (c) of  Section
34                  104-25  of  the  Code  of Criminal Procedure of
 
                            -10-     LRB093 03440 RLC 03466 b
 1                  1963 of such offense or an  attempt  to  commit
 2                  such offense; or
 3                       (D)  is  the  subject  of  a  finding  not
 4                  resulting   in   an   acquittal  at  a  hearing
 5                  conducted pursuant to subsection (a) of Section
 6                  104-25 of the Code  of  Criminal  Procedure  of
 7                  1963  for  the  alleged commission or attempted
 8                  commission of such offense; or
 9                       (E)  is found  not  guilty  by  reason  of
10                  insanity following a hearing conducted pursuant
11                  to  a  federal  law or the law of another state
12                  substantially  similar  to  subsection  (c)  of
13                  Section  104-25  of  the   Code   of   Criminal
14                  Procedure  of  1963  of  such offense or of the
15                  attempted commission of such offense; or
16                       (F)  is  the  subject  of  a  finding  not
17                  resulting  in  an  acquittal   at   a   hearing
18                  conducted  pursuant to a federal law or the law
19                  of  another  state  substantially  similar   to
20                  subsection (a) of Section 104-25 of the Code of
21                  Criminal  Procedure  of  1963  for  the alleged
22                  violation  or  attempted  commission  of   such
23                  offense; or
24                  (ii)  is  certified  as  a  sexually  dangerous
25             person  pursuant  to the Illinois Sexually Dangerous
26             Persons Act, or any  substantially  similar  federal
27             law  or  the  law of another state, when any conduct
28             giving rise to such certification  is  committed  or
29             attempted  against  a  person  less than 18 years of
30             age; or
31                  (iii)  is subject to the provisions of  Section
32             2 of the Interstate Agreements on Sexually Dangerous
33             Persons Act.
34             Convictions  that  result from or are connected with
 
                            -11-     LRB093 03440 RLC 03466 b
 1        the same act, or result from offenses  committed  at  the
 2        same  time,  shall  be  counted  for  the purpose of this
 3        Section as one  conviction.   Any  conviction  set  aside
 4        pursuant  to law is not a conviction for purposes of this
 5        Section.
 6             (2)  Except  as  otherwise  provided  in   paragraph
 7        (2.5), "sex offense" means:
 8                  (i)  A   violation  of  any  of  the  following
 9             Sections of the Criminal Code of 1961: 10-7  (aiding
10             and   abetting   child   abduction   under   Section
11             10-5(b)(10))   or   aiding   and   abetting  illegal
12             solicitation  of  a  child  under  Section  11-6.1),
13             10-5(b)(10)   (child   luring),    11-6    (indecent
14             solicitation    of   a   child),   11-6.1   (illegal
15             solicitation   of   a   child),   11-6.5   (indecent
16             solicitation of an adult),  11-9  (public  indecency
17             when  committed  in  a  school, on the real property
18             comprising a school,  or  on  a  conveyance,  owned,
19             leased,  or  contracted  by  a  school  to transport
20             students to or  from  school  or  a  school  related
21             activity),  11-9.1 (sexual exploitation of a child),
22             11-15.1  (soliciting  for  a  juvenile  prostitute),
23             11-17.1 (keeping a place of juvenile  prostitution),
24             11-18.1 (patronizing a juvenile prostitute), 11-19.1
25             (juvenile   pimping),  11-19.2  (exploitation  of  a
26             child), 11-20.1 (child pornography), 11-21  (harmful
27             material  for  a child), 12-14.1 (predatory criminal
28             sexual assault of a child), 12-33 (ritualized  abuse
29             of  a  child),  11-20 (obscenity) (when that offense
30             was  committed  in  any  school,  on  real  property
31             comprising any  school,  in  any  conveyance  owned,
32             leased,  or  contracted  by  a  school  to transport
33             students to or  from  school  or  a  school  related
34             activity).   An  attempt  to  commit  any  of  these
 
                            -12-     LRB093 03440 RLC 03466 b
 1             offenses.
 2                  (ii)  A  violation  of  any  of  the  following
 3             Sections  of  the  Criminal  Code  of 1961, when the
 4             victim is a person under  18  years  of  age:  12-13
 5             (criminal   sexual   assault),   12-14   (aggravated
 6             criminal  sexual  assault),  12-15  (criminal sexual
 7             abuse), 12-16 (aggravated  criminal  sexual  abuse).
 8             An attempt to commit any of these offenses.
 9                  (iii)  A  violation  of  any  of  the following
10             Sections of the Criminal  Code  of  1961,  when  the
11             victim  is  a  person  under 18 years of age and the
12             defendant is not a parent of the victim:
13                  10-1 (kidnapping),
14                  10-2 (aggravated kidnapping),
15                  10-3 (unlawful restraint),
16                  10-3.1 (aggravated unlawful restraint).
17                  An attempt to commit any of these offenses.
18                  (iv)  A violation of any  former  law  of  this
19             State substantially equivalent to any offense listed
20             in clause (2)(i) of subsection (c) of this Section.
21             (2.5)  For  the purposes of subsection (b-5) only, a
22        sex offense means:
23                  (i)  A  violation  of  any  of  the   following
24             Sections of the Criminal Code of 1961:
25                       10-5(b)(10)  (child  luring), 10-7 (aiding
26                  and  abetting  child  abduction  under  Section
27                  10-5(b)(10)  or  aiding  and  abetting  illegal
28                  solicitation of a child under Section  11-6.1),
29                  11-6 (indecent solicitation of a child), 11-6.1
30                  (illegal   solicitation  of  a  child),  11-6.5
31                  (indecent solicitation of  an  adult),  11-15.1
32                  (soliciting for a juvenile prostitute), 11-17.1
33                  (keeping  a  place  of  juvenile prostitution),
34                  11-18.1 (patronizing  a  juvenile  prostitute),
 
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 1                  11-19.1     (juvenile     pimping),     11-19.2
 2                  (exploitation   of  a  child),  11-20.1  (child
 3                  pornography),   12-14.1   (predatory   criminal
 4                  sexual  assault   of   a   child),   or   12-33
 5                  (ritualized  abuse  of a child).  An attempt to
 6                  commit any of these offenses.
 7                  (ii)  A  violation  of  any  of  the  following
 8             Sections of the Criminal  Code  of  1961,  when  the
 9             victim  is  a  person  under  18 years of age: 12-13
10             (criminal   sexual   assault),   12-14   (aggravated
11             criminal sexual assault), 12-16 (aggravated criminal
12             sexual abuse), and subsection (a) of  Section  12-15
13             (criminal  sexual  abuse).  An attempt to commit any
14             of these offenses.
15                  (iii)  A violation  of  any  of  the  following
16             Sections  of  the  Criminal  Code  of 1961, when the
17             victim is a person under 18 years  of  age  and  the
18             defendant is not a parent of the victim:
19                  10-1 (kidnapping),
20                  10-2 (aggravated kidnapping),
21                  10-3 (unlawful restraint),
22                  10-3.1 (aggravated unlawful restraint).
23                  An attempt to commit any of these offenses.
24                  (iv)  A  violation  of  any  former law of this
25             State substantially equivalent to any offense listed
26             in this paragraph (2.5) of this subsection.
27             (3)  A conviction for an offense of federal  law  or
28        the law of another state that is substantially equivalent
29        to  any offense listed in paragraph (2) of subsection (c)
30        of this Section shall constitute  a  conviction  for  the
31        purpose  of this Article.  A finding or adjudication as a
32        sexually dangerous person under any federal law or law of
33        another state that is  substantially  equivalent  to  the
34        Sexually   Dangerous  Persons  Act  shall  constitute  an
 
                            -14-     LRB093 03440 RLC 03466 b
 1        adjudication for the purposes of this Section.
 2             (4)  "School" means a public or private  pre-school,
 3        elementary, or secondary school.
 4             (5)  "Loiter" means:
 5                  (i)  Standing, sitting idly, whether or not the
 6             person  is  in  a  vehicle or remaining in or around
 7             school property.
 8                  (ii)  Standing, sitting idly,  whether  or  not
 9             the person is in a vehicle or remaining in or around
10             school  property,  for  the purpose of committing or
11             attempting to commit a sex offense.
12             (6)  "School  official"  means  the   principal,   a
13        teacher,  or  any other certified employee of the school,
14        the superintendent of schools or a member of  the  school
15        board.
16        (d)  Sentence.   A  person  who  violates this Section is
17    guilty of a Class 4 felony.
18    (Source: P.A. 90-234,  eff.  1-1-98;  90-655,  eff.  7-30-98;
19    91-356, eff. 1-1-00; 91-911, eff. 7-7-00.)

20        (720 ILCS 5/11-9.4)
21        Sec.   11-9.4.   Approaching,  contacting,  residing,  or
22    communicating with a child within certain places by child sex
23    offenders prohibited.
24        (a)  It is unlawful for a child sex offender to knowingly
25    be present in any public park building or  on  real  property
26    comprising  any  public park when persons under the age of 18
27    are present  in  the  building  or  on  the  grounds  and  to
28    approach, contact, or communicate with a child under 18 years
29    of  age,  unless  the  offender  is a parent or guardian of a
30    person under 18 years of age present in the  building  or  on
31    the grounds.
32        (b)  It is unlawful for a child sex offender to knowingly
33    loiter  on  a  public  way  within  500 feet of a public park
 
                            -15-     LRB093 03440 RLC 03466 b
 1    building or real property comprising any  public  park  while
 2    persons under the age of 18 are present in the building or on
 3    the  grounds  and to approach, contact, or communicate with a
 4    child under 18 years of age, unless the offender is a  parent
 5    or  guardian of a person under 18 years of age present in the
 6    building or on the grounds.
 7        (b-5)  It  is  unlawful  for  a  child  sex  offender  to
 8    knowingly reside  within  500  feet  of  a  playground  or  a
 9    facility  providing programs or services exclusively directed
10    toward persons under  18  years  of  age.   Nothing  in  this
11    subsection (b-5) prohibits a child sex offender from residing
12    within  500  feet  of  a  playground  or a facility providing
13    programs or  services  exclusively  directed  toward  persons
14    under  18  years of age if the property is owned by the child
15    sex offender and was purchased before the effective  date  of
16    this amendatory Act of the 91st General Assembly.
17        (b-6)  It  is  unlawful  for  a  child  sex  offender  to
18    knowingly  reside  within  500  feet of the victim of the sex
19    offense.  Nothing in this subsection (b-6) prohibits a  child
20    sex  offender  from residing within 500 feet of the victim if
21    the property in which the child sex offender resides is owned
22    by the child  sex  offender  and  was  purchased  before  the
23    effective  date  of  this  amendatory Act of the 92nd General
24    Assembly.
25        This subsection (b-6) does not apply if the victim of the
26    sex offense is 21 years of age or older.
27        (c)  It is unlawful for a child sex offender to knowingly
28    operate, manage, be employed by, volunteer at, be  associated
29    with,  or  knowingly  be  present  at  any facility providing
30    programs or services  exclusively  directed  towards  persons
31    under  the  age  of  18.  This  does not prohibit a child sex
32    offender  from  owning  the  real  property  upon  which  the
33    programs or services are  offered,  provided  the  child  sex
34    offender  refrains from being present on the premises for the
 
                            -16-     LRB093 03440 RLC 03466 b
 1    hours  during  which  the  programs  or  services  are  being
 2    offered.
 3        (d)  Definitions.  In this Section:
 4             (1)  "Child sex offender" means any person who:
 5                  (i)  has been charged under  Illinois  law,  or
 6             any  substantially  similar  federal  law  or law of
 7             another state, with  a  sex  offense  set  forth  in
 8             paragraph  (2) of this subsection (d) or the attempt
 9             to commit an included sex offense, and:
10                       (A)  is convicted of such  offense  or  an
11                  attempt to commit such offense; or
12                       (B)  is  found  not  guilty  by  reason of
13                  insanity of  such  offense  or  an  attempt  to
14                  commit such offense; or
15                       (C)  is  found  not  guilty  by  reason of
16                  insanity pursuant to subsection (c) of  Section
17                  104-25  of  the  Code  of Criminal Procedure of
18                  1963 of such offense or an  attempt  to  commit
19                  such offense; or
20                       (D)  is  the  subject  of  a  finding  not
21                  resulting   in   an   acquittal  at  a  hearing
22                  conducted pursuant to subsection (a) of Section
23                  104-25 of the Code  of  Criminal  Procedure  of
24                  1963  for  the  alleged commission or attempted
25                  commission of such offense; or
26                       (E)  is found  not  guilty  by  reason  of
27                  insanity following a hearing conducted pursuant
28                  to  a  federal  law or the law of another state
29                  substantially  similar  to  subsection  (c)  of
30                  Section  104-25  of  the   Code   of   Criminal
31                  Procedure  of  1963  of  such offense or of the
32                  attempted commission of such offense; or
33                       (F)  is  the  subject  of  a  finding  not
34                  resulting  in  an  acquittal   at   a   hearing
 
                            -17-     LRB093 03440 RLC 03466 b
 1                  conducted  pursuant to a federal law or the law
 2                  of  another  state  substantially  similar   to
 3                  subsection (a) of Section 104-25 of the Code of
 4                  Criminal  Procedure  of  1963  for  the alleged
 5                  violation  or  attempted  commission  of   such
 6                  offense; or
 7                  (ii)  is  certified  as  a  sexually  dangerous
 8             person  pursuant  to the Illinois Sexually Dangerous
 9             Persons Act, or any  substantially  similar  federal
10             law  or  the  law of another state, when any conduct
11             giving rise to such certification  is  committed  or
12             attempted  against  a  person  less than 18 years of
13             age; or
14                  (iii)  is subject to the provisions of  Section
15             2 of the Interstate Agreements on Sexually Dangerous
16             Persons Act.
17             Convictions  that  result from or are connected with
18        the same act, or result from offenses  committed  at  the
19        same  time,  shall  be  counted  for  the purpose of this
20        Section as one  conviction.   Any  conviction  set  aside
21        pursuant  to law is not a conviction for purposes of this
22        Section.
23             (2)  Except  as  otherwise  provided  in   paragraph
24        (2.5), "sex offense" means:
25                  (i)  A   violation  of  any  of  the  following
26             Sections of the Criminal Code of 1961: 10-7  (aiding
27             and   abetting   child   abduction   under   Section
28             10-5(b)(10)   or   aiding   and   abetting   illegal
29             solicitation  of  a  child  under  Section  11-6.1),
30             10-5(b)(10)    (child    luring),   11-6   (indecent
31             solicitation   of   a   child),   11-6.1    (illegal
32             solicitation   of   a   child),   11-6.5   (indecent
33             solicitation  of  an  adult), 11-9 (public indecency
34             when committed in a school,  on  the  real  property
 
                            -18-     LRB093 03440 RLC 03466 b
 1             comprising  a school, on a conveyance owned, leased,
 2             or contracted by a school to transport  students  to
 3             or from school or a school related activity, or in a
 4             public  park),  11-9.1  (sexual  exploitation  of  a
 5             child),   11-15.1   (soliciting   for   a   juvenile
 6             prostitute),  11-17.1  (keeping  a place of juvenile
 7             prostitution),  11-18.1  (patronizing   a   juvenile
 8             prostitute),  11-19.1  (juvenile  pimping),  11-19.2
 9             (exploitation    of   a   child),   11-20.1   (child
10             pornography), 11-21 (harmful material for a  child),
11             12-14.1  (predatory  criminal  sexual  assault  of a
12             child), 12-33 (ritualized abuse of a  child),  11-20
13             (obscenity)  (when that offense was committed in any
14             school, on real property comprising any  school,  on
15             any  conveyance  owned,  leased,  or contracted by a
16             school to transport students to or from school or  a
17             school  related  activity, or in a public park).  An
18             attempt to commit any of these offenses.
19                  (ii)  A  violation  of  any  of  the  following
20             Sections of the Criminal  Code  of  1961,  when  the
21             victim  is  a  person  under  18 years of age: 12-13
22             (criminal   sexual   assault),   12-14   (aggravated
23             criminal sexual  assault),  12-15  (criminal  sexual
24             abuse),  12-16  (aggravated  criminal sexual abuse).
25             An attempt to commit any of these offenses.
26                  (iii)  A violation  of  any  of  the  following
27             Sections  of  the  Criminal  Code  of 1961, when the
28             victim is a person under 18 years  of  age  and  the
29             defendant is not a parent of the victim:
30                  10-1 (kidnapping),
31                  10-2 (aggravated kidnapping),
32                  10-3 (unlawful restraint),
33                  10-3.1 (aggravated unlawful restraint).
34                  An attempt to commit any of these offenses.
 
                            -19-     LRB093 03440 RLC 03466 b
 1                  (iv)  A  violation  of  any  former law of this
 2             State substantially equivalent to any offense listed
 3             in clause (2)(i) of this subsection (d).
 4             (2.5)  For the purposes of subsection (b-5) only,  a
 5        sex offense means:
 6                  (i)  A   violation  of  any  of  the  following
 7             Sections of the Criminal Code of 1961:
 8                       10-5(b)(10) (child luring),  10-7  (aiding
 9                  and  abetting  child  abduction  under  Section
10                  10-5(b)(10)  or  aiding  and  abetting  illegal
11                  solicitation  of a child under Section 11-6.1),
12                  11-6 (indecent solicitation of a child), 11-6.1
13                  (illegal  solicitation  of  a  child),   11-6.5
14                  (indecent  solicitation  of  an adult), 11-15.1
15                  (soliciting for a juvenile prostitute), 11-17.1
16                  (keeping a  place  of  juvenile  prostitution),
17                  11-18.1  (patronizing  a  juvenile prostitute),
18                  11-19.1     (juvenile     pimping),     11-19.2
19                  (exploitation  of  a  child),  11-20.1   (child
20                  pornography),   12-14.1   (predatory   criminal
21                  sexual   assault   of   a   child),   or  12-33
22                  (ritualized abuse of a child).  An  attempt  to
23                  commit any of these offenses.
24                  (ii)  A  violation  of  any  of  the  following
25             Sections  of  the  Criminal  Code  of 1961, when the
26             victim is a person under  18  years  of  age:  12-13
27             (criminal   sexual   assault),   12-14   (aggravated
28             criminal sexual assault), 12-16 (aggravated criminal
29             sexual  abuse),  and subsection (a) of Section 12-15
30             (criminal sexual abuse).  An attempt to  commit  any
31             of these offenses.
32                  (iii)  A  violation  of  any  of  the following
33             Sections of the Criminal  Code  of  1961,  when  the
34             victim  is  a  person  under 18 years of age and the
 
                            -20-     LRB093 03440 RLC 03466 b
 1             defendant is not a parent of the victim:
 2                  10-1 (kidnapping),
 3                  10-2 (aggravated kidnapping),
 4                  10-3 (unlawful restraint),
 5                  10-3.1 (aggravated unlawful restraint).
 6                  An attempt to commit any of these offenses.
 7                  (iv)  A violation of any  former  law  of  this
 8             State substantially equivalent to any offense listed
 9             in this paragraph (2.5) of this subsection.
10             (3)  A  conviction  for an offense of federal law or
11        the law of another state that is substantially equivalent
12        to  any  offense  listed  in  paragraph   (2)   of   this
13        subsection  (d)  shall  constitute  a  conviction for the
14        purpose of this Section.  A finding or adjudication as  a
15        sexually dangerous person under any federal law or law of
16        another  state  that  is  substantially equivalent to the
17        Sexually  Dangerous  Persons  Act  shall  constitute   an
18        adjudication for the purposes of this Section.
19             (4)  "Public park" includes a park, forest preserve,
20        or  conservation area under the jurisdiction of the State
21        or a unit of local government.
22             (5)  "Facility  providing   programs   or   services
23        directed  towards  persons under the age of 18" means any
24        facility  providing  programs  or  services   exclusively
25        directed towards persons under the age of 18.
26             (6)  "Loiter" means:
27                  (i)  Standing, sitting idly, whether or not the
28             person  is  in  a  vehicle or remaining in or around
29             public park property.
30                  (ii)  Standing, sitting idly,  whether  or  not
31             the person is in a vehicle or remaining in or around
32             public  park property, for the purpose of committing
33             or attempting to commit a sex offense.
34             (7)  "Playground" means a piece  of  land  owned  or
 
                            -21-     LRB093 03440 RLC 03466 b
 1        controlled   by  a  unit  of  local  government  that  is
 2        designated by the unit of local government for use solely
 3        or primarily for children's recreation.
 4        (e)  Sentence.  A person who  violates  this  Section  is
 5    guilty of a Class 4 felony.
 6    (Source:  P.A.  91-458,  eff.  1-1-00;  91-911,  eff. 7-7-00;
 7    92-828, eff. 8-22-02.)

 8        (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1)
 9        Sec. 11-20.1.  Child pornography.
10        (a)  A person commits the offense  of  child  pornography
11    who:
12             (1)  films,  videotapes,  photographs,  or otherwise
13        depicts or portrays by means of any similar visual medium
14        or reproduction or depicts by computer any child whom  he
15        knows or reasonably should know to be under the age of 18
16        or  any  severely  or profoundly mentally retarded person
17        where such  child  or  severely  or  profoundly  mentally
18        retarded person is:
19                  (i)  actually  or  by simulation engaged in any
20             act of sexual penetration or sexual conduct with any
21             person or animal; or
22                  (ii)  actually or by simulation engaged in  any
23             act   of   sexual   penetration  or  sexual  conduct
24             involving the sex organs of the child or severely or
25             profoundly mentally retarded person and  the  mouth,
26             anus,  or sex organs of another person or animal; or
27             which involves the mouth, anus or sex organs of  the
28             child  or  severely  or profoundly mentally retarded
29             person and the  sex  organs  of  another  person  or
30             animal; or
31                  (iii)  actually or by simulation engaged in any
32             act of masturbation; or
33                  (iv)  actually  or  by  simulation portrayed as
 
                            -22-     LRB093 03440 RLC 03466 b
 1             being the object of, or otherwise  engaged  in,  any
 2             act   of   lewd  fondling,  touching,  or  caressing
 3             involving another person or animal; or
 4                  (v)  actually or by simulation engaged  in  any
 5             act  of  excretion  or  urination  within  a  sexual
 6             context; or
 7                  (vi)  actually  or  by  simulation portrayed or
 8             depicted as bound, fettered, or subject to sadistic,
 9             masochistic, or sadomasochistic abuse in any  sexual
10             context; or
11                  (vii)  depicted   or  portrayed  in  any  pose,
12             posture or setting involving a  lewd  exhibition  of
13             the unclothed genitals, pubic area, buttocks, or, if
14             such   person   is  female,  a  fully  or  partially
15             developed breast of the child or other person; or
16             (2)  with the knowledge of  the  nature  or  content
17        thereof, reproduces, disseminates, offers to disseminate,
18        exhibits  or  possesses  with  intent  to disseminate any
19        film,  videotape,  photograph  or  other  similar  visual
20        reproduction or depiction by computer  of  any  child  or
21        severely  or profoundly mentally retarded person whom the
22        person knows or reasonably should know to  be  under  the
23        age  of  18  or  to  be a severely or profoundly mentally
24        retarded person, engaged in  any  activity  described  in
25        subparagraphs  (i) through (vii) of paragraph (1) of this
26        subsection; or
27             (3)  with knowledge of the subject matter  or  theme
28        thereof, produces any stage play, live performance, film,
29        videotape  or other similar visual portrayal or depiction
30        by computer which includes a child whom the person  knows
31        or  reasonably should know to be under the age of 18 or a
32        severely or profoundly mentally retarded  person  engaged
33        in  any  activity  described in subparagraphs (i) through
34        (vii) of paragraph (1) of this subsection; or
 
                            -23-     LRB093 03440 RLC 03466 b
 1             (4)  solicits, uses, persuades, induces, entices, or
 2        coerces any child whom he knows or reasonably should know
 3        to be under the age of 18 or  a  severely  or  profoundly
 4        mentally  retarded  person  to  appear in any stage play,
 5        live presentation, film, videotape, photograph  or  other
 6        similar  visual  reproduction or depiction by computer in
 7        which  the  child  or  severely  or  profoundly  mentally
 8        retarded person is or will be depicted,  actually  or  by
 9        simulation,  in  any  act,  pose  or setting described in
10        subparagraphs (i) through (vii) of paragraph (1) of  this
11        subsection; or
12             (5)  is  a  parent,  step-parent,  legal guardian or
13        other person having care or custody of a child  whom  the
14        person  knows  or  reasonably should know to be under the
15        age of 18 or a severely or profoundly  mentally  retarded
16        person  and  who knowingly permits, induces, promotes, or
17        arranges  for  such  child  or  severely  or   profoundly
18        mentally  retarded  person  to  appear in any stage play,
19        live performance, film, videotape,  photograph  or  other
20        similar  visual  presentation, portrayal or simulation or
21        depiction by computer of any act or activity described in
22        subparagraphs (i) through (vii) of paragraph (1) of  this
23        subsection; or
24             (6)  with   knowledge   of  the  nature  or  content
25        thereof, possesses any  film,  videotape,  photograph  or
26        other   similar   visual  reproduction  or  depiction  by
27        computer of any child or severely or profoundly  mentally
28        retarded  person  whom  the  person  knows  or reasonably
29        should know to be under the age of 18 or to be a severely
30        or profoundly mentally retarded person,  engaged  in  any
31        activity  described in subparagraphs (i) through (vii) of
32        paragraph (1) of this subsection; or
33             (7)  solicits, uses, persuades, induces, entices, or
34        coerces a person to provide a child under the age  of  18
 
                            -24-     LRB093 03440 RLC 03466 b
 1        or  a  severely or profoundly mentally retarded person to
 2        appear in any videotape, photograph,  film,  stage  play,
 3        live  presentation,  or other similar visual reproduction
 4        or depiction by computer in which the child  or  severely
 5        or  profoundly mentally retarded person will be depicted,
 6        actually or by simulation, in any act, pose,  or  setting
 7        described in subparagraphs (i) through (vii) of paragraph
 8        (1) of this subsection; or.
 9             (8)  solicits, persuades, induces, entices, seduces,
10        or  coerces  a  child under 18 years of age to pose for a
11        photograph, video, or a digital image in any  posture  or
12        setting that could be construed as child erotica.
13        (b) (1)  It  shall  be an affirmative defense to a charge
14        of  child  pornography  that  the  defendant   reasonably
15        believed,  under all of the circumstances, that the child
16        was 18 years of age or older or that the person was not a
17        severely or profoundly mentally retarded person but  only
18        where,  prior  to  the  act  or  acts  giving  rise  to a
19        prosecution under this Section, he took some  affirmative
20        action  or  made a bonafide inquiry designed to ascertain
21        whether the child was 18 years of age or  older  or  that
22        the  person  was  not  a  severely or profoundly mentally
23        retarded person and his reliance upon the information  so
24        obtained was clearly reasonable.
25             (2)  (Blank).
26             (3)  The charge of child pornography shall not apply
27        to  the performance of official duties by law enforcement
28        or prosecuting officers, court  personnel  or  attorneys,
29        nor  to  bonafide  treatment  or  professional  education
30        programs  conducted by licensed physicians, psychologists
31        or social workers.
32             (4)  Possession by the defendant of more than one of
33        the  same  film,  videotape  or  visual  reproduction  or
34        depiction by  computer  in  which  child  pornography  is
 
                            -25-     LRB093 03440 RLC 03466 b
 1        depicted  shall  raise  a rebuttable presumption that the
 2        defendant possessed such materials  with  the  intent  to
 3        disseminate them.
 4             (5)  The  charge of child pornography does not apply
 5        to a person who does  not  voluntarily  possess  a  film,
 6        videotape,   or   visual  reproduction  or  depiction  by
 7        computer  in  which  child   pornography   is   depicted.
 8        Possession   is  voluntary  if  the  defendant  knowingly
 9        procures  or  receives  a  film,  videotape,  or   visual
10        reproduction  or  depiction  for  a sufficient time to be
11        able to terminate his or her possession.
12             (6)  The charge of child pornography does not  apply
13        to  the  generation, depiction, or possession of computer
14        generated  images  that  are  not  depictions  of  actual
15        persons.
16        (c)  Violation of paragraph (1),  (4),  (5),  or  (7)  of
17    subsection  (a)  is a Class 1 felony with a mandatory minimum
18    fine of $2,000 and a maximum fine of $100,000.  Violation  of
19    paragraph  (3)  of  subsection (a) is a Class 1 felony with a
20    mandatory minimum  fine  of  $1500  and  a  maximum  fine  of
21    $100,000.   Violation of paragraph (2) of subsection (a) is a
22    Class 1 felony with a mandatory minimum fine of $1000  and  a
23    maximum  fine  of $100,000. Violation of paragraph (6) or (8)
24    of subsection (a) is  a  Class  3  felony  with  a  mandatory
25    minimum fine of $1000 and a maximum fine of $100,000.
26        (d)  If  a  person is convicted of a second or subsequent
27    violation  of  this  Section  within  10  years  of  a  prior
28    conviction, the court shall order a  presentence  psychiatric
29    examination  of the person.  The examiner shall report to the
30    court whether treatment of the person is necessary.
31        (e)  Any film, videotape,  photograph  or  other  similar
32    visual reproduction or depiction by computer which includes a
33    child  under  the  age  of  18  or  a  severely or profoundly
34    mentally retarded person engaged in any activity described in
 
                            -26-     LRB093 03440 RLC 03466 b
 1    subparagraphs (i) through (vii) or paragraph 1 of  subsection
 2    (a),  and  any material or equipment used or intended for use
 3    in photographing, filming, printing, producing,  reproducing,
 4    manufacturing, projecting, exhibiting, depiction by computer,
 5    or  disseminating such material shall be seized and forfeited
 6    in the manner, method and procedure provided by Section  36-1
 7    of  this  Code  for  the  seizure  and forfeiture of vessels,
 8    vehicles and aircraft.
 9        (e-5)  Upon the conclusion of a case brought  under  this
10    Section, the court shall seal all evidence depicting a victim
11    or  witness  that  is sexually explicit.  The evidence may be
12    unsealed and viewed, on a motion  of  the  party  seeking  to
13    unseal  and  view the evidence, only for good cause shown and
14    in the discretion of the court.  The  motion  must  expressly
15    set  forth the purpose for viewing the material.  The State's
16    attorney and the  victim,  if  possible,  shall  be  provided
17    reasonable notice of  the hearing on the motion to unseal the
18    evidence.   Any  person entitled to notice of a hearing under
19    this subsection (e-5) may object to the motion.
20        (f)  Definitions.  For the purposes of this Section:
21             (1)  "Disseminate" means (i)  to  sell,  distribute,
22        exchange  or transfer possession, whether with or without
23        consideration or (ii) to make  a  depiction  by  computer
24        available  for  distribution  or  downloading through the
25        facilities of any telecommunications network  or  through
26        any other means of transferring computer programs or data
27        to a computer.
28             (2)  "Produce"  means to direct, promote, advertise,
29        publish, manufacture, issue, present or show.
30             (3)  "Reproduce" means  to  make  a  duplication  or
31        copy.
32             (4)  "Depict  by  computer"  means  to  generate  or
33        create,  or  cause to be created or generated, a computer
34        program or data that, after being processed by a computer
 
                            -27-     LRB093 03440 RLC 03466 b
 1        either alone or in conjunction with one or more  computer
 2        programs,  results  in  a  visual depiction on a computer
 3        monitor, screen, or display.
 4             (5)  "Depiction  by  computer"  means   a   computer
 5        program or data that, after being processed by a computer
 6        either  alone or in conjunction with one or more computer
 7        programs, results in a visual  depiction  on  a  computer
 8        monitor, screen, or display.
 9             (6)  "Computer", "computer program", and "data" have
10        the  meanings  ascribed  to them in Section 16D-2 of this
11        Code.
12             (7)  "Child" includes a film, videotape, photograph,
13        or  other  similar  visual  medium  or  reproduction   or
14        depiction  by computer that is, or appears to be, that of
15        a person, either in part, or in total, under the  age  of
16        18,   regardless   of  the  method  by  which  the  film,
17        videotape, photograph, or other similar visual medium  or
18        reproduction   or   depiction  by  computer  is  created,
19        adopted, or modified to appear  as  such.   "Child"  also
20        includes  a film, videotape, photograph, or other similar
21        visual medium or reproduction or  depiction  by  computer
22        that  is  advertised,  promoted, presented, described, or
23        distributed in such a manner that conveys the  impression
24        that  the  film,  videotape, photograph, or other similar
25        visual medium or reproduction or depiction by computer is
26        of a person under the age of 18.
27             (8)  "Sexual penetration" and "sexual conduct"  have
28        the  meanings  ascribed  to them in Section 12-12 of this
29        Code.
30             (9)  "Child   erotica"   means    any    photograph,
31        videotape,  or  digital  image  in which the focus or the
32        concentration of the photograph,  videotape,  or  digital
33        image  is  the lewd or lascivious depiction or exhibition
34        of the child's clothed or unclothed genitals, the child's
 
                            -28-     LRB093 03440 RLC 03466 b
 1        pubic area, or, if the child is  a  female,  the  child's
 2        fully  or  partially  developed breast exposed or through
 3        transparent clothing.  The  following  factors  shall  be
 4        taken  into consideration in determining whether a visual
 5        depiction of a child constitutes  a  lewd  or  lascivious
 6        exhibition  of  the  genitals, pubic area, or breast: (i)
 7        whether the focal point of the visual depiction is on the
 8        child's genitalia, pubic area, or  breast;  (ii)  whether
 9        the   setting   of   the  visual  depiction  is  sexually
10        suggestive, i.e., in a place or pose generally associated
11        with sexual activity; (iii) whether the child is depicted
12        in  an  unnatural  pose,  or  in  inappropriate   attire,
13        considering  the age of the child; (iv) whether the child
14        is fully or partially clothed, or nude; (v)  whether  the
15        visual depiction suggests sexual coyness or a willingness
16        to  engage in sexual activity; or (vi) whether the visual
17        depiction is intended or  designed  to  elicit  a  sexual
18        response in the viewer.
19        (g)  Re-enactment; findings; purposes.
20             (1)  The General Assembly finds and declares that:
21                  (i)  Section   50-5   of   Public  Act  88-680,
22             effective  January  1,  1995,  contained  provisions
23             amending  the  child  pornography  statute,  Section
24             11-20.1 of the Criminal Code of 1961.  Section  50-5
25             also contained other provisions.
26                  (ii)  In   addition,   Public  Act  88-680  was
27             entitled "AN ACT  to  create  a  Safe  Neighborhoods
28             Law".   (A)  Article 5 was entitled JUVENILE JUSTICE
29             and amended the Juvenile Court  Act  of  1987.   (B)
30             Article  15  was  entitled GANGS and amended various
31             provisions of the Criminal  Code  of  1961  and  the
32             Unified  Code  of  Corrections.   (C) Article 20 was
33             entitled   ALCOHOL   ABUSE   and   amended   various
34             provisions  of  the  Illinois  Vehicle  Code.    (D)
 
                            -29-     LRB093 03440 RLC 03466 b
 1             Article  25  was entitled DRUG ABUSE and amended the
 2             Cannabis Control Act  and  the  Illinois  Controlled
 3             Substances Act. (E) Article 30 was entitled FIREARMS
 4             and  amended  the Criminal Code of 1961 and the Code
 5             of  Criminal  Procedure  of  1963.  (F)  Article  35
 6             amended the Criminal Code of  1961,  the  Rights  of
 7             Crime  Victims  and  Witnesses  Act, and the Unified
 8             Code of Corrections.  (G)  Article  40  amended  the
 9             Criminal  Code  of  1961 to increase the penalty for
10             compelling organization membership of  persons.  (H)
11             Article 45 created the Secure Residential Youth Care
12             Facility Licensing Act and amended the State Finance
13             Act,  the  Juvenile  Court  Act of 1987, the Unified
14             Code of Corrections, and  the  Private  Correctional
15             Facility Moratorium Act.  (I) Article 50 amended the
16             WIC   Vendor  Management  Act,  the  Firearm  Owners
17             Identification Card Act, the Juvenile Court  Act  of
18             1987,  the  Criminal  Code  of  1961,  the Wrongs to
19             Children Act, and the Unified Code of Corrections.
20                  (iii)  On  September  22,   1998,   the   Third
21             District  Appellate  Court  in People v. Dainty, 701
22             N.E. 2d 118, ruled that Public Act  88-680  violates
23             the   single   subject   clause   of   the  Illinois
24             Constitution (Article IV, Section  8  (d))  and  was
25             unconstitutional  in  its  entirety.  As of the time
26             this amendatory Act of 1999 was prepared, People  v.
27             Dainty was still subject to appeal.
28                  (iv)  Child  pornography  is a vital concern to
29             the people of this State and the validity of  future
30             prosecutions  under the child pornography statute of
31             the Criminal Code of 1961 is in grave doubt.
32             (2)  It is the purpose of  this  amendatory  Act  of
33        1999  to  prevent  or  minimize  any problems relating to
34        prosecutions for child pornography that may  result  from
 
                            -30-     LRB093 03440 RLC 03466 b
 1        challenges  to  the constitutional validity of Public Act
 2        88-680 by  re-enacting  the  Section  relating  to  child
 3        pornography that was included 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;
 8        it 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
11        existing text  (i.e., without underscoring)  because,  as
12        of  the  time  this  amendatory Act of 1999 was prepared,
13        People v. Dainty was subject to appeal  to  the  Illinois
14        Supreme Court.
15             (4)  The re-enactment by this amendatory Act of 1999
16        of  Section 11-20.1 of the Criminal Code of 1961 relating
17        to child pornography  that  was  amended  by  Public  Act
18        88-680  is  not  intended, and shall not be construed, to
19        imply that Public Act 88-680 is invalid or  to  limit  or
20        impair   any  legal  argument  concerning  whether  those
21        provisions were substantially re-enacted by other  Public
22        Acts.
23    (Source: P.A.  91-54,  eff.  6-30-99;  91-229,  eff.  1-1-00;
24    91-357,  eff.  7-29-99;  92-16,  eff.  6-28-01;  92-434, eff.
25    1-1-02; 92-827, eff. 8-22-02.)

26        (720 ILCS 5/11-21) (from Ch. 38, par. 11-21)
27        Sec. 11-21. Harmful material for a child.
28        (a)  Elements of the Offense.
29        A person who, with knowledge that a person  is  a  child,
30    that  is  a  person  under  18  years of age, or who fails to
31    exercise reasonable care in ascertaining the true  age  of  a
32    child, knowingly distributes to or sends or causes to be sent
33    to,  or  exhibits  to, or offers to distribute or exhibit any
 
                            -31-     LRB093 03440 RLC 03466 b
 1    harmful material to a child, is  guilty  of  distribution  of
 2    harmful  material for a child a misdemeanor.  For purposes of
 3    this Section, if the distribution of the harmful material  is
 4    by computer or other electronic means, a person is criminally
 5    liable  for  a  violation  of  this  Section  if  the harmful
 6    material is intentionally transmitted by  him  or  her  to  a
 7    specific  individual  actually believed by him or her to be a
 8    minor, and the specific minor is  the  intended  and  desired
 9    recipient of the harmful material.
10        (b)  Definitions.
11        (1)  Material  is harmful or obscene for children when it
12        is a  pornographic  written,  visual,  or  audio  matter,
13        judged  in  reference to the age group of children in the
14        intended and probable recipient audience, and if: (i) the
15        average adult  person,  applying  contemporary  community
16        standards, would find that the material, taken as a whole
17        and with respect to those children, appeals to a prurient
18        interest  in  nudity,  sex,  or  excretion;  and (ii) the
19        average adult  person,  applying  contemporary  community
20        standards,   would   find   that  the  material  depicts,
21        describes, or represents, in  a  patently  offensive  way
22        with  respect  to  what  is  suitable for those children,
23        ultimate sexual acts or sadomasochistic  sexual  acts  or
24        abuse,  whether normal or perverted, actual or simulated,
25        or masturbation, excretory functions, or lewd  exhibition
26        of  the  genitals, pubic area, buttocks, or post-pubertal
27        female breast; and (iii) a reasonable person  would  find
28        that  the  material,  taken  as  a  whole,  lacks serious
29        literary, artistic, political, or  scientific  value  for
30        those  children  in  the  intended and probable recipient
31        audience. Material is harmful if, to the average  person,
32        applying  contemporary standards, its predominant appeal,
33        taken as a whole, is to  prurient  interest,  that  is  a
34        shameful or morbid interest in nudity, sex, or excretion,
 
                            -32-     LRB093 03440 RLC 03466 b
 1        which  goes  substantially  beyond  customary  limits  of
 2        candor  in description or representation of such matters,
 3        and is material the redeeming social importance of  which
 4        is substantially less than its prurient appeal.
 5        (2)  Material, as used in this Section means any writing,
 6    picture, record or other representation or embodiment.
 7        (3)  Distribute  means to transfer possession of, whether
 8    with or without consideration.
 9        (4)  Knowingly, as used  in  this  section  means  having
10    general  knowledge  or awareness of the nature or contents of
11    the  subject  matter,  or  recklessly  failing  to   exercise
12    reasonable inspection which would have disclosed the contents
13    thereof.
14        (c)  Interpretation of Evidence.
15        The  predominant  appeal  to  prurient  interest  of  the
16    material  shall  be judged with reference to average children
17    of the same general age of the child to  whom  such  material
18    was  offered,  distributed,  sent  or  exhibited,  unless  it
19    appears from the nature of the matter or the circumstances of
20    its  dissemination,  distribution  or  exhibition  that it is
21    designed for specially susceptible groups, in which case  the
22    predominant  appeal  of  the  material  shall  be judged with
23    reference to its intended or probable recipient group.
24        In prosecutions under this section,  where  circumstances
25    of    production,    presentation,    sale,    dissemination,
26    distribution,  or  publicity  indicate  the material is being
27    commercially exploited for the sake of its  prurient  appeal,
28    such  evidence is probative with respect to the nature of the
29    material and can justify the conclusion  that  the  redeeming
30    social  importance  of  the material is in fact substantially
31    less than its prurient appeal.
32        (d)  Sentence.
33        Distribution of harmful material  in  violation  of  this
34    Section  is  a  Class  A  misdemeanor. A second or subsequent
 
                            -33-     LRB093 03440 RLC 03466 b
 1    offense is a Class 4 felony. If a person uses a  computer  to
 2    intentionally  distribute  harmful  material to a child or to
 3    send harmful material or cause harmful material to be sent to
 4    a child, or offers to distribute or send any harmful material
 5    for a child, he or she is guilty of a Class 4 felony.
 6        (e)  Affirmative Defenses.
 7        (1)  Nothing in this section shall  prohibit  any  public
 8    library  or any library operated by an accredited institution
 9    of higher education from circulating harmful material to  any
10    person under 18 years of age, provided such circulation is in
11    aid of a legitimate scientific or educational purpose, and it
12    shall  be  an  affirmative  defense  in any prosecution for a
13    violation of this section that the act charged was  committed
14    in aid of legitimate scientific or educational purposes.
15        (2)  Nothing  in  this  section shall prohibit any parent
16    from distributing to his child any harmful material.
17        (3)  Proof that the defendant  demanded,  was  shown  and
18    acted  in  reliance  upon  any  of the following documents as
19    proof of the age of a  child,  shall  be  a  defense  to  any
20    criminal prosecution under this section: A document issued by
21    the  federal  government  or  any  state, county or municipal
22    government or subdivision or agency thereof,  including,  but
23    not  limited  to,  a  motor  vehicle  operator's  license,  a
24    registration  certificate  issued under the Federal Selective
25    Service Act or an identification card issued to a  member  of
26    the armed forces.
27        (4)  In the event an advertisement of harmful material as
28    defined   in   this   section   culminates  in  the  sale  or
29    distribution of such  harmful  material  to  a  child,  under
30    circumstances  where  there  was no personal confrontation of
31    the child by the defendant, his employees or agents, as where
32    the  order  or  request  for  such   harmful   material   was
33    transmitted   by   mail,   telephone,  or  similar  means  of
34    communication, and delivery of such harmful material  to  the
 
                            -34-     LRB093 03440 RLC 03466 b
 1    child was by mail, freight, or similar means of transport, it
 2    shall be a defense in any prosecution for a violation of this
 3    section   that  the  advertisement  contained  the  following
 4    statement, or a statement substantially similar thereto,  and
 5    that  the defendant required the purchaser to certify that he
 6    was not under 18 years of age and that the purchaser  falsely
 7    stated  that he was not under 18 years of age: "NOTICE: It is
 8    unlawful for any person under 18 years of age to purchase the
 9    matter herein advertised. Any person under 18  years  of  age
10    who  falsely  states that he is not under 18 years of age for
11    the purpose of obtaining the material advertised  herein,  is
12    guilty  of  a Class B misdemeanor under the laws of the State
13    of Illinois."
14        (f)  Child Falsifying Age.
15        Any person under 18 years  of  age  who  falsely  states,
16    either  orally or in writing, that he is not under the age of
17    18 years, or  who  presents  or  offers  to  any  person  any
18    evidence  of  age and identity which is false or not actually
19    his own for the purpose of ordering, obtaining,  viewing,  or
20    otherwise  procuring  or  attempting  to  procure or view any
21    harmful material, is guilty of a Class B misdemeanor.
22    (Source: P.A. 77-2638.)

23        (720 ILCS 5/11-24 new)
24        Sec. 11-24. Child photography by sex offender.
25        (a)  In this Section:
26        "Child" means a person under 18 years of age.
27        "Child sex offender" has the meaning ascribed  to  it  in
28    Section 11-9.3 of this Code.
29        (b)  It   is   unlawful  for  a  child  sex  offender  to
30    knowingly:
31             (1)  conduct or operate  any  type  of  business  in
32        which  he  or  she  photographs,  videotapes,  or takes a
33        digital image of a child;
 
                            -35-     LRB093 03440 RLC 03466 b
 1             (2)  conduct or operate  any  type  of  business  in
 2        which  he  or  she instructs or directs another person to
 3        photograph, videotape, or  take  a  digital  image  of  a
 4        child;
 5             (3)  conduct  or  operate  any  type  of business in
 6        which he or she offers for sale a photograph,  videotape,
 7        computer  disk,  digital  image, or visual depiction of a
 8        child;
 9             (4)  solicit, induce, persuade, or entice a child to
10        pose for "child erotica" as defined in subsection (f)  of
11        Section 11-20.1 of this Code;
12             (5)  transport  a  child  or  cause  a  child  to be
13        transported in order  to  pose  for  "child  erotica"  as
14        defined  in  subsection  (f)  of  Section 11-20.1 of this
15        Code; or
16             (6)  arrange for  a  child  to  pose  for  a  "child
17        erotica"  as defined in subsection (f) of Section 11-20.1
18        of this Code.
19        (c)  Sentence. A violation of this Section is a  Class  2
20    felony.

21        Section   25.  The Unified Code of Corrections is amended
22    by changing Sections 5-4-3 and 5-9-1.7 as follows:

23        (730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
24        Sec. 5-4-3.  Persons convicted of,  or  found  delinquent
25    for,   certain  offenses  or  institutionalized  as  sexually
26    dangerous; specimens; genetic marker groups.
27        (a)  Any person convicted  of,  found  guilty  under  the
28    Juvenile Court Act of 1987 for, or who received a disposition
29    of  court supervision for, a qualifying offense or attempt of
30    a qualifying  offense,  convicted  or  found  guilty  of  any
31    offense  classified  as  a  felony  under Illinois law, found
32    guilty or given supervision for any offense classified  as  a
 
                            -36-     LRB093 03440 RLC 03466 b
 1    felony   under   the   Juvenile   Court   Act   of  1987,  or
 2    institutionalized as a sexually dangerous  person  under  the
 3    Sexually  Dangerous  Persons  Act, or committed as a sexually
 4    violent person under the Sexually Violent Persons  Commitment
 5    Act shall, regardless of the sentence or disposition imposed,
 6    be  required  to submit specimens of blood, saliva, or tissue
 7    to the Illinois Department of State Police in accordance with
 8    the provisions of this Section, provided such person is:
 9             (1)  convicted of a qualifying offense or attempt of
10        a qualifying offense on or after the  effective  date  of
11        this  amendatory  Act of 1989, and sentenced to a term of
12        imprisonment,  periodic  imprisonment,  fine,  probation,
13        conditional discharge or any other form of  sentence,  or
14        given a disposition of court supervision for the offense,
15        or
16             (1.5)  found  guilty  or given supervision under the
17        Juvenile Court Act of 1987 for a  qualifying  offense  or
18        attempt of a qualifying offense on or after the effective
19        date of this amendatory Act of 1996, or
20             (2)  ordered   institutionalized   as   a   sexually
21        dangerous  person  on or after the effective date of this
22        amendatory Act of 1989, or
23             (3)  convicted of a qualifying offense or attempt of
24        a qualifying offense before the effective  date  of  this
25        amendatory  Act  of  1989  and is presently confined as a
26        result of  such  conviction  in  any  State  correctional
27        facility  or  county  jail  or  is  presently  serving  a
28        sentence  of probation, conditional discharge or periodic
29        imprisonment as a result of such conviction, or
30             (3.5)  convicted or  found  guilty  of  any  offense
31        classified as a felony under Illinois law or found guilty
32        or  given  supervision  for  such  an  offense  under the
33        Juvenile Court Act of 1987 on or after the effective date
34        of this amendatory Act of the 92nd General Assembly, or
 
                            -37-     LRB093 03440 RLC 03466 b
 1             (4)  presently  institutionalized  as   a   sexually
 2        dangerous  person  or  presently  institutionalized  as a
 3        person found guilty but mentally ill of a sexual  offense
 4        or attempt to commit a sexual offense; or
 5             (4.5)  ordered   committed  as  a  sexually  violent
 6        person on or after the effective  date  of  the  Sexually
 7        Violent Persons Commitment Act; or
 8             (5)  seeking  transfer  to  or residency in Illinois
 9        under Sections 3-3-11.05 through 3-3-11.5 of the  Unified
10        Code  of Corrections and the Interstate Compact for Adult
11        Offenders Supervision or  the  Interstate  Agreements  on
12        Sexually Dangerous Persons Act.
13        Notwithstanding  other  provisions  of  this Section, any
14    person incarcerated in a facility of the Illinois  Department
15    of  Corrections  on  or  after  the  effective  date  of this
16    amendatory Act of the 92nd General Assembly shall be required
17    to submit a specimen of blood, saliva, or tissue prior to his
18    or her release on parole or mandatory supervised release,  as
19    a  condition  of  his  or  her parole or mandatory supervised
20    release.
21        (a-5)  Any person  who  was  otherwise  convicted  of  or
22    received  a  disposition  of  court supervision for any other
23    offense under the Criminal Code of  1961  or  who  was  found
24    guilty  or  given  supervision for such a violation under the
25    Juvenile Court Act of 1987, may, regardless of  the  sentence
26    imposed,  be  required  by  an  order  of the court to submit
27    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
28    Department of State Police in accordance with the  provisions
29    of this Section.
30        (b)  Any  person required by paragraphs (a)(1), (a)(1.5),
31    (a)(2), (a)(3.5), and (a-5) to provide  specimens  of  blood,
32    saliva,  or  tissue shall provide specimens of blood, saliva,
33    or tissue within 45 days after sentencing or disposition at a
34    collection site designated  by  the  Illinois  Department  of
 
                            -38-     LRB093 03440 RLC 03466 b
 1    State Police.
 2        (c)  Any  person  required  by paragraphs (a)(3), (a)(4),
 3    and (a)(4.5) to provide specimens of blood, saliva, or tissue
 4    shall be required to provide  such  samples  prior  to  final
 5    discharge, parole, or release at a collection site designated
 6    by the Illinois Department of State Police.
 7        (c-5)  Any person required by paragraph (a)(5) to provide
 8    specimens  of blood, saliva, or tissue shall, where feasible,
 9    be required to provide the specimens  before  being  accepted
10    for  conditioned  residency  in Illinois under the interstate
11    compact or agreement, but no later than 45 days after arrival
12    in this State.
13        (c-6)  The  Illinois  Department  of  State  Police   may
14    determine which type of specimen or specimens, blood, saliva,
15    or  tissue,  is  acceptable for submission to the Division of
16    Forensic Services for analysis.
17        (d)  The  Illinois  Department  of  State  Police   shall
18    provide  all  equipment  and  instructions  necessary for the
19    collection of blood samples.  The collection of samples shall
20    be  performed  in  a  medically  approved  manner.   Only   a
21    physician authorized to practice medicine, a registered nurse
22    or   other  qualified  person  trained  in  venipuncture  may
23    withdraw blood for the purposes of  this  Act.   The  samples
24    shall  thereafter  be forwarded to the Illinois Department of
25    State Police, Division of Forensic Services, for analysis and
26    categorizing into genetic marker groupings.
27        (d-1)  The Illinois  Department  of  State  Police  shall
28    provide  all  equipment  and  instructions  necessary for the
29    collection of  saliva  samples.   The  collection  of  saliva
30    samples  shall  be  performed in a medically approved manner.
31    Only a person trained in the instructions promulgated by  the
32    Illinois State Police on collecting saliva may collect saliva
33    for  the  purposes  of  this  Section.    The  samples  shall
34    thereafter  be  forwarded to the Illinois Department of State
 
                            -39-     LRB093 03440 RLC 03466 b
 1    Police, Division  of  Forensic  Services,  for  analysis  and
 2    categorizing into genetic marker groupings.
 3        (d-2)  The  Illinois  Department  of  State  Police shall
 4    provide all equipment  and  instructions  necessary  for  the
 5    collection  of  tissue  samples.   The  collection  of tissue
 6    samples shall be performed in a  medically  approved  manner.
 7    Only  a person trained in the instructions promulgated by the
 8    Illinois State Police on collecting tissue may collect tissue
 9    for  the  purposes  of  this  Section.   The  samples   shall
10    thereafter  be  forwarded to the Illinois Department of State
11    Police, Division  of  Forensic  Services,  for  analysis  and
12    categorizing into genetic marker groupings.
13        (d-5)  To  the  extent  that  funds  are  available,  the
14    Illinois  Department  of  State  Police  shall  contract with
15    qualified  personnel  and  certified  laboratories  for   the
16    collection, analysis, and categorization of known samples.
17        (e)  The  genetic marker groupings shall be maintained by
18    the Illinois Department of State Police, Division of Forensic
19    Services.
20        (f)  The genetic  marker  grouping  analysis  information
21    obtained pursuant to this Act shall be confidential and shall
22    be  released  only to peace officers of the United States, of
23    other states or territories, of the  insular  possessions  of
24    the  United  States,  of foreign countries duly authorized to
25    receive the same, to all  peace  officers  of  the  State  of
26    Illinois  and  to  all  prosecutorial  agencies.  The genetic
27    marker grouping analysis  information  obtained  pursuant  to
28    this  Act  shall  be  used only for (i) valid law enforcement
29    identification purposes and as required by the Federal Bureau
30    of  Investigation  for  participation  in  the  National  DNA
31    database   or   (ii)    technology    validation    purposes.
32    Notwithstanding   any   other   statutory  provision  to  the
33    contrary, all information obtained under this  Section  shall
34    be  maintained  in  a  single  State  data base, which may be
 
                            -40-     LRB093 03440 RLC 03466 b
 1    uploaded into a national database, and which information  may
 2    be  subject  to  expungement  only as set forth in subsection
 3    (f-1).
 4        (f-1)  Upon receipt of notification of a  reversal  of  a
 5    conviction based on actual innocence, or of the granting of a
 6    pardon  pursuant  to  Section 12 of Article V of the Illinois
 7    Constitution, if that  pardon  document  specifically  states
 8    that  the reason for the pardon is the actual innocence of an
 9    individual whose DNA record has been stored in the  State  or
10    national  DNA  identification  index  in accordance with this
11    Section by the Illinois Department of State Police,  the  DNA
12    record  shall  be expunged from the DNA identification index,
13    and the Department shall  by  rule  prescribe  procedures  to
14    ensure  that  the  record and any samples, analyses, or other
15    documents relating to such record, whether in the  possession
16    of the Department or any law enforcement or police agency, or
17    any  forensic  DNA  laboratory,  including  any duplicates or
18    copies thereof, are destroyed and a letter  is  sent  to  the
19    court verifying the expungement is completed.
20        (f-5)  Any  person  who intentionally uses genetic marker
21    grouping  analysis  information,  or  any  other  information
22    derived from a DNA sample,  beyond  the  authorized  uses  as
23    provided  under  this  Section, or any other Illinois law, is
24    guilty of a Class 4 felony, and shall be subject to a fine of
25    not less than $5,000.
26        (g)  For  the  purposes  of  this  Section,   "qualifying
27    offense" means any of the following:
28             (1)  Any  violation or inchoate violation of Section
29        11-6, 11-9.1, 11-11, 11-18.1,  12-15,  or  12-16  of  the
30        Criminal Code of 1961, or
31             (1.1)  Any   violation   or  inchoate  violation  of
32        Section 9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2,
33        18-3, 18-4, 19-1, or 19-2 of the Criminal  Code  of  1961
34        for which persons are convicted on or after July 1, 2001,
 
                            -41-     LRB093 03440 RLC 03466 b
 1        or
 2             (2)  Any  former statute of this State which defined
 3        a felony sexual offense, or
 4             (3)  Any violation of Section 11-6.1 of the Criminal
 5        Code of 1961 when the sentencing court, upon a motion  by
 6        the State's Attorney or Attorney General, makes a finding
 7        that  the child solicitation involved an intent to commit
 8        sexual  penetration  or  sexual  conduct  as  defined  in
 9        Section 12-12 of the Criminal Code of 1961 (Blank), or
10             (4)  Any  inchoate  violation  of   Section   9-3.1,
11        11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961.
12        (g-5)  (Blank).
13        (h)  The Illinois Department of State Police shall be the
14    State  central  repository  for  all  genetic marker grouping
15    analysis information obtained  pursuant  to  this  Act.   The
16    Illinois  Department of State Police may promulgate rules for
17    the form and manner of the collection of  blood,  saliva,  or
18    tissue samples and other procedures for the operation of this
19    Act.   The  provisions of the Administrative Review Law shall
20    apply to all actions taken under the rules so promulgated.
21        (i)  A person required to provide  a  blood,  saliva,  or
22    tissue  specimen  shall  cooperate with the collection of the
23    specimen and any deliberate act by that  person  intended  to
24    impede, delay or stop the collection of the blood, saliva, or
25    tissue specimen is a Class A misdemeanor.
26        (j)  Any  person  required  by  subsection  (a) to submit
27    specimens  of  blood,  saliva,  or  tissue  to  the  Illinois
28    Department of State Police for  analysis  and  categorization
29    into  genetic  marker  grouping,  in  addition  to  any other
30    disposition, penalty, or fine imposed, shall pay an  analysis
31    fee  of $200.  If the analysis fee is not paid at the time of
32    sentencing, the court shall establish a fee schedule by which
33    the entire amount of the analysis fee shall be paid in  full,
34    such  schedule  not  to  exceed  24  months  from the time of
 
                            -42-     LRB093 03440 RLC 03466 b
 1    conviction.  The inability to pay this analysis fee shall not
 2    be the sole ground to incarcerate the person.
 3        (k)  All analysis and categorization fees provided for by
 4    subsection (j) shall be regulated as follows:
 5             (1)  The State Offender  DNA  Identification  System
 6        Fund  is  hereby  created  as a special fund in the State
 7        Treasury.
 8             (2)  All fees shall be collected by the clerk of the
 9        court  and  forwarded   to   the   State   Offender   DNA
10        Identification System Fund for deposit.  The clerk of the
11        circuit  court  may  retain  the  amount of $10 from each
12        collected analysis fee  to  offset  administrative  costs
13        incurred  in  carrying  out  the clerk's responsibilities
14        under this Section.
15             (3)  Fees deposited  into  the  State  Offender  DNA
16        Identification  System  Fund  shall  be  used by Illinois
17        State Police crime  laboratories  as  designated  by  the
18        Director  of  State  Police.   These  funds  shall  be in
19        addition to any allocations  made  pursuant  to  existing
20        laws  and  shall  be  designated for the exclusive use of
21        State crime laboratories.  These uses  may  include,  but
22        are not limited to, the following:
23                  (A)  Costs  incurred  in providing analysis and
24             genetic  marker  categorization   as   required   by
25             subsection (d).
26                  (B)  Costs   incurred  in  maintaining  genetic
27             marker groupings as required by subsection (e).
28                  (C)  Costs  incurred  in   the   purchase   and
29             maintenance  of  equipment  for  use  in  performing
30             analyses.
31                  (D)  Costs  incurred in continuing research and
32             development  of  new  techniques  for  analysis  and
33             genetic marker categorization.
34                  (E)  Costs incurred  in  continuing  education,
 
                            -43-     LRB093 03440 RLC 03466 b
 1             training,  and  professional development of forensic
 2             scientists regularly employed by these laboratories.
 3        (l)  The failure of a person to provide a specimen, or of
 4    any person or agency to collect a specimen, within the 45 day
 5    period shall in no way alter the obligation of the person  to
 6    submit  such  specimen,  or  the  authority  of  the Illinois
 7    Department of State  Police  or  persons  designated  by  the
 8    Department  to  collect the specimen, or the authority of the
 9    Illinois Department of State Police to  accept,  analyze  and
10    maintain  the  specimen  or  to maintain or upload results of
11    genetic marker grouping analysis information into a State  or
12    national database.
13    (Source: P.A.  91-528,  eff.  1-1-00;  92-16,  eff.  6-28-01;
14    92-40,  eff.  6-29-01;  92-571,  eff.  6-26-02;  92-600, eff.
15    6-28-02; 92-829, eff. 8-22-02; revised 9-19-02.)

16        (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7)
17        Sec. 5-9-1.7.  Sexual assault fines.
18        (a)  Definitions. The terms used in  this  Section  shall
19    have the following meanings ascribed to them:
20             (1)  "Sexual   assault"   means  the  commission  or
21        attempted commission of the  following:  criminal  sexual
22        assault,  predatory  criminal  sexual assault of a child,
23        aggravated  criminal  sexual  assault,  criminal   sexual
24        abuse,   aggravated   criminal   sexual  abuse,  indecent
25        solicitation  of  a  child,  public   indecency,   sexual
26        relations  within  families,  soliciting  for  a juvenile
27        prostitute, keeping a  place  of  juvenile  prostitution,
28        patronizing  a  juvenile  prostitute,  juvenile  pimping,
29        exploitation of a child, obscenity, child pornography, or
30        harmful  material  for  a  child,  as  those offenses are
31        defined in the Criminal Code of 1961.
32             (2)  "Family member" shall have the meaning ascribed
33        to it in Section 12-12 of the Criminal Code of 1961.
 
                            -44-     LRB093 03440 RLC 03466 b
 1             (3)  "Sexual   assault   organization"   means   any
 2        not-for-profit  organization   providing   comprehensive,
 3        community-based  services  to  victims of sexual assault.
 4        "Community-based services" include, but are  not  limited
 5        to,   direct   crisis   intervention  through  a  24-hour
 6        response,  medical  and   legal   advocacy,   counseling,
 7        information   and   referral   services,   training,  and
 8        community education.
 9        (b)  Sexual assault fine; collection by clerk.
10             (1)  In addition to any  other  penalty  imposed,  a
11        fine  of $100 shall be imposed upon any person who pleads
12        guilty  or  who  is  convicted  of,  or  who  receives  a
13        disposition of court supervision for, a sexual assault or
14        attempt of a sexual assault.  Upon request of the  victim
15        or the victim's representative, the court shall determine
16        whether  the  fine  will  impose  an  undue burden on the
17        victim of the offense.  For purposes of  this  paragraph,
18        the   defendant   may  not  be  considered  the  victim's
19        representative.  If the court finds that the  fine  would
20        impose  an  undue  burden  on  the  victim, the court may
21        reduce or waive the fine.  The court shall order that the
22        defendant may not  use  funds  belonging  solely  to  the
23        victim of the offense for payment of the fine.
24             (2)  Sexual  assault  fines shall be assessed by the
25        court imposing the sentence and shall be collected by the
26        circuit clerk.  The circuit clerk shall retain 10% of the
27        penalty to cover the costs involved in administering  and
28        enforcing  this  Section.   The circuit clerk shall remit
29        the remainder of  each  fine  within  one  month  of  its
30        receipt to the State Treasurer for deposit as follows:
31                  (i)  for  family  member offenders, one-half to
32             the Sexual Assault Services Fund,  and  one-half  to
33             the Domestic Violence Shelter and Service Fund; and
34                  (ii)  for  other  than family member offenders,
 
                            -45-     LRB093 03440 RLC 03466 b
 1             the full amount to the Sexual Assault Services Fund.
 2        (c)  Sexual Assault Services Fund; administration.  There
 3    is created a Sexual Assault Services Fund.  Moneys  deposited
 4    into the Fund under this Section shall be appropriated to the
 5    Department  of  Public  Health.  Upon appropriation of moneys
 6    from the Sexual Assault  Services  Fund,  the  Department  of
 7    Public Health shall make grants of these moneys from the Fund
 8    to  sexual assault organizations with whom the Department has
 9    contracts  for  the  purpose  of  providing   community-based
10    services to victims of sexual assault. Grants made under this
11    Section  are  in  addition  to,  and are not substitutes for,
12    other grants authorized and made by the Department.
13    (Source: P.A. 88-45;  89-428,  eff.  12-13-95;  89-462,  eff.
14    5-29-96.)

15        Section 30.  The Sex Offender Registration Act is amended
16    by changing Section 2 as follows:

17        (730 ILCS 150/2) (from Ch. 38, par. 222)
18        Sec. 2.  Definitions.
19        (A)  As  used  in  this Article, "sex offender" means any
20    person who is:
21             (1)  charged  pursuant  to  Illinois  law,  or   any
22        substantially  similar  federal, Uniform Code of Military
23        Justice, sister state, or foreign country law, with a sex
24        offense set forth in subsection (B) of  this  Section  or
25        the attempt to commit an included sex offense, and:
26                  (a)  is convicted of such offense or an attempt
27             to commit such offense; or
28                  (b)  is  found not guilty by reason of insanity
29             of  such  offense  or  an  attempt  to  commit  such
30             offense; or
31                  (c)  is found not guilty by reason of  insanity
32             pursuant   to  Section  104-25(c)  of  the  Code  of
 
                            -46-     LRB093 03440 RLC 03466 b
 1             Criminal Procedure of 1963 of  such  offense  or  an
 2             attempt to commit such offense; or
 3                  (d)  is  the subject of a finding not resulting
 4             in an acquittal at a hearing conducted  pursuant  to
 5             Section  104-25(a) of the Code of Criminal Procedure
 6             of 1963 for  the  alleged  commission  or  attempted
 7             commission of such offense; or
 8                  (e)  is  found not guilty by reason of insanity
 9             following a hearing conducted pursuant to a federal,
10             Uniform Code of Military Justice, sister  state,  or
11             foreign country law substantially similar to Section
12             104-25(c)  of the Code of Criminal Procedure of 1963
13             of such offense or of the  attempted  commission  of
14             such offense; or
15                  (f)  is  the subject of a finding not resulting
16             in an acquittal at a hearing conducted pursuant to a
17             federal, Uniform Code of  Military  Justice,  sister
18             state,  or foreign country law substantially similar
19             to  Section  104-25(a)  of  the  Code  of   Criminal
20             Procedure  of  1963  for  the  alleged  violation or
21             attempted commission of such offense; or
22             (2)  certified  as  a  sexually   dangerous   person
23        pursuant  to the Illinois Sexually Dangerous Persons Act,
24        or any substantially similar  federal,  Uniform  Code  of
25        Military  Justice,  sister state, or foreign country law;
26        or
27             (3)  subject to the provisions of Section 2  of  the
28        Interstate  Agreements on Sexually Dangerous Persons Act;
29        or
30             (4)  found to be a sexually violent person  pursuant
31        to  the  Sexually  Violent  Persons Commitment Act or any
32        substantially similar federal, Uniform Code  of  Military
33        Justice, sister state, or foreign country law; or
34             (5)  adjudicated a juvenile delinquent as the result
 
                            -47-     LRB093 03440 RLC 03466 b
 1        of  committing  or  attempting to commit an act which, if
 2        committed by  an  adult,  would  constitute  any  of  the
 3        offenses  specified  in  item  (B), (C), or (C-5) of this
 4        Section or  a  violation  of  any  substantially  similar
 5        federal,  Uniform Code of Military Justice, sister state,
 6        or foreign country law, or found guilty under  Article  V
 7        of  the  Juvenile  Court  Act  of  1987  of committing or
 8        attempting to commit an act which,  if  committed  by  an
 9        adult,  would constitute any of the offenses specified in
10        item (B), (C), or (C-5) of this Section or a violation of
11        any  substantially  similar  federal,  Uniform  Code   of
12        Military Justice, sister state, or foreign country law.
13        Convictions  that  result  from or are connected with the
14    same act, or result from offenses committed at the same time,
15    shall be counted for the  purpose  of  this  Article  as  one
16    conviction.   Any conviction set aside pursuant to law is not
17    a conviction for purposes of this Article.
18         For purposes of this Section, "convicted" shall have the
19    same meaning as "adjudicated".
20        (B)  As used in this Article, "sex offense" means:
21             (1)  A violation of any of the following Sections of
22        the Criminal Code of 1961:
23                  11-20.1 (child pornography),
24                  11-6 (indecent solicitation of a child),
25                  11-6.1 (illegal solicitation of a child),
26                  11-9.1 (sexual exploitation of a child),
27                  11-15.1 (soliciting for a juvenile prostitute),
28                  11-18.1 (patronizing a juvenile prostitute),
29                  11-17.1   (keeping   a   place   of    juvenile
30             prostitution),
31                  11-19.1 (juvenile pimping),
32                  11-19.2 (exploitation of a child),
33                  12-13 (criminal sexual assault),
34                  12-14 (aggravated criminal sexual assault),
 
                            -48-     LRB093 03440 RLC 03466 b
 1                  12-14.1 (predatory criminal sexual assault of a
 2             child),
 3                  12-15 (criminal sexual abuse),
 4                  12-16 (aggravated criminal sexual abuse),
 5                  12-33 (ritualized abuse of a child).
 6                  An attempt to commit any of these offenses.
 7             (1.5)  A  violation of any of the following Sections
 8        of the Criminal Code of 1961, when the victim is a person
 9        under 18 years of age, the defendant is not a  parent  of
10        the  victim,  and  the  offense was committed on or after
11        January 1, 1996:
12                  10-1 (kidnapping),
13                  10-2 (aggravated kidnapping),
14                  10-3 (unlawful restraint),
15                  10-3.1 (aggravated unlawful restraint).
16                  An attempt to commit any of these offenses.
17             (1.6)  First degree murder under Section 9-1 of  the
18        Criminal Code of 1961, when the victim was a person under
19        18  years  of age, the defendant was at least 17 years of
20        age at the time of the commission of the offense, and the
21        offense was committed on or after June 1, 1996.
22             (1.7)  (Blank).
23             (1.8)  A violation or attempted violation of Section
24        11-11 (sexual relations within families) of the  Criminal
25        Code  of  1961, and the offense was committed on or after
26        June 1, 1997.
27             (1.9)   Child  abduction  under  paragraph  (10)  of
28        subsection (b) of Section 10-5 of the  Criminal  Code  of
29        1961  committed  by  luring or attempting to lure a child
30        under the age of 16 into a motor vehicle, building, house
31        trailer, or dwelling place without  the  consent  of  the
32        parent  or lawful custodian of the child for other than a
33        lawful purpose and the offense was committed on or  after
34        January 1, 1998.
 
                            -49-     LRB093 03440 RLC 03466 b
 1             (1.10)  A violation or attempted violation of any of
 2        the following Sections of the Criminal Code of 1961  when
 3        the offense was committed on or after July 1, 1999:
 4                  10-4  (forcible  detention,  if  the  victim is
 5             under 18 years of age),
 6                  11-6.5  (indecent solicitation of an adult),
 7                  11-15  (soliciting for  a  prostitute,  if  the
 8             victim is under 18 years of age),
 9                  11-16  (pandering,  if  the  victim is under 18
10             years of age),
11                  11-18  (patronizing a prostitute, if the victim
12             is under 18 years of age),
13                  11-19  (pimping, if  the  victim  is  under  18
14             years of age).
15             (1.11)  A violation or attempted violation of any of
16        the  following Sections of the Criminal Code of 1961 when
17        the offense was committed on or after the effective  date
18        of this amendatory Act of the 92nd General Assembly:
19                  11-9  (public   indecency   for   a   third  or
20             subsequent conviction),
21                  11-9.2  (custodial sexual misconduct).
22             (1.12)  A  violation  or  attempted   violation   of
23        Section  5.1  of  the  Wrongs to Children Act (permitting
24        sexual abuse) when the offense was committed on or  after
25        the  effective  date  of  this amendatory Act of the 92nd
26        General Assembly.
27             (2)  A violation of any former  law  of  this  State
28        substantially   equivalent   to  any  offense  listed  in
29        subsection (B) of this Section.
30        (C)  A conviction for an offense of federal law,  Uniform
31    Code  of  Military  Justice, or the law of another state or a
32    foreign country  that  is  substantially  equivalent  to  any
33    offense  listed  in  subsections  (B),  (C),  and (E) of this
34    Section shall constitute a conviction for the purpose of this
 
                            -50-     LRB093 03440 RLC 03466 b
 1    Article.  A finding or adjudication as a  sexually  dangerous
 2    person  or  a  sexually violent person under any federal law,
 3    Uniform Code of Military Justice, or the law of another state
 4    or foreign country that is substantially  equivalent  to  the
 5    Sexually  Dangerous  Persons  Act  or  the  Sexually  Violent
 6    Persons  Commitment  Act shall constitute an adjudication for
 7    the purposes of this Article.
 8        (C-5)  A person at least 17 years of age at the  time  of
 9    the  commission  of  the  offense  who  is convicted of first
10    degree murder under Section 9-1 of the Criminal Code of 1961,
11    committed on or after June 1, 1996 against a person under  18
12    years of age, shall be required to register for natural life.
13    A  conviction  for  an  offense  of  federal, Uniform Code of
14    Military Justice, sister state, or foreign country  law  that
15    is   substantially   equivalent  to  any  offense  listed  in
16    subsection  (C-5)  of  this  Section   shall   constitute   a
17    conviction for the purpose of this Article.
18        (D)  As  used  in  this  Article, "law enforcement agency
19    having jurisdiction" means the Chief of Police in each of the
20    municipalities in which the sex offender expects  to  reside,
21    work,  or attend school (1) upon his or her discharge, parole
22    or release or (2) during the service of his or  her  sentence
23    of  probation or conditional discharge, or the Sheriff of the
24    county, in the  event  no  Police  Chief  exists  or  if  the
25    offender  intends  to  reside,  work,  or attend school in an
26    unincorporated  area.    "Law   enforcement   agency   having
27    jurisdiction"   includes   the  location  where  out-of-state
28    students attend school and where out-of-state  employees  are
29    employed or are otherwise required to register.
30        (E)  As used in this Article, "sexual predator" means any
31    person who, after July 1, 1999, is:
32             (1)  Convicted  for  an  offense of federal, Uniform
33        Code  of  Military  Justice,  sister  state,  or  foreign
34        country law  that  is  substantially  equivalent  to  any
 
                            -51-     LRB093 03440 RLC 03466 b
 1        offense  listed  in  subsection (E) of this Section shall
 2        constitute a conviction for the purpose of this  Article.
 3        Convicted of a violation or attempted violation of any of
 4        the  following  Sections of the Criminal Code of 1961, if
 5        the conviction occurred after July 1, 1999:
 6                  11-17.1  (keeping   a   place    of    juvenile
 7             prostitution),
 8                  11-19.1  (juvenile pimping),
 9                  11-19.2  (exploitation of a child),
10                  11-20.1  (child pornography),
11                  12-13  (criminal  sexual assault, if the victim
12             is a person under 12 years of age),
13                  12-14  (aggravated criminal sexual assault),
14                  12-14.1  (predatory criminal sexual assault  of
15             a child),
16                  12-16  (aggravated criminal sexual abuse),
17                  12-33  (ritualized abuse of a child); or
18             (2)  convicted  of first degree murder under Section
19        9-1 of the Criminal Code of 1961, when the victim  was  a
20        person  under  18  years  of age and the defendant was at
21        least 17 years of age at the time of  the  commission  of
22        the offense; or
23             (3)  certified   as   a  sexually  dangerous  person
24        pursuant to the Sexually Dangerous  Persons  Act  or  any
25        substantially  similar  federal, Uniform Code of Military
26        Justice, sister state, or foreign country law; or
27             (4)  found to be a sexually violent person  pursuant
28        to  the  Sexually  Violent  Persons Commitment Act or any
29        substantially similar federal, Uniform Code  of  Military
30        Justice, sister state, or foreign country law; or
31             (5)  convicted  of  a  second  or subsequent offense
32        which requires registration pursuant to  this  Act.   The
33        conviction for the second or subsequent offense must have
34        occurred  after  July  1,  1999.   For  purposes  of this
 
                            -52-     LRB093 03440 RLC 03466 b
 1        paragraph (5), "convicted"  shall  include  a  conviction
 2        under   any   substantially  similar  Illinois,  federal,
 3        Uniform  Code  of  Military  Justice,  sister  state,  or
 4        foreign country law.
 5        (F)  As used  in  this  Article,  "out-of-state  student"
 6    means any sex offender, as defined in this Section, or sexual
 7    predator  who  is  enrolled  in  Illinois,  on a full-time or
 8    part-time  basis,  in  any  public  or  private   educational
 9    institution,  including,  but  not  limited to, any secondary
10    school, trade or professional institution, or institution  of
11    higher learning.
12        (G)  As  used  in  this  Article, "out-of-state employee"
13    means any sex offender, as defined in this Section, or sexual
14    predator who works in Illinois,  regardless  of  whether  the
15    individual  receives  payment  for  services performed, for a
16    period of time of 10 or more days or for an aggregate  period
17    of time of 30 or more days during any calendar year.  Persons
18    who  operate  motor  vehicles  in the State accrue one day of
19    employment time for any portion of a day spent in Illinois.
20    (Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.
 
                            -53-     LRB093 03440 RLC 03466 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    20 ILCS 2605/2605-560 new
 4    20 ILCS 4026/10
 5    30 ILCS 105/5.595 new
 6    720 ILCS 5/10-7           from Ch. 38, par. 10-7
 7    720 ILCS 5/11-6.1 new
 8    720 ILCS 5/11-9.3
 9    720 ILCS 5/11-9.4
10    720 ILCS 5/11-20.1        from Ch. 38, par. 11-20.1
11    720 ILCS 5/11-21          from Ch. 38, par. 11-21
12    720 ILCS 5/11-24 new
13    730 ILCS 5/5-4-3          from Ch. 38, par. 1005-4-3
14    730 ILCS 5/5-9-1.7        from Ch. 38, par. 1005-9-1.7
15    730 ILCS 150/2            from Ch. 38, par. 222