SB0100 95TH GENERAL ASSEMBLY

LRB095 03581 DRJ 24845 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB0100

Introduced 1/31/2007, by Sen. John J. Cullerton

SYNOPSIS AS INTRODUCED:

See Index

Amends the Criminal Code of 1961 and certain other Acts. Moves, adds, deletes, repeals, and changes certain provisions. Adds or changes mental states for certain offenses. Changes certain statutory evidence presumptions to permissive inferences. Repeals various Acts, adds certain provisions from those Acts to the Criminal Code of 1961 and the Consumer Fraud and Deceptive Business Practices Act, and creates the Controlled Substances Registration and Hypodermic Syringes and Needles Law, the Grain Coloring Law, the Unauthorized Sale of Certain Plants Law, the Mandatory Life Sentence Law, the Civil Liability for Certain Sex Offenses Law, the Defacing or Removing Identification Marks and Unlawful Sale of Household Appliances Law, the Odometer or Hour Meter Fraud Law, the Installation of Object in Lieu of Air Bag Law, the Fraudulent Sale of Publications Law, the Fraudulent Repair of Fire Extinguisher or Related Equipment Law, the Fraudulent Advertisements Law, the Taxpreparer Information Disclosure Law, the Auction Sales Sign Law, and the Sale of Yo-yo Waterballs Law. Makes other changes. Contains a severability clause and savings provisions. Effective January 1, 2008 if confirmed by joint resolution.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

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

ARTICLE 5.

Section 5-1. Short title. This Article may be cited as the Controlled Substances Registration and Hypodermic Syringes and Needles Law. References in this Article to "this Act" mean this Article.

Section 5-301. Rules; fees. The Department of Financial and Professional Regulation shall promulgate rules and charge reasonable fees and fines relating to the registration and control of the manufacture, distribution, and dispensing of controlled substances within this State. All moneys received by the Department of Financial and Professional Regulation under this Act shall be deposited into the respective professional dedicated funds in like manner as the primary professional licenses.

Section 5-302. Registration required for manufacture, distribution and dispensing.

(a) Every person who manufactures, distributes, or dispenses any controlled substances, or engages in chemical analysis, and instructional activities which utilize controlled substances, or who purchases, stores, or administers euthanasia drugs, within this State or who proposes to engage in the manufacture, distribution, or dispensing of any controlled substance, or to engage in chemical analysis, and instructional activities which utilize controlled substances, or to engage in purchasing, storing, or administering euthanasia drugs, within this State, must obtain a registration issued by the Department of Financial and Professional Regulation in accordance with its rules. The rules shall include, but not be limited to, setting the expiration date and renewal period for each registration under this Act. The Department, and any facility or service licensed by the Department, shall be exempt from the regulation requirements of this Section.

(b) Persons registered by the Department of Financial and Professional Regulation under this Act to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, may possess, manufacture, distribute, or dispense those substances, or purchase, store, or administer euthanasia drugs, to the extent authorized by their registration and in conformity with the other provisions of this Article.

(c) The following persons need not register and may lawfully possess controlled substances under this Act:

(1) an agent or employee of any registered manufacturer, distributor, or dispenser of any controlled substance if he is acting in the usual course of his employer's lawful business or employment;

(2) a common or contract carrier or warehouseman, or an agent or employee thereof, whose possession of any controlled substance is in the usual lawful course of such business or employment;

(3) an ultimate user or a person in possession of any controlled substance pursuant to a lawful prescription of a practitioner or in lawful possession of a Schedule V substance;

(4) officers and employees of this State or of the United States while acting in the lawful course of their official duties which requires possession of controlled substances;

(5) a registered pharmacist who is employed in, or the owner of, a pharmacy licensed under this Act and the Federal Controlled Substances Act, at the licensed location, or if he is acting in the usual course of his lawful profession, business, or employment.

(d) A separate registration is required at each place of business or professional practice where the applicant manufactures, distributes, or dispenses controlled substances, or purchases, stores, or administers euthanasia drugs. Persons are required to obtain a separate registration for each place of business or professional practice where controlled substances are located or stored. A separate registration is not required for every location at which a controlled substance may be prescribed.

(e) The Department of Financial and Professional Regulation or the Department of State Police may inspect the controlled premises, as defined in Section 47.10-419 of the Criminal Code of 1961, of a registrant or applicant for registration in accordance with this Act and the rules promulgated hereunder and with regard to persons licensed by the Department, in accordance with subsection (bb) of Section 30-5 of the Alcoholism and Other Drug Abuse and Dependency Act and the rules and regulations promulgated thereunder.

Section 5-303. Applicant to be registered unless inconsistent with public interest; limitations; fee.

(a) The Department of Financial and Professional Regulation shall license an applicant to manufacture, distribute or dispense controlled substances included in Sections 47.10-204, 47.10-206, 47.10-208, 47.10-210, and 47.10-212 of the Criminal Code of 1961 or purchase, store, or administer euthanasia drugs unless it determines that the issuance of that license would be inconsistent with the public interest. In determining the public interest, the Department of Financial and Professional Regulation shall consider the following:

(1) maintenance of effective controls against diversion of controlled substances into other than lawful medical, scientific, or industrial channels;

(2) compliance with applicable Federal, State and local law;

(3) any convictions of the applicant under any law of the United States or of any State relating to any controlled substance;

(4) past experience in the manufacture or distribution of controlled substances, and the existence in the applicant's establishment of effective controls against diversion;

(5) furnishing by the applicant of false or fraudulent material in any application filed under this Act;

(6) suspension or revocation of the applicant's Federal registration to manufacture, distribute, or dispense controlled substances, or purchase, store, or administer euthanasia drugs, as authorized by Federal law;

(7) whether the applicant is suitably equipped with the facilities appropriate to carry on the operation described in his application;

(8) whether the applicant is of good moral character or, if the applicant is a partnership, association, corporation or other organization, whether the partners, directors, governing committee and managing officers are of good moral character;

(9) any other factors relevant to and consistent with the public health and safety; and

(10) evidence from court, medical disciplinary and pharmacy board records and those of State and Federal investigatory bodies that the applicant has not or does not prescribe controlled substances within the provisions of this Act.

(b) No license shall be granted to or renewed for any person who has within 5 years been convicted of a wilful violation of any law of the United States or any law of any State relating to controlled substances, or who is found to be deficient in any of the matters enumerated in subsections (a)(1) through (a)(8).

(c) Licensure under subsection (a) does not entitle a registrant to manufacture, distribute or dispense controlled substances in Schedules I or II other than those specified in the registration.

(d) Practitioners who are licensed to dispense any controlled substances in Schedules II through V are authorized to conduct instructional activities with controlled substances in Schedules II through V under the law of this State.

(e) If an applicant for registration is registered under the Federal law to manufacture, distribute or dispense controlled substances, or purchase, store, or administer euthanasia drugs, upon filing a completed application for licensure in this State and payment of all fees due hereunder, he shall be licensed in this State to the same extent as his Federal registration, unless, within 30 days after completing his application in this State, the Department of Financial and Professional Regulation notifies the applicant that his application has not been granted. A practitioner who is in compliance with the Federal law with respect to registration to dispense controlled substances in Schedules II through V need only send a current copy of that Federal registration to the Department of Financial and Professional Regulation and he shall be deemed in compliance with the registration provisions of this State.

(e-5) Beginning July 1, 2003, all of the fees and fines collected under this Section 5-303 shall be deposited into the Illinois State Pharmacy Disciplinary Fund.

(f) The fee for registration as a manufacturer or wholesale distributor of controlled substances shall be $50.00 per year, except that the fee for registration as a manufacturer or wholesale distributor of controlled substances that may be dispensed without a prescription under this Act shall be $15.00 per year. The expiration date and renewal period for each controlled substance license issued under this Act shall be set by rule.

Section 5-303.05. Mid-level practitioner registration.

(a) The Department of Financial and Professional Regulation shall register licensed physician assistants and licensed advanced practice nurses to prescribe and dispense Schedule III, IV, or V controlled substances under Section 5-303 and euthanasia agencies to purchase, store, or administer euthanasia drugs under the following circumstances:

(1) with respect to physician assistants or advanced practice nurses,

(A) the physician assistant or advanced practice nurse has been delegated prescriptive authority by a physician licensed to practice medicine in all its branches in accordance with Section 7.5 of the Physician Assistant Practice Act of 1987 or Section 15-20 of the Nursing and Advanced Practice Nursing Act; and

(B) the physician assistant or advanced practice nurse has completed the appropriate application forms and has paid the required fees as set by rule; or

(2) with respect to euthanasia agencies, the euthanasia agency has obtained a license from the Department of Financial and Professional Regulation and obtained a registration number from the Department.

(b) The mid-level practitioner shall only be licensed to prescribe those schedules of controlled substances for which a licensed physician has delegated prescriptive authority, except that a euthanasia agency does not have any prescriptive authority.

(c) Upon completion of all registration requirements, physician assistants, advanced practice nurses, and euthanasia agencies shall be issued a mid-level practitioner controlled substances license for Illinois.

Section 5-303.1. Checks not honored for insufficient funds; fee; lapse of registration. Any person who delivers a check or other payment to the Department of Financial and Professional Regulation that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. If the check or other payment was for a renewal or issuance fee and that person practices without paying the renewal fee or issuance fee and the fine due, an additional fine of $100 shall be imposed. The fines imposed by this Section are in addition to any other discipline provided under this Act for unlicensed practice or practice on a nonrenewed license. The Department of Financial and Professional Regulation shall notify the person that payment of fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person has failed to submit the necessary remittance, the Department of Financial and Professional Regulation shall automatically terminate the license or certificate or deny the application, without hearing. If, after termination or denial, the person seeks a license or certificate, he or she shall apply to the Department for restoration or issuance of the license or certificate and pay all fees and fines due to the Department. The Department of Financial and Professional Regulation may establish a fee for the processing of an application for restoration of a license or certificate to pay all expenses of processing this application. The Director may waive the fines due under this Section in individual cases where the Director finds that the fines would be unreasonable or unnecessarily burdensome.

Section 5-304. Suspension or revocation of registration.

(a) A registration under Section 5-303 to manufacture, distribute, or dispense a controlled substance or purchase, store, or administer euthanasia drugs may be suspended or revoked by the Department of Financial and Professional Regulation upon a finding that the registrant:

(1) has furnished any false or fraudulent material information in any application filed under this Act; or

(2) has been convicted of a felony under any law of the United States or any State relating to any controlled substance; or

(3) has had suspended or revoked his Federal registration to manufacture, distribute, or dispense controlled substances or purchase, store, or administer euthanasia drugs; or

(4) has been convicted of bribery, perjury, or other infamous crime under the laws of the United States or of any State; or

(5) has violated any provision of this Act or any rules promulgated hereunder, or any provision of the Methamphetamine Precursor Control Act or rules promulgated thereunder, whether or not he has been convicted of such violation; or

(6) has failed to provide effective controls against the diversion of controlled substances in other than legitimate medical, scientific or industrial channels.

(b) The Department of Financial and Professional Regulation may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.

(c) The Department of Financial and Professional Regulation shall promptly notify the Administration, the Department and the Department of State Police or their successor agencies, of all orders denying, suspending or revoking registration, all forfeitures of controlled substances, and all final court dispositions, if any, of such denials, suspensions, revocations or forfeitures.

(d) If Federal registration of any registrant is suspended, revoked, refused renewal or refused issuance, then the Department of Financial and Professional Regulation shall issue a notice and conduct a hearing in accordance with Section 5-305 of this Act.

Section 5-305. Suspension or revocation; notice and hearing.

(a) Before denying, refusing renewal of, suspending or revoking a registration, the Department of Financial and Professional Regulation shall serve upon the applicant or registrant, by registered mail at the address in the application or registration or by any other means authorized under the Civil Practice Law or Rules of the Illinois Supreme Court for the service of summons or subpoenas, a notice of hearing to determine why registration should not be denied, refused renewal, suspended or revoked. The notice shall contain a statement of the basis therefor and shall call upon the applicant or registrant to appear before the Department of Financial and Professional Regulation at a reasonable time and place. These proceedings shall be conducted in accordance with Sections 2105-5, 2105-15, 2105-100, 2105-105, 2105-110, 2105-115, 2105-120, 2105-125, 2105-175, and 2105-325 of the Department of Professional Regulation Law (20 ILCS 2105/2105-5, 2105/2105-15, 2105/2105-100, 2105/2105-105, 2105/2105-110, 2105/2105-115, 2105/2105-120, 2105/2105-125, 2105/2105-175, and 2105/2105-325), without regard to any criminal prosecution or other proceeding. Except as authorized in subsection (c), proceedings to refuse renewal or suspend or revoke registration shall not abate the existing registration, which shall remain in effect until the Department of Financial and Professional Regulation has held the hearing called for in the notice and found, with input from the appropriate licensure or disciplinary board, that the registration shall no longer remain in effect.

(b) The Director may appoint an attorney duly licensed to practice law in the State of Illinois to serve as the hearing officer in any action to deny, refuse to renew, suspend, or revoke, or take any other disciplinary action with regard to a registration. The hearing officer shall have full authority to conduct the hearing. The hearing officer shall report his or her findings and recommendations to the appropriate licensure or disciplinary board within 30 days after receiving the record. The Disciplinary Board shall have 60 days from receipt of the report to review the report of the hearing officer and present its findings of fact, conclusions of law, and recommendations to the Director.

(c) If the Department of Financial and Professional Regulation finds that there is an imminent danger to the public health or safety by the continued manufacture, distribution or dispensing of controlled substances by the registrant, the Department of Financial and Professional Regulation may, upon the issuance of a written ruling stating the reasons for such finding and without notice or hearing, suspend such registrant. The suspension shall continue in effect for not more than 14 days during which time the registrant shall be given a hearing on the issues involved in the suspension. If after the hearing, and after input from the appropriate licensure or disciplinary board, the Department of Financial and Professional Regulation finds that the public health or safety requires the suspension to remain in effect it shall so remain until the ruling is terminated by its own terms or subsequent ruling or is dissolved by a circuit court upon determination that the suspension was wholly without basis in fact and law.

(d) If, after a hearing as provided in subsection (a), the Department of Financial and Professional Regulation finds that a registration should be refused renewal, suspended or revoked, a written ruling to that effect shall be entered. The Department of Financial and Professional Regulation's ruling shall remain in effect until the ruling is terminated by its own terms or subsequent ruling or is dissolved by a circuit court upon a determination that the refusal to renew suspension or revocation was wholly without basis in fact and law.

Section 5-306. Records; inventories; quarterly reports. Every practitioner and person who is required under this Act to be registered to manufacture, distribute or dispense controlled substances or purchase, store, or administer euthanasia drugs under this Act shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of the laws of the United States and with any additional rules and forms issued by the Department of Financial and Professional Regulation.

Section 5-307. Distribution to another registrant. Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to a written order. Compliance with the laws of the United States respecting order forms shall be deemed compliance with this Section.

Section 5-320. Advisory committee.

(a) The Secretary of Human Services must appoint an advisory committee to assist the Department in implementing the Schedule II controlled substance prescription monitoring program created by Section 47.10-414 of the Criminal Code of 1961. The Advisory Committee consists of prescribers and dispensers.

(b) The Secretary of Human Services must determine the number of members to serve on the advisory committee. The Secretary must choose one of the members of the advisory committee to serve as chair of the committee.

(c) The advisory committee may appoint its other officers as it deems appropriate.

(d) The members of the advisory committee shall receive no compensation for their services as members of the advisory committee but may be reimbursed for their actual expenses incurred in serving on the advisory committee.

Section 5-501.1. Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein, but shall apply only to the Department of Financial and Professional Regulation, as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act which provides that at hearings the licensee has the right to show compliance with all lawful requirements for retention, continuation or renewal of the license is specifically excluded. For the purposes of this Act the notice required under Section 10-25 of the Illinois Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 5-507.1. Certification of record to court. The Department shall not be required to certify any record to the court or file any answer in court or otherwise appear in any court proceedings under the Administrative Review Law, unless there is filed in the court with the complaint a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Exhibits shall be certified without cost. Failure on the part of the plaintiff to file such receipt in court shall be grounds for dismissal of the action.

Section 5-508. Research on controlled substances. The Department shall encourage research on controlled substances. In connection with the research, and in furtherance of the purposes of this Act, the Department may:

(1) establish methods to assess accurately the effect of controlled substances and identify and characterize those with potential for abuse;

(2) make studies and undertake programs of research to:

(i) develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of this Act;

(ii) determine patterns of use, misuse, and abuse of controlled substances and their social effects; and

(iii) improve methods for preventing, predicting, understanding, and dealing with the use, misuse and abuse of controlled substances; and

(3) enter into contracts with public agencies, educational institutions, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which relate to the use, misuse and abuse of controlled substances.

(b) Persons authorized to engage in research may be authorized by the Department to protect the privacy of individuals who are the subjects of such research by withholding from all persons not connected with the conduct of the research the names and other identifying characteristics of such individuals. Persons who are given this authorization shall not be compelled in any civil, criminal, administrative, legislative or other proceeding to identify the individuals who are the subjects of research for which the authorization was granted, except to the extent necessary to permit the Department to determine whether the research is being conducted in accordance with the authorization.

(c) The Department may authorize the possession and dispensing of controlled substances by persons engaged in research, upon such terms and conditions as may be consistent with the public health and safety. The Department may also approve research and treatment programs involving the administration of Methadone. The use of Methadone, or any similar controlled substance by any person is prohibited in this State except as approved and authorized by the Department in accordance with its rules and regulations. To the extent of the applicable authorization, persons are exempt from prosecution in this State for possession, manufacture or delivery of controlled substances.

(d) Practitioners registered under Federal law to conduct research with Schedule I substances may conduct research with Schedule I substances within this State upon furnishing evidence of that Federal registration and notification of the scope and purpose of such research to the Department.

Section 5-601. Educational materials, guidelines for disposal of syringes and needles.

(a) The Illinois Department of Public Health must develop educational materials and make copies of the educational materials available to pharmacists. Pharmacists must make these educational materials available to persons who purchase syringes and needles as authorized under paragraph (d)(2) of Section 47.10-350 of the Criminal Code of 1961. The educational materials must include information regarding safer injection, HIV prevention, syringe and needle disposal, and drug treatment.

(b) The Illinois Department of Public Health must create guidelines to advise local health departments on implementing syringe and needle disposal policies that are consistent with or more stringent than any available guidelines regarding disposal for home health care products provided by the United States Environmental Protection Agency.

Section 5-602. Prescriptions for hypodermic syringes and needles. Except as provided under Section 47.10-350 of the Criminal Code of 1961, a licensed physician may direct a patient under his immediate charge to have in possession any of the instruments specified in Section 47.10-350 of the Criminal Code of 1961 which may be dispensed by a registered pharmacist or assistant registered pharmacist in this state only (1) upon a written prescription of such physician, or (2) upon an oral order of such physician, which order is reduced promptly to writing and filed by the pharmacist, or (3) by refilling any such written or oral prescription if such refilling is authorized by the prescriber either in the original prescription or by oral order which is reduced promptly to writing and filed by the pharmacist in the same manner and under the same conditions as any other prescription issued by a practitioner licensed by law to write prescriptions, or (4) upon a signed statement of a patient, upon proper identification, stating that the prescriptions or instruments specified in Section 47.10-350 of the Criminal Code of 1961 were lost or broken, as the case may be, the name and address of the prescriber, the name and address of the patient and the purpose for which the prescription was ordered. Such written or oral prescriptions when reduced to writing for instruments specified in Section 47.10-350 of the Criminal Code of 1961 shall contain the date of such prescription, the name and address of the prescriber, the name and address of the patient, the purpose for which the prescription is ordered, the date when dispensed and by whom dispensed.

Provided, however, that a licensed physician or other allied medical practitioner, authorized by the laws of the State of Illinois to prescribe or administer controlled substances or cannabis to humans or animals, may authorize any person or the owner of any animal, to purchase and have in his possession any of the instruments specified in Section 47.10-350 of the Criminal Code of 1961, which may be sold to him without a specific written or oral prescription or order, by any person authorized by the laws of the State of Illinois to sell and dispense controlled substances or cannabis, if such authorization is in the form of a certificate giving the name and address of such licensed physician or other allied medical practitioner, the name, address and signature of the person, or of the owner of the animal, so authorized, the purpose or reason of such authorization, and the date of such certificate and in that event, no other prescription, writing or record shall be required to authorize the possession or sale of such instruments.

ARTICLE 10.

Section 10-1. Short title. This Article may be cited as the Grain Coloring Law.

Section 10-5. Grain coloring.

(a) Grain coloring. No person shall:

(1) knowingly subject, or cause to be subjected, any barley, wheat or other grain to fumigation, by sulphur, or other material, or to any chemical or coloring process, whereby the color, quality or germ of such grain is affected; or

(2) offer for sale, or procure to be sold, any barley, wheat, or other grain that has been subjected to fumigation, or other process, as provided in subsection (a) of this Section, knowing such barley, wheat, or other grain to have been so subjected.

(b) Sentence. A person who violates this Section shall be guilty of a Class B misdemeanor, and shall also be liable for all damages sustained by any person injured by such violation.

ARTICLE 15.

Section 15-1. Short title. This Article may be cited as the Unauthorized Sale of Certain Plants Law. References in this Article to "this Act" mean this Article.

Section 15-5. Unauthorized sale of certain plants prohibited.

(a) Any person, firm or corporation who knowingly buys, sells, offers or exposes for sale any blood root (Sanguinaria canadensis), lady slipper (Cyprepedium parviflorum and Cyprepedium hirsutum), columbine (Aquilegia canadensis), Trillium (Trillium grandiflorum and Trillium sessile), lotus (Nelumbo lutes), or gentian (Gentiana crinta and Gentiana andrewsii), or any part thereof, dug, pulled up or gathered from any public or private land, unless in the case of private land the owner or person lawfully occupying such land gives his consent in writing thereto, is guilty of a petty offense.

(b) All prosecutions under this Act shall be commenced within six months from the time such offense was committed and not afterwards.

ARTICLE 20.

Section 20-1. Short title. This Article may be cited as the Mandatory Life Sentence Law. References in this Article to "this Act" mean this Article.

Section 20-5. Habitual criminals; determination; application of article.

(a) Every person who has been twice convicted in any state or federal court of an offense that contains the same elements as an offense now classified in Illinois as a Class X felony, criminal sexual assault, aggravated kidnapping or first degree murder, and is thereafter convicted of a Class X felony, criminal sexual assault or first degree murder, committed after the 2 prior convictions, shall be adjudged an habitual criminal.

(b) The 2 prior convictions need not have been for the same offense.

(c) Any convictions which result from or are connected with the same transaction, or result from offenses committed at the same time, shall be counted for the purposes of this Section as one conviction.

(d) This Article shall not apply unless each of the following requirements are satisfied:

(1) the third offense was committed after the effective date of this Act;

(2) the third offense was committed within 20 years of the date that judgment was entered on the first conviction, provided, however, that time spent in custody shall not be counted;

(3) the third offense was committed after conviction on the second offense;

(4) the second offense was committed after conviction on the first offense.

(e) Except when the death penalty is imposed, anyone adjudged an habitual criminal shall be sentenced to life imprisonment.

Section 20-10. Evidence of prior conviction; records as prima facie evidence; waiver of exceptions.

(a) A prior conviction shall not be alleged in the indictment, and no evidence or other disclosure of such conviction shall be presented to the court or the jury during the trial of an offense set forth in Section 20-5 unless otherwise permitted by the issues properly raised in such trial. After a plea or verdict or finding of guilty and before sentence is imposed, the prosecutor may file with the court a verified written statement signed by the State's Attorney concerning any former conviction of an offense set forth in Section 20-5 rendered against the defendant. The court shall then cause the defendant to be brought before it; shall inform him of the allegations of the statement so filed, and of his right to a hearing before the court on the issue of such former conviction and of his right to counsel at such hearing; and unless the defendant admits such conviction, the court shall hear and determine such issue, and shall make a written finding thereon. If a sentence has previously been imposed, the court may vacate such sentence and impose a new sentence in accordance with Section 20-5.

(b) A duly authenticated copy of the record of any alleged former conviction of an offense set forth in Section 20-5 shall be prima facie evidence of such former conviction; and a duly authenticated copy of the record of the defendant's final release or discharge from probation granted, or from sentence and parole supervision (if any) imposed pursuant to such former conviction, shall be prima facie evidence of such release or discharge.

(c) Any claim that a previous conviction offered by the prosecution is not a former conviction of an offense set forth in Section 20-5 because of the existence of any exceptions described in this Law, is waived unless duly raised at the hearing on such conviction, or unless the prosecution's proof shows the existence of such exceptions described in this Act.

Section 20-15. Release from imprisonment by pardon; consideration. If the person so convicted shall show to the satisfaction of the court before whom such conviction was had that he was released from imprisonment, upon either of the sentences upon a pardon granted for the reason that he was innocent, such conviction and sentence shall not be considered under Section 20-5.

ARTICLE 25.

Section 25-1. Short title. This Article may be cited as the Civil Liability for Certain Sex Offenses Law.

Section 25-5. Civil Liability.

(a) If any person has been convicted of any offense defined in Sections 11-6.35 through 11-6.45 of the Criminal Code of 1961, a victim of such offense has a cause of action for damages against any person or entity who, by the manufacture, production, or wholesale distribution of any obscene material which was possessed or viewed by the person convicted of the offense, proximately caused such person, through his or her reading or viewing of the obscene material, to commit the violation of Sections 11-6.35 through 11-6.45 of the Criminal Code of 1961. No victim may recover in any such action unless he or she proves by a preponderance of the evidence that: (1) the reading or viewing of the specific obscene material manufactured, produced, or distributed wholesale by the defendant proximately caused the person convicted of the violation of Sections 11-6.35 through 11-6.45 of the Criminal Code of 1961 to commit such violation and (2) the defendant knew or had reason to know that the manufacture, production, or wholesale distribution of such material was likely to cause a violation of an offense substantially of the type enumerated.

(b) The manufacturer, producer, or wholesale distributor shall be liable to the victim for:

(1) actual damages incurred by the victim, including medical costs;

(2) court costs and reasonable attorney's fees;

(3) infliction of emotional distress;

(4) pain and suffering; and

(5) loss of consortium.

(c) Every action under this Section shall be commenced within 3 years after the conviction of the defendant for a violation of Sections 11-6.35 through 11-6.45 of the Criminal Code of 1961. However, if the victim was under the age of 18 years at the time of the conviction of the defendant for a violation of Sections 11-6.35 through 11-6.45 of the Criminal Code of 1961, an action under this Section shall be commenced within 3 years after the victim attains the age of 18 years.

(d) For the purposes of this Section:

"Manufacturer" means any individual, partnership, corporation, association, or other legal entity which manufacturers, assembles, or produces obscene material.

"Obscene" has the meaning ascribed to it in subsection (b) of Section 11-20 of the Criminal Code of 1961.

"Producer" means any individual, partnership, corporation, association, or other legal entity which finances or supervises, to any extent, the production or making of obscene material.

"Wholesale distributor" means any individual, partnership, corporation, association, or other legal entity which stands between the manufacturer and the retail seller in purchases, consignments, contracts for sale, or rental of the obscene material.

ARTICLE 30.

Section 30-1. Short title. This Article may be cited as the Defacing or Removing Identification Marks and Unlawful Sale of Household Appliances Law.

Section 30-5. Defacing or removing identification marks; unlawful sale of household appliances.

(a) Definitions. For purposes of this Article, the following words and phrases have the following meanings:

"Commercial context" means a continuing business enterprise conducted for profit by any person whose primary business is the wholesale or retail marketing of household appliances, or a significant portion of whose business or inventory consists of household appliances kept or sold on a wholesale or retail basis.

"Demonstrator unit" means any household appliance, not sold or transferred to a consumer, utilized by a seller or dealer as a sample to demonstrate the operation of the appliance to customers.

"Household appliance" means any gas or electric device or machine marketed for use as home entertainment or for facilitating or expediting household tasks or chores. The term shall include but not necessarily be limited to refrigerators, freezers, ranges, radios, television sets, vacuum cleaners, toasters, dishwashers, heating devices, cooking equipment, electric fans, clocks, air conditioners and other similar household items.

"Manufacturer's identification number" means any serial number or other similar numerical or alphabetical designation imprinted upon or attached to or placed, stamped, or otherwise imprinted upon or attached to merchandise or equipment by the manufacturer for purposes of identifying a particular appliance individually or by lot number. For purposes of this Article, merchandise or equipment includes household appliances, other equipment or merchandise, machines or equipment used in the construction, maintenance or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports or waterways or material handling for such projects. Merchandise or equipment as defined in this Article does not include a motor vehicle as defined in Section 1-146 of the Illinois Vehicle Code or a firearm as defined in the Firearm Owners Identification Card Act.

"Rebuilt" means any household appliance that has a substantial portion of its original, major parts replaced.

"Reconditioned" means any household appliance which has been substantially repaired but has not been rebuilt.

"Repossessed" means any household appliance purchased on credit that is offered for sale after it has been reclaimed by the seller or holder of the instrument evidencing the debt because of default.

"Used" means any household appliance, previously sold, transferred to a consumer and put in service and utilized by the consumer for its intended purpose, that is not a rebuilt, reconditioned or repossessed appliance.

(b) No person shall sell, attempt to sell or offer to sell, by retail, wholesale or auction, any household appliance other than a new appliance unless there is affixed thereto a tag or label no smaller in size than 4 inches in length and 2 inches in width bearing a statement that the appliance is used, repossessed, rebuilt or reconditioned or that the appliance has been utilized as a demonstrator unit. Any person who sells or offers for sale a household appliance which was obtained by the person making the sale for his own use, but who is not regularly engaged in the business of making such sales is exempted from the provisions of this Section.

(c) A person commits the offense of defacing or removing identification marks when he or she knowingly removes, alters, defaces, covers, or destroys the manufacturers' serial number or any other manufacturers' number or distinguishing identification mark upon any machine or other article of merchandise with the intent of concealing or destroying the identity of such machine or other article of merchandise.

(d) No person shall knowingly change, alter, remove, mutilate, or obliterate a permanently affixed serial number or other mark of identification or owner-applied identification number attached to or stamped, inscribed, molded, or etched into a machine or other equipment, whether stationary or mobile or self-propelled, or a part of such machine or equipment used in the construction, maintenance, or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports, or waterways or material handling for such projects. Possession of any machine or other equipment or a part of such machine or equipment used in the construction, maintenance, or demolition of buildings, structures, bridges, tunnels, sewers, utility pipes or lines, ditches or open cuts, roads, highways, dams, airports, or waterways or material handling for such projects upon which any such serial number, product identification number, part number, component identification number, owner-applied identification number, or other mark of identification shall have been changed, altered, removed, or obliterated may give rise to the inference that the possessor has knowingly changed, altered, removed, or obliterated the same.

(e) A person commits the offense of unlawful sale of household appliances when he or she knowingly, with the intent to defraud or deceive another, keeps for sale, within any commercial context, any household appliance with a missing, defaced, obliterated, or otherwise altered manufacturer's identification number.

(f) Sentence. A violation of subsection (b) of this Section shall be a petty offense and punished by a fine of not exceeding $100 nor less than $50 for the first offense; not exceeding $200 nor less than $100 for the second offense; and not exceeding $500 nor less than $200 for the third and each subsequent offense and all costs for each and every offense; a violation of subsection (c) of this Section is a Class B misdemeanor; a violation of subsection (d) of this Section is a Class A misdemeanor; a violation of subsection (e) of this Section is a Class 4 felony, if the value of the appliance or appliances exceeds $1,000 and a Class B misdemeanor if the value of the appliance or appliances is $1,000 or less.

ARTICLE 35.

Section 35-1. Short title. This Article may be cited as the Odometer or Hour Meter Fraud Law.

Section 35-5. Odometer or hour meter fraud. A person commits the offense of Odometer or Hour meter fraud when he or she disconnects, resets, alters, or causes to be disconnected, reset, or altered the odometer or hour meter of any used motor vehicle or farm implement, including but not limited to tractors and combines, to conceal or change the actual miles driven or hours of operation with the intent to defraud another. A violation is a Class A misdemeanor. A second or subsequent violation is a Class 4 felony. This Article shall not apply to legitimate practices of automotive or implement parts recyclers who recycle used odometers or hour meters for resale.

ARTICLE 40.

Section 40-1. Short title. This Article may be cited as the Installation of Object in Lieu of Air Bag Law.

Section 40-5. Installation of object in lieu of air bag. A person commits the offense of installation of object in lieu of air bag when he or she, for consideration, knowingly installs or reinstalls in a vehicle any object in lieu of an air bag that was designed in accordance with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system. A violation is a Class A misdemeanor.

ARTICLE 45.

Section 45-1. Short title. This Article may be cited as the Fraudulent Sale of Publications Law.

Section 45-5. Fraudulent sale of publications. A person commits the offense of fraudulent sale of publication when he or she knowingly sells, offers, or exposes for sale (except in bulk as waste paper) any newspaper, magazine, periodical or other publication, except a rare book, manuscript or educational text, from which the cover or title page has been removed, or from which the title, trade name, trade mark, or other identification mark has been removed or obliterated. A violation is a petty offense.

ARTICLE 50.

Section 50-1. Short title. This Article may be cited as the Fraudulent Repair of Fire Extinguisher or Related Equipment Law.

Section 50-5. Fraudulent repair of fire extinguisher or related equipment. A person commits the offense of fraudulent repair of fire extinguisher or related equipment when he or she represents that a fire extinguisher or fire extinguishing equipment has been serviced, repaired, or examined to determine whether or not it is in good working condition when no such service, repair, or examination has been performed. Such representations shall mean any mark, symbol, initial or date recorded on the extinguisher or equipment or on anything attached thereto or on any list schedule or in any other place where such service, repair, or examination is normally recorded. A violation is a petty offense.

ARTICLE 55.

Section 55-1. Short title. This Article may be cited as the Fraudulent Advertisements Law.

Section 55-5. Fraudulent advertisements.

(a) Deceptive sale of gold or silver. A person commits the offense of deceptive sale of gold or silver when he or she sells, or offers to sell or dispose of, or has in his or her possession with intent to sell or dispose of, any article or articles constructed in whole or in part, of gold or silver or any alloy or imitation thereof, having thereon or on any box, package, cover, wrapper or other thing enclosing or encasing such article or articles for sale, any stamp, brand, engraving, printed label, trade mark, imprint or other mark

(1) indicating or designed, or intended to indicate, that the gold, alloy or imitation thereof in such article or articles, is different from or better than the actual kind and quality of such gold, alloy or imitation; or

(2) containing the words "sterling" or "sterling silver", referring, or designed or intended to refer, to the silver, alloy or imitation thereof in such article or articles, when such silver, alloy or imitation thereof shall contain less than nine hundred and twenty-five one-thousandths thereof of pure silver; or

(3) containing the words "coin" or "coin silver", referring to or designed or intended to refer to, the silver, alloy or imitation thereof in such article or articles, when such silver, alloy or imitation shall contain less than nine-tenths thereof pure silver.

A violation of this subsection (a) is a petty offense.

(b) Deceptive or misleading advertising.

(1) A person, firm, corporation, association or agent or employee thereof commits the offense of deceptive or misleading advertising when that person or entity, with intent to sell, purchase, dispose of, or enter into contract with reference to merchandise, securities, real estate, service, employment, money, credit or anything offered by such person or entity, directly or indirectly, to the public for sale, purchase, loan, distribution, or the hire of personal services, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, or to make any loan, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this State, in a newspaper, magazine, or other publication, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, label, or over any radio or television station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, or statement of any sort regarding merchandise, securities, real estate, money, credit, service, employment, or anything so offered for use, purchase, loan or sale, or the interest, terms or conditions upon which such loan will be made to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, misleading or deceptive.

(2) A person, firm or corporation commits the offense of deceptive or misleading advertising when that person or entity offers for sale merchandise, commodities or service by making, publishing, disseminating, circulating or placing before the public within this State in any manner an advertisement of merchandise, commodities, or service, with the intent not to sell the merchandise, commodities, or service so advertised at the price stated therein, may be enjoined from such advertising upon application for injunctive relief by the State's Attorney or Attorney General.

(3) A person, firm or corporation commits the offense of deceptive or misleading advertising when that person or entity knowingly makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly to be made, published, disseminated, circulated or placed before the public, in this State, in a newspaper, magazine or other publication published in this State, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, or label distributed in this State, or over any radio or television station located in this State or in any other way in this State similar or dissimilar to the foregoing, an advertisement, announcement, statement or representation of any kind to the public relating to the sale, offering for sale, purchase, use or lease of any real estate in a subdivision located outside the State of Illinois may be enjoined from such activity upon application for injunctive relief by the State's Attorney or Attorney General and shall also be guilty of a Class A misdemeanor unless such advertisement, announcement, statement or representation contains or is accompanied by a clear, concise statement of the proximity of such real estate in common units of measurement to public schools, public highways, fresh water supply, public sewers, electric power, stores and shops, and telephone service or contains a statement that one or more of such facilities are not readily available, and name those not available.

(4) This subsection (b) shall not apply to any medium for the printing, publishing, or disseminating of advertising, or any owner, agent or employee thereof, nor to any advertising agency or owner, agent or employee thereof, nor to any radio or television station, or owner, agent, or employee thereof, for printing, publishing, or disseminating, or causing to be printed, published, or disseminated, such advertisement in good faith and without knowledge of the deceptive character thereof.

A violation of this subsection (b) is a Class A misdemeanor.

(c) False advertising of gasoline prices. A person, firm or corporation owning or operating a service station commits the offense of false advertising of gasoline prices when that person or entity knowingly advertises or holds out or states to the public the per gallon price of gasoline, upon any sign on the premises of such station, at a price that does not includes all taxes; the price, as so advertised, must also correspond with the price appearing on the pump from which such gasoline is dispensed; and the identity of the product must be included with the price in any such advertisement, holding out or statement to the public. A violation of subsection (c) is a petty offense.

(d) False claim to bankrupt persons. A person commits the offense of false claim to bankrupt person when he or she engages in the business of making loans or of selling any property or services under installment contracts or charge agreements and knowingly solicits or advertises for such business using any language stating or implying that a loan or extension of credit will be made to a person who has been adjudged a bankrupt. A violation of subsection (d) is a petty offense.

ARTICLE 65.

Section 65-1. Short title. This Article may be cited as the Taxpreparer Information Disclosure Law.

Section 65-5. Taxpreparer information disclosure.

(a) It is a Class A misdemeanor for any person, including an individual, firm, corporation, association, partnership, joint venture, or any employee or agent thereof, to knowingly disclose, or to convey a list of names prepared on the basis of any information obtained in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns, including the disclosure or conveyance of such information between separate departments of the same firm, corporation, association, partnership, or joint venture, unless such disclosure or conveyance is within any of the following:

(1) Consented to in writing by the taxpayer in a separate document.

(2) Expressly authorized by state or federal law.

(3) Necessary to the preparation of the return.

(4) Pursuant to court order.

(b) For the purposes of this Section, a person is engaged in the business of preparing federal or state income tax returns or assisting taxpayers in preparing such returns if he does either of the following:

(1) Advertises, or gives publicity to the effect that he prepares or assists others in the preparation of federal income tax returns.

(2) Prepares or assists others in the preparation of state or federal income tax returns for compensation.

(c) Contacting a taxpayer to obtain his written consent to disclosure does not constitute a violation of this Section.

ARTICLE 70.

Section 70-1. Short title. This Article may be cited as the Auction Sales Sign Law.

Section 70-5. Auction sales sign.

(a) The knowing use of any signs, billboards, flags, banners or other media commonly used to designate that an auction is being held, or is going to be held, is prohibited unless the bidding on all sales of goods in the place so designated is open to the general public.

(b) Whoever violates the provisions of this Section shall be guilty of a Class B misdemeanor.

ARTICLE 75.

Section 75-1. Short title. This Article may be cited as the Sale of Yo-yo Waterballs Law.

Section 75-5. Sale of yo-yo waterballs prohibited.

(a) It is unlawful to sell a yo-yo waterball in this State.

(b) Sentence. A person who sells a yo-yo waterball in this State is guilty of a business offense punishable by a fine of $1,001 for each violation. Each sale of a yo-yo waterball in violation of this Section is a separate violation.

(c) Definition. In this Section, "yo-yo waterball" means a water yo-yo or a soft, rubber-like ball that is filled with a liquid and is attached to an elastic cord.

ARTICLE 105

Section 105-2. The Illinois Diseased Animals Act is amended by changing Section 21 as follows:

(510 ILCS 50/21) (from Ch. 8, par. 188)

Sec. 21. Diseased animals, concealment, sale, transportation. Any person who, knowing that any contagious or infectious disease exists among his animals, conceals such fact, or knowing of the existence of such disease, sells any animal or animals so diseased, or any exposed animal, or knowing the same, removes any such diseased or exposed animal from his premises to the premises of another, or along any public highway, or knowing of the existence of such disease, or exposure thereto, transports, drives, leads or ships any animal so diseased or exposed, by any means, or permits any such animal to run at large motor vehicle, car or steamboat, to any place in or out of this State; and any person who brings any such diseased, or knowingly, brings any such exposed animals into this State from another state; and any person who knowingly buys, receives, sells, conveys, or engages in the traffic of such diseased or exposed stock, and any person who violates any quarantine regulation established under the provisions of this or any other Act, for each, either, any or all acts above mentioned in this Section, is guilty of a petty offense and shall forfeit all right to any compensation for any animal or property destroyed under the provisions of this Act.

(Source: P.A. 91-457, eff. 1-1-00.)

Section 105-3. The Illinois Vehicle Code is amended by changing Section 6-205.2 as follows:

(625 ILCS 5/6-205.2)

Sec. 6-205.2. Suspension of driver's license of person convicted of theft of motor fuel. The driver's license of a person convicted of knowingly dispensing motor fuel into a storage container or the fuel tank of a motor vehicle at an establishment in which motor fuel is offered for retail sale and leaving the premises of the establishment without making payment or the authorized charge for the motor fuel with the intention of depriving the establishment in which the motor fuel is offered for retail sale of the possession, use, or benefit of that motor fuel without paying the full retail value of the theft of motor fuel under Section 16J-15 of the Criminal Code of 1961 shall be suspended by the Secretary for a period not to exceed 6 months for a first offense. Upon a second or subsequent conviction for such an offense theft of motor fuel, the suspension shall be for a period not to exceed one year. Upon conviction of a person for such an offense theft of motor fuel, the court shall order the person to surrender his or her driver's license to the clerk of the court who shall forward the suspended license to the Secretary.

(Source: P.A. 94-700, eff. 6-1-06; revised 9-28-06.)

Section 105-5. The Criminal Code of 1961 is amended by adding Sections 2-3.3, 10-9, 11-0.5, 11-6.15, 11-6.25, 11-6.35, 11-6.45, 11-6.75, 11-6.80, 12-0.5, 12-102, 12-105, 12-106, 12-107, 12-108, 12-109, 12-116, 12-119, 12-120, 12-121, 12-122, 12-131, 13-9, 14-10, 14-11, 15-0.5, 16-101, 16-102, 16-103, 16-104, 16-105, 16-106, 16-201, 16-202, 16-204, 17-201, 17-202, 17-204, 17-205, 17-206, 17-301, 17-302, 17-303, 17-304, 17-305, 17-306, 17-307, 17-308, 17-309, 17-310, 17-311, 17-312, 17-313, 17-314, 17-315, 17-316, 17-317, 17-318, 17-401, 17-402, 17-501, 17-502, 17-503, 17-504, 17-505, 17-506, 17-601, 17-602, 17-603, 17-604, 17-606, 17-607, 17-608, 23-4, 23-5, 23-6, 23-7, 23-8, 23-9, 23-10, 23-11, 23-12, 24-0.5, 24-41, 24-42, 24-43, 24-44, 24-45, 25-4, 26-6.5, 26-7, 26-8, 26-9, 26-10, 26-11, 26-12, 26-13, 27-1, 33-3.3, 33-8, 34-23, 35-1.1, 35-1.2, 35-1.3, 35-1.4, 35-1.5, 35-1.6, 35-1.7, 35-2.1, 35-2.2, 35-2.3, 35-3, 35-4, 35-5, 35-6, 35-7.1, 35-7.2, 35-7.3, 35-7.4, 35-7.5, 35-7.6, 35-8, 35-9, 36-5, 36-6, 36-7, 36-8, 36-9, 36-10, 36-11, 36-12, 36-13, 36-75, 36-80, 36-90, 36-95, 36-100, 36-105, 36-110, 36-115, 36-120, 36-125, 47-2, 47-3, 47-4, 47-5.5, 47-6, 47-7, 47-8, 47.5-1, 47.5-2, 47.5-3, 47.5-4, 47.5-5, 47.10-102, 47.10-202, 47.10-203, 47.10-204, 47.10-205, 47.10-206, 47.10-207, 47.10-208, 47.10-209, 47.10-210, 47.10-211, 47.10-212, 47.10-213, 47.10-214, 47.10-215, 47.10-216, 47.10-301, 47.10-302, 47.10-303, 47.10-304, 47.10-305, 47.10-306, 47.10-307, 47.10-308, 47.10-309, 47.10-310, 47.10-311, 47.10-312, 47.10-313, 47.10-314, 47.10-315, 47.10-316, 47.10-317, 47.10-318, 47.10-319, 47.10-320, 47.10-321, 47.10-322, 47.10-323, 47.10-324, 47.10-325, 47.10-326, 47.10-327, 47.10-328, 47.10-329, 47.10-330, 47.10-331, 47.10-332, 47.10-333, 47.10-334, 47.10-335, 47.10-336, 47.10-337, 47.10-338, 47.10-339, 47.10-340, 47.10-341, 47.10-342, 47.10-343, 47.10-344, 47.10-345, 47.10-346, 47.10-347, 47.10-348, 47.10-349, 47.10-350, 47.10-351, 47.10-352, 47.10-353, 47.10-354, 47.10-355, 47.10-356, 47.10-357, 47.10-358, 47.10-359, 47.10-360, 47.10-361, 47.10-362, 47.10-363, 47.10-364, 47.10-365, 47.10-366, 47.10-367, 47.10-368, 47.10-369, 47.10-370, 47.10-371, 47.10-401, 47.10-402, 47.10-403, 47.10-404, 47.10-405, 47.10-406, 47.10-407, 47.10-408, 47.10-409, 47.10-410, 47.10-412, 47.10-413, 47.10-414, 47.10-415, 47.10-416, 47.10-417, 47.10-418, 47.10-419, 47.10-420, 47.10-421, 47.10-422, 47.10-423, 47.10-424, 47.10-425, 47.10-426, 47.10-427, 47.10-428, 47.10-429, 47.10-430, 47.10-431, 47.10-432, 47.10-433, 47.10-434, 47.10-435, 48-1, 48-2, 48-3, 48-4, 48-5, 48-6, 48-7, 48-8, 48-9, 48-10, 48-11, 48-12, 48-13, 48-14, 48-15, 90-5, 91-1, 91-2, 91-3, 91-4, 91-5, 91-6, 91-7, 91-8, 91-9, 91-10, 91-11, 91-12, 91-13, 91-14, 92-1, 92-2, 92-3, 92-4, 92-5, and 92-6, adding the heading of Article 13, adding the headings of Divisions I and II of Article 16, adding the headings of Divisions I, II, III, IV, V, and VI of Article 17, adding the headings of Divisions I, II, and III of Article 21, adding the headings of Articles 22 and 23, adding the headings of Divisions I, II, III, and IV of Article 24, adding the heading of Article 27, adding the headings of Divisions I, II, III, IV, V, and VI of Article 34, adding the headings of Divisions I, II, III, IV, V, VI, VII, VIII, IX, and X of Article 35, adding the headings of Divisions I, II, III, IV, and V of Article 36, adding the headings of Articles 47.5 and 47.10, adding the headings of Division I, Division II, Division III, Subdivision 1 and Groups A, B, and C, Subdivision 2 and Groups A, B, and C, Subdivision 3 and Groups A, B, and C, Subdivision 4 and Groups A, B, and C, Subdivision 5 and Groups A, B, and C, Subdivision 6 and Groups A, B, and C, Subdivision 7 and Groups A, B, C, and D, Subdivision 8 and Groups A, B, and C, and Division IV and Groups A, B, and C of Article 47.10, adding the headings of Articles 48, 90, 91, and 92, renumbering and changing Sections 9-3.1, 11-9, 11-9.1, 11-9.2, 11-9.3, 11-9.4, 11-11, 11-14, 11-18, 11-18.1, 11-20, 11-20.1, 11-20.2, 11-21, 11-22, 11-23, 11-24, 12-1, 12-2.6, 12-3, 12-3.1, 12-6, 12-6.1, 12-6.4, 12-7, 12-7.1, 12-7.2, 12-7.6, 12-9, 12-10.2, 12-11, 12-11.1, 12-14.1, 12-16.2, 12-17, 12-18, 12-20, 12-20.5, 12-21.5, 12-21.6, 12-22, 12-31, 12-32, 12-33, 12-34, 12-35, 12-36, 12A-1, 12A-5, 12A-10, 12A-15, 12A-20, 12A-25, 12B-1, 12B-5, 12B-10, 12B-15, 12B-20, 12B-25, 12B-30, 12B-35, 16-22, 17-24, 17-26, 20.5-5, 20.5-6, 21-4, 21.1-2, 21.2-2, 21.2-3, 21.2-4, 21.2-5, 21.2-6, 21.3-5, 24-1.1, 24-1.2, 24-1.5, 24-1.6, 24-1.7, 24-2, 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-4, 24-5, 24-6, 24-7, 24-8, 24-9, 24-10, 25-1.1, 25-2, 29-2, 29-3, 29A-1, 29A-2, 29A-3, 29A-4, 29D-5, 29D-10, 29D-15, 29D-20, 29D-25, 29D-30, 29D-35, 29D-40, 29D-45, 29D-60, 29D-70, 30-1, 30-2, 30-3, 31A-1.1, 31A-1.2, 33A-2, 33E-1, 33E-2, 33E-3, 33E-4, 33E-5, 33E-6, 33E-7, 33E-8, 33E-9, 33E-10, 33E-11, 33E-12, 33E-13, 33E-14, 33E-15, 33E-16, 33E-17, 33E-18, 34-1, 34-2, 34-3, 34-4, 39-1, and 47-5, renumbering and changing the heading of Article 30, changing Sections 2-2, 2-7.1, 3-4, 4-5, 5-2, 7-11, 8-1, 8-2, 8-4, 9-2, 10-1, 10-3, 10-5, 10-5.5, 11-6, 11-6.5, 16-1, 17-1, 17-2, 17-3, 18-1, 18-3, 19-1, 19-2, 19-3, 19-4, 20-1, 21-1, 21-1.2, 21-2, 21-3, 21-5, 21-7, 21-8, 21-9, 21-10, 24-1, 25-1, 26-1, 26-2, 26-3, 26-4, 26-5, 28-1, 28-1.1, 29-1, 31-1a, 32-1, 32-2, 32-3, 32-4b, 32-4c, 32-4d, 32-7, 32-8, 32-10, 33-1, 33-4, 33-5, 33-6, 36-1, 36-2, 36-3, and 36-4, and changing the headings of Articles 34, 35, and 36 as follows:

(720 ILCS 5/2-2) (from Ch. 38, par. 2-2)

Sec. 2-2. "Act".

"Act" means a bodily movement, and includes a failure or omission to take action.

(Source: Laws 1961, p. 1983.)

(720 ILCS 5/2-3.3 new)

Sec. 2-3.3. "Bodily harm". Except as otherwise provided in a specific Section, "bodily harm" means any physical pain, injury to the body, illness, or impairment of the physical condition of the body, regardless of gravity or duration.

(720 ILCS 5/2-7.1)

Sec. 2-7.1. "Firearm" and "firearm ammunition". Except as otherwise provided in a specific Section, "firearm" "Firearm" and "firearm ammunition" have the meanings ascribed to them in Section 1.1 of the Firearm Owners Identification Card Act.

(Source: P.A. 91-544, eff. 1-1-00.)

(720 ILCS 5/3-4) (from Ch. 38, par. 3-4)

Sec. 3-4. Effect of former prosecution.

(a) A prosecution is barred if the defendant was formerly prosecuted for the same offense, based upon the same facts, if such former prosecution:

(1) Resulted in either a conviction or an acquittal or in a determination that the evidence was insufficient to warrant a conviction; or

(2) Was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact or legal proposition necessary to a conviction in the subsequent prosecution; or

(3) Was terminated improperly after the jury was impaneled and sworn or, in a trial before a court without a jury, after the first witness was sworn but before findings were rendered by the trier of facts, or after a plea of guilty was accepted by the court.

A conviction of an included offense, other than through a guilty plea, is an acquittal of the offense charged.

(b) A prosecution is barred if the defendant was formerly prosecuted for a different offense, or for the same offense based upon different facts, if such former prosecution:

(1) Resulted in either a conviction or an acquittal, and the subsequent prosecution is for an offense of which the defendant could have been convicted on the former prosecution; or was for an offense with which the defendant should have been charged on the former prosecution, as provided in Section 3-3 of this Code (unless the court ordered a separate trial of such charge); or was for an offense which involves the same conduct, unless each prosecution requires proof of a fact not required on the other prosecution, or the offense was not consummated when the former trial began; or

(2) Was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the subsequent prosecution; or

(3) Was terminated improperly under the circumstances stated in Subsection (a), and the subsequent prosecution is for an offense of which the defendant could have been convicted if the former prosecution had not been terminated improperly.

(c) A prosecution is barred if the defendant was formerly prosecuted in a District Court of the United States or in a sister State for an offense which is within the concurrent jurisdiction of this State, if such former prosecution:

(1) Resulted in either a conviction or an acquittal, and the subsequent prosecution is for the same conduct, unless each prosecution requires proof of a fact not required in the other prosecution, or the offense was not consummated when the former trial began; or

(2) Was terminated by a final order or judgment, even if entered before trial, which required a determination inconsistent with any fact necessary to a conviction in the prosecution in this State.

(d) However, a prosecution is not barred within the meaning of this Section 3-4 if the former prosecution:

(1) Was before a court which lacked jurisdiction over the defendant or the offense; or

(2) Was procured by the defendant without the knowledge of the proper prosecuting officer, and with the purpose of avoiding the sentence which otherwise might be imposed; or if subsequent proceedings resulted in the invalidation, setting aside, reversal, or vacating of the conviction, unless the defendant was thereby adjudged not guilty.

(Source: Laws 1961, p. 1983.)

(720 ILCS 5/4-5) (from Ch. 38, par. 4-5)

Sec. 4-5. Knowledge.

A person knows, or acts knowingly or with knowledge of:

(a) The nature or attendant circumstances of his conduct, described by the statute defining the offense, when he is consciously aware that his conduct is of such nature or that such circumstances exist. Knowledge of a material fact includes awareness of the substantial probability that such fact exists.

(b) The result of his conduct, described by the statute defining the offense, when he is consciously aware that such result is practically certain to be caused by his conduct.

Conduct performed knowingly or with knowledge is performed wilfully, within the meaning of a statute using the latter term, unless the statute clearly requires another meaning.

(c) When a statute provides that acting knowingly suffices to establish an element of an offense, that element also is established if a person acts intentionally.

(Source: Laws 1961, p. 1983.)

(720 ILCS 5/5-2) (from Ch. 38, par. 5-2)

Sec. 5-2. When accountability exists.

A person is legally accountable for the conduct of another when:

(a) Having a mental state described by the statute defining the offense, he causes another to perform the conduct, and the other person in fact or by reason of legal incapacity lacks such a mental state; or

(b) The statute defining the offense makes him so accountable; or

(c) Either before or during the commission of an offense, and with the intent to promote or facilitate such commission, he solicits, aids, abets, agrees or attempts to aid, such other person in the planning or commission of the offense. Where two or more persons engage in a common criminal design or agreement, any acts in the furtherance thereof committed by one party are considered to be the acts of all parties to the common design and all are equally responsible for the consequences of such further acts. Presence at the scene of a crime does not render a person accountable for an offense; however, a person's presence at the scene of a crime may be considered with other circumstances by the trier of fact when determining accountability. However, a person is not so accountable, unless the statute defining the offense provides otherwise, if:

(1) He is a victim of the offense committed; or

(2) The offense is so defined that his conduct was inevitably incident to its commission; or

(3) Before the commission of the offense, he terminates his effort to promote or facilitate such commission, and does one of the following: wholly deprives his prior efforts of effectiveness in such commission, or gives timely warning to the proper law enforcement authorities, or otherwise makes proper effort to prevent the commission of the offense.

(Source: Laws 1961, p. 1983.)

(720 ILCS 5/7-11) (from Ch. 38, par. 7-11)

Sec. 7-11. Compulsion.

(a) A person is not guilty of an offense, other than an offense punishable with death, by reason of conduct which he performs under the compulsion of threat or menace of the imminent infliction of death or great bodily harm, if he reasonably believes death or great bodily harm will be inflicted upon him or upon his or her spouse or child if he does not perform such conduct.

(b) A married woman is not entitled, by reason of the presence of her husband, to any presumption of compulsion, or to any defense of compulsion except that stated in Subsection (a).

(Source: Laws 1961, p. 1983.)

(720 ILCS 5/8-1) (from Ch. 38, par. 8-1)

Sec. 8-1. Solicitation and solicitation of murder.

(a) Solicitation. Elements of the offense. A person commits the offense of Solicitation solicitation when, with intent that an offense be committed, other than first degree murder, he commands, encourages or requests another to commit that offense.

(b) Penalty.

(1) Except as provided in subsection (b)(2) of this Section, a A person convicted of solicitation may be fined or imprisoned or both not to exceed the maximum provided for the offense solicited: Provided, however, the penalty shall not exceed the corresponding maximum limit provided by subparagraph (c) of Section 8-4 of this Act, as heretofore and hereafter amended.

(2) Solicitation of murder. A person commits the offense of Solicitation of murder when he or she commits Solicitation with the intent that the offense of first degree murder be committed. Solicitation of murder is a Class X felony and a person convicted of such an offense shall be sentenced to a term of imprisonment for a period of not less than 15 years and not more than 30 years, except that in cases where the person solicited was a person under the age of 17 years, the person convicted of solicitation of murder shall be sentenced to a term of imprisonment for a period of not less than 20 years and not more than 60 years.

(Source: P.A. 85-1030.)

(720 ILCS 5/8-2) (from Ch. 38, par. 8-2)

Sec. 8-2. Conspiracy.

(a) Elements of the offense. A person commits conspiracy when, with intent that an offense be committed, he or she agrees with another to the commission of that offense. No person may be convicted of conspiracy to commit an offense unless an act in furtherance of such agreement is alleged and proved to have been committed by him or her or by a co-conspirator.

(b) Co-conspirators.

It shall not be a defense to conspiracy that the person or persons with whom the accused is alleged to have conspired:

(1) Has not been prosecuted or convicted, or

(2) Has been convicted of a different offense, or

(3) Is not amenable to justice, or

(4) Has been acquitted, or

(5) Lacked the capacity to commit an offense.

(c) Sentence.

(1) A person convicted of conspiracy to commit a misdemeanor or any offense set forth in Sections 401, 402, or 407 of the Illinois Controlled Substances Act may be fined or imprisoned or both not to exceed the maximum provided for the offense which is the object of the conspiracy.

(2) Except as provided in subsection (c)(3) of this Section:

(A) the sentence for conspiracy to commit a Class X felony is the sentence for a Class 1 felony;

(B) the sentence for conspiracy to commit a Class 1 felony is the sentence for a Class 2 felony;

(C) the sentence for conspiracy to commit a Class 2 felony is the sentence for a Class 3 felony; and

(D) the sentence for conspiracy to commit a Class 3 or a Class 4 felony is the sentence for a Class A misdemeanor.

(3)(A) Conspiracy to commit , except that if the object is an offense prohibited by Sections 11-15, 11-16, 11-17, 11-19, 24-1(a)(1), 24-1(a)(7), 28-1, 28-3 and 28-4 of the "Criminal Code of 1961", approved July 28, 1961, as amended, or prohibited by Sections 404 or 406 (b) of the "Illinois Controlled Substances Act", enacted by the 77th General Assembly, or an inchoate offense related to any of the aforesaid principal offenses, the person convicted may be sentenced for is a Class 3 felony;

(B) A conspiracy to commit insurance fraud or governmental entity insurance fraud is a Class 2 felony.

(C) Conspiracy however, conspiracy to commit treason, first degree murder, aggravated kidnapping, aggravated criminal sexual assault, or predatory criminal sexual assault of a child, aggravated insurance fraud, or aggravated governmental entity insurance fraud is a Class 1 felony, and conspiracy to commit any offense other than those specified in this subsection, and other than those set forth in Sections 401, 402, or 407 of the Illinois Controlled Substances Act, shall not be sentenced in excess of a Class 4 felony.

(D) Being an organizer of an aggravated insurance fraud conspiracy or being an organizer of an aggravated governmental entity insurance fraud conspiracy is a Class X felony.

(Source: P.A. 94-184, eff. 7-12-05.)

(720 ILCS 5/8-4) (from Ch. 38, par. 8-4)

Sec. 8-4. Attempt.

(a) Elements of the Offense.

A person commits an attempt when, with intent to commit a specific offense, he does any act which constitutes a substantial step toward the commission of that offense.

(b) Impossibility.

It shall not be a defense to a charge of attempt that because of a misapprehension of the circumstances it would have been impossible for the accused to commit the offense attempted.

(c) Sentence.

A person convicted of an attempt may be fined or imprisoned or both not to exceed the maximum provided for the offense attempted but, except for an attempt to commit the offense defined in Section 33A-2 of this Act,

(1) the sentence for attempt to commit first degree murder is the sentence for a Class X felony, except that

(A) an attempt to commit first degree murder when at least one of the aggravating factors specified in paragraphs (1), (2) and (12) of subsection (b) of Section 9-1 is present is a Class X felony for which the sentence shall be a term of imprisonment of not less than 20 years and not more than 80 years;

(B) an attempt to commit first degree murder while armed with a firearm is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court;

(C) an attempt to commit first degree murder during which the person personally discharged a firearm is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court;

(D) an attempt to commit first degree murder during which the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court; .

(E) if the defendant proves by a preponderance of the evidence at sentencing that at the time of the attempted murder, he or she was acting under a sudden and intense passion resulting from serious provocation by the individual whom the defendant endeavored to kill, or another, and, had the individual the defendant endeavored to kill died, the defendant would have negligently or accidentally caused that death, then the sentence for the attempted murder is the sentence for a Class 1 felony.

(2) the sentence for attempt to commit a Class X felony is the sentence for a Class 1 felony;

(3) the sentence for attempt to commit a Class 1 felony is the sentence for a Class 2 felony;

(4) the sentence for attempt to commit a Class 2 felony is the sentence for a Class 3 felony; and

(5) the sentence for attempt to commit any felony other than those specified in subsections (1), (2), (3) and (4) hereof is the sentence for a Class A misdemeanor.

(Source: P.A. 91-404, eff. 1-1-00; 91-696, eff. 4-13-00.)

(720 ILCS 5/9-2) (from Ch. 38, par. 9-2)

Sec. 9-2. Second Degree Murder. (a) A person commits the offense of second degree murder when he commits the offense of first degree murder as defined in paragraphs (1) or (2) of subsection (a) of Section 9-1 of this Code and either of the following mitigating factors are present:

(1) At the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by the individual killed or another whom the offender endeavors to kill, but he negligently or accidentally causes the death of the individual killed; or

(2) At the time of the killing he believes the circumstances to be such that, if they existed, would justify or exonerate the killing under the principles stated in Article 7 of this Code, but his belief is unreasonable.

(b) Serious provocation is conduct sufficient to excite an intense passion in a reasonable person.

(c) When a defendant is on trial for first degree murder and evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented, the burden of proof is on the defendant to prove either mitigating factor by a preponderance of the evidence before the defendant can be found guilty of second degree murder. However, the burden of proof remains on the State to prove beyond a reasonable doubt each of the elements of first degree murder and, when appropriately raised, the absence of circumstances at the time of the killing that would justify or exonerate the killing under the principles stated in Article 7 of this Code. In a jury trial for first degree murder in which evidence of either of the mitigating factors defined in subsection (a) of this Section has been presented and the defendant has requested that the jury be given the option of finding the defendant guilty of second degree murder, the jury must be instructed that it may not consider whether the defendant has met his burden of proof with regard to second degree murder until and unless it has first determined that the State has proven beyond a reasonable doubt each of the elements of first degree murder.

(d) Sentence.

Second Degree Murder is a Class 1 felony.

(Source: P.A. 84-1450.)

(720 ILCS 5/9-3.4) (was 720 ILCS 5/9-3.1)

Sec. 9-3.4 9-3.1. Concealment of homicidal death.

(a) A person commits the offense of Concealment concealment of homicidal death when he or she knowingly conceals the death of any other person with knowledge that such other person has died by homicidal means.

(b) Nothing in this Section prevents the defendant from also being charged with and tried for the first degree murder, second degree murder or involuntary manslaughter of the person whose death is concealed. If a person convicted under this Section is also convicted of first degree murder, second degree murder or involuntary manslaughter, the penalty under this Section shall be imposed separately and in addition to the penalty for first degree murder, second degree murder or involuntary manslaughter.

(b-5) For purposes of this Section:

"Conceal" means the performing of some act or acts for the purpose of preventing or delaying the discovery of a death by homicidal means. "Conceal" means something more than simply withholding knowledge or failing to disclose information.

"Homicidal means" means any act or acts, lawful or unlawful, of a person which cause the death of another person.

(c) Sentence.

Concealment of homicidal death is a Class 3 felony.

(Source: P.A. 84-1308; 84-1450.)

(720 ILCS 5/10-1) (from Ch. 38, par. 10-1)

Sec. 10-1. Kidnapping and aggravated kidnapping.)

(a) Kidnapping. A person commits the offense of kidnapping when he or she occurs when a person knowingly:

(1) And secretly confines another against his or her will, or

(2) By force or threat of imminent force carries another from one place to another with intent secretly to confine him or her against his or her will, or

(3) By deceit or enticement induces another to go from one place to another with intent secretly to confine him or her against his or her will.

(b) Aggravated kidnapping. A person commits the offense of aggravated kidnapping when he or she violates subsection (a) and:

(1) Kidnaps with the intent to obtain ransom from the person kidnapped or from any other person, or

(2) Takes as his or her victim a child under the age of 13 years, or a severely or profoundly mentally retarded person, or

(3) Inflicts great bodily harm, other than by the discharge of a firearm, or commits another felony upon his or her victim, or

(4) Wears a hood, robe or mask or conceals his or her identity, or

(5) Commits the offense of kidnapping while armed with a dangerous weapon, other than a firearm, as defined in Section 33A-1 of this Code, or

(6) Commits the offense of kidnapping while armed with a firearm, or

(7) During the commission of the offense of kidnapping, personally discharged a firearm, or

(8) During the commission of the offense of kidnapping, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

As used in this Section, "ransom" includes money, benefit or other valuable thing or concession.

(c) Sentence. Kidnapping in violation of subsection (a) is a Class 2 felony. Aggravated kidnapping in violation of paragraph (1), (2), (3), (4), or (5) of subsection (b) is a Class X felony. A violation of paragraph (b)(6) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of paragraph (b)(7) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of paragraph (b)(8) is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court. A person who is convicted of a second or subsequent offense of aggravated kidnapping in violation of subsection (b) shall be sentenced to a term of natural life imprisonment; provided, however, that a sentence of natural life imprisonment shall not be imposed under this Section unless the second or subsequent offense was committed after conviction on the first offense.

(d) Confinement of a child under the age of 13 years, or a severely or profoundly mentally retarded person, is against his or her will within the meaning of this Section if such confinement is without the consent of his or her parent or legal guardian.

(c) Sentence.

Kidnapping is a Class 2 felony.

(Source: P.A. 79-765.)

(720 ILCS 5/10-3) (from Ch. 38, par. 10-3)

Sec. 10-3. Unlawful restraint and aggravated unlawful restraint.)

(a) A person commits the offense of unlawful restraint when he or she knowingly without legal authority detains another.

(b) Aggravated unlawful restraint. A person commits the offense of aggravated unlawful restraint when he or she violates subsection (a) while using a deadly weapon.

(c) Sentence. Unlawful restraint under subsection (a) is a Class 4 felony. Aggravated unlawful restraint under subsection (b) is a Class 3 felony.

Unlawful restraint is a Class 4 felony.

(Source: P.A. 79-840.)

(720 ILCS 5/10-5) (from Ch. 38, par. 10-5)

Sec. 10-5. Child abduction Abduction.

(a) For purposes of this Section, the following terms shall have the following meanings:

(1) "Child" means a person under the age of 18 or a severely or profoundly mentally retarded person at the time the alleged violation occurred; and

(2) "Detains" means taking or retaining physical custody of a child, whether or not the child resists or objects; and

(3) "Lawful custodian" means a person or persons granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section be considered a valid court order granting custody to the mother.

(4) "Putative father" means a man who has a reasonable belief that he is the father of a child born of a woman who is not his wife.

(b) A person commits the offense of Child child abduction when he or she:

(1) Intentionally violates any terms of a valid court order granting sole or joint custody, care or possession to another, by concealing or detaining the child or removing the child from the jurisdiction of the court; or

(2) Intentionally violates a court order prohibiting the person from concealing or detaining the child or removing the child from the jurisdiction of the court; or

(3) Intentionally conceals, detains or removes the child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. However, notwithstanding the presumption created by paragraph (3) of subsection (a), a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence; or

(4) Intentionally conceals or removes the child from a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody; or

(5) At the expiration of visitation rights outside the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois; or

(6) Being a parent of the child, and where the parents of such child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15 day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact such child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program; or

(7) Being a parent of the child, and where the parents of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force; or

(8) Knowingly conceals Conceals, detains, or removes the child for payment or promise of payment at the instruction of a person who has no legal right to custody; or

(9) Knowingly retains Retains in this State for 30 days a child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody; or

(10) Intentionally lures or attempts to lure a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child for other than a lawful purpose.

For the purposes of this subsection (b)(10) of this Section, the trier of fact may infer that (b), paragraph (10), the luring or attempted luring of a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place without the consent of the parent or lawful custodian of the child was for shall be prima facie evidence of other than a lawful purpose.

(11) With the intent to obstruct or prevent efforts to locate the child victim of a child abduction, he or she knowingly destroys, alters, conceals or disguises physical evidence or furnishes false information.

(c) It shall be an affirmative defense to subsections (b)(1) through (b)(10) of this Section that:

(1) The person had custody of the child pursuant to a court order granting legal custody or visitation rights which existed at the time of the alleged violation; or

(2) The person had physical custody of the child pursuant to a court order granting legal custody or visitation rights and failed to return the child as a result of circumstances beyond his or her control, and the person notified and disclosed to the other parent or legal custodian the specific whereabouts of the child and a means by which such child can be contacted or made a reasonable attempt to notify the other parent or lawful custodian of the child of such circumstances and make such disclosure within 24 hours after the visitation period had expired and returned the child as soon as possible; or

(3) The person was fleeing an incidence or pattern of domestic violence; or

(4) The person lured or attempted to lure a child under the age of 16 into a motor vehicle, building, housetrailer, or dwelling place for a lawful purpose in prosecutions under subsection (b), paragraph (10).

(d) A person convicted of Child child abduction under this Section is guilty of a Class 4 felony. A person convicted of a second or subsequent violation of subsection (b)(10) paragraph (10) of subsection (b) of this Section is guilty of a Class 3 felony. It shall be a factor in aggravation under subsections (b)(1) through (b)(10) of this Section for which a court may impose a more severe sentence under Section 5-8-1 of the Unified Code of Corrections, if upon sentencing the court finds evidence of any of the following aggravating factors:

(1) that the defendant abused or neglected the child following the concealment, detention or removal of the child; or

(2) that the defendant inflicted or threatened to inflict physical harm on a parent or lawful custodian of the child or on the child with intent to cause such parent or lawful custodian to discontinue criminal prosecution of the defendant under this Section; or

(3) that the defendant demanded payment in exchange for return of the child or demanded that he or she be relieved of the financial or legal obligation to support the child in exchange for return of the child; or

(4) that the defendant has previously been convicted of child abduction; or

(5) that the defendant committed the abduction while armed with a deadly weapon or the taking of the child resulted in serious bodily injury to another; or

(6) that the defendant committed the abduction while in a school, regardless of the time of day or time of year; in a playground; on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity; on the real property of a school; or on a public way within 1,000 feet of the real property comprising any school or playground. For purposes of this paragraph (6), "playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation; and "school" means a public or private elementary or secondary school, community college, college, or university.

(e) The court may order the child to be returned to the parent or lawful custodian from whom the child was concealed, detained or removed. In addition to any sentence imposed, the court may assess any reasonable expense incurred in searching for or returning the child against any person convicted of violating this Section.

(f) Nothing contained in this Section shall be construed to limit the court's contempt power.

(g) Every law enforcement officer investigating an alleged incident of child abduction shall make a written police report of any bona fide allegation and the disposition of such investigation. Every police report completed pursuant to this Section shall be compiled and recorded within the meaning of Section 5.1 of "An Act in relation to criminal identification and investigation", approved July 2, 1931, as now or hereafter amended.

(h) Whenever a law enforcement officer has reasons to believe a child abduction has occurred, he shall provide the lawful custodian a summary of her or his rights under this Act, including the procedures and relief available to her or him.

(i) If during the course of an investigation under this Section the child is found in the physical custody of the defendant or another, the law enforcement officer shall return the child to the parent or lawful custodian from whom the child was concealed, detained or removed, unless there is good cause for the law enforcement officer or the Department of Children and Family Services to retain temporary protective custody of the child pursuant to the Abused and Neglected Child Reporting Act, as now or hereafter amended.

(Source: P.A. 92-434, eff. 1-1-02.)

(720 ILCS 5/10-5.5)

Sec. 10-5.5. Unlawful visitation interference.

(a) As used in this Section, the terms "child", "detain", and "lawful custodian" shall have the meanings ascribed to them in Section 10-5 of this Code.

(b) Every person who, in violation of the visitation provisions of a court order relating to child custody, detains or conceals a child with the intent to deprive another person of his or her rights to visitation shall be guilty of unlawful visitation interference.

(c) A person committing unlawful visitation interference is guilty of a petty offense. However, any person violating this Section after 2 prior convictions of unlawful visitation interference is guilty of a Class A misdemeanor.

(d) Any law enforcement officer who has probable cause to believe that a person has committed or is committing an act in violation of this Section shall issue to that person a notice to appear.

(e) The notice shall:

(1) be in writing;

(2) state the name of the person and his address, if known;

(3) set forth the nature of the offense;

(4) be signed by the officer issuing the notice; and

(5) request the person to appear before a court at a certain time and place.

(f) Upon failure of the person to appear, a summons or warrant of arrest may be issued.

(g) It is an affirmative defense that:

(1) a person or lawful custodian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that there was physical harm imminent was reasonable and that the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed imminent;

(2) the act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or

(3) the act was otherwise authorized by law.

(h) A person convicted of unlawful visitation interference shall not be subject to a civil contempt citation for the same conduct for violating visitation provisions of a court order issued under the Illinois Marriage and Dissolution of Marriage Act.

(Source: P.A. 88-96.)

(720 ILCS 5/10-9 new)

Sec. 10-9. Trafficking in persons and involuntary servitude related offenses.

(a) Definitions. For purposes of this Section, these words have the following meanings:

"Intimidation" has the meaning prescribed in Section 12-6.

"Commercial sexual activity" means any sex act on account of which anything of value is given, promised to, or received by any person.

"Financial harm" includes intimidation that brings about financial loss, criminal usury, or employment contracts that violate the Frauds Act.

"Forced labor or services" means labor or services that are performed or provided by another person and are obtained or maintained through:

(1) any scheme, plan, or pattern intending to cause or threatening to cause serious harm to any person;

(2) an actor's physically restraining or threatening to physically restrain another person;

(3) an actor's abusing or threatening to abuse the law or legal process;

(4) an actor's knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;

(5) an actor's blackmail; or

(6) an actor's causing or threatening to cause financial harm to or exerting financial control over any person.

"Labor" means work of economic or financial value.

"Maintain" means, in relation to labor or services, to secure continued performance thereof, regardless of any initial agreement on the part of the victim to perform such type of service.

"Obtain" means, in relation to labor or services, to secure performance thereof.

"Services" means a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity and sexually-explicit performances are forms of "services" under this Section. Nothing in this provision should be construed to legitimize or legalize prostitution.

"Sexually-explicit performance" means a live, recorded, broadcast (including over the Internet) or public act or show intended to arouse or satisfy the sexual desires or appeal to the prurient interests of patrons.

"Trafficking victim" means a person subjected to the practices set forth in involuntary servitude sexual servitude of a minor, or trafficking of persons for forced labor or services.

(b) Involuntary servitude. A person commits the offense of involuntary servitude when he or she knowingly subjects, attempts to subject, or engages in a conspiracy to subject another person to forced labor or services and (1) uses intimidation, or using or threatening to cause financial harm to or by exerting financial control over any person; or (2) knowingly destroys, conceals, removes, confiscates or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person; or (3) abuses or threatens to abuse the law or legal process; or (4) physically restrains or threatens to physically restrain another person; or (5) causes or threatens to cause physical harm to any person.

(c) Sentence. A violation of subsection: (b)(1) is a Class 4 felony; (b)(2) is a Class 3 felony; (b)(3) is a Class 2 felony; (b)(4) is a Class 1 felony; (b)(5) is a Class X felony.

(d) Involuntary sexual servitude of a minor. A person commits the offense of involuntary sexual servitude of a minor when he or she knowingly recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, provide, or obtain by any means, another person under 18 years of age, knowing that the minor will engage in commercial sexual activity, a sexually-explicit performance, or the production of pornography, or causes or attempts to cause a minor to engage in such activities.

(e) Sentence. A violation of subsection (d) which does not involve overt force or threat, if the minor is 17 or 18 years old, is a Class 1 felony. If the minor is under 17 years old a violation is a Class X felony. A violation of subsection (d) which involves overt force or threat is a Class X felony.

(f) Trafficking in persons for forced labor or services. A person commits the offense of trafficking in persons for forced labor or services when he or she knowingly: (1) recruits, entices, harbors, transports, provides, or obtains by any means, or attempts to recruit, entice, harbor, transport, provide, or obtain by any means, another person, intending or knowing that the person will be subjected to forced labor or services; or (2) benefits, financially or by receiving anything of value, from participation in a venture which has engaged in an act of Involuntary servitude or Sexual involuntary servitude of a minor.

(g) Sentence. A violation of subsection (f) is a Class 1 felony.

(h) Aggravating factors. A violation of this Section involving kidnapping or an attempt to kidnap, aggravated criminal sexual assault or the attempt to commit aggravated criminal sexual assault, or an attempt to commit first degree murder is a Class X felony.

(i) Sentencing considerations for courts.

(1) Bodily injury. If, pursuant to a violation of this Statute, a victim suffered bodily injury, the defendant may be sentenced to an extended term sentence under Section 5-8-2 of the Unified Code of Corrections. The sentencing court must take into account the time in which the victim was held in servitude, with increased penalties for cases in which the victim was held for between 180 days and one year, and increased penalties for cases in which the victim was held for more than one year.

(2) Number of victims. In determining sentences within statutory maximums, the sentencing court should take into account the number of victims, and may provide for substantially-increased sentences in cases involving more than 10 victims.

(j) Restitution. Restitution is mandatory under this Section. In addition to any other amount of loss identified, the court shall order restitution including the greater of (1) the gross income or value to the defendant of the victim's labor or services or (2) the value of the victim's labor as guaranteed under the Minimum Wage Law and overtime provisions of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law whichever is greater.

(k) Trafficking victim services. Subject to the availability of funds, the Department of Human Services may provide or fund emergency services and assistance to individuals who are victims of one or more offenses defined in this Section 10-9.

(l) Certification. The Attorney General, State's Attorneys, or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this Section has begun and the individual who is a likely victim of a crime described in this Section is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this Section who are under 18 years of age. This certification shall be made available to the victim and his or her designated legal representative.

(720 ILCS 5/11-0.5 new)

Sec. 11-0.5. Definitions. Unless expressly provided otherwise, the definitions contained in this Section apply to this Article 11.

"Accused". For the purposes of Sections 11-25, 11-30, 11-35, 11-40, and 11-45, "accused" means a person accused of an offense prohibited by Section 11-25, 11-30, or 11-35 of this Code or a person for whose conduct the accused is legally responsible under Article 5 of this Code.

"Actual knowledge". For purposes of Section 11-6.15, Permitting sexual abuse of a child, "actual knowledge" includes credible allegations made by the child.

"Adult obscenity or child pornography Internet site." For the purposes of Section 11-6.125, "adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in this Section or that is child pornography as defined in this Section.

"Arranges". For the purposes of Section 11-6.5, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means.

"Bodily harm". For the purposes of Sections 11-6.35 through 11-6.45, "bodily harm" means physical harm, and includes, but is not limited to, sexually transmitted disease, pregnancy, and impotence.

"Child". For the purposes of Section 11-6.10, "child" means a person under 17 years of age.

"Child pornography". For the purposes of Section 11-6.115, "child pornography" includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child pornography" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18.

"Computer"; "computer program"; "data". For the purposes of Section 11-6.115, "computer", "computer program", and "data" have the meanings ascribed to them in Section 15-0.5 of this Code.

"Conditional release". "Conditional release" means a program of treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act.

"Consent". For the purposes of Section 11-6.55, "consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

"Custody". "Custody" means:

(a) pretrial incarceration or detention;

(b) incarceration or detention under a sentence or commitment to a State or local penal institution;

(c) parole or mandatory supervised release;

(d) electronic home detention;

(e) probation;

(f) detention or civil commitment either in secure care or in the community under the Sexually Violent Persons Commitment Act.

"Depict by computer". For the purposes of Section 11-6.115, "depict by computer" means to generate or create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

"Depiction by computer". For the purposes of Section 11-6.115, "depiction by computer" means a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

"Disseminate". For the purposes of Sections 11-6.110 and 11-6.115, "disseminate" means (i) to sell, distribute, exchange, or transfer possession, whether with or without consideration, or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.

"Distribute". For the purposes of Section 11-6.120, "distribute" means to transfer possession of, whether with or without consideration.

"Employee". For the purpose of Section 11-6.65, Custodial sexual misconduct, "employee" means:

(a) an employee of any governmental agency of this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civil committed under the Sexually Violent Persons Commitment Act;

(b) a contractual employee of a penal system as defined in this Section who works in a penal institution as defined in Section 2-14 of this Code;

(c) a contractual employee of a "treatment and detention facility" as defined in this Section or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in this Section.

"Family member". For the purposes of Sections 11-6.35 through 11-6.45, "family member" means a parent, grandparent, or child, whether by whole blood, half-blood, or adoption, and includes a step-grandparent, step-parent, or step-child. "Family member" also means, where the victim is a child under 18 years of age, an accused who has resided in the household with such child continuously for at least one year.

"Force or threat of force". For the purposes of Sections 11-6.35 through 11-6.45, "force or threat of force" means the use of force or violence, or the threat of force or violence, including, but not limited to, the following situations:

(1) when the accused threatens to use force or violence on the victim or on any other person, and the victim under the circumstances reasonably believes that the accused has the ability to execute that threat; or

(2) when the accused has overcome the victim by use of superior strength or size, physical restraint, or physical confinement.

"Harmful to minors". For the purposes of Section 11-6.120, "harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it:

(1) predominately appeals to the prurient interest in sex of minors;

(2) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors; and

(3) lacks serious literary, artistic, political, or scientific value for minors.

"HIV". "HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.

"Internet". "Internet" means an interactive computer service or system or an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, and includes, but is not limited to, an information service, system, or access software provider that provides access to a network system commonly known as the Internet, or any comparable system or service and also includes, but is not limited to, a World Wide Web page, newsgroup, message board, mailing list, or chat area on any interactive computer service or system or other online service.

"Intimate contact with another". "Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV.

"Intravenous or intramuscular drug paraphernalia". "Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.

"Knowingly". For the purposes of Section 11-6.120, "knowingly" means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.

"Material". For the purposes of Section 11-6.120, "material" means (i) any picture, photograph, drawing, sculpture, film, video game, computer game, video, or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.

"Minor". For the purposes of Section 11-6.120, "minor" means any person under the age of 18. "Nudity". For the purposes of Section 11-6.120, "nudity" means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

"Obscene". Any material or performance is "obscene" if:

(1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and

(2) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sado-masochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions, or lewd exhibition of the genitals; and

(3) taken as a whole, it lacks serious literary, artistic, political, or scientific value.

"Penal system." "Penal system" means any system which includes institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.

"Person responsible for the child's welfare". "Person responsible for the child's welfare" means the child's parent, step-parent, legal guardian, or other person having custody of a child, who is responsible for the child's care at the time of the alleged sexual abuse.

"Probation officer". "Probation officer" means any person employed in a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.

"Produce". For the purposes of Section 11-6.115, "produce" means to direct, promote, advertise, publish, manufacture, issue, present, or show.

"Reproduce". For the purposes of Section 11-6.115, "reproduce" means to make a duplication or copy.

"Sado-masochistic abuse". For the purposes of Section 11-6.120, "sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.

"Sex offense". For the purposes of Section 11-6.10, "sex offense" means any violation of Article 11 of this Code or a violation of Section 12-6.50 of this Code.

"Sexual abuse". For purposes of Section 11-6.15, Permitting sexual abuse of a child, "sexual abuse" includes Criminal sexual assault, Aggravated criminal sexual assault, Predatory sexual assault of a child, Criminal sexual abuse or Aggravated criminal sexual abuse.

"Sexual act". For the purposes of Section 11-6.10, "sexual act" means masturbation, sexual conduct or sexual penetration as defined in this Section.

"Sexual conduct".

(a) For the purposes of Section 11-6.120, "sexual conduct" means acts of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

(b) For the purposes of Sections 11-6.35 through 11-6.45, "sexual conduct" means any knowing touching or fondling by the victim or the accused, either directly or through clothing, of the sex organs, anus, or breast of the victim or the accused, or any part of the body of a child under 13 years of age, or any transfer or transmission of semen by the accused upon any part of the clothed or unclothed body of the victim, for the purpose of sexual gratification or arousal of the victim or the accused.

"Sexual excitement". For the purposes of Section 11-6.120, "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

"Sexual penetration". For the purposes of Sections 11-6.35 through 11-6.45, "sexual penetration" means any contact, however slight, between the sex organ or anus of one person by an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including but not limited to cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration.

"Solicit". For the purposes of Section 11-6, Indecent solicitation of a child, "solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.

"Supervising officer". "Supervising officer" means any person employed to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections.

"Surveillance agent". "Surveillance agent" means any person employed or contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.

"Treatment and detention facility". "Treatment and detention facility" means any Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.

"Victim". For the purposes of Sections 11-6.35 through 11-6.45, "victim" means a person alleging to have been subjected to an offense prohibited by Section 11-6.35 or 11-6.45 of this Code.

(720 ILCS 5/11-6) (from Ch. 38, par. 11-6)

Sec. 11-6. Indecent solicitation of a child.

(a) A person of the age of 17 years and upwards commits the offense of indecent solicitation of a child if the person, with the intent that the offense of aggravated criminal sexual assault, criminal sexual assault, predatory criminal sexual assault of a child, or aggravated criminal sexual abuse be committed, knowingly solicits a child or one whom he or she believes to be a child to perform an act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code.

(b) Definitions. As used in this Section:

"Solicit" means to command, authorize, urge, incite, request, or advise another to perform an act by any means including, but not limited to, in person, over the phone, in writing, by computer, or by advertisement of any kind.

"Child" means a person under 17 years of age.

(c) Sentence. Indecent solicitation of a child is:

(1) a Class 1 felony when the act, if done, would be predatory criminal sexual assault of a child or aggravated criminal sexual assault;

(2) a Class 2 felony when the act, if done, would be criminal sexual assault;

(3) a Class 3 felony when the act, if done, would be aggravated criminal sexual abuse.

(Source: P.A. 91-226, eff. 7-22-99.)

(720 ILCS 5/11-6.5)

Sec. 11-6.5. Indecent solicitation of an adult.

(a) A person commits indecent solicitation of an adult if the person knowingly:

(1) Arranges for a person 17 years of age or over to commit an act of sexual penetration as defined in Section 11-0.5 12-12 with a person:

(i) Under the age of 13 years; or

(ii) Thirteen years of age or over but under the age of 17 years; or

(2) Arranges for a person 17 years of age or over to commit an act of sexual conduct as defined in Section 11-0.5 12-12 with a person:

(i) Under the age of 13 years; or

(ii) Thirteen years of age or older but under the age of 17 years.

(b) Sentence.

(1) Violation of paragraph (a)(1)(i) is a Class X felony.

(2) Violation of paragraph (a)(1)(ii) is a Class 1 felony.

(3) Violation of paragraph (a)(2)(i) is a Class 2 felony.

(4) Violation of paragraph (a)(2)(ii) is a Class A misdemeanor.

(c) (Blank). For the purposes of this Section, "arranges" includes but is not limited to oral or written communication and communication by telephone, computer, or other electronic means. "Computer" has the meaning ascribed to it in Section 16D-2 of this Code.

(Source: P.A. 88-165; 89-203, eff. 7-21-95.)

(720 ILCS 5/11-6.10) (was 720 ILCS 5/11-9.1)

Sec. 11-6.10 11-9.1. Sexual exploitation of a child.

(a) Any person commits sexual exploitation of a child if in the presence of a child and with intent or knowledge that a child would view his or her acts, that person:

(1) engages in a sexual act; or

(2) exposes his or her sex organs, anus or breast for the purpose of sexual arousal or gratification of such person or the child.

(a-5) A person commits sexual exploitation of a child who knowingly entices, coerces, or persuades a child to remove the child's clothing for the purpose of sexual arousal or gratification of the person or the child, or both.

(b) (Blank). Definitions. As used in this Section:

"Sexual act" means masturbation, sexual conduct or sexual penetration as defined in Section 12-12 of this Code.

"Sex offense" means any violation of Article 11 of this Code or a violation of Section 12-13, 12-14, 12-14.1, 12-15, 12-16, or 12-16.2 of this Code.

"Child" means a person under 17 years of age.

(c) Sentence.

(1) Sexual exploitation of a child is a Class A misdemeanor. A second or subsequent violation of this Section or a substantially similar law of another state is a Class 4 felony.

(2) Sexual exploitation of a child is a Class 4 felony if the person has been previously convicted of a sex offense.

(3) Sexual exploitation of a child is a Class 4 felony if the victim was under 13 years of age at the time of the commission of the offense.

(Source: P.A. 94-140, eff. 7-7-05.)

(720 ILCS 5/11-6.15 new)

Sec. 11-6.15. Permitting sexual abuse of a child.

(a) A person responsible for a child's welfare commits the offense of Permitting sexual abuse of a child if he or she has actual knowledge of and permits an act of sexual abuse upon the child, or permits the child to engage in prostitution as defined in Section 11-14 of the Criminal Code of 1961.

(b) This Section does not apply to a person responsible for the child's welfare who, having reason to believe that sexual abuse has occurred, makes timely and reasonable efforts to stop the sexual abuse by reporting the sexual abuse in conformance with the Abused and Neglected Child Reporting Act or by reporting the sexual abuse, or causing a report to be made, to medical or law enforcement authorities or anyone who is a mandated reporter under Section 4 of the Abused and Neglected Child Reporting Act.

(c) Whenever a law enforcement officer has reason to believe that the child or the person responsible for the child's welfare has been abused by a family or household member as defined by the Illinois Domestic Violence Act of 1986, the officer shall immediately use all reasonable means to prevent further abuse under Section 112A-30 of the Code of Criminal Procedure of 1963.

(d) An order of protection under Section 111-8 of the Code of Criminal Procedure of 1963 shall be sought in all cases where there is reason to believe that a child has been sexually abused by a family or household member. In considering appropriate available remedies, it shall be presumed that awarding physical care or custody to the abuser is not in the child's best interest.

(e) A person may not be charged with the offense of Permitting sexual abuse of a child under this Section until the person who committed the offense is charged with Criminal sexual assault, Aggravated criminal sexual assault, Predatory criminal sexual assault of a child, Criminal sexual abuse, Aggravated criminal sexual abuse, or Prostitution.

(f) A person convicted of permitting the sexual abuse of a child is guilty of a Class 1 felony. As a condition of any sentence of supervision, probation, conditional discharge, or mandatory supervised release, any person convicted under this Section shall be ordered to undergo child sexual abuse, domestic violence, or other appropriate counseling for a specified duration with a qualified social or mental health worker.

(g) It is an affirmative defense to a charge of permitting sexual abuse of a child under this Section that the person responsible for the child's welfare had a reasonable apprehension that timely action to stop the abuse or prostitution would result in the imminent infliction of death, great bodily harm, permanent disfigurement, or permanent disability to that person or another in retaliation for reporting.

(720 ILCS 5/11-6.20) (was 720 ILCS 5/11-9)

Sec. 11-6.20 11-9. Public indecency.

(a) Any person of the age of 17 years and upwards who performs any of the following acts in a public place commits a public indecency:

(1) An act of sexual penetration or sexual conduct as defined in Section 12-12 of this Code; or

(2) A lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of the person.

Breast-feeding of infants is not an act of public indecency.

(b) "Public place" for purposes of this Section means any place where the conduct may reasonably be expected to be viewed by others.

(c) Sentence.

Public indecency is a Class A misdemeanor. A person convicted of a third or subsequent violation for public indecency is guilty of a Class 4 felony.

(Source: P.A. 91-115, eff. 1-1-00.)

(720 ILCS 5/11-6.25 new)

Sec. 11-6.25. Bigamy and Marrying a bigamist.

(a) Bigamy. A person commits the offense of Bigamy when that person has a husband or wife and subsequently knowingly marries another.

(b) Marrying a bigamist. A person commits the offense of Marrying a bigamist when an unmarried person knowingly marries another under circumstances known to him or her which would render the other person guilty of bigamy under the laws of this State.

(c) Sentence. Bigamy is a Class 4 felony. Marrying a bigamist is a Class A misdemeanor.

(d) It shall be an affirmative defense to Bigamy and Marrying a bigamist that:

(1) The prior marriage was dissolved or declared invalid; or

(2) The accused reasonably believed the prior spouse to be dead; or

(3) The prior spouse had been continually absent for a period of 5 years during which time the accused did not know the prior spouse to be alive; or

(4) The accused reasonably believed that he or she, or the person he or she marries, was legally eligible to be married.

(720 ILCS 5/11-6.30) (was 720 ILCS 5/11-11)

Sec. 11-6.30 11-11. Sexual Relations Within Families. (a) A person commits sexual relations within families if he or she:

(1) Commits an act of sexual penetration as defined in Section 12-12 of this Code; and

(2) The person knows that he or she is related to the other person as follows: (i) Brother or sister, either of the whole blood or the half blood; or (ii) Father or mother, when the child, regardless of legitimacy and regardless of whether the child was of the whole blood or half-blood or was adopted, was 18 years of age or over when the act was committed; or (iii) Stepfather or stepmother, when the stepchild was 18 years of age or over when the act was committed.

(b) Sentence. Sexual relations within families is a Class 3 felony.

(Source: P.A. 84-1280.)

(720 ILCS 5/11-6.35 new)

Sec. 11-6.35. Criminal sexual assault and aggravated criminal sexual assault.

(a) Criminal sexual assault. A person commits the offense of Criminal sexual assault if he or she:

(1) commits an act of sexual penetration by the use of force or threat of force; or

(2) commits an act of sexual penetration and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent; or

(3) commits an act of sexual penetration with a victim who was under 18 years of age when the act was committed and the accused was a family member; or

(4) commits an act of sexual penetration with a victim who was at least 13 years of age but under 18 years of age when the act was committed and the accused was 17 years of age or over and held a position of trust, authority or supervision in relation to the victim.

(b) Aggravated criminal sexual assault.

(1) A person commits the offense of Aggravated criminal sexual assault if he or she commits criminal sexual assault and any of the following aggravating circumstances existed during, or for the purposes of paragraph (G) of this subsection (b)(1) as part of the same course of conduct as, the commission of the offense:

(A) he or she displayed, threatened to use, or used a dangerous weapon, other than a firearm, or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or

(B) he or she caused bodily harm, except as provided in subparagraph (b)(1)(J), to the victim; or

(C) he or she acted in such a manner as to threaten or endanger the life of the victim or any other person; or

(D) the criminal sexual assault was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or

(E) the victim was 60 years of age or over when the offense was committed; or

(F) the victim was a physically handicapped person; or

(G) he or she delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance; or

(H) he or she was armed with a firearm; or

(I) he or she personally discharged a firearm during the commission of the offense; or

(J) he or she, during the commission of the offense, personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person.

(2) A person commits the offense of Aggravated criminal sexual assault if he or she is under 17 years of age at the time of the offense and (i) commits an act of sexual penetration with a victim who is under 9 years of age when the act is committed or (ii) commits an act of sexual penetration with a victim who is at least 9 years of age but under 13 years of age when the act is committed and the accused uses force or threat of force to commit the act.

(3) A person commits the offense of Aggravated criminal sexual assault if he or she commits an act of sexual penetration with a victim who is a severely or profoundly mentally retarded person at the time the act is committed.

(c) Sentence.

(1) Criminal sexual assault. Criminal sexual assault is a Class 1 felony; however:

(A) A person who is convicted of the offense of Criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of Criminal sexual assault, or who is convicted of the offense of Criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of Criminal sexual assault, commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 30 years and not more than 60 years. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

(B) A person who is convicted of the offense of Criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted of the offense of Aggravated criminal sexual assault or the offense of Predatory criminal sexual assault of a child, or who is convicted of the offense of Criminal sexual assault as defined in paragraph (a)(1) or (a)(2) after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of Aggravated criminal sexual assault or the offense of Predatory criminal sexual assault of a child shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (c)(1)(B) to apply.

(C) A second or subsequent conviction for a violation of paragraph (a)(3) or (a)(4) or under any similar statute of this State or any other state for any offense involving Criminal sexual assault that is substantially equivalent to or more serious than the sexual assault prohibited under paragraph (a)(3) or (a)(4) is a Class X felony.

(2) Aggravated criminal sexual assault.

(A) Aggravated criminal sexual assault in violation of any one of paragraphs (b)(1)(B) through (b)(1)(G) or in violation of paragraph (b)(2) or (b)(3) is a Class X felony. A violation of paragraph (b)(1)(A) is a Class X felony for which 10 years shall be added to the term of imprisonment imposed by the court. A violation of subsection (b)(1)(H) is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A violation of paragraph (b)(1)(I) is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A violation of paragraph (b)(1)(J) is a Class X felony for which 25 years or up to a term of natural life imprisonment shall be added to the term of imprisonment imposed by the court.

(B) A person who is convicted of a second or subsequent offense of Aggravated criminal sexual assault, or who is convicted of the offense of Aggravated criminal sexual assault after having previously been convicted of the offense of Criminal sexual assault or the offense of Predatory criminal sexual assault of a child, or who is convicted of the offense of Aggravated criminal sexual assault after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of Criminal sexual assault, the offense of Aggravated criminal sexual assault or the offense of Predatory criminal sexual assault of a child, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (c)(2)(B) to apply.

(720 ILCS 5/11-6.40) (was 720 ILCS 5/12-14.1)

Sec. 11-6.40 12-14.1. Predatory criminal sexual assault of a child.

(a) The accused commits predatory criminal sexual assault of a child if:

(1) the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed; or

(1.1) the accused was 17 years of age or over and, while armed with a firearm, commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed; or

(1.2) the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and, during the commission of the offense, the accused personally discharged a firearm; or

(2) the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and the accused caused great bodily harm to the victim that:

(A) resulted in permanent disability; or

(B) was life threatening; or

(3) the accused was 17 years of age or over and commits an act of sexual penetration with a victim who was under 13 years of age when the act was committed and the accused delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

(b) Sentence.

(1) A person convicted of a violation of subsection (a)(1) commits a Class X felony. A person convicted of a violation of subsection (a)(1.1) commits a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(1.2) commits a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court. A person convicted of a violation of subsection (a)(2) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years or up to a term of natural life imprisonment.

(1.1) A person convicted of a violation of subsection (a)(3) commits a Class X felony for which the person shall be sentenced to a term of imprisonment of not less than 50 years and not more than 60 years.

(1.2) A person convicted of predatory criminal sexual assault of a child committed against 2 or more persons regardless of whether the offenses occurred as the result of the same act or of several related or unrelated acts shall be sentenced to a term of natural life imprisonment.

(2) A person who is convicted of a second or subsequent offense of predatory criminal sexual assault of a child, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted of the offense of criminal sexual assault or the offense of aggravated criminal sexual assault, or who is convicted of the offense of predatory criminal sexual assault of a child after having previously been convicted under the laws of this State or any other state of an offense that is substantially equivalent to the offense of predatory criminal sexual assault of a child, the offense of aggravated criminal sexual assault or the offense of criminal sexual assault, shall be sentenced to a term of natural life imprisonment. The commission of the second or subsequent offense is required to have been after the initial conviction for this paragraph (2) to apply.

(Source: P.A. 91-238, eff. 1-1-00; 91-404, eff. 1-1-00; 92-16, eff. 6-28-01.)

(720 ILCS 5/11-6.45 new)

Sec. 11-6.45. Criminal sexual abuse and Aggravated criminal sexual abuse.

(a) Criminal sexual abuse.

(1) A person commits the offense of Criminal sexual abuse if he or she:

(A) commits an act of sexual conduct by the use of force or threat of force; or

(B) commits an act of sexual conduct and the accused knew that the victim was unable to understand the nature of the act or was unable to give knowing consent.

(2) A person commits the offense of Criminal sexual abuse if he or she was under 17 years of age and commits an act of sexual penetration or sexual conduct with a victim who was at least 9 years of age but under 17 years of age when the act was committed.

(3) A person commits the offense of Criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who was at least 13 years of age but under 17 years of age and the accused was less than 5 years older than the victim.

(b) Aggravated criminal sexual abuse.

(1) A person commits the offense of Aggravated criminal sexual abuse if he or she commits criminal sexual abuse as defined in subsection (a) of this Section and any of the following aggravating circumstances existed during, or for the purposes of paragraph (G) of this paragraph (b)(1) as part of the same course of conduct as, the commission of the offense:

(A) he or she displayed, threatened to use or used a dangerous weapon or any object fashioned or utilized in such a manner as to lead the victim under the circumstances reasonably to believe it to be a dangerous weapon; or

(B) he or she caused bodily harm to the victim; or

(C) the victim was 60 years of age or over when the offense was committed; or

(D) the victim was a physically handicapped person; or

(E) he or she acted in such a manner as to threaten or endanger the life of the victim or any other person; or

(F) the criminal sexual abuse was perpetrated during the course of the commission or attempted commission of any other felony by the accused; or

(G) he or she delivered (by injection, inhalation, ingestion, transfer of possession, or any other means) to the victim without his or her consent, or by threat or deception, and for other than medical purposes, any controlled substance.

(2) A person commits the offense of Aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who is under 18 years of age when the act is committed and the accused is a family member.

(3) A person commits the offense of Aggravated criminal sexual abuse if: (A) he or she is 17 years of age or over at the time of the offense and (i) commits an act of sexual conduct with a victim who is under 13 years of age when the act is committed or (ii) commits an act of sexual conduct with a victim who is at least 13 years of age but under 17 years of age when the act is committed and the accused uses force or threat of force to commit the act; or (B) he or she is under 17 years of age at the time of the offense and (i) commits an act of sexual conduct with a victim who is under 9 years of age when the act is committed or (ii) commits an act of sexual conduct with a victim who is at least 9 years of age but under 17 years of age when the act is committed and the accused uses force or threat of force to commit the act.

(4) A person commits the offense of Aggravated criminal sexual abuse if he or she commits an act of sexual penetration or sexual conduct with a victim who is at least 13 years of age but under 17 years of age when the act is committed and the accused is at least 5 years older than the victim when the act is committed.

(5) A person commits the offense of Aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who is a severely or profoundly mentally retarded person at the time the act is committed.

(6) A person commits the offense of Aggravated criminal sexual abuse if he or she commits an act of sexual conduct with a victim who is at least 13 years of age but under 18 years of age when the act is committed and the accused is 17 years of age or over when the act is committed and holds a position of trust, authority or supervision in relation to the victim.

(c) Sentence.

(1) Criminal sexual abuse. Criminal sexual abuse for a violation of paragraph (a)(2) or (a)(3) of this Section is a Class A misdemeanor. Criminal sexual abuse for a violation of paragraph (a)(1)(A) or (a)(1)(B) of this Section is a Class 4 felony. A second or subsequent conviction for a violation of paragraph (a)(1) of this Section is a Class 2 felony. For purposes of this Section, it is a second or subsequent conviction if the accused has at any time been convicted under this Section or under any similar statute of this State or any other state for any offense involving sexual abuse or sexual assault that is substantially equivalent to or more serious than the sexual abuse prohibited under this Section.

(2) Aggravated criminal sexual abuse. Aggravated criminal sexual abuse is a Class 2 felony.

(720 ILCS 5/11-6.50) (was 720 ILCS 5/12-16.2)

Sec. 11-6.50 12-16.2. Criminal Transmission of HIV. (a) A person commits criminal transmission of HIV when he or she, knowing that he or she is infected with HIV:

(1) engages in intimate contact with another;

(2) transfers, donates, or provides his or her blood, tissue, semen, organs, or other potentially infectious body fluids for transfusion, transplantation, insemination, or other administration to another; or

(3) dispenses, delivers, exchanges, sells, or in any other way transfers to another any nonsterile intravenous or intramuscular drug paraphernalia.

(b) (Blank). For purposes of this Section:

"HIV" means the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome.

"Intimate contact with another" means the exposure of the body of one person to a bodily fluid of another person in a manner that could result in the transmission of HIV.

"Intravenous or intramuscular drug paraphernalia" means any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.

(c) Nothing in this Section shall be construed to require that an infection with HIV has occurred in order for a person to have committed criminal transmission of HIV.

(d) It shall be an affirmative defense that the person exposed knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and consented to the action with that knowledge.

(e) A person who commits criminal transmission of HIV commits a Class 2 felony.

(Source: P.A. 86-897.)

(720 ILCS 5/11-6.55) (was 720 ILCS 5/12-17)

Sec. 11-6.55 12-17. Defenses.

(a) It shall be a defense to any offense under Section 12-13 through 12-16 of this Code where force or threat of force is an element of the offense that the victim consented. "Consent" means a freely given agreement to the act of sexual penetration or sexual conduct in question. Lack of verbal or physical resistance or submission by the victim resulting from the use of force or threat of force by the accused shall not constitute consent. The manner of dress of the victim at the time of the offense shall not constitute consent.

(b) It shall be a defense under subsection (b) and subsection (c) of Section 12-15 and subsection (d) of Section 12-16 of this Code that the accused reasonably believed the person to be 17 years of age or over.

(c) A person who initially consents to sexual penetration or sexual conduct is not deemed to have consented to any sexual penetration or sexual conduct that occurs after he or she withdraws consent during the course of that sexual penetration or sexual conduct.

(Source: P.A. 93-389, eff. 7-25-03.)

(720 ILCS 5/11-6.60) (was 720 ILCS 5/12-18)

Sec. 11-6.60 12-18. General Provisions.

(a) No person accused of violating Sections 11-6.35 through 11-6.45 12-13, 12-14, 12-15 or 12-16 of this Code shall be presumed to be incapable of committing an offense prohibited by Sections 11-6.35 through 11-6.45 12-13, 12-14, 12-14.1, 12-15 or 12-16 of this Code because of age, physical condition or relationship to the victim, except as otherwise provided in subsection (c) of this Section. Nothing in this Section shall be construed to modify or abrogate the affirmative defense of infancy under Section 6-1 of this Code or the provisions of Section 5-805 of the Juvenile Court Act of 1987.

(b) Any medical examination or procedure which is conducted by a physician, nurse, medical or hospital personnel, parent, or caretaker for purposes and in a manner consistent with reasonable medical standards is not an offense under Sections 12-13, 12-14, 12-14.1, 12-15 and 12-16 of this Code.

(c) (Blank).

(d) (Blank).

(e) After a finding at a preliminary hearing that there is probable cause to believe that an accused has committed a violation of Section 12-13, 12-14, or 12-14.1 of this Code, or after an indictment is returned charging an accused with a violation of Section 12-13, 12-14, or 12-14.1 of this Code, or after a finding that a defendant charged with a violation of Section 12-13, 12-14, or 12-14.1 of this Code is unfit to stand trial pursuant to Section 104-16 of the Code of Criminal Procedure of 1963 where the finding is made prior to preliminary hearing, at the request of the person who was the victim of the violation of Section 12-13, 12-14, or 12-14.1, the prosecuting State's attorney shall seek an order from the court to compel the accused to be tested for any sexually transmissible disease, including a test for infection with human immunodeficiency virus (HIV). The medical tests shall be performed only by appropriately licensed medical practitioners. The test for infection with human immunodeficiency virus (HIV) shall consist of an enzyme-linked immunosorbent assay (ELISA) test, or such other test as may be approved by the Illinois Department of Public Health; in the event of a positive result, the Western Blot Assay or a more reliable confirmatory test shall be administered. The results of the tests shall be kept strictly confidential by all medical personnel involved in the testing and must be personally delivered in a sealed envelope to the victim and to the judge who entered the order, for the judge's inspection in camera. Acting in accordance with the best interests of the victim and the public, the judge shall have the discretion to determine to whom, if anyone, the result of the testing may be revealed; however, in no case shall the identity of the victim be disclosed. The court shall order that the cost of the tests shall be paid by the county, and may be taxed as costs against the accused if convicted.

(f) Whenever any law enforcement officer has reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, the law enforcement officer shall advise the victim about seeking medical treatment and preserving evidence.

(g) Every hospital providing emergency hospital services to an alleged sexual assault survivor, when there is reasonable cause to believe that a person has been delivered a controlled substance without his or her consent, shall designate personnel to provide:

(1) An explanation to the victim about the nature and effects of commonly used controlled substances and how such controlled substances are administered.

(2) An offer to the victim of testing for the presence of such controlled substances.

(3) A disclosure to the victim that all controlled substances or alcohol ingested by the victim will be disclosed by the test.

(4) A statement that the test is completely voluntary.

(5) A form for written authorization for sample analysis of all controlled substances and alcohol ingested by the victim.

A physician licensed to practice medicine in all its branches may agree to be a designated person under this subsection.

No sample analysis may be performed unless the victim returns a signed written authorization within 30 days after the sample was collected.

Any medical treatment or care under this subsection shall be only in accordance with the order of a physician licensed to practice medicine in all of its branches. Any testing under this subsection shall be only in accordance with the order of a licensed individual authorized to order the testing.

(Source: P.A. 93-958, eff. 8-20-04; 94-397, eff. 1-1-06.)

(720 ILCS 5/11-6.65) (was 720 ILCS 5/11-9.2)

Sec. 11-6.65 11-9.2. Custodial sexual misconduct.

(a) A person commits the offense of custodial sexual misconduct when: (1) he or she is an employee of a penal system and engages in sexual conduct or sexual penetration with a person who is in the custody of that penal system or (2) he or she is an employee of a treatment and detention facility and engages in sexual conduct or sexual penetration with a person who is in the custody of that treatment and detention facility.

(b) A probation or supervising officer or surveillance agent commits the offense of custodial sexual misconduct when the probation or supervising officer or surveillance agent engages in sexual conduct or sexual penetration with a probationer, parolee, or releasee or person serving a term of conditional release who is under the supervisory, disciplinary, or custodial authority of the officer or agent so engaging in the sexual conduct or sexual penetration.

(c) Custodial sexual misconduct is a Class 3 felony.

(d) Any person convicted of violating this Section immediately shall forfeit his or her employment with a penal system, treatment and detention facility, or conditional release program.

(e) For purposes of this Section, the consent of the probationer, parolee, releasee, or inmate in custody of the penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act shall not be a defense to a prosecution under this Section. A person is deemed incapable of consent, for purposes of this Section, when he or she is a probationer, parolee, releasee, or inmate in custody of a penal system or person detained or civilly committed under the Sexually Violent Persons Commitment Act.

(f) This Section does not apply to:

(1) Any employee, probation or supervising officer, or surveillance agent who is lawfully married to a person in custody if the marriage occurred before the date of custody.

(2) Any employee, probation or supervising officer, or surveillance agent who has no knowledge, and would have no reason to believe, that the person with whom he or she engaged in custodial sexual misconduct was a person in custody.

(g) In this Section:

(1) "Custody" means:

(i) pretrial incarceration or detention;

(ii) incarceration or detention under a sentence or commitment to a State or local penal institution;

(iii) parole or mandatory supervised release;

(iv) electronic home detention;

(v) probation;

(vi) detention or civil commitment either in secure care or in the community under the Sexually Violent Persons Commitment Act.

(2) "Penal system" means any system which includes institutions as defined in Section 2-14 of this Code or a county shelter care or detention home established under Section 1 of the County Shelter Care and Detention Home Act.

(2.1) "Treatment and detention facility" means any Department of Human Services facility established for the detention or civil commitment of persons under the Sexually Violent Persons Commitment Act.

(2.2) "Conditional release" means a program of treatment and services, vocational services, and alcohol or other drug abuse treatment provided to any person civilly committed and conditionally released to the community under the Sexually Violent Persons Commitment Act;

(3) "Employee" means:

(i) an employee of any governmental agency of this State or any county or municipal corporation that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or persons detained or civilly committed under the Sexually Violent Persons Commitment Act;

(ii) a contractual employee of a penal system as defined in paragraph (g)(2) of this Section who works in a penal institution as defined in Section 2-14 of this Code;

(iii) a contractual employee of a "treatment and detention facility" as defined in paragraph (g)(2.1) of this Code or a contractual employee of the Department of Human Services who provides supervision of persons serving a term of conditional release as defined in paragraph (g)(2.2) of this Code.

(4) "Sexual conduct" or "sexual penetration" means any act of sexual conduct or sexual penetration as defined in Section 12-12 of this Code.

(5) "Probation officer" means any person employed in a probation or court services department as defined in Section 9b of the Probation and Probation Officers Act.

(6) "Supervising officer" means any person employed to supervise persons placed on parole or mandatory supervised release with the duties described in Section 3-14-2 of the Unified Code of Corrections.

(7) "Surveillance agent" means any person employed or contracted to supervise persons placed on conditional release in the community under the Sexually Violent Persons Commitment Act.

(Source: P.A. 92-415, eff. 8-17-01.)

(720 ILCS 5/11-6.70) (was 720 ILCS 5/11-14)

Sec. 11-6.70 11-14. Prostitution.

(a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 12-12 of this Code for any money, property, token, object, or article or anything of value, or any touching or fondling of the sex organs of one person by another person, for any money, property, token, object, or article or anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution.

(b) Sentence.

A violation of this Section Prostitution is a Class A misdemeanor. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-15, 11-17, 11-18, 11-18.1 and 11-19 of this Code is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior conviction so as to give notice of the State's intention to treat the charge as a felony. The fact of such prior conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial. A second or subsequent violation of this Section, Section 11-6.75 (Promoting prostitution), or Section 11-6.85 (Patronizing a prostitute) is a Class 4 felony. A violation of subsection (a) is a Class 4 felony if it is committed within 1,000 feet of a school.

(c) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 4 felony.

(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, eff. 4-13-00.)

(720 ILCS 5/11-6.75 new)

Sec. 11-6.75. Promoting prostitution.

(a) A person commits promoting prostitution when he or she knowingly:

(1) advances prostitution;

(2)(i) profits from prostitution by any means; (ii) profits from prostitution by compelling a person to become a prostitute; or (iii) profits from prostitution by arranging or offering to arrange a situation in which a person may practice prostitution.

(b) Sentencing.

(1) A violation of subsections (a)(1) is a Class A misdemeanor. A second or subsequent violation of this subsection is a Class 4 felony. A violation of subsection (a)(1) is a Class 4 felony if it is committed within 1,000 feet of a school.

(2) A violation of subsection (a)(2)(i) is a Class A misdemeanor. A second or subsequent violation of this subsection is a Class 4 felony.

(3) A violation of subsection (a)(2)(i) or (a)(2)(ii) is a Class 4 felony, unless it is committed within 1,000 feet of real property comprising a school, in which case it is a Class 3 felony.

(c) For purposes of this Section and Section 11-6.80, Promoting Juvenile Prostitution, "profit from prostitution" occurs when a person, acting other than as a prostitute receiving anything of value for personally rendered prostitution services, receives anything of value from a prostitute, not for lawful consideration, knowing it was earned in whole or in part from the practice of prostitution.

(d) For purposes of this Section, a person "advances prostitution" when he or she, acting other than as a prostitute or as a patron thereof,:

(1) solicits another for the purpose of prostitution,

(2) arranges or offers to arrange a meeting of persons for the purpose of prostitution; or

(3) directs another to a place knowing such direction is for the purpose of prostitution; or

(4) has or exercises control over the use of any place which could offer seclusion or shelter for the practice of prostitution who performs any of the following acts:

(i) knowingly grants or permits the use of such place for the purpose of prostitution; or

(ii) grants or permits the use of such place under circumstances from which he could reasonably know that the place is used or is to be used for purposes of prostitution; or

(iii) permits the continued use of a place after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

(720 ILCS 5/11-6.80 new)

Sec. 11-6.80. Promoting Juvenile Prostitution.

(a) A person commits Promoting Juvenile Prostitution when he or she knowingly:

(1) advances prostitution, where the prostitute, or a prostitute in the place, was less than 16 years of age or a severely or profoundly mentally retarded person at the time of the act giving rise to the charge;

(2) profits from prostitution by any means where the prostitute was less than 16 years of age;

(3) with respect to a child less than 16 years of age or a severely or profoundly mentally retarded person:

(i) confines the child or severely or profoundly mentally retarded person against his or her will by the infliction or threat of imminent infliction of great bodily harm, permanent disability or disfigurement, or by administering to the child or a severely or profoundly mentally retarded person without his or her consent or by threat or deception and for other than medical purposes, any alcoholic intoxicant or a drug as defined in the Illinois Controlled Substances Act or the Cannabis Control Act or methamphetamine as defined in the Methamphetamine Control and Community Protection Act; and

(ii) (A) compels the child or severely or profoundly mentally retarded person to become a prostitute; or (B) arranges a situation in which the child or severely or profoundly mentally retarded person may practice prostitution; or (C) violates subsection (a)(2).

(b) Sentencing.

(1) A violation of subsection (a)(1) is a Class 1 felony. A second or subsequent violation is a Class X felony.

(2) A violation of subsection (a)(2) is a Class 1 felony. A violation of subsection (a)(4) is a Class X felony where the prostitute was less than 13 years of age at the time of the act giving rise to the charge.

(3) A violation of subsection (a)(3) is a Class X felony.

(c) It is an affirmative defense to subsections (a)(1) and (a)(2) that the accused reasonably believed the person was of the age of 16 years or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.

(d) For purposes of subsection (a)(3), administering drugs or an alcoholic intoxicant to a child under the age of 13 or a severely or profoundly mentally retarded person shall be deemed to be without consent if such administering is done without the consent of the parents or legal guardian.

(e) A person convicted under subsection (a)(3) is subject to the forfeiture provisions of Section 11-20.1A.

(720 ILCS 5/11-6.85) (was 720 ILCS 5/11-18)

Sec. 11-6.85 11-18. Patronizing a prostitute.

(a) Any person who knowingly performs any of the following acts with a person not his or her spouse commits the offense of patronizing a prostitute:

(1) Engages in an act of sexual penetration as defined in Section 12-12 of this Code with a prostitute or any touching or fondling with the prostitute of the sex organs of one person by the other person, with the intent to achieve sexual arousal or gratification; or

(2) Enters or remains in a place of prostitution with intent to engage in an act of sexual penetration as defined in Section 12-12 of this Code.

(b) Sentence.

A violation of this Section Patronizing a prostitute is a Class A misdemeanor. A second or subsequent violation of this Section, Section 11-6.70 (Prostitution), or Section 11-6.75 (Promoting prostitution) is a Class 4 felony. A violation of subsection (a) is a Class 4 felony if it is committed within 1,000 feet of a school. A person convicted of a second or subsequent violation of this Section, or of any combination of such number of convictions under this Section and Sections 11-14, 11-15, 11-17, 11-18.1 and 11-19 of this Code, is guilty of a Class 4 felony. When a person has one or more prior convictions, the information or indictment charging that person shall state such prior convictions so as to give notice of the State's intention to treat the charge as a felony. The fact of such conviction is not an element of the offense and may not be disclosed to the jury during trial unless otherwise permitted by issues properly raised during such trial.

(c) A person who violates this Section within 1,000 feet of real property comprising a school commits a Class 4 felony.

(Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, eff. 6-28-01.)

(720 ILCS 5/11-6.90) (was 720 ILCS 5/11-18.1)

Sec. 11-6.90 11-18.1. Patronizing a juvenile prostitute. (a) Any person who engages in an act of sexual penetration as defined in Section 12-12 of this Code with a prostitute under 17 years of age or any touching or fondling with the prostitute of the sex organs of one person by the other person, for the purpose of sexual arousal or gratification with a prostitute under 17 years of age commits the offense of patronizing a juvenile prostitute.

(b) It is an affirmative defense to the charge of patronizing a juvenile prostitute that the accused reasonably believed that the person was of the age of 17 years or over at the time of the act giving rise to the charge.

(c) Sentence. A person who commits patronizing a juvenile prostitute is guilty of a Class 4 felony.

(Source: P.A. 85-1447.)

(720 ILCS 5/11-6.95) (was 720 ILCS 5/11-9.3)

Sec. 11-6.95 11-9.3. Presence within school zone by child sex offenders prohibited.

(a) It is unlawful for a child sex offender to knowingly be present in any school building, on real property comprising any school, or in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity when persons under the age of 18 are present in the building, on the grounds or in the conveyance, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or unless the offender has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.

Nothing in this Section shall be construed to infringe upon the constitutional right of a child sex offender to be present in a school building that is used as a polling place for the purpose of voting.

(1) (Blank; or)

(2) (Blank.)

(b) It is unlawful for a child sex offender to knowingly loiter within 500 feet of a school building or real property comprising any school while persons under the age of 18 are present in the building or on the grounds, unless the offender is a parent or guardian of a student attending the school and the parent or guardian is: (i) attending a conference at the school with school personnel to discuss the progress of his or her child academically or socially, (ii) participating in child review conferences in which evaluation and placement decisions may be made with respect to his or her child regarding special education services, or (iii) attending conferences to discuss other student issues concerning his or her child such as retention and promotion and notifies the principal of the school of his or her presence at the school or has permission to be present from the superintendent or the school board or in the case of a private school from the principal. In the case of a public school, if permission is granted, the superintendent or school board president must inform the principal of the school where the sex offender will be present. Notification includes the nature of the sex offender's visit and the hours in which the sex offender will be present in the school. The sex offender is responsible for notifying the principal's office when he or she arrives on school property and when he or she departs from school property. If the sex offender is to be present in the vicinity of children, the sex offender has the duty to remain under the direct supervision of a school official. A child sex offender who violates this provision is guilty of a Class 4 felony.

(1) (Blank; or)

(2) (Blank.)

(b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a school building or the real property comprising any school that persons under the age of 18 attend. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a school building or the real property comprising any school that persons under 18 attend if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly.

(c) Definitions. In this Section:

(1) "Child sex offender" means any person who:

(i) has been charged under Illinois law, or any substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (c) or the attempt to commit an included sex offense, and:

(A) is convicted of such offense or an attempt to commit such offense; or

(B) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or

(C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(E) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(ii) is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or

(iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act.

Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5), "sex offense" means:

(i) A violation of any of the following Sections of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency when committed in a school, on the real property comprising a school, or on a conveyance, owned, leased, or contracted by a school to transport students to or from school or a school related activity), 11-9.1 (sexual exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual assault of a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, in any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity). An attempt to commit any of these offenses.

(ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint).

An attempt to commit any of these offenses.

(iv) A violation of any former law of this State substantially equivalent to any offense listed in clause (2)(i) of subsection (c) of this Section.

(2.5) For the purposes of subsection (b-5) only, a sex offense means:

(i) A violation of any of the following Sections of the Criminal Code of 1961:

10-5(b)(10) (child luring), 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.

(ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 12-15 (criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint).

An attempt to commit any of these offenses.

(iv) A violation of any former law of this State substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in paragraph (2) of subsection (c) of this Section shall constitute a conviction for the purpose of this Article. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.

(4) "School" means a public or private pre-school, elementary, or secondary school.

(5) "Loiter" means:

(i) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around school property.

(ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around school property, for the purpose of committing or attempting to commit a sex offense.

(iii) Entering or remaining in a building in or around school property, other than the offender's residence.

(6) "School official" means the principal, a teacher, or any other certified employee of the school, the superintendent of schools or a member of the school board.

(d) Sentence. A person who violates this Section is guilty of a Class 4 felony.

(Source: P.A. 94-158, eff. 7-11-05; 94-164, eff. 1-1-06; 94-170, eff. 7-11-05; revised 9-15-06.)

(720 ILCS 5/11-6.100) (was 720 ILCS 5/11-9.4)

Sec. 11-6.100 11-9.4. Approaching, contacting, residing, or communicating with a child within certain places by child sex offenders prohibited.

(a) It is unlawful for a child sex offender to knowingly be present in any public park building or on real property comprising any public park when persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.

(b) It is unlawful for a child sex offender to knowingly loiter on a public way within 500 feet of a public park building or real property comprising any public park while persons under the age of 18 are present in the building or on the grounds and to approach, contact, or communicate with a child under 18 years of age, unless the offender is a parent or guardian of a person under 18 years of age present in the building or on the grounds.

(b-5) It is unlawful for a child sex offender to knowingly reside within 500 feet of a playground, child care institution, day care center, part day child care facility, or a facility providing programs or services exclusively directed toward persons under 18 years of age. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a playground or a facility providing programs or services exclusively directed toward persons under 18 years of age if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 91st General Assembly. Nothing in this subsection (b-5) prohibits a child sex offender from residing within 500 feet of a child care institution, day care center, or part day child care facility if the property is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 94th General Assembly.

(b-6) It is unlawful for a child sex offender to knowingly reside within 500 feet of the victim of the sex offense. Nothing in this subsection (b-6) prohibits a child sex offender from residing within 500 feet of the victim if the property in which the child sex offender resides is owned by the child sex offender and was purchased before the effective date of this amendatory Act of the 92nd General Assembly.

This subsection (b-6) does not apply if the victim of the sex offense is 21 years of age or older.

(c) It is unlawful for a child sex offender to knowingly operate, manage, be employed by, volunteer at, be associated with, or knowingly be present at any: (i) facility providing programs or services exclusively directed towards persons under the age of 18; (ii) day care center; (iii) part day child care facility; (iv) child care institution, or (v) school providing before and after school programs for children under 18 years of age. This does not prohibit a child sex offender from owning the real property upon which the programs or services are offered or upon which the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is located, provided the child sex offender refrains from being present on the premises for the hours during which: (1) the programs or services are being offered or (2) the day care center, part day child care facility, child care institution, or school providing before and after school programs for children under 18 years of age is operated.

(d) Definitions. In this Section:

(1) "Child sex offender" means any person who:

(i) has been charged under Illinois law, or any substantially similar federal law or law of another state, with a sex offense set forth in paragraph (2) of this subsection (d) or the attempt to commit an included sex offense, and:

(A) is convicted of such offense or an attempt to commit such offense; or

(B) is found not guilty by reason of insanity of such offense or an attempt to commit such offense; or

(C) is found not guilty by reason of insanity pursuant to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or an attempt to commit such offense; or

(D) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged commission or attempted commission of such offense; or

(E) is found not guilty by reason of insanity following a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (c) of Section 104-25 of the Code of Criminal Procedure of 1963 of such offense or of the attempted commission of such offense; or

(F) is the subject of a finding not resulting in an acquittal at a hearing conducted pursuant to a federal law or the law of another state substantially similar to subsection (a) of Section 104-25 of the Code of Criminal Procedure of 1963 for the alleged violation or attempted commission of such offense; or

(ii) is certified as a sexually dangerous person pursuant to the Illinois Sexually Dangerous Persons Act, or any substantially similar federal law or the law of another state, when any conduct giving rise to such certification is committed or attempted against a person less than 18 years of age; or

(iii) is subject to the provisions of Section 2 of the Interstate Agreements on Sexually Dangerous Persons Act.

Convictions that result from or are connected with the same act, or result from offenses committed at the same time, shall be counted for the purpose of this Section as one conviction. Any conviction set aside pursuant to law is not a conviction for purposes of this Section.

(2) Except as otherwise provided in paragraph (2.5), "sex offense" means:

(i) A violation of any of the following Sections of the Criminal Code of 1961: 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-9 (public indecency when committed in a school, on the real property comprising a school, on a conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park), 11-9.1 (sexual exploitation of a child), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 11-21 (harmful material), 12-14.1 (predatory criminal sexual assault of a child), 12-33 (ritualized abuse of a child), 11-20 (obscenity) (when that offense was committed in any school, on real property comprising any school, on any conveyance owned, leased, or contracted by a school to transport students to or from school or a school related activity, or in a public park). An attempt to commit any of these offenses.

(ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-15 (criminal sexual abuse), 12-16 (aggravated criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint).

An attempt to commit any of these offenses.

(iv) A violation of any former law of this State substantially equivalent to any offense listed in clause (2)(i) of this subsection (d).

(2.5) For the purposes of subsection (b-5) only, a sex offense means:

(i) A violation of any of the following Sections of the Criminal Code of 1961:

10-5(b)(10) (child luring), 10-7 (aiding and abetting child abduction under Section 10-5(b)(10)), 11-6 (indecent solicitation of a child), 11-6.5 (indecent solicitation of an adult), 11-15.1 (soliciting for a juvenile prostitute), 11-17.1 (keeping a place of juvenile prostitution), 11-18.1 (patronizing a juvenile prostitute), 11-19.1 (juvenile pimping), 11-19.2 (exploitation of a child), 11-20.1 (child pornography), 12-14.1 (predatory criminal sexual assault of a child), or 12-33 (ritualized abuse of a child). An attempt to commit any of these offenses.

(ii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age: 12-13 (criminal sexual assault), 12-14 (aggravated criminal sexual assault), 12-16 (aggravated criminal sexual abuse), and subsection (a) of Section 12-15 (criminal sexual abuse). An attempt to commit any of these offenses.

(iii) A violation of any of the following Sections of the Criminal Code of 1961, when the victim is a person under 18 years of age and the defendant is not a parent of the victim:

10-1 (kidnapping),

10-2 (aggravated kidnapping),

10-3 (unlawful restraint),

10-3.1 (aggravated unlawful restraint).

An attempt to commit any of these offenses.

(iv) A violation of any former law of this State substantially equivalent to any offense listed in this paragraph (2.5) of this subsection.

(3) A conviction for an offense of federal law or the law of another state that is substantially equivalent to any offense listed in paragraph (2) of this subsection (d) shall constitute a conviction for the purpose of this Section. A finding or adjudication as a sexually dangerous person under any federal law or law of another state that is substantially equivalent to the Sexually Dangerous Persons Act shall constitute an adjudication for the purposes of this Section.

(4) "Public park" includes a park, forest preserve, or conservation area under the jurisdiction of the State or a unit of local government.

(5) "Facility providing programs or services directed towards persons under the age of 18" means any facility providing programs or services exclusively directed towards persons under the age of 18.

(6) "Loiter" means:

(i) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property.

(ii) Standing, sitting idly, whether or not the person is in a vehicle or remaining in or around public park property, for the purpose of committing or attempting to commit a sex offense.

(7) "Playground" means a piece of land owned or controlled by a unit of local government that is designated by the unit of local government for use solely or primarily for children's recreation.

(8) "Child care institution" has the meaning ascribed to it in Section 2.06 of the Child Care Act of 1969.

(9) "Day care center" has the meaning ascribed to it in Section 2.09 of the Child Care Act of 1969.

(10) "Part day child care facility" has the meaning ascribed to it in Section 2.10 of the Child Care Act of 1969.

(e) Sentence. A person who violates this Section is guilty of a Class 4 felony.

(Source: P.A. 94-925, eff. 6-26-06.)

(720 ILCS 5/11-6.105) (was 720 ILCS 5/11-24)

Sec. 11-6.105 11-24. Child photography by sex offender.

(a) In this Section:

"Child" means a person under 18 years of age.

"Child sex offender" has the meaning ascribed to it in Section 11-9.3 of this Code.

(b) It is unlawful for a child sex offender to knowingly:

(1) conduct or operate any type of business in which he or she photographs, videotapes, or takes a digital image of a child; or

(2) conduct or operate any type of business in which he or she instructs or directs another person to photograph, videotape, or take a digital image of a child.

(c) Sentence. A violation of this Section is a Class 2 felony.

(Source: P.A. 93-905, eff. 1-1-05.)

(720 ILCS 5/11-6.110) (was 720 ILCS 5/11-20)

Sec. 11-6.110 11-20. Obscenity. (a) Elements of the Offense. A person commits obscenity when, with knowledge of the nature or content thereof, or recklessly failing to exercise reasonable inspection which would have disclosed the nature or content thereof, he:

(1) Sells, delivers or provides, or offers or agrees to sell, deliver or provide any obscene writing, picture, record or other representation or embodiment of the obscene; or

(2) Presents or directs an obscene play, dance or other performance or participates directly in that portion thereof which makes it obscene; or

(3) Publishes, exhibits or otherwise makes available anything obscene; or

(4) Performs an obscene act or otherwise presents an obscene exhibition of his or her body for gain; or

(5) Creates, buys, procures or possesses obscene matter or material with intent to disseminate it in violation of this Section, or of the penal laws or regulations of any other jurisdiction; or

(6) Advertises or otherwise promotes the sale of material represented or held out by him or her to be obscene, whether or not it is obscene.

(b) (Blank.) Obscene Defined.

Any material or performance is obscene if: (1) the average person, applying contemporary adult community standards, would find that, taken as a whole, it appeals to the prurient interest; and (2) the average person, applying contemporary adult community standards, would find that it depicts or describes, in a patently offensive way, ultimate sexual acts or sadomasochistic sexual acts, whether normal or perverted, actual or simulated, or masturbation, excretory functions or lewd exhibition of the genitals; and (3) taken as a whole, it lacks serious literary, artistic, political or scientific value.

(c) Interpretation of Evidence.

Obscenity shall be judged with reference to ordinary adults, except that it shall be judged with reference to children or other specially susceptible audiences if it appears from the character of the material or the circumstances of its dissemination to be specially designed for or directed to such an audience.

Where circumstances of production, presentation, sale, dissemination, distribution, or publicity indicate that material is being commercially exploited for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter and can justify the conclusion that the matter is lacking in serious literary, artistic, political or scientific value.

In any prosecution for an offense under this Section evidence shall be admissible to show:

(1) The character of the audience for which the material was designed or to which it was directed;

(2) What the predominant appeal of the material would be for ordinary adults or a special audience, and what effect, if any, it would probably have on the behavior of such people;

(3) The artistic, literary, scientific, educational or other merits of the material, or absence thereof;

(4) The degree, if any, of public acceptance of the material in this State;

(5) Appeal to prurient interest, or absence thereof, in advertising or other promotion of the material;

(6) Purpose of the author, creator, publisher or disseminator.

(d) Sentence.

Obscenity is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.

(e) Permissive inference Prima Facie Evidence.

The trier of fact may infer an intent to disseminate from the The creation, purchase, procurement or possession of a mold, engraved plate or other embodiment of obscenity specially adapted for reproducing multiple copies, or the possession of more than 3 copies of obscene material shall be prima facie evidence of an intent to disseminate.

(f) Affirmative Defenses.

It shall be an affirmative defense to obscenity that the dissemination:

(1) Was not for gain and was made to personal associates other than children under 18 years of age;

(2) Was to institutions or individuals having scientific or other special justification for possession of such material.

(g) Forfeiture of property:

(1) Legislative Declaration. Obscenity is a far-reaching and extremely profitable crime. This crime persists despite the threat of prosecution and successful prosecution because existing sanctions do not effectively reach the money and other assets generated by it. It is therefore necessary to supplement existing sanctions by mandating forfeiture of money and other assets generated by this crime. Forfeiture diminishes the financial incentives which encourage and sustain obscenity and secures for the State, local government and prosecutors a resource for prosecuting these crimes.

(2) Definitions.

(i) "Person" means an individual, partnership, private corporation, public, municipal, governmental or quasi-municipal corporation, unincorporated association, trustee or receiver.

(ii) "Property" means:

(a) real estate, including things growing on, affixed to and found in land, and any kind of interest therein; and

(b) tangible and intangible personal property, including rights, privileges, interests, claims and securities.

(3) Forfeiture of Property. Any person who has been convicted previously of the offense of obscenity and who shall be convicted of a second or subsequent offense of obscenity shall forfeit to the State of Illinois:

(i) Any property constituting or derived from any proceeds such person obtained, directly or indirectly, as a result of such offense; and

(ii) Any of the person's property used in any manner, wholly or in part, to commit such offense.

(4) Forfeiture Hearing. At any time following a second or subsequent conviction for obscenity, the court shall, upon petition by the Attorney General or the State's Attorney, conduct a hearing to determine whether there is any property that is subject to forfeiture as provided hereunder. At the forfeiture hearing the People shall have the burden of establishing by preponderance of the evidence that such property is subject to forfeiture.

(5) Prior Restraint.

Nothing in this subsection shall be construed as authorizing the prior restraint of any showing, performance or exhibition of allegedly obscene films, plays or other presentations or of any sale or distribution of allegedly obscene materials.

(6) Seizure, Sale and Distribution of the Property.

(i) Upon a determination under subparagraph (4) that there is property subject to forfeiture, the court shall authorize the Attorney General or the State's Attorney, except as provided in this Section, to seize all property declared forfeited upon terms and conditions as the court shall deem proper.

(ii) The Attorney General or State's Attorney is authorized to sell all property forfeited and seized pursuant to this Article, and, after the deduction of all requisite expenses of administration and sale, shall distribute the proceeds of such sale, along with any moneys forfeited or seized, in accordance with subparagraph (iii) hereof. If the Attorney General or State's Attorney believes any such property describes, depicts or portrays any of the acts or activities described in subsection (b) of this Section, he shall apply to the court for an order to destroy such property, and if the court determines the property describes, depicts or portrays such acts it shall order the Attorney General or State's Attorney to destroy such property.

(iii) All monies and the sale proceeds of all other property forfeited and seized pursuant hereto shall be distributed as follows:

(a) Fifty percent shall be distributed to the unit of local government whose officers or employees conducted the investigation into and caused the arrest or arrests and prosecution leading to the forfeiture, or, if the investigations, arrest or arrests and prosecution leading to the forfeiture were undertaken by the sheriff, this portion shall be distributed to the county for deposit in a special fund in the county treasury appropriated to the sheriff. Amounts distributed to the county for the sheriff or to the units of local government hereunder shall be used for enforcement of laws or ordinances governing obscenity and child pornography. In the event, however, that the investigation, arrest or arrests and prosecution leading to the forfeiture were undertaken solely by a State agency, the portion provided hereunder shall be paid into the State treasury to be used for enforcement of laws governing obscenity and child pornography.

(b) Twenty-five percent shall be distributed to the county in which the prosecution resulting in the forfeiture was instituted, deposited in a special fund in the county treasury and appropriated to the State's Attorney for use in the enforcement of laws governing obscenity and child pornography.

(c) Twenty-five percent shall be distributed to the Office of the State's Attorneys Appellate Prosecutor and deposited in the Obscenity Profits Forfeiture Fund, which is hereby created in the State Treasury, to be used by the Office of the State's Attorneys Appellate Prosecutor for additional expenses incurred in prosecuting appeals arising under Sections 11-20 and 11-20.1 of the Criminal Code of 1961. Any amounts remaining in the Fund after all additional expenses have been paid shall be used by the Office to reduce the participating county contributions to the Office on a pro-rated basis as determined by the board of governors of the Office of the State's Attorneys Appellate Prosecutor based on the populations of the participating counties.

(7) Construction of subsection (g).

It shall be the intent of the General Assembly that this subsection be liberally construed so as to effect its purposes. The forfeiture of property and other remedies hereunder shall be considered to be in addition, and not exclusive of any sentence or other remedy provided by law. Subsection (g) of this Section shall not apply to any property of a public library or any property of a library operated by an institution accredited by a generally recognized accrediting agency.

(Source: P.A. 85-1014.)

(720 ILCS 5/11-6.115) (was 720 ILCS 5/11-20.1)

Sec. 11-6.115 11-20.1. Child pornography.

(a) A person commits the offense of child pornography who:

(1) films, videotapes, photographs, or otherwise depicts or portrays by means of any similar visual medium or reproduction or depicts by computer any child whom he or she knows or reasonably should know to be under the age of 18 or any severely or profoundly mentally retarded person where such child or severely or profoundly mentally retarded person is:

(i) actually or by simulation engaged in any act of sexual penetration or sexual conduct with any person or animal; or

(ii) actually or by simulation engaged in any act of sexual penetration or sexual conduct involving the sex organs of the child or severely or profoundly mentally retarded person and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child or severely or profoundly mentally retarded person and the sex organs of another person or animal; or

(iii) actually or by simulation engaged in any act of masturbation; or

(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or

(v) actually or by simulation engaged in any act of excretion or urination within a sexual context; or

(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; or

(vii) depicted or portrayed in any pose, posture or setting involving a lewd exhibition of the unclothed or transparently clothed genitals, pubic area, buttocks, or, if such person is female, a fully or partially developed breast of the child or other person; or

(2) with the knowledge of the nature or content thereof, reproduces, disseminates, offers to disseminate, exhibits or possesses with intent to disseminate any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(3) with knowledge of the subject matter or theme thereof, produces any stage play, live performance, film, videotape or other similar visual portrayal or depiction by computer which includes a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(4) solicits, uses, persuades, induces, entices, or coerces any child whom he or she knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person to appear in any stage play, live presentation, film, videotape, photograph or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person is or will be depicted, actually or by simulation, in any act, pose or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(5) is a parent, step-parent, legal guardian or other person having care or custody of a child whom the person knows or reasonably should know to be under the age of 18 or a severely or profoundly mentally retarded person and who knowingly permits, induces, promotes, or arranges for such child or severely or profoundly mentally retarded person to appear in any stage play, live performance, film, videotape, photograph or other similar visual presentation, portrayal or simulation or depiction by computer of any act or activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(6) with knowledge of the nature or content thereof, possesses any film, videotape, photograph or other similar visual reproduction or depiction by computer of any child or severely or profoundly mentally retarded person whom the person knows or reasonably should know to be under the age of 18 or to be a severely or profoundly mentally retarded person, engaged in any activity described in subparagraphs (i) through (vii) of paragraph (1) of this subsection; or

(7) solicits, or knowingly uses, persuades, induces, entices, or coerces a person to provide a child under the age of 18 or a severely or profoundly mentally retarded person to appear in any videotape, photograph, film, stage play, live presentation, or other similar visual reproduction or depiction by computer in which the child or severely or profoundly mentally retarded person will be depicted, actually or by simulation, in any act, pose, or setting described in subparagraphs (i) through (vii) of paragraph (1) of this subsection.

(b)(1) It shall be an affirmative defense to a charge of child pornography that the defendant reasonably believed, under all of the circumstances, that the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person but only where, prior to the act or acts giving rise to a prosecution under this Section, he or she took some affirmative action or made a bonafide inquiry designed to ascertain whether the child was 18 years of age or older or that the person was not a severely or profoundly mentally retarded person and his or her reliance upon the information so obtained was clearly reasonable.

(2) (Blank).

(3) The charge of child pornography shall not apply to the performance of official duties by law enforcement or prosecuting officers or persons employed by law enforcement or prosecuting agencies, court personnel or attorneys, nor to bonafide treatment or professional education programs conducted by licensed physicians, psychologists or social workers.

(4) If the defendant possessed Possession by the defendant of more than 3 one of the same film, videotape or visual reproduction or depiction by computer in which child pornography is depicted, then the trier of fact may infer that shall raise a rebuttable presumption that the defendant possessed such materials with the intent to disseminate them.

(5) The charge of child pornography does not apply to a person who does not voluntarily possess a film, videotape, or visual reproduction or depiction by computer in which child pornography is depicted. Possession is voluntary if the defendant knowingly procures or receives a film, videotape, or visual reproduction or depiction for a sufficient time to be able to terminate his or her possession.

(c) Violation of paragraph (1), (4), (5), or (7) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $2,000 and a maximum fine of $100,000. Violation of paragraph (3) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1500 and a maximum fine of $100,000. Violation of paragraph (2) of subsection (a) is a Class 1 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000. Violation of paragraph (6) of subsection (a) is a Class 3 felony with a mandatory minimum fine of $1000 and a maximum fine of $100,000.

(d) If a person is convicted of a second or subsequent violation of this Section within 10 years of a prior conviction, the court shall order a presentence psychiatric examination of the person. The examiner shall report to the court whether treatment of the person is necessary.

(e) Any film, videotape, photograph or other similar visual reproduction or depiction by computer which includes a child under the age of 18 or a severely or profoundly mentally retarded person engaged in any activity described in subparagraphs (i) through (vii) or paragraph 1 of subsection (a), and any material or equipment used or intended for use in photographing, filming, printing, producing, reproducing, manufacturing, projecting, exhibiting, depiction by computer, or disseminating such material shall be seized and forfeited in the manner, method and procedure provided by Section 36-1 of this Code for the seizure and forfeiture of vessels, vehicles and aircraft.

(e-5) Upon the conclusion of a case brought under this Section, the court shall seal all evidence depicting a victim or witness that is sexually explicit. The evidence may be unsealed and viewed, on a motion of the party seeking to unseal and view the evidence, only for good cause shown and in the discretion of the court. The motion must expressly set forth the purpose for viewing the material. The State's attorney and the victim, if possible, shall be provided reasonable notice of the hearing on the motion to unseal the evidence. Any person entitled to notice of a hearing under this subsection (e-5) may object to the motion.

(f) (Blank). Definitions. For the purposes of this Section:

(1) "Disseminate" means (i) to sell, distribute, exchange or transfer possession, whether with or without consideration or (ii) to make a depiction by computer available for distribution or downloading through the facilities of any telecommunications network or through any other means of transferring computer programs or data to a computer.

(2) "Produce" means to direct, promote, advertise, publish, manufacture, issue, present or show.

(3) "Reproduce" means to make a duplication or copy.

(4) "Depict by computer" means to generate or create, or cause to be created or generated, a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

(5) "Depiction by computer" means a computer program or data that, after being processed by a computer either alone or in conjunction with one or more computer programs, results in a visual depiction on a computer monitor, screen, or display.

(6) "Computer", "computer program", and "data" have the meanings ascribed to them in Section 16D-2 of this Code.

(7) "Child" includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is, or appears to be, that of a person, either in part, or in total, under the age of 18, regardless of the method by which the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is created, adopted, or modified to appear as such. "Child" also includes a film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer that is advertised, promoted, presented, described, or distributed in such a manner that conveys the impression that the film, videotape, photograph, or other similar visual medium or reproduction or depiction by computer is of a person under the age of 18.

(8) "Sexual penetration" and "sexual conduct" have the meanings ascribed to them in Section 12-12 of this Code.

(g) Re-enactment; findings; purposes.

(1) The General Assembly finds and declares that:

(i) Section 50-5 of Public Act 88-680, effective January 1, 1995, contained provisions amending the child pornography statute, Section 11-20.1 of the Criminal Code of 1961. Section 50-5 also contained other provisions.

(ii) In addition, Public Act 88-680 was entitled "AN ACT to create a Safe Neighborhoods Law". (A) Article 5 was entitled JUVENILE JUSTICE and amended the Juvenile Court Act of 1987. (B) Article 15 was entitled GANGS and amended various provisions of the Criminal Code of 1961 and the Unified Code of Corrections. (C) Article 20 was entitled ALCOHOL ABUSE and amended various provisions of the Illinois Vehicle Code. (D) Article 25 was entitled DRUG ABUSE and amended the Cannabis Control Act and the Illinois Controlled Substances Act. (E) Article 30 was entitled FIREARMS and amended the Criminal Code of 1961 and the Code of Criminal Procedure of 1963. (F) Article 35 amended the Criminal Code of 1961, the Rights of Crime Victims and Witnesses Act, and the Unified Code of Corrections. (G) Article 40 amended the Criminal Code of 1961 to increase the penalty for compelling organization membership of persons. (H) Article 45 created the Secure Residential Youth Care Facility Licensing Act and amended the State Finance Act, the Juvenile Court Act of 1987, the Unified Code of Corrections, and the Private Correctional Facility Moratorium Act. (I) Article 50 amended the WIC Vendor Management Act, the Firearm Owners Identification Card Act, the Juvenile Court Act of 1987, the Criminal Code of 1961, the Wrongs to Children Act, and the Unified Code of Corrections.

(iii) On September 22, 1998, the Third District Appellate Court in People v. Dainty, 701 N.E. 2d 118, ruled that Public Act 88-680 violates the single subject clause of the Illinois Constitution (Article IV, Section 8 (d)) and was unconstitutional in its entirety. As of the time this amendatory Act of 1999 was prepared, People v. Dainty was still subject to appeal.

(iv) Child pornography is a vital concern to the people of this State and the validity of future prosecutions under the child pornography statute of the Criminal Code of 1961 is in grave doubt.

(2) It is the purpose of this amendatory Act of 1999 to prevent or minimize any problems relating to prosecutions for child pornography that may result from challenges to the constitutional validity of Public Act 88-680 by re-enacting the Section relating to child pornography that was included in Public Act 88-680.

(3) This amendatory Act of 1999 re-enacts Section 11-20.1 of the Criminal Code of 1961, as it has been amended. This re-enactment is intended to remove any question as to the validity or content of that Section; it is not intended to supersede any other Public Act that amends the text of the Section as set forth in this amendatory Act of 1999. The material is shown as existing text (i.e., without underscoring) because, as of the time this amendatory Act of 1999 was prepared, People v. Dainty was subject to appeal to the Illinois Supreme Court.

(4) The re-enactment by this amendatory Act of 1999 of Section 11-20.1 of the Criminal Code of 1961 relating to child pornography that was amended by Public Act 88-680 is not intended, and shall not be construed, to imply that Public Act 88-680 is invalid or to limit or impair any legal argument concerning whether those provisions were substantially re-enacted by other Public Acts.

(Source: P.A. 94-366, eff. 7-29-05.)

(720 ILCS 5/11-6.120) (was 720 ILCS 5/11-21)

Sec. 11-6.120 11-21. Harmful material.

(a) (Blank). As used in this Section:

"Distribute" means transfer possession of, whether with or without consideration.

"Harmful to minors" means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when, taken as a whole, it (i) predominately appeals to the prurient interest in sex of minors, (ii) is patently offensive to prevailing standards in the adult community in the State as a whole with respect to what is suitable material for minors, and (iii) lacks serious literary, artistic, political, or scientific value for minors.

"Knowingly" means having knowledge of the contents of the subject matter, or recklessly failing to exercise reasonable inspection which would have disclosed the contents.

"Material" means (i) any picture, photograph, drawing, sculpture, film, video game, computer game, video or similar visual depiction, including any such representation or image which is stored electronically, or (ii) any book, magazine, printed matter however reproduced, or recorded audio of any sort.

"Minor" means any person under the age of 18.

"Nudity" means the showing of the human male or female genitals, pubic area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion below the top of the nipple, or the depiction of covered male genitals in a discernably turgid state.

"Sado-masochistic abuse" means flagellation or torture by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one clothed for sexual gratification or stimulation.

"Sexual conduct" means acts of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.

"Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

(b) A person is guilty of distributing harmful material to a minor when he or she:

(1) knowingly sells, lends, distributes, or gives away to a minor, knowing that the minor is under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age:

(A) any material which depicts nudity, sexual conduct or sado-masochistic abuse, or which contains explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct or sado-masochistic abuse, and which taken as a whole is harmful to minors;

(B) a motion picture, show, or other presentation which depicts nudity, sexual conduct or sado-masochistic abuse and is harmful to minors; or

(C) an admission ticket or pass to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation; or

(2) admits a minor to premises where there is exhibited or to be exhibited such a motion picture, show, or other presentation, knowing that the minor is a person under the age of 18 or failing to exercise reasonable care in ascertaining the person's true age.

(c) In any prosecution arising under this Section, it is an affirmative defense:

(1) that the minor as to whom the offense is alleged to have been committed exhibited to the accused a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which was relied upon by the accused;

(2) that the defendant was in a parental or guardianship relationship with the minor or that the minor was accompanied by a parent or legal guardian;

(3) that the defendant was a bona fide school, museum, or public library, or was a person acting in the course of his or her employment as an employee or official of such organization or retail outlet affiliated with and serving the educational purpose of such organization;

(4) that the act charged was committed in aid of legitimate scientific or educational purposes; or

(5) that an advertisement of harmful material as defined in this Section culminated in the sale or distribution of such harmful material to a child under circumstances where there was no personal confrontation of the child by the defendant, his or her employees, or agents, as where the order or request for such harmful material was transmitted by mail, telephone, Internet or similar means of communication, and delivery of such harmful material to the child was by mail, freight, Internet or similar means of transport, which advertisement contained the following statement, or a substantially similar statement, and that the defendant required the purchaser to certify that he or she was not under the age of 18 and that the purchaser falsely stated that he or she was not under the age of 18: "NOTICE: It is unlawful for any person under the age of 18 to purchase the matter advertised. Any person under the age of 18 that falsely states that he or she is not under the age of 18 for the purpose of obtaining the material advertised is guilty of a Class B misdemeanor under the laws of the State."

(d) The predominant appeal to prurient interest of the material shall be judged with reference to average children of the same general age of the child to whom such material was sold, lent, distributed or given, unless it appears from the nature of the matter or the circumstances of its dissemination or distribution that it is designed for specially susceptible groups, in which case the predominant appeal of the material shall be judged with reference to its intended or probable recipient group.

(e) Distribution of harmful material in violation of this Section is a Class A misdemeanor. A second or subsequent offense is a Class 4 felony.

(f) Any person under the age of 18 who that falsely states, either orally or in writing, that he or she is not under the age of 18, or who that presents or offers to any person any evidence of age and identity that is false or not actually his or her own with the intent for the purpose of ordering, obtaining, viewing, or otherwise procuring or attempting to procure or view any harmful material is guilty of a Class B misdemeanor.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.125) (was 720 ILCS 5/11-23)

Sec. 11-6.125 11-23. Posting of identifying information on a pornographic internet Internet site.

(a) A person at least 17 years of age who knowingly discloses on an adult obscenity or child pornography internet Internet site the name, address, telephone number, or e-mail address of a person under 17 years of age at the time of the commission of the offense or of a person at least 17 years of age without the consent of the person at least 17 years of age is guilty of the offense of posting of identifying information on a pornographic internet Internet site.

(b) Sentence. A person who violates this Section is guilty of a Class 4 felony if the victim is at least 17 years of age at the time of the offense and a Class 3 felony if the victim is under 17 years of age at the time of the offense.

(c) (Blank). Definitions. For purposes of this Section:

(1) "Adult obscenity or child pornography Internet site" means a site on the Internet that contains material that is obscene as defined in Section 11-20 of this Code or that is child pornography as defined in Section 11-20.1 of this Code.

(2) "Internet" includes the World Wide Web, electronic mail, a news group posting, or Internet file transfer.

(Source: P.A. 91-222, eff. 7-22-99.)

(720 ILCS 5/11-6.130) (was 720 ILCS 5/11-20.2)

Sec. 11-6.130 11-20.2. Duty of commercial film and photographic print processors to report sexual depictions of children. Any commercial film and photographic print processor who has knowledge of or observes, within the scope of his professional capacity or employment, any film, photograph, videotape, negative or slide which depicts a child whom the processor knows or reasonably should know to be under the age of 18 where such child is:

(i) actually or by simulation engaged in any act of sexual intercourse with any person or animal; or

(ii) actually or by simulation engaged in any act of sexual contact involving the sex organs of the child and the mouth, anus, or sex organs of another person or animal; or which involves the mouth, anus or sex organs of the child and the sex organs of another person or animal; or

(iii) actually or by simulation engaged in any act of masturbation; or

(iv) actually or by simulation portrayed as being the object of, or otherwise engaged in, any act of lewd fondling, touching, or caressing involving another person or animal; or

(v) actually or by simulation engaged in any act of excretion or urination within a sexual context; or

(vi) actually or by simulation portrayed or depicted as bound, fettered, or subject to sadistic, masochistic, or sadomasochistic abuse in any sexual context; shall report such instance to a peace officer immediately or as soon as possible. Failure to make such report shall be a business offense with a fine of $1,000.

(Source: P.A. 84-1280.)

(720 ILCS 5/11-6.135) (was 720 ILCS 5/11-22)

Sec. 11-6.135 11-22. Tie-in sales of obscene publications to distributors.

Any person, firm or corporation, or any agent, officer or employee thereof, engaged in the business of distributing books, magazines, periodicals, comic books or other publications to retail dealers, who shall refuse to furnish to any retail dealer such quantity of books, magazines, periodicals, comic books or other publications as such retail dealer normally sells because the retail dealer refuses to sell, or offer for sale, any books, magazines, periodicals, comic books or other publications which are obscene, lewd, lascivious, filthy or indecent is guilty of a petty offense. Each publication sold or delivered in violation of this Act shall constitute a separate petty offense.

(Source: P.A. 77-2638.)

(720 ILCS 5/11-6.140) (was 720 ILCS 5/12B-1)

Sec. 11-6.140 12B-1. Short title. Sections 11-6.140 through 11-6.175 This Article may be cited as the Sexually Explicit Video Games Law.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.145) (was 720 ILCS 5/12B-5)

Sec. 11-6.145 12B-5. Findings. The General Assembly finds sexually explicit video games inappropriate for minors and that the State has a compelling interest in assisting parents in protecting their minor children from sexually explicit video games.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.150) (was 720 ILCS 5/12B-10)

Sec. 11-6.150 12B-10. Definitions. For the purposes of Sections 11-6.140 through 11-6.175 this Article, the following terms have the following meanings:

(a) "Video game retailer" means a person who sells or rents video games to the public.

(b) "Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.

(c) "Minor" means a person under 18 years of age.

(d) "Person" includes but is not limited to an individual, corporation, partnership, and association.

(e) "Sexually explicit" video games include those that the average person, applying contemporary community standards would find, with respect to minors, is designed to appeal or pander to the prurient interest and depict or represent in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act or a lewd exhibition of the genitals or post-pubescent female breast.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.155) (was 720 ILCS 5/12B-15)

Sec. 11-6.155 12B-15. Restricted sale or rental of sexually explicit video games.

(a) A person who sells, rents, or permits to be sold or rented, any sexually explicit video game to any minor, commits a petty offense for which a fine of $1,000 may be imposed.

(b) A person who sells, rents, or permits to be sold or rented any sexually explicit video game via electronic scanner must program the electronic scanner to prompt sales clerks to check identification before the sale or rental transaction is completed. A person who violates this subsection (b) commits a petty offense for which a fine of $1,000 may be imposed.

(c) A person may not sell or rent, or permit to be sold or rented, any sexually explicit video game through a self-scanning checkout mechanism. A person who violates this subsection (c) commits a petty offense for which a fine of $1,000 may be imposed.

(d) A retail sales clerk shall not be found in violation of this Section unless he or she has complete knowledge that the party to whom he or she sold or rented a sexually explicit video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.160) (was 720 ILCS 5/12B-20)

Sec. 11-6.160 12B-20. Affirmative defenses. In any prosecution arising under Sections 11-6.140 through 11-6.175 this Article, it is an affirmative defense:

(1) that the defendant was a family member of the minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;

(2) that the minor who purchased the video game exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;

(3) for the video game retailer, if the retail sales clerk had complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so; or

(4) that the video game sold or rented was pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.165) (was 720 ILCS 5/12B-25)

Sec. 11-6.165 12B-25. Labeling of sexually explicit video games.

(a) Video game retailers shall label all sexually explicit video games as defined in Sections 11-6.140 through 11-6.175 this Act, with a solid white "18" outlined in black. The "18" shall have dimensions of no less than 2 inches by 2 inches. The "18" shall be displayed on the front face of the video game package.

(b) A retailer who fails to comply with this Section is guilty of a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.170) (was 720 ILCS 5/12B-30)

Sec. 11-6.170 12B-30. Posting notification of video games rating system.

(a) A retailer who sells or rents video games shall post a sign that notifies customers that a video game rating system, created by the Entertainment Software Ratings Board, is available to aid in the selection of a game. The sign shall be prominently posted in, or within 5 feet of, the area in which games are displayed for sale or rental, at the information desk if one exists, and at the point of purchase.

(b) The lettering of each sign shall be printed, at a minimum, in 36-point type and shall be in black ink against a light colored background, with dimensions of no less than 18 by 24 inches.

(c) A retailer's failure to comply with this Section is a petty offense punishable by a fine of $500 for the first 3 violations, and $1,000 for every subsequent violation.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/11-6.175) (was 720 ILCS 5/12B-35)

Sec. 11-6.175 12B-35. Availability of brochure describing rating system.

(a) A video game retailer shall make available upon request a brochure to customers that explains the Entertainment Software Ratings Board ratings system.

(b) A retailer who fails to comply with this Section shall receive the punishment described in subsection (b) of Section 11-6.165 12B-25.

(Source: P.A. 94-315, eff. 1-1-06.)

(720 ILCS 5/12-0.5 new)

Sec. 12-0.5. Definitions. The definitions included in this Section shall apply to this Article 12 of this Code.

"Abandon". For purposes of the offense of abuse or neglect of an elderly person or person with a disability, "abandon" means to knowingly desert or knowingly forsake an elderly person or person with a disability under circumstances in which a reasonable person would continue to provide care and custody.

"Abuse". For purposes of the offense of domestic battery and related offenses, "abuse" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.

"Caregiver". For purposes of the offenses of abuse or neglect of a long term care facility resident and abuse or neglect of an elderly person or person with a disability, "caregiver" means a person who has a duty to provide for an elderly person's or person with a disability's health and personal care, at such person's place of residence, including but not limited to, food and nutrition, shelter, hygiene, prescribed medication and medical care and treatment. "Caregiver" shall include: a parent, spouse, adult child or other relative by blood or marriage who resides with or resides in the same building with or regularly visits the elderly person or person with a disability, knows or reasonably should know of such person's physical or mental impairment and knows or reasonably should know that such person is unable to adequately provide for his or her own health and personal care; a person who is employed by the elderly person or person with a disability or by another to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; a person who has agreed for consideration to reside with or regularly visit the elderly person or person with a disability and provide for such person's health and personal care; and a person who has been appointed by a private or public agency or by a court of competent jurisdiction to provide for the elderly person's or person with a disability's health and personal care. "Caregiver" shall not include a long term care facility licensed or certified under the Nursing Home Care Act or any administrative, medical or other personnel of such a facility, or a health care provider who is licensed under the Medical Practice Act of 1987 and renders care in the ordinary course of his or her profession.

"Coach". For purposes of the offense of aggravated assault, "coach" means a person recognized as a coach by the sanctioning authority that conducted the athletic contest.

"Correctional employee". For purposes of the offense of aggravated battery, "correctional employee" means a person who is employed by a penal institution.

"Domestic violence". For purposes of the offense of domestic battery and related offenses, "domestic violence" means physical abuse, harassment, intimidation of a dependent, interference with personal liberty, or willful deprivation but does not include reasonable direction of a minor child by a parent or person in loco parentis.

"Domestic violence shelter". For purposes of the offense of aggravated battery, "domestic violence shelter" means any building or other structure known to the offender to be used to provide shelter or other services to victims or to the dependent children of victims of domestic violence pursuant to the Illinois Domestic Violence Act of 1986 or the Domestic Violence Shelters Act, and, with respect to the person battered, includes the area within 500 feet of such a building or other structure while going to or from such a building or other structure. "Building or other structure used to provide shelter" has the meaning ascribed to "shelter" in Section 1 of the Domestic Violence Shelters Act.

"Designated victim". For purposes of the offense of aggravated battery, a "designated victim" means a peace officer, a community policing volunteer, a correctional institution employee, or a fire fighter while such officer, volunteer, employee, or fire fighter is engaged in the execution of any official duties, including arrest or attempted arrest, or an officer, volunteer, employee, or fire fighter who is battered to prevent the officer, volunteer, employee, or fire fighter from performing official duties, or is battered in retaliation for the officer, volunteer, employee, or fire fighter performing official duties.

"Elderly person". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "elderly person" means a person 60 years of age or older who is incapable of adequately providing for his or her own health and personal care.

"Emergency medical technician". For purposes of the offense of aggravated assault and aggravated battery, "emergency medical technician" shall include paramedic, ambulance driver, or other medical assistance or first aid personnel, employed by a municipality or other governmental unit.

"Exploitation". For purposes of the offense of domestic battery and related offenses, "exploitation" has the meaning ascribed to it in Section 103 of the Illinois Domestic Violence Act of 1986.

"Facility" or "long term care facility". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "facility" or "long term care facility" means a private home, institution, building, residence, or any other place, whether operated for profit or not, or a county home for the infirm and chronically ill operated pursuant to Division 5-21 or 5-22 of the Counties Code, or any similar institution operated by the State of Illinois or a political subdivision thereof, which provides, through its ownership or management, personal care, sheltered care or nursing for 3 or more persons not related to the owner by blood or marriage. The term also includes skilled nursing facilities and intermediate care facilities as defined in Title XVIII and Title XIX of the federal Social Security Act and assisted living establishments and shared housing establishments licensed under the Assisted Living and Shared Housing Act.

"Family or household members". For purposes of the offense of domestic battery and related offenses, "family or household members" means spouses, former spouses, parents, children, stepchildren and other persons related by blood or by present or prior marriage, persons who share or formerly shared a common dwelling, persons who have or allegedly have a child in common, persons who share or allegedly share a blood relationship through a child, persons who have or have had a dating or engagement relationship, persons with a disability and their personal assistants, and caregivers. For purposes of this paragraph, neither a casual acquaintanceship nor ordinary fraternization between 2 individuals in business or social contexts shall be deemed to constitute a dating relationship.

"High-risk adult with a disability". For purposes of the offense of domestic battery and related offenses, "high-risk adult with a disability" means a person aged 18 or over whose physical or mental disability impairs his or her ability to seek or obtain protection from abuse, neglect, or exploitation.

"Immediate family". For purposes of the offense of threatening public officials, "immediate family" means a public official's spouse or child or children.

"In the presence of a child". For purposes of the offense of domestic battery and related offenses, "in the presence of a child" means in the physical presence of a child or knowing or having reason to know that a child is present and may see or hear an act constituting domestic battery or a related offense.

"Licensee". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "licensee" means the individual or entity licensed to operate a facility under the Nursing Home Care Act or the Assisted Living and Shared Housing Act.

"Machine gun". For purposes of the offense of aggravated battery, "machine gun" has the meaning ascribed to it in clause (i) of paragraph (7) of subsection (a) of Section 24-1 of this Code.

"Neglect". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "neglect" means negligently failing to provide adequate medical or personal care or maintenance, which failure results in physical or mental injury or the deterioration of a physical or mental condition.

"Owner". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "owner" means the person who owns a long term care facility as provided under the Nursing Home Care Act or an assisted living or shared housing establishment under the Assisted Living and Shared Housing Act.

"Park district employee". For purposes of the offense of aggravated assault, "park district employee" means a supervisor, director, instructor or other person employed in any park district.

"Person with a disability". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "person with a disability" means a person who suffers from a permanent physical or mental impairment, resulting from disease, injury, functional disorder or congenital condition, which renders such person incapable of adequately providing for his or her own health and personal care.

"Public aid employee". For purposes of the offense of aggravated assault, "public aid employee" means a caseworker, investigator, or other person employed by the Illinois Department of Healthcare and Family Services (acting as successor to the Illinois Department of Public Aid under the Illinois Public Aid Code), a County Department of Public Aid, or the Department of Human Services (acting as successor to the Illinois Department of Public Aid under the Department of Human Services Act) where such caseworker, investigator, or other person is upon the grounds of a public aid office or grounds adjacent thereto, or is in any part of a building used for public aid purposes, or upon the grounds of a home of a public aid applicant or recipient or any other person being interviewed or investigated in the employee's discharge of his or her duties, or on grounds adjacent thereto, or is in any part of a building in which the applicant, recipient, or other such person resides or is located.

"Public official". For purposes of the offense of threatening public officials, "public official" means a person who is elected to office in accordance with a statute or who is appointed to an office which is established, and the qualifications and duties of which are prescribed, by statute, to discharge a public duty for the State or any of its political subdivisions or in the case of an elective office any person who has filed the required documents for nomination or election to such office. "Public official" includes a duly appointed assistant State's Attorney, Assistant Attorney General, and Appellate Prosecutor.

"Resident". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "resident" means a person residing in a long term care facility.

"School grounds". For purposes of the offense of criminal street gang recruitment on school grounds or public property adjacent to school grounds, "school grounds" means the building or buildings or real property comprising a public or private elementary or secondary school, community college, college, or university and includes a school yard, school playing field, and school playground.

"Sexual orientation". For purposes of the offense of hate crime, "sexual orientation" means heterosexuality, homosexuality, or bisexuality.

"Sporting venue". For purposes of the offenses of aggravated battery and aggravated assault, "sporting venue" means a publicly or privately owned sports or entertainment arena, stadium, community or convention hall, special event center, amusement facility, or a special event center in a public park, when a professional sporting event, National Collegiate Athletic Association (NCAA)-sanctioned sporting event, United States Olympic Committee-sanctioned sporting event, or International Olympic Committee-sanctioned sporting event is taking place in this venue, or within 12 hours before or after the event.

"Sports official". For purposes of the offense of aggravated assault, "sports official" means a person at an athletic contest who enforces the rules of the contest, such as an umpire or referee.

"Streetgang", "streetgang member", "organized gang". For purposes of the offense of aggravated intimidation, and Section 12-113, Criminal street gang recruitment on school grounds or public property adjacent to school grounds, "streetgang", "streetgang member", and "organized gang" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.

"Teacher or school employee". For purposes of the offenses of aggravated battery and aggravated assault, "teacher or school employee" means a teacher or other person employed in any school where such teacher or other employee is upon the grounds of a school or grounds adjacent thereto, or is in any part of a building used for school purposes.

"Tongue splitting". "Tongue splitting" means the cutting of a human tongue into 2 or more parts.

"Transit employee or passenger". For purposes of the offenses of aggravated assault and aggravated battery, "transit employee or passenger" means a driver, operator, employee or passenger of any transportation facility or system engaged in the business of transportation of the public for hire, or a passenger or using any area of any description designated by the transportation facility or system as a vehicle boarding, departure, or transfer location.

"Willful deprivation". For purposes of the offense of abuse or neglect of a long term care facility resident, elderly person or person with a disability, "willful deprivation" has the meaning ascribed to it in paragraph (15) of Section 103 of the Illinois Domestic Violence Act of 1986.

(720 ILCS 5/12-101) (was 720 ILCS 5/12-1)

Sec. 12-101 12-1. Assault.

(a) A person commits an assault when, without lawful authority, he or she knowingly engages in conduct which places another in reasonable apprehension of receiving a battery.

(b) Sentence. Assault is a Class C misdemeanor.

(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of assault to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.

This subsection does not apply when the court imposes a sentence of incarceration.

(Source: P.A. 88-558, eff. 1-1-95; 89-8, eff. 3-21-95.)

(720 ILCS 5/12-102 new)

Sec. 12-102. Aggravated assault.

(a) Location of conduct. A person commits aggravated assault when in committing an assault, the individual assaulted is, or the defendant is, on or about a public way, public property, a public place of accommodation or amusement, or a sporting venue, as defined in this Article 12.

(b) Status of a victim. A person commits aggravated assault when, in committing an assault, he or she knows the individual assaulted to be:

(1) a physically handicapped person or a person who is 60 years of age or older;

(2) a teacher or school employee, public aid employee, park district employee, transit employee or passenger, or sports official or coach as defined in this Article 12;

(3) an employee of the State of Illinois, a municipal corporation therein or a political subdivision thereof, engaged in the performance of his or her authorized duties as such employee;

(4) a peace officer, community policing volunteer, fireman, emergency medical technician, emergency management worker, or employee of a police or sheriff's department, who is engaged in the execution of any of his or her official duties, who is assaulted to prevent that person from performing his or her official duties, or who is assaulted in retaliation for performing his or her official duties, and a firearm is used, but not discharged, in the assault; or

(5) a correctional officer, a correctional employee, or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons, while that person is engaged in the execution of any of his or her official duties, or to prevent the officer or employee from performing his or her official duties, or in retaliation for the officer or employee performing his or her official duties.

(c) Conduct of a defendant. A person commits aggravated assault when, in committing an assault, he or she:

(1) Uses a deadly weapon or any device manufactured and designed to be substantially similar in appearance to a firearm, other than by discharging a firearm, or using a firearm against persons designated in paragraph (b)(4).

(2) Wears a hood, robe, or mask, or otherwise conceals his or her identity.

(3) Knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes near or in the immediate vicinity of any person.

(4) Discharges a firearm.

(d) Sentence. Aggravated assault as defined in subsection (a) or paragraph (b)(1), (b)(2), (b)(3), (c)(1), or (c)(2) is a Class A misdemeanor. Aggravated assault as defined in paragraph (b)(4), (b)(5), (c)(3), or (c)(4) is a Class 4 felony.

(720 ILCS 5/12-103) (was 720 ILCS 5/12-3)

Sec. 12-103 12-3. Battery.

(a) A person commits battery if he or she intentionally or knowingly without legal justification and by any means, (1) causes bodily harm to an individual or (2) makes physical contact of an insulting or provoking nature with an individual.

(b) Sentence.

Battery is a Class A misdemeanor.

(Source: P.A. 77-2638.)

(720 ILCS 5/12-104) (was 720 ILCS 5/12-3.1)

Sec. 12-104 12-3.1. Battery of an Unborn Child and aggravated battery of an unborn child.

(a) Battery of unborn child. A person commits battery of an unborn child if he or she intentionally or knowingly without legal justification and by any means causes bodily harm to an unborn child.

(b) Aggravated battery of an unborn child. A person who, in committing battery of an unborn child, knowingly causes great bodily harm or permanent disability or disfigurement commits aggravated battery of an unborn child.

(c) For purposes of this Section, (1) "unborn child" shall mean any individual of the human species from fertilization until birth, and (2) "person" shall not include the pregnant woman whose unborn child is harmed.

(d) (c) Sentence. Battery of an unborn child is a Class A misdemeanor. Aggravated battery of an unborn child is a Class 2 felony.

(e) (d) This Section shall not apply to acts which cause bodily harm to an unborn child if those acts were committed during any abortion, as defined in Section 2 of the Illinois Abortion Law of 1975, as amended, to which the pregnant woman has consented. This Section shall not apply to acts which were committed pursuant to usual and customary standards of medical practice during diagnostic testing or therapeutic treatment.

(Source: P.A. 84-1414.)

(720 ILCS 5/12-105 new)

Sec. 12-105. Aggravated battery.

(a) Injury. A person commits aggravated battery when, other than by the discharge of a firearm, in committing a battery, he or she:

(1) knowingly causes great bodily harm, or permanent disability or disfigurement; or

(2) knowingly causes severe and permanent disability, great bodily harm or disfigurement by means of a caustic or flammable substance, a poisonous gas, a deadly biological or chemical contaminant or agent, a radioactive substance, or a bomb or explosive compound.

(b) Location of the conduct. A person commits aggravated battery when, in committing a battery, other than by discharge of a firearm, he or she is, or the person battered is, on or about a public way, public property, a public place of accommodation or amusement, a sporting venue, or a domestic violence shelter as defined in this Article.

(c) Status of the victim. A person commits aggravated battery when, other than by discharge of a firearm, he or she:

(1) commits a battery and knows the individual battered to be:

(i) an officer or employee of the State of Illinois, a unit of local government, or a school district, or a teacher or school employee as defined in this Article, engaged in the performance of his or her authorized duties;

(ii) an emergency medical technician, emergency management worker, or community policing volunteer, who is engaged in the performance of his or her official duties, who is battered to prevent the technician, worker, or volunteer from performing official duties, or who is battered in retaliation for performing official duties;

(iii) a judge whom the person intended to harm as a result of the judge's performance of his or her official duties as a judge;

(iv) an individual of 60 years or older;

(v) a person who is pregnant or physically handicapped; or

(vi) a transit employee or passenger; or

(2) without legal justification and by any means causes bodily harm to a merchant who detains the person for an alleged commission of retail theft under Section 16-201 of this Code.

(d) Conduct of the defendant. A person commits aggravated battery when he or she:

(1) in committing a battery, uses a deadly weapon other than by the discharge of a firearm; or

(2) in committing a battery, by means of the discharging of a firearm, causes any injury to:

(i) another person; or

(ii) a person he or she knows to be a designated victim, a teacher or school employee, an emergency management worker, or an emergency medical technician as defined in this Article 12; or

(3) in committing a battery and other than by discharge of a firearm, is hooded, robed or masked, in such manner as to conceal his or her identity; or

(4) other than by discharge of a firearm, knowingly and without lawful justification shines or flashes a laser gunsight or other laser device that is attached or affixed to a firearm, or used in concert with a firearm, so that the laser beam strikes upon or against the person of another.

(e) Miscellaneous. A person commits aggravated battery when he or she, other than by discharge of a firearm:

(1) violates Section 401 of the Illinois Controlled Substances Act by unlawfully delivering a controlled substance to another if any user experiences great bodily harm or permanent disability as a result of the injection, inhalation or ingestion of any amount of that controlled substance;

(2) knowingly administers to an individual or causes him or her to take, without his or her consent or by threat or deception, and for other than medical purposes, any intoxicating, poisonous, stupefying, narcotic, anesthetic, or controlled substance, or gives to another person any food containing any substance or object intended to cause physical injury if eaten; or

(3) knowingly causes or attempts to cause a correctional employee or an employee of the Department of Human Services to come into contact with blood, seminal fluid, urine, or feces, by throwing, tossing, or expelling that fluid or material and the person is an inmate of a penal institution or a sexually dangerous person or a sexually violent person in the custody of the Department of Human Services.

(f) Sentence.

(1) Aggravated battery is a Class 3 felony, except as otherwise provided in paragraphs (2), (3), and (4) of this subsection (f).

(2) Aggravated battery is a Class 2 felony when:

(i) the defendant commits aggravated battery that does not cause great bodily harm or permanent disability or disfigurement and the person knows the individual battered is a designated victim, as defined in Section 12-0.5, or an employee of the Department of Human Services supervising or controlling sexually violent persons or sexually dangerous persons, other than by the discharge of a firearm; or

(ii) the defendant violates subsection (c)(1)(iv) where, in committing the battery, he or she knowingly causes great bodily harm or permanent disability or disfigurement.

(3) Aggravated battery is a Class 1 felony when:

(i) the defendant violates subsection (e)(1); or

(ii) the defendant commits aggravated battery that causes great bodily harm or permanent disability or disfigurement and the person knows the individual battered is a designated victim, as defined in Section 12-0.5, or an employee of the Department of Human Services supervising or controlling sexually dangerous persons or sexually violent persons and the battery is committed other than by the discharge of a firearm.

(4) Aggravated battery is a Class X felony when:

(i) the defendant violates paragraph (a)(1) and he or she is of the age 18 years and upwards and the person battered is a child under the age of 13 years or any severely or profoundly mentally retarded person, except that:

(A) if the person committed the offense while armed with a firearm, 15 years shall be added to the term of imprisonment imposed by the court;

(B) if, during the commission of the offense, the person personally discharged a firearm, 20 years shall be added to the term of imprisonment imposed by the court; and

(C) if, during the commission of the offense, the person personally discharged a firearm that proximately caused great bodily harm, permanent disability, permanent disfigurement, or death to another person, 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court;

(ii) the defendant violates paragraph (d)(2)(i) of this Section; a violation of paragraph (d)(2)(ii) is a Class X felony for which the sentence shall be a term of imprisonment of no less than 15 years and no more than 60 years;

(iii) the defendant violates paragraph (d)(2)(i), where the firearm discharged is a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm, and the person shall be sentenced to a term of imprisonment of no less than 12 years and no more than 45 years; a violation of paragraph (d)(2)(ii), where the firearm discharged is a machine gun or a firearm equipped with any device or attachment designed or used for silencing the report of a firearm is a Class X felony for which the sentence shall be a term of imprisonment of no less than 20 years and no more than 60 years; or

(iv) the defendant violates paragraph (a)(2), and the person shall be sentenced to a term of imprisonment of no less than 6 years and no more than 45 years.

(720 ILCS 5/12-106 new)

Sec. 12-106. Domestic battery and aggravated domestic battery.

(a) A person commits domestic battery if he or she knowingly without legal justification by any means:

(1) causes bodily harm to any family or household member as defined in subsection (3) of Section 112A-3 of the Code of Criminal Procedure of 1963; or

(2) makes physical contact of an insulting or provoking nature with any family or household member.

(b) A person who, in committing a domestic battery, knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.

(c) Sentence.

(1) Except as provided in paragraph (3), domestic battery is a Class A misdemeanor. Domestic battery is a Class 4 felony if the defendant has any prior conviction under this Code for domestic battery, or violation of an order of protection, or any prior conviction under the law of another jurisdiction for an offense which is substantially similar to these. In addition to any other sentencing alternatives, for any second or subsequent conviction of domestic battery, the offender shall be mandatorily sentenced to a minimum of 72 consecutive hours of imprisonment. The imprisonment shall not be subject to suspension, nor shall the person be eligible for probation in order to reduce the sentence.

(2) Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years.

(3) Domestic battery in violation of subsection (a) is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (subsection (b) of this Section), aggravated battery (Section 12-105), the former offense of heinous battery (Section 12-4.1), the former offense of aggravated battery with a firearm (Section 12-4.2), the former offense of aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (b) of Section 12-104), the former offense of aggravated battery of a senior citizen (Section 12-4.6), stalking (subsections (a) and (b) of Section 12-116), aggravated stalking (subsection (c) of Section 12-116), criminal sexual assault (subsection (a) of Section 11-6.35), aggravated criminal sexual assault (subsection (b) of Section 11-6.35), kidnapping (subsection (a) of Section 10-1), aggravated kidnapping (subsection (b) of Section 10-1), predatory criminal sexual assault of a child (Section 11-6.40), aggravated criminal sexual abuse (subsection (b) of Section 11-6.45), unlawful restraint (subsection (a) of Section 10-3), aggravated unlawful restraint (subsection (b) of Section 10-3), aggravated arson (Section 20-1.1), or aggravated discharge of a firearm (subsection (a) of Section 24-18) or any prior conviction under the law of another jurisdiction for any offense that is substantially similar to the offenses listed in this paragraph, when any of these offenses have been committed against a family or household member.

(4) If a felony domestic battery, aggravated domestic battery, aggravated battery, unlawful restraint, or aggravated unlawful restraint, as defined in this Code, is committed against a family or household member in the presence of a child, the defendant shall be required to serve a mandatory minimum imprisonment of 10 days or perform 300 hours of community service, or both. The defendant shall further be liable for the cost of any counseling required for the child at the discretion of the court in accordance with subsection (b) of Section 5-5-6 of the Unified Code of Corrections.

(720 ILCS 5/12-107 new)

Sec. 12-107. Interfering with the reporting of domestic violence and Disclosure of location of domestic violence victim.

(a) A person commits the offense of interfering with the reporting of domestic violence when, after having committed an act of domestic violence, he or she knowingly prevents or attempts to prevent the victim of or a witness to the act of domestic violence from calling a 9-1-1 emergency telephone system, obtaining medical assistance, or making a report to any law enforcement official.

(b) A person commits the offense of disclosure of location of domestic violence victim when he or she publishes, disseminates or otherwise discloses the location of any domestic violence victim without that person's authorization, knowing the disclosure will result in, or has the substantial likelihood of resulting in, the threat of bodily harm.

(1) Nothing in this subsection shall apply to confidential communications between an attorney and his or her client.

(c) Sentence. Interfering with the reporting of domestic violence is a Class A misdemeanor. Disclosure of location of domestic violence victim is a Class A misdemeanor.

(720 ILCS 5/12-108 new)

Sec. 12-108. Violation of an order of protection.

(a) A person commits violation of an order of protection if:

(1) He or she knowingly commits an act which was prohibited by a court or fails to commit an act which was ordered by a court in violation of:

(A) a remedy in a valid order of protection authorized under paragraphs (1), (2), (3), (14), or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986.

(B) a remedy, which is substantially similar to the remedies authorized under paragraphs (1), (2), (3), (14) or (14.5) of subsection (b) of Section 214 of the Illinois Domestic Violence Act of 1986, in a valid order of protection, which is authorized under the laws of another state, tribe or United States territory.

(C) any other remedy when the act constitutes a crime against the protected parties as the term protected parties is defined in Section 112A-4 of the Code of Criminal Procedure of 1963; and

(2) Such violation occurs after the offender has been served notice of the contents of the order, pursuant to the Illinois Domestic Violence Act of 1986 or any substantially similar statute of another state, tribe or United States territory, or otherwise has acquired actual knowledge of the contents of the order.

(3) An order of protection issued by a state, tribal or territorial court related to domestic or family violence shall be deemed valid if the issuing court had jurisdiction over the parties and matter under the law of the state, tribe or territory. There shall be a presumption of validity where an order is certified and appears authentic on its face. For purposes of this subsection, an "order of protection" may have been issued in a criminal or civil proceeding.

(4) Nothing in this subsection shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through civil or criminal contempt proceedings.

(5) Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of a foreign order of protection.

(6) The limitations placed on law enforcement liability by Section 305 of the Illinois Domestic Violence Act of 1986 apply to actions taken under this subsection.

(b) Sentence.

(1) Violation of an order of protection is a Class A misdemeanor. Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for Domestic battery or Violation of an order of protection. Violation of an order of protection is a Class 4 felony if the defendant has any prior conviction under this Code for first degree murder (Section 9-1), attempt to commit first degree murder (Section 8-4), aggravated domestic battery (subsection (b) of 12-106), aggravated battery (Section 12-105), the former offense of heinous battery (Section 12-4.1), the former offense of aggravated battery with a firearm (Section 12-4.2), the former offense of aggravated battery of a child (Section 12-4.3), aggravated battery of an unborn child (subsection (b) of Section 12-104), the former offense of aggravated battery of a senior citizen (Section 12-4.6), stalking 3