Illinois General Assembly - Bill Status for SB0697

Deletes everything after the enacting clause. Amends the Criminal Code of 1961. Creates the offense of aggravated child pornography. Provides for enhanced penalties for depictions of various sexual or lewd acts involving children under 13 years of age. Provides for the forfeiture of property and of the profits, proceeds, and interest in property acquired through aggravated child pornography. Amends the Unified Code of Corrections. Provides that a period of probation, a term of periodic imprisonment or conditional discharge shall not be imposed for a person who has been convicted of knowingly possessing sexually explicit or lewd photographs, films, videotapes, or other similar visual depictions by computer of a person whom the defendant knows or reasonably should know to be under 13 years of age if the defendant has previously been convicted under the laws of this State or any other state of the offense of child pornography, aggravated child pornography, aggravated criminal sexual abuse, aggravated criminal sexual assault, predatory criminal sexual assault of a child, or any of the offenses formerly known as rape, deviate sexual assault, indecent liberties with a child, or aggravated indecent liberties with a child where the victim was under the age of 18 years or an offense that is substantially equivalent to those offenses. Amends the Sex Offender Registration Act. Requires a person who commits aggravated child pornography to register as a sex offender.

Further amends the Unified Code of Corrections. Provides that as a condition of parole or mandatory supervised release, a person convicted of indecent solicitation of a child, child pornography, aggravated child pornography, or distributing harmful material must consent to search of computers, PDAs, cellular phones, and other devices under his or her control that are capable of accessing the Internet or storing electronic files, in order to confirm Internet protocol addresses. Authorizes the Attorney General to establish and maintain the "Illinois Cyber-crimes Location Database" (ICLD) to collect, store, and use Internet protocol (IP) addresses for purposes of investigating and prosecuting child exploitation crimes on the Internet. Further amends the Sex Offender Registration Act. Provides that a sex offender convicted of indecent solicitation of a child, child pornography, aggravated child pornography, or distributing harmful material shall provide the local law enforcement agency at the time of registering as a sex offender all Internet protocol (IP) addresses in his or her residence, registered in his or her name, accessible at his or her place of employment, or otherwise under his or her control or custody. Provides that any law enforcement agency registering sex offenders or sexual predators shall forward to the Attorney General a copy of sex offender registration forms from persons convicted of indecent solicitation of a child, child pornography, aggravated child pornography, or distributing harmful material, including periodic and annual registrations. Provides that the local law enforcement agency may verify the Internet protocol (IP) address of sex offenders who are required to register with their local law enforcement agency. Provides that a copy of any such verification must be sent to the Attorney General for entrance in the Illinois Cyber-crimes Location Database. Provides that the penalty provisions of the Sex Offender Registration Act for non-compliance with registration requirements do not apply if the sex offender accurately registered his or her Internet protocol address under the Act, and the address subsequently changed without his or her knowledge or intent. Provides that the provisions creating the Illinois Cyber-crimes Location Database take effect upon becoming law.

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