Illinois General Assembly - Bill Status for HB4623

Amends the Illinois Vehicle Code. Provides that a person who is convicted of obscene depiction of a purported child is ineligible to receive a school bus driver permit. Amends the Criminal Code of 2012. Provides that "child pornography" includes the depiction of a part of an actual child under 18 who by manipulation, creation, or modification, appears to be engaged in sexual activity. Creates the offenses of obscene depiction of a purported child and non-consensual dissemination of sexually explicit digitized depictions. Defines offenses and provides criminal penalties for violations. Amends the Code of Criminal Procedure of 1963. Provides for the forfeiture to the State: (1) of any profits or proceeds and any property the person has acquired or maintained in violation of those offenses; (2) any interest in, securities of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise that the person has established, operated, controlled, or conducted in violation of those offenses; and (3) any computer that contains an obscene depiction of a purported child. Amends the Bill of Rights for Children. Provides that under certain conditions, the parent or legal guardian of a child who is the victim of obscene depiction of a purported child may make a victim's impact statement on the impact which the defendant's criminal conduct or the juvenile's delinquent conduct has had upon the child. 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 specified violations of the offense of obscene depiction of a purported child. Provides for enhanced penalties for specified violations of obscene depiction of a purported child. Provides that the court shall impose a consecutive sentence when the defendant is convicted of specified violations of the offense of obscene depiction of a purported child. Amends the Sex Offender Registration Act to provide that a person convicted of obscene depiction of a purported child must register as a sex offender.

Further amends the Illinois Vehicle Code. Provides that a person convicted of committing or attempting to commit obscene depiction of a purported child is ineligible for a CDL with a school bus driver endorsement. Provides that, for purposes of the statute concerning child pornography, "child pornography" does not include images or materials in which the creator of the image or materials is the sole subject of the depiction. In the offense of obscene depiction of a purported child, specifies that it is an element of the offense to obtain (rather than to possess) the image or materials. In the offense of obscene depiction of a purported child, deletes from the definition of "obscene depiction" a cartoon or animation. Deletes the amendatory changes to the Sex Offender Registration Act. Adds a severability provision to the bill.

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