Bill Status of SB0697  95th General Assembly


Short Description:  CRIMINAL LAW-TECH

Senate Sponsors
Sen. A. J. Wilhelmi - John J. Millner - Linda Holmes - Kwame Raoul - William R. Haine, Antonio Munoz, Matt Murphy, Ira I. Silverstein, Martin A. Sandoval, Pamela J. Althoff, Randall M. Hultgren, Jacqueline Y. Collins, Michael Bond, Terry Link and Gary Forby

House Sponsors
(Rep. Esther Golar - Fred Crespo - John E. Bradley - Daniel V. Beiser, Linda Chapa LaVia, Edward J. Acevedo, Elizabeth Hernandez, Cynthia Soto, Charles E. Jefferson, Careen M Gordon, Constance A. Howard, Naomi D. Jakobsson, Lisa M. Dugan, Arthur L. Turner, Michael K. Smith, Patrick J Verschoore, Dan Reitz and Brandon W. Phelps)

Last Action
DateChamber Action
  8/31/2007SenatePublic Act . . . . . . . . . 95-0579

Statutes Amended In Order of Appearance
720 ILCS 5/11-9.1from Ch. 38, par. 11-9.1


Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the sexual exploitation of children.

Senate Floor Amendment No. 3
Deletes reference to:
720 ILCS 5/11-9.1
Adds reference to:
720 ILCS 5/11-20.1Afrom Ch. 38, par. 11-20.1A
720 ILCS 5/11-20.3 new
730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
730 ILCS 150/2from Ch. 38, par. 222

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.

House Committee Amendment No. 1
Adds reference to:
730 ILCS 5/3-3-7from Ch. 38, par. 1003-3-7
730 ILCS 5/5-4-3.2 new
730 ILCS 150/3from Ch. 38, par. 223
730 ILCS 150/8-5
730 ILCS 150/10from Ch. 38, par. 230

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.

House Floor Amendment No. 2
Defines "sexual predator" to include a person who is convicted of aggravated child pornography.

Actions 
DateChamber Action
  2/8/2007SenateFiled with Secretary by Sen. A. J. Wilhelmi
  2/8/2007SenateFirst Reading
  2/8/2007SenateReferred to Rules
  3/7/2007SenateAssigned to Judiciary Criminal Law
  3/7/2007SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. A. J. Wilhelmi
  3/7/2007SenateSenate Committee Amendment No. 1 Referred to Rules
  3/7/2007SenateAdded as Chief Co-Sponsor Sen. John J. Millner
  3/8/2007SenateAdded as Chief Co-Sponsor Sen. Linda Holmes
  3/8/2007SenateAdded as Co-Sponsor Sen. Antonio Munoz
  3/8/2007SenateAdded as Chief Co-Sponsor Sen. Kwame Raoul
  3/13/2007SenateAdded as Co-Sponsor Sen. Matt Murphy
  3/13/2007SenateAdded as Chief Co-Sponsor Sen. William R. Haine
  3/13/2007SenateAdded as Co-Sponsor Sen. Ira I. Silverstein
  3/14/2007SenateDo Pass Judiciary Criminal Law; 006-000-000
  3/14/2007SenatePlaced on Calendar Order of 2nd Reading March 15, 2007
  3/14/2007SenateAdded as Co-Sponsor Sen. Martin A. Sandoval
  3/21/2007SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  3/22/2007SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. A. J. Wilhelmi
  3/22/2007SenateSenate Floor Amendment No. 2 Referred to Rules
  3/28/2007SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. A. J. Wilhelmi
  3/28/2007SenateSenate Floor Amendment No. 3 Referred to Rules
  3/29/2007SenateSecond Reading
  3/29/2007SenatePlaced on Calendar Order of 3rd Reading March 30, 2007
  3/30/2007SenateRule 2-10 Third Reading Deadline Established As May 31, 2007
  4/19/2007SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary Criminal Law
  4/19/2007SenateSenate Floor Amendment No. 3 Recommend Do Adopt Judiciary Criminal Law; 008-000-000
  5/8/2007SenateAdded as Co-Sponsor Sen. Randall M. Hultgren
  5/8/2007SenateRecalled to Second Reading
  5/8/2007SenateSenate Floor Amendment No. 3 Adopted; Wilhelmi
  5/8/2007SenatePlaced on Calendar Order of 3rd Reading
  5/8/2007SenateAdded as Co-Sponsor Sen. Jacqueline Y. Collins
  5/8/2007SenateThird Reading - Passed; 057-000-000
  5/8/2007SenateSenate Committee Amendment No. 1 Tabled Pursuant to Rule 5-4(a)
  5/8/2007SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/8/2007HouseArrived in House
  5/8/2007HousePlaced on Calendar Order of First Reading
  5/8/2007HouseChief House Sponsor Rep. Esther Golar
  5/9/2007HouseFirst Reading
  5/9/2007HouseReferred to Rules Committee
  5/14/2007HouseAssigned to Judiciary II - Criminal Law Committee
  5/18/2007HouseCommittee Deadline Extended-Rule 9(b) May 25, 2007
  5/22/2007HouseAdded Alternate Chief Co-Sponsor Rep. Fred Crespo
  5/22/2007HouseAdded Alternate Chief Co-Sponsor Rep. John E. Bradley
  5/22/2007HouseAdded Alternate Chief Co-Sponsor Rep. Daniel V. Beiser
  5/22/2007HouseAdded Alternate Co-Sponsor Rep. Linda Chapa LaVia
  5/22/2007HouseAdded Alternate Co-Sponsor Rep. Edward J. Acevedo
  5/22/2007HouseAdded Alternate Co-Sponsor Rep. Elizabeth Hernandez
  5/22/2007HouseAdded Alternate Co-Sponsor Rep. Cynthia Soto
  5/23/2007HouseAdded Alternate Co-Sponsor Rep. Charles E. Jefferson
  5/24/2007HouseHouse Committee Amendment No. 1 Filed with Clerk by Judiciary II - Criminal Law Committee
  5/24/2007HouseHouse Committee Amendment No. 1 Adopted in Judiciary II - Criminal Law Committee; by Voice Vote
  5/24/2007HouseDo Pass as Amended / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
  5/24/2007HousePlaced on Calendar 2nd Reading - Short Debate
  5/24/2007HouseAdded Alternate Co-Sponsor Rep. Careen M Gordon
  5/24/2007HouseAdded Alternate Co-Sponsor Rep. Constance A. Howard
  5/29/2007HouseSecond Reading - Short Debate
  5/29/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Lisa M. Dugan
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Arthur L. Turner
  5/30/2007HouseAdded Alternate Co-Sponsor Rep. Michael K. Smith
  5/30/2007HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Esther Golar
  5/30/2007HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  5/31/2007HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  5/31/2007HouseAdded Alternate Co-Sponsor Rep. Patrick J Verschoore
  5/31/2007HouseAdded Alternate Co-Sponsor Rep. Dan Reitz
  5/31/2007HouseAdded Alternate Co-Sponsor Rep. Brandon W. Phelps
  5/31/2007HouseRecalled to Second Reading - Short Debate
  5/31/2007HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/31/2007HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/31/2007HouseThird Reading - Short Debate - Passed 114-000-000
  5/31/2007SenateSecretary's Desk - Concurrence House Amendment(s) 01,02
  5/31/2007SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02 - June 1, 2007
  5/31/2007SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi
  5/31/2007SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/31/2007SenateHouse Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. A. J. Wilhelmi
  5/31/2007SenateHouse Floor Amendment No. 2 Motion to Concur Referred to Rules
  6/5/2007SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary Criminal Law
  6/5/2007SenateHouse Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary Criminal Law
  6/6/2007SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000
  6/6/2007SenateHouse Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Judiciary Criminal Law; 010-000-000
  6/6/2007Senate3/5 Vote Required
  6/6/2007SenateHouse Committee Amendment No. 1 Senate Concurs 053-000-000
  6/6/2007SenateHouse Floor Amendment No. 2 Senate Concurs 053-000-000
  6/6/2007SenateAdded as Co-Sponsor Sen. Michael Bond
  6/6/2007SenateAdded as Co-Sponsor Sen. Terry Link
  6/6/2007SenatePassed Both Houses
  7/5/2007SenateAdded as Co-Sponsor Sen. Gary Forby
  7/5/2007SenateSent to the Governor
  8/31/2007SenateGovernor Approved
  8/31/2007SenateEffective Date August 31, 2007; Generally Effective
  8/31/2007SenateEffective Date June 1, 2008; Some Parts
  8/31/2007SenatePublic Act . . . . . . . . . 95-0579