Bill Status of HB6462  96th General Assembly


Short Description:  CRIMINAL LAW-TECH

House Sponsors
Rep. William D. Burns - Charles E. Jefferson - Jim Durkin - Patricia R. Bellock - Edward J. Acevedo, Sara Feigenholtz, William Davis, Elizabeth Hernandez, Maria Antonia Berrios, Luis Arroyo, Susana A. Mendoza, Karen May, Al Riley, Jack D. Franks, Keith Farnham, Linda Chapa LaVia, Carol A. Sente, Deborah Mell, Michael J. Zalewski, Dennis M. Reboletti, Esther Golar, Eddie Lee Jackson, Sr. and Constance A. Howard

Senate Sponsors
(Sen. Jacqueline Y. Collins - Pamela J. Althoff - Iris Y. Martinez - Kimberly A. Lightford - Michael Noland, Dan Kotowski, Antonio Muņoz, A. J. Wilhelmi, David Koehler, Martin A. Sandoval, Dale E. Risinger, Heather Steans, William Delgado, Jeffrey M. Schoenberg, Ira I. Silverstein, Mattie Hunter, Emil Jones, III, Michael Bond, Donne E. Trotter, M. Maggie Crotty, Linda Holmes and Kyle McCarter)

Last Action
DateChamber Action
  8/20/2010HousePublic Act . . . . . . . . . 96-1464

Statutes Amended In Order of Appearance
720 ILCS 5/7-2from Ch. 38, par. 7-2


Synopsis As Introduced
Amends the Criminal Code of 1961. Makes a technical change in a Section concerning justification in the use of force against another person in defense of a dwelling.

House Floor Amendment No. 1
Deletes reference to:
720 ILCS 5/7-2
Adds reference to:
720 ILCS 5/11-14from Ch. 38, par. 11-14
720 ILCS 5/11-14.1
720 ILCS 5/11-14.2
720 ILCS 5/11-15from Ch. 38, par. 11-15
720 ILCS 5/11-15.1from Ch. 38, par. 11-15.1
720 ILCS 5/11-17.1from Ch. 38, par. 11-17.1
720 ILCS 5/11-18.1from Ch. 38, par. 11-18.1
720 ILCS 5/11-19from Ch. 38, par. 11-19
720 ILCS 5/11-19.1from Ch. 38, par. 11-19.1
720 ILCS 5/11-19.2from Ch. 38, par. 11-19.2
725 ILCS 5/108B-3from Ch. 38, par. 108B-3

Replaces everything after the enacting clause. Amends the Criminal Code of 1961. Provides that if it is determined, after a reasonable detention for investigative purposes, that a person suspected of or charged with prostitution is a person under the age of 18, that person shall be immune from prosecution for a prostitution offense and shall be subject to the temporary custody provisions of the Juvenile Court Act of 1987. Provides that there is a rebuttable presumption that any person under 18 years of age engaged in prostitution is abused or neglected within the meaning of the Juvenile Court Act of 1987 and that it is necessary to place that person in protective custody until a placement is found that is in the best interests of that person. Changes the age for various offenses that involve prostitution of minors to under 18 years of age. Changes the names of various such offenses. Amends the Code of Criminal Procedure of 1963. Provides that the State's Attorney may authorize, in writing, an ex parte application to the chief judge of a court of competent jurisdiction for an order authorizing the interception of a private communication when no party has consented to the interception and the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing or is about to commit trafficking of persons and involuntary servitude, soliciting for a minor engaged in prostitution, pandering, keeping a place of juvenile prostitution, patronizing a minor engaged in prostitution), juvenile pimping and aggravated juvenile pimping, identity theft, conspiracy to commit a financial crime, forgery, or crimes involving fraudulent schemes and artifices. Effective immediately.

House Floor Amendment No. 2
Provides that solicitation of a sexual act from a person who is under the age of 18 or who is severely or profoundly mentally retarded is a Class 2 felony. Provides that it is an affirmative defense to a charge of solicitation of a sexual act with a person who is under the age of 18 or who is severely or profoundly mentally retarded that the accused reasonably believed the person was of the age of 18 years or over or was not a severely or profoundly mentally retarded person at the time of the act giving rise to the charge.

Senate Committee Amendment No. 1
Adds reference to:
325 ILCS 5/3from Ch. 23, par. 2053
705 ILCS 405/2-3from Ch. 37, par. 802-3
705 ILCS 405/2-18from Ch. 37, par. 802-18
720 ILCS 5/14-3

Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended. Amends the Abused and Neglected Child Reporting Act. Adds to the definition of "abused child" a child whose parent or immediate family member, or any person responsible for the child's welfare, or any individual residing in the same home as the child, or a paramour of the child's parent committed a sex offense against the child under the Wrongs to Children Act or who engaged in involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services upon the child. Amends the Juvenile Court Act of 1987. Changes the definition of "abused child" to include a parent or other adult household member or paramour of the child's parent to commit such offenses and also such adult who allows, encourages or requires a minor to commit any act of prostitution. Further amends the Criminal Code of 1961. Provides that a law enforcement officer who takes a person under 18 years of age into custody for prostitution shall immediately report an allegation of involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons for forced labor or services to the Illinois Department of Children and Family Services State Central Register, which shall conduct an initial investigation into child abuse or child neglect within 24 hours. Makes other changes. Effective immediately.

Senate Committee Amendment No. 2
Makes a grammatical change in the bill. In the amendatory provisions of the Juvenile Court Act of 1987, changes the prima facie evidence of abuse or neglect. Provides that proof that a parent, custodian, or guardian of a minor allows, encourages, or requires a minor to perform, offer, or agree to perform any act of sexual penetration 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, constitutes prima facie evidence of abuse and neglect. In the amendatory changes to the Code of Criminal Procedure of 1963 that permit the State's Attorney to apply to the chief judge to authorize the interception of private communications when no party has consented to the interception, deletes provisions that the interception may provide evidence of, or may assist in the apprehension of a person who has committed, is committing, or is about to commit identity theft, conspiracy to commit a financial crime, forgery, or fraudulent schemes and artifices.

Senate Floor Amendment No. 3
Changes the previous offenses that the defendant committed for which a more severe penalty shall be imposed. Provides that a person arrested for the specified offense and whose vehicle was impounded may recover the vehicle from the impound after a minimum of 2 hours after arrest upon payment of the specified fee.

Actions 
DateChamber Action
  2/18/2010HouseFiled with the Clerk by Rep. Michael J. Madigan
  2/18/2010HouseChief Co-Sponsor Rep. Barbara Flynn Currie
  2/18/2010HouseFirst Reading
  2/18/2010HouseReferred to Rules Committee
  2/22/2010HouseAssigned to Executive Committee
  3/10/2010HouseDo Pass / Short Debate Executive Committee; 011-000-000
  3/10/2010HousePlaced on Calendar 2nd Reading - Short Debate
  3/17/2010HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. William D. Burns
  3/17/2010HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  3/22/2010HouseChief Sponsor Changed to Rep. William D. Burns
  3/22/2010HouseRemove Chief Co-Sponsor Rep. Barbara Flynn Currie
  3/22/2010HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary II - Criminal Law Committee
  3/22/2010HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. William D. Burns
  3/22/2010HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/22/2010HouseAdded Chief Co-Sponsor Rep. Jim Durkin
  3/22/2010HouseHouse Floor Amendment No. 1 Recommends Be Adopted Judiciary II - Criminal Law Committee; 006-000-000
  3/23/2010HouseSecond Reading - Short Debate
  3/23/2010HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  3/23/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2010HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/23/2010HouseAdded Chief Co-Sponsor Rep. Constance A. Howard
  3/23/2010HouseAdded Chief Co-Sponsor Rep. Edward J. Acevedo
  3/23/2010HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  3/24/2010HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000
  3/24/2010HouseRecalled to Second Reading - Short Debate
  3/24/2010HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  3/24/2010HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2010HouseAdded Co-Sponsor Rep. William Davis
  3/24/2010HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  3/25/2010HouseThird Reading - Short Debate - Passed 110-000-000
  3/25/2010HouseAdded Co-Sponsor Rep. Maria Antonia Berrios
  3/25/2010HouseAdded Co-Sponsor Rep. Luis Arroyo
  3/25/2010HouseAdded Co-Sponsor Rep. Susana A. Mendoza
  3/25/2010HouseAdded Co-Sponsor Rep. Karen May
  3/25/2010HouseAdded Co-Sponsor Rep. Al Riley
  3/25/2010HouseAdded Co-Sponsor Rep. Jack D. Franks
  3/25/2010HouseAdded Co-Sponsor Rep. Keith Farnham
  3/25/2010HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  3/25/2010HouseAdded Co-Sponsor Rep. Carol A. Sente
  3/25/2010HouseAdded Co-Sponsor Rep. Deborah Mell
  3/25/2010HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  3/25/2010HouseAdded Co-Sponsor Rep. Dennis M. Reboletti
  3/25/2010HouseAdded Co-Sponsor Rep. Esther Golar
  3/25/2010HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  3/25/2010HouseAdded Co-Sponsor Rep. Charles E. Jefferson
  4/6/2010SenateArrive in Senate
  4/6/2010SenatePlaced on Calendar Order of First Reading
  4/6/2010SenateChief Senate Sponsor Sen. Jacqueline Y. Collins
  4/6/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Pamela J. Althoff
  4/6/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  4/6/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Kimberly A. Lightford
  4/6/2010SenateFirst Reading
  4/6/2010SenateReferred to Assignments
  4/13/2010SenateAssigned to Criminal Law
  4/16/2010SenateAdded as Alternate Co-Sponsor Sen. Dan Kotowski
  4/19/2010SenateAdded as Alternate Co-Sponsor Sen. Antonio Muņoz
  4/20/2010SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/20/2010SenateSenate Committee Amendment No. 1 Referred to Assignments
  4/20/2010SenateSenate Committee Amendment No. 1 Assignments Refers to Criminal Law
  4/20/2010SenateAdded as Alternate Co-Sponsor Sen. Dale A. Righter
  4/20/2010SenateAdded as Alternate Co-Sponsor Sen. A. J. Wilhelmi
  4/21/2010SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/21/2010SenateSenate Committee Amendment No. 2 Referred to Assignments
  4/22/2010SenateSenate Committee Amendment No. 2 Assignments Refers to Criminal Law
  4/22/2010SenateSponsor Removed Sen. Dale A. Righter
  4/22/2010SenateSenate Committee Amendment No. 1 Adopted
  4/22/2010SenateSenate Committee Amendment No. 2 Adopted
  4/22/2010SenateDo Pass as Amended Criminal Law; 006-002-000
  4/22/2010SenatePlaced on Calendar Order of 2nd Reading April 23, 2010
  4/22/2010SenateAdded as Alternate Chief Co-Sponsor Sen. Michael Noland
  4/23/2010SenateSecond Reading
  4/23/2010SenatePlaced on Calendar Order of 3rd Reading April 27, 2010
  4/28/2010SenateAdded as Alternate Co-Sponsor Sen. David Koehler
  4/29/2010SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Jacqueline Y. Collins
  4/29/2010SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/29/2010SenateAdded as Alternate Co-Sponsor Sen. Martin A. Sandoval
  4/29/2010SenateSenate Floor Amendment No. 3 Assignments Refers to Criminal Law
  4/29/2010SenateSenate Floor Amendment No. 3 Recommend Do Adopt Criminal Law; 007-000-000
  4/30/2010SenateAdded as Alternate Co-Sponsor Sen. Dale E. Risinger
  4/30/2010SenateAdded as Alternate Co-Sponsor Sen. Heather Steans
  4/30/2010SenateAdded as Alternate Co-Sponsor Sen. William Delgado
  4/30/2010SenateAdded as Alternate Co-Sponsor Sen. Jeffrey M. Schoenberg
  4/30/2010SenateRecalled to Second Reading
  4/30/2010SenateSenate Floor Amendment No. 3 Adopted; Collins
  4/30/2010SenatePlaced on Calendar Order of 3rd Reading May 3, 2010
  4/30/2010SenateAdded as Alternate Co-Sponsor Sen. Ira I. Silverstein
  4/30/2010SenateAdded as Alternate Co-Sponsor Sen. Mattie Hunter
  5/3/2010SenateAdded as Alternate Co-Sponsor Sen. Emil Jones, III
  5/3/2010SenateAdded as Alternate Co-Sponsor Sen. Michael Bond
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Donne E. Trotter
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. M. Maggie Crotty
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/4/2010SenateAdded as Alternate Co-Sponsor Sen. Kyle McCarter
  5/4/2010SenateThird Reading - Passed; 052-002-001
  5/4/2010HouseArrived in House
  5/4/2010HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 3
  5/5/2010HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. William D. Burns
  5/5/2010HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. William D. Burns
  5/5/2010HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. William D. Burns
  5/5/2010HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/5/2010HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/5/2010HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/5/2010HouseRemove Chief Co-Sponsor Rep. Constance A. Howard
  5/5/2010HouseAdded Co-Sponsor Rep. Constance A. Howard
  5/5/2010HouseAdded Chief Co-Sponsor Rep. Charles E. Jefferson
  5/5/2010HouseRemoved Co-Sponsor Rep. Charles E. Jefferson
  5/6/2010HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/6/2010HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/6/2010HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Judiciary II - Criminal Law Committee
  5/7/2010HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
  5/7/2010HouseSenate Committee Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
  5/7/2010HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Judiciary II - Criminal Law Committee; 007-000-000
  5/26/2010HouseSenate Committee Amendment No. 1 House Concurs 113-000-000
  5/26/2010HouseSenate Committee Amendment No. 2 House Concurs 113-000-000
  5/26/2010HouseSenate Floor Amendment No. 3 House Concurs 113-000-000
  5/26/2010HousePassed Both Houses
  6/24/2010HouseSent to the Governor
  8/20/2010HouseGovernor Approved
  8/20/2010HouseGovernor Approved
  8/20/2010HouseEffective Date August 20, 2010
  8/20/2010HousePublic Act . . . . . . . . . 96-1464