Illinois General Assembly - Full Text of HB5556
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Full Text of HB5556  103rd General Assembly

HB5556 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5556

 

Introduced 2/9/2024, by Rep. Mary Gill

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Provides that a person commits the offense of trafficking in persons when the person knowingly: (1) maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act; or (2) recruits, entices, harbors, transports, provides, obtains, advertises, or maintains by any means, or attempts to recruit, entice, harbor, transport, provide, obtain, advertise or maintain by any means, another person, intending or knowing that the person will be subjected to prostitution or a commercial sex act as a result of coercion. Provides that in determining sentences for human trafficking within statutory maximums, the sentencing court may provide for substantially increased sentences in cases involving more than 5 (rather than 10) victims. Changes the name of the offense of promoting prostitution to promoting or facilitating prostitution. Provides that a person commits the offense if the person: (1) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; or (2) owns, manages, or operates an interactive computer service or conspires or attempts to do so, with the intent to promote or facilitate the prostitution of another person; and (A) promotes or facilitates the prostitution of 5 or more persons; or (B) acts in reckless disregard of the fact that such conduct contributed to sex trafficking in violation of the trafficking in persons law. Defines "interactive computer service". Amends various other Acts to make conforming changes.


LRB103 38752 RLC 68889 b

 

 

A BILL FOR

 

HB5556LRB103 38752 RLC 68889 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Liquor Control Act of 1934 is amended by
5changing Section 6-2 as follows:
 
6    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
7    Sec. 6-2. Issuance of licenses to certain persons
8prohibited.
9    (a) Except as otherwise provided in subsection (b) of this
10Section and in paragraph (1) of subsection (a) of Section
113-12, no license of any kind issued by the State Commission or
12any local commission shall be issued to:
13        (1) A person who is not a resident of any city, village
14    or county in which the premises covered by the license are
15    located; except in case of railroad or boat licenses.
16        (2) A person who is not of good character and
17    reputation in the community in which he resides.
18        (3) (Blank).
19        (4) A person who has been convicted of a felony under
20    any Federal or State law, unless the Commission determines
21    that such person will not be impaired by the conviction in
22    engaging in the licensed practice after considering
23    matters set forth in such person's application in

 

 

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1    accordance with Section 6-2.5 of this Act and the
2    Commission's investigation.
3        (5) A person who has been convicted of keeping a place
4    of prostitution or keeping a place of juvenile
5    prostitution, promoting or facilitating prostitution that
6    involves keeping a place of prostitution, or promoting
7    juvenile prostitution that involves keeping a place of
8    juvenile prostitution.
9        (6) A person who has been convicted of pandering.
10        (7) A person whose license issued under this Act has
11    been revoked for cause.
12        (8) A person who at the time of application for
13    renewal of any license issued hereunder would not be
14    eligible for such license upon a first application.
15        (9) A copartnership, if any general partnership
16    thereof, or any limited partnership thereof, owning more
17    than 5% of the aggregate limited partner interest in such
18    copartnership would not be eligible to receive a license
19    hereunder for any reason other than residence within the
20    political subdivision, unless residency is required by
21    local ordinance.
22        (10) A corporation or limited liability company, if
23    any member, officer, manager or director thereof, or any
24    stockholder or stockholders owning in the aggregate more
25    than 5% of the stock of such corporation, would not be
26    eligible to receive a license hereunder for any reason

 

 

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1    other than residence within the political subdivision.
2        (10a) A corporation or limited liability company
3    unless it is incorporated or organized in Illinois, or
4    unless it is a foreign corporation or foreign limited
5    liability company which is qualified under the Business
6    Corporation Act of 1983 or the Limited Liability Company
7    Act to transact business in Illinois. The Commission shall
8    permit and accept from an applicant for a license under
9    this Act proof prepared from the Secretary of State's
10    website that the corporation or limited liability company
11    is in good standing and is qualified under the Business
12    Corporation Act of 1983 or the Limited Liability Company
13    Act to transact business in Illinois.
14        (11) A person whose place of business is conducted by
15    a manager or agent unless the manager or agent possesses
16    the same qualifications required by the licensee.
17        (12) A person who has been convicted of a violation of
18    any Federal or State law concerning the manufacture,
19    possession or sale of alcoholic liquor, subsequent to the
20    passage of this Act or has forfeited his bond to appear in
21    court to answer charges for any such violation, unless the
22    Commission determines, in accordance with Section 6-2.5 of
23    this Act, that the person will not be impaired by the
24    conviction in engaging in the licensed practice.
25        (13) A person who does not beneficially own the
26    premises for which a license is sought, or does not have a

 

 

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1    lease thereon for the full period for which the license is
2    to be issued.
3        (14) Any law enforcing public official, including
4    members of local liquor control commissions, any mayor,
5    alderperson, or member of the city council or commission,
6    any president of the village board of trustees, any member
7    of a village board of trustees, or any president or member
8    of a county board; and no such official shall have a direct
9    interest in the manufacture, sale, or distribution of
10    alcoholic liquor, except that a license may be granted to
11    such official in relation to premises that are not located
12    within the territory subject to the jurisdiction of that
13    official if the issuance of such license is approved by
14    the State Liquor Control Commission and except that a
15    license may be granted, in a city or village with a
16    population of 55,000 or less, to any alderperson, member
17    of a city council, or member of a village board of trustees
18    in relation to premises that are located within the
19    territory subject to the jurisdiction of that official if
20    (i) the sale of alcoholic liquor pursuant to the license
21    is incidental to the selling of food, (ii) the issuance of
22    the license is approved by the State Commission, (iii) the
23    issuance of the license is in accordance with all
24    applicable local ordinances in effect where the premises
25    are located, and (iv) the official granted a license does
26    not vote on alcoholic liquor issues pending before the

 

 

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1    board or council to which the license holder is elected.
2    Notwithstanding any provision of this paragraph (14) to
3    the contrary, an alderperson or member of a city council
4    or commission, a member of a village board of trustees
5    other than the president of the village board of trustees,
6    or a member of a county board other than the president of a
7    county board may have a direct interest in the
8    manufacture, sale, or distribution of alcoholic liquor as
9    long as he or she is not a law enforcing public official, a
10    mayor, a village board president, or president of a county
11    board. To prevent any conflict of interest, the elected
12    official with the direct interest in the manufacture,
13    sale, or distribution of alcoholic liquor shall not
14    participate in any meetings, hearings, or decisions on
15    matters impacting the manufacture, sale, or distribution
16    of alcoholic liquor. Furthermore, the mayor of a city with
17    a population of 55,000 or less or the president of a
18    village with a population of 55,000 or less may have an
19    interest in the manufacture, sale, or distribution of
20    alcoholic liquor as long as the council or board over
21    which he or she presides has made a local liquor control
22    commissioner appointment that complies with the
23    requirements of Section 4-2 of this Act.
24        (15) A person who is not a beneficial owner of the
25    business to be operated by the licensee.
26        (16) A person who has been convicted of a gambling

 

 

HB5556- 6 -LRB103 38752 RLC 68889 b

1    offense as proscribed by any of subsections (a) (3)
2    through (a) (11) of Section 28-1 of, or as proscribed by
3    Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
4    Criminal Code of 2012, or as proscribed by a statute
5    replaced by any of the aforesaid statutory provisions.
6        (17) A person or entity to whom a federal wagering
7    stamp has been issued by the federal government, unless
8    the person or entity is eligible to be issued a license
9    under the Raffles and Poker Runs Act or the Illinois Pull
10    Tabs and Jar Games Act.
11        (18) A person who intends to sell alcoholic liquors
12    for use or consumption on his or her licensed retail
13    premises who does not have liquor liability insurance
14    coverage for that premises in an amount that is at least
15    equal to the maximum liability amounts set out in
16    subsection (a) of Section 6-21.
17        (19) A person who is licensed by any licensing
18    authority as a manufacturer of beer, or any partnership,
19    corporation, limited liability company, or trust or any
20    subsidiary, affiliate, or agent thereof, or any other form
21    of business enterprise licensed as a manufacturer of beer,
22    having any legal, equitable, or beneficial interest,
23    directly or indirectly, in a person licensed in this State
24    as a distributor or importing distributor. For purposes of
25    this paragraph (19), a person who is licensed by any
26    licensing authority as a "manufacturer of beer" shall also

 

 

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1    mean a brewer and a non-resident dealer who is also a
2    manufacturer of beer, including a partnership,
3    corporation, limited liability company, or trust or any
4    subsidiary, affiliate, or agent thereof, or any other form
5    of business enterprise licensed as a manufacturer of beer.
6        (20) A person who is licensed in this State as a
7    distributor or importing distributor, or any partnership,
8    corporation, limited liability company, or trust or any
9    subsidiary, affiliate, or agent thereof, or any other form
10    of business enterprise licensed in this State as a
11    distributor or importing distributor having any legal,
12    equitable, or beneficial interest, directly or indirectly,
13    in a person licensed as a manufacturer of beer by any
14    licensing authority, or any partnership, corporation,
15    limited liability company, or trust or any subsidiary,
16    affiliate, or agent thereof, or any other form of business
17    enterprise, except for a person who owns, on or after the
18    effective date of this amendatory Act of the 98th General
19    Assembly, no more than 5% of the outstanding shares of a
20    manufacturer of beer whose shares are publicly traded on
21    an exchange within the meaning of the Securities Exchange
22    Act of 1934. For the purposes of this paragraph (20), a
23    person who is licensed by any licensing authority as a
24    "manufacturer of beer" shall also mean a brewer and a
25    non-resident dealer who is also a manufacturer of beer,
26    including a partnership, corporation, limited liability

 

 

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1    company, or trust or any subsidiary, affiliate, or agent
2    thereof, or any other form of business enterprise licensed
3    as a manufacturer of beer.
4    (b) A criminal conviction of a corporation is not grounds
5for the denial, suspension, or revocation of a license applied
6for or held by the corporation if the criminal conviction was
7not the result of a violation of any federal or State law
8concerning the manufacture, possession or sale of alcoholic
9liquor, the offense that led to the conviction did not result
10in any financial gain to the corporation and the corporation
11has terminated its relationship with each director, officer,
12employee, or controlling shareholder whose actions directly
13contributed to the conviction of the corporation. The
14Commission shall determine if all provisions of this
15subsection (b) have been met before any action on the
16corporation's license is initiated.
17(Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
 
18    Section 10. The Criminal Code of 2012 is amended by
19changing Sections 10-9, 11-9.3, 11-14.3, 11-14.4, 11-18,
2011-18.1, and 33G-3 as follows:
 
21    (720 ILCS 5/10-9)
22    Sec. 10-9. Trafficking in persons, involuntary servitude,
23and related offenses.
24    (a) Definitions. In this Section:

 

 

HB5556- 9 -LRB103 38752 RLC 68889 b

1    (1) "Intimidation" has the meaning prescribed in Section
212-6.
3    (2) "Commercial sexual activity" means any sex act on
4account of which anything of value is given, promised to, or
5received by any person.
6    (2.5) "Company" means any sole proprietorship,
7organization, association, corporation, partnership, joint
8venture, limited partnership, limited liability partnership,
9limited liability limited partnership, limited liability
10company, or other entity or business association, including
11all wholly owned subsidiaries, majority-owned subsidiaries,
12parent companies, or affiliates of those entities or business
13associations, that exist for the purpose of making profit.
14    (3) "Financial harm" includes intimidation that brings
15about financial loss, criminal usury, or employment contracts
16that violate the Frauds Act.
17    (4) (Blank).
18    (5) "Labor" means work of economic or financial value.
19    (6) "Maintain" means, in relation to labor or services, to
20secure continued performance thereof, regardless of any
21initial agreement on the part of the victim to perform that
22type of service.
23    (7) "Obtain" means, in relation to labor or services, to
24secure performance thereof.
25    (7.5) "Serious harm" means any harm, whether physical or
26nonphysical, including psychological, financial, or

 

 

HB5556- 10 -LRB103 38752 RLC 68889 b

1reputational harm, that is sufficiently serious, under all the
2surrounding circumstances, to compel a reasonable person of
3the same background and in the same circumstances to perform
4or to continue performing labor or services in order to avoid
5incurring that harm.
6    (8) "Services" means activities resulting from a
7relationship between a person and the actor in which the
8person performs activities under the supervision of or for the
9benefit of the actor. Commercial sexual activity and
10sexually-explicit performances are forms of activities that
11are "services" under this Section. Nothing in this definition
12may be construed to legitimize or legalize prostitution.
13    (9) "Sexually-explicit performance" means a live,
14recorded, broadcast (including over the Internet), or public
15act or show intended to arouse or satisfy the sexual desires or
16appeal to the prurient interests of patrons.
17    (10) "Trafficking victim" means a person subjected to the
18practices set forth in subsection (b), (c), or (d).
19    (b) Involuntary servitude. A person commits involuntary
20servitude when he or she knowingly subjects, attempts to
21subject, or engages in a conspiracy to subject another person
22to labor or services obtained or maintained through any of the
23following means, or any combination of these means:
24        (1) causes or threatens to cause physical harm to any
25    person;
26        (2) physically restrains or threatens to physically

 

 

HB5556- 11 -LRB103 38752 RLC 68889 b

1    restrain another person;
2        (3) abuses or threatens to abuse the law or legal
3    process;
4        (4) knowingly destroys, conceals, removes,
5    confiscates, or possesses any actual or purported passport
6    or other immigration document, or any other actual or
7    purported government identification document, of another
8    person;
9        (5) uses intimidation, or exerts financial control
10    over any person; or
11        (6) uses any scheme, plan, or pattern intended to
12    cause the person to believe that, if the person did not
13    perform the labor or services, that person or another
14    person would suffer serious harm or physical restraint.
15    Sentence. Except as otherwise provided in subsection (e)
16or (f), a violation of subsection (b)(1) is a Class X felony,
17(b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4)
18is a Class 3 felony, (b)(5) and (b)(6) is a Class 4 felony.
19    (c) Involuntary sexual servitude of a minor. A person
20commits involuntary sexual servitude of a minor when he or she
21knowingly recruits, entices, harbors, transports, provides, or
22obtains by any means, or attempts to recruit, entice, harbor,
23provide, or obtain by any means, another person under 18 years
24of age, knowing that the minor will engage in commercial
25sexual activity, a sexually-explicit performance, or the
26production of pornography, or causes or attempts to cause a

 

 

HB5556- 12 -LRB103 38752 RLC 68889 b

1minor to engage in one or more of those activities and:
2        (1) there is no overt force or threat and the minor is
3    between the ages of 17 and 18 years;
4        (2) there is no overt force or threat and the minor is
5    under the age of 17 years; or
6        (3) there is overt force or threat.
7    Sentence. Except as otherwise provided in subsection (e)
8or (f), a violation of subsection (c)(1) is a Class 1 felony,
9(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
10    (d) Trafficking in persons. A person commits trafficking
11in persons when he or she knowingly: (1) recruits, entices,
12harbors, transports, provides, or obtains by any means, or
13attempts to recruit, entice, harbor, transport, provide, or
14obtain by any means, another person, intending or knowing that
15the person will be subjected to involuntary servitude; or (2)
16benefits, financially or by receiving anything of value, from
17participation in a venture that has engaged in an act of
18involuntary servitude or involuntary sexual servitude of a
19minor; (3) maintains by any means, or attempts to recruit,
20entice, harbor, transport, provide, obtain, advertise or
21maintain by any means, another person, intending or knowing
22that the person will be subjected to prostitution or a
23commercial sex act; or (4) recruits, entices, harbors,
24transports, provides, obtains, advertises, or maintains by any
25means, or attempts to recruit, entice, harbor, transport,
26provide, obtain, advertise or maintain by any means, another

 

 

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1person, intending or knowing that the person will be subjected
2to prostitution or a commercial sex act as a result of
3coercion. A company commits trafficking in persons when the
4company knowingly benefits, financially or by receiving
5anything of value, from participation in a venture that has
6engaged in an act of prostitution of another person,
7involuntary servitude of another person, or involuntary sexual
8servitude of a minor.
9    Sentence. Except as otherwise provided in subsection (e)
10or (f), a violation of this subsection by a person is a Class 1
11felony. A violation of this subsection by a company is a
12business offense for which a fine of up to $100,000 may be
13imposed.
14    (e) Aggravating factors. A violation of this Section
15involving kidnapping or an attempt to kidnap, aggravated
16criminal sexual assault or an attempt to commit aggravated
17criminal sexual assault, or an attempt to commit first degree
18murder is a Class X felony.
19    (f) Sentencing considerations.
20        (1) Bodily injury. If, pursuant to a violation of this
21    Section, a victim suffered bodily injury, the defendant
22    may be sentenced to an extended-term sentence under
23    Section 5-8-2 of the Unified Code of Corrections. The
24    sentencing court must take into account the time in which
25    the victim was held in servitude, with increased penalties
26    for cases in which the victim was held for between 180 days

 

 

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1    and one year, and increased penalties for cases in which
2    the victim was held for more than one year.
3        (2) Number of victims. In determining sentences within
4    statutory maximums, the sentencing court should take into
5    account the number of victims, and may provide for
6    substantially increased sentences in cases involving more
7    than 5 10 victims.
8    (g) Restitution. Restitution is mandatory under this
9Section. In addition to any other amount of loss identified,
10the court shall order restitution including the greater of (1)
11the gross income or value to the defendant of the victim's
12labor or services or (2) the value of the victim's labor as
13guaranteed under the Minimum Wage Law and overtime provisions
14of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
15whichever is greater.
16    (g-5) Fine distribution. If the court imposes a fine under
17subsection (b), (c), or (d) of this Section, it shall be
18collected and distributed to the Specialized Services for
19Survivors of Human Trafficking Fund in accordance with Section
205-9-1.21 of the Unified Code of Corrections.
21    (h) Trafficking victim services. Subject to the
22availability of funds, the Department of Human Services may
23provide or fund emergency services and assistance to
24individuals who are victims of one or more offenses defined in
25this Section.
26    (i) Certification. The Attorney General, a State's

 

 

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1Attorney, or any law enforcement official shall certify in
2writing to the United States Department of Justice or other
3federal agency, such as the United States Department of
4Homeland Security, that an investigation or prosecution under
5this Section has begun and the individual who is a likely
6victim of a crime described in this Section is willing to
7cooperate or is cooperating with the investigation to enable
8the individual, if eligible under federal law, to qualify for
9an appropriate special immigrant visa and to access available
10federal benefits. Cooperation with law enforcement shall not
11be required of victims of a crime described in this Section who
12are under 18 years of age. This certification shall be made
13available to the victim and his or her designated legal
14representative.
15    (j) A person who commits involuntary servitude,
16involuntary sexual servitude of a minor, or trafficking in
17persons under subsection (b), (c), or (d) of this Section is
18subject to the property forfeiture provisions set forth in
19Article 124B of the Code of Criminal Procedure of 1963.
20(Source: P.A. 101-18, eff. 1-1-20.)
 
21    (720 ILCS 5/11-9.3)
22    Sec. 11-9.3. Presence within school zone by child sex
23offenders prohibited; approaching, contacting, residing with,
24or communicating with a child within certain places by child
25sex offenders prohibited.

 

 

HB5556- 16 -LRB103 38752 RLC 68889 b

1    (a) It is unlawful for a child sex offender to knowingly be
2present in any school building, on real property comprising
3any school, or in any conveyance owned, leased, or contracted
4by a school to transport students to or from school or a school
5related activity when persons under the age of 18 are present
6in the building, on the grounds or in the conveyance, unless
7the offender is a parent or guardian of a student attending the
8school and the parent or guardian is: (i) attending a
9conference at the school with school personnel to discuss the
10progress of his or her child academically or socially, (ii)
11participating in child review conferences in which evaluation
12and placement decisions may be made with respect to his or her
13child regarding special education services, or (iii) attending
14conferences to discuss other student issues concerning his or
15her child such as retention and promotion and notifies the
16principal of the school of his or her presence at the school or
17unless the offender has permission to be present from the
18superintendent or the school board or in the case of a private
19school from the principal. In the case of a public school, if
20permission is granted, the superintendent or school board
21president must inform the principal of the school where the
22sex offender will be present. Notification includes the nature
23of the sex offender's visit and the hours in which the sex
24offender will be present in the school. The sex offender is
25responsible for notifying the principal's office when he or
26she arrives on school property and when he or she departs from

 

 

HB5556- 17 -LRB103 38752 RLC 68889 b

1school property. If the sex offender is to be present in the
2vicinity of children, the sex offender has the duty to remain
3under the direct supervision of a school official.
4    (a-5) It is unlawful for a child sex offender to knowingly
5be present within 100 feet of a site posted as a pick-up or
6discharge stop for a conveyance owned, leased, or contracted
7by a school to transport students to or from school or a school
8related activity when one or more persons under the age of 18
9are present at the site.
10    (a-10) It is unlawful for a child sex offender to
11knowingly be present in any public park building, a playground
12or recreation area within any publicly accessible privately
13owned building, or on real property comprising any public park
14when persons under the age of 18 are present in the building or
15on the grounds and to approach, contact, or communicate with a
16child under 18 years of age, unless the offender is a parent or
17guardian of a person under 18 years of age present in the
18building or on the grounds.
19    (b) It is unlawful for a child sex offender to knowingly
20loiter within 500 feet of a school building or real property
21comprising any school while persons under the age of 18 are
22present in the building or on the grounds, unless the offender
23is a parent or guardian of a student attending the school and
24the parent or guardian is: (i) attending a conference at the
25school with school personnel to discuss the progress of his or
26her child academically or socially, (ii) participating in

 

 

HB5556- 18 -LRB103 38752 RLC 68889 b

1child review conferences in which evaluation and placement
2decisions may be made with respect to his or her child
3regarding special education services, or (iii) attending
4conferences to discuss other student issues concerning his or
5her child such as retention and promotion and notifies the
6principal of the school of his or her presence at the school or
7has permission to be present from the superintendent or the
8school board or in the case of a private school from the
9principal. In the case of a public school, if permission is
10granted, the superintendent or school board president must
11inform the principal of the school where the sex offender will
12be present. Notification includes the nature of the sex
13offender's visit and the hours in which the sex offender will
14be present in the school. The sex offender is responsible for
15notifying the principal's office when he or she arrives on
16school property and when he or she departs from school
17property. If the sex offender is to be present in the vicinity
18of children, the sex offender has the duty to remain under the
19direct supervision of a school official.
20    (b-2) It is unlawful for a child sex offender to knowingly
21loiter on a public way within 500 feet of a public park
22building or real property comprising any public park while
23persons under the age of 18 are present in the building or on
24the grounds and to approach, contact, or communicate with a
25child under 18 years of age, unless the offender is a parent or
26guardian of a person under 18 years of age present in the

 

 

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1building or on the grounds.
2    (b-5) It is unlawful for a child sex offender to knowingly
3reside within 500 feet of a school building or the real
4property comprising any school that persons under the age of
518 attend. Nothing in this subsection (b-5) prohibits a child
6sex offender from residing within 500 feet of a school
7building or the real property comprising any school that
8persons under 18 attend if the property is owned by the child
9sex offender and was purchased before July 7, 2000 (the
10effective date of Public Act 91-911).
11    (b-10) It is unlawful for a child sex offender to
12knowingly reside within 500 feet of a playground, child care
13institution, day care center, part day child care facility,
14day care home, group day care home, or a facility providing
15programs or services exclusively directed toward persons under
1618 years of age. Nothing in this subsection (b-10) prohibits a
17child sex offender from residing within 500 feet of a
18playground or a facility providing programs or services
19exclusively directed toward persons under 18 years of age if
20the property is owned by the child sex offender and was
21purchased before July 7, 2000. Nothing in this subsection
22(b-10) prohibits a child sex offender from residing within 500
23feet of a child care institution, day care center, or part day
24child care facility if the property is owned by the child sex
25offender and was purchased before June 26, 2006. Nothing in
26this subsection (b-10) prohibits a child sex offender from

 

 

HB5556- 20 -LRB103 38752 RLC 68889 b

1residing within 500 feet of a day care home or group day care
2home if the property is owned by the child sex offender and was
3purchased before August 14, 2008 (the effective date of Public
4Act 95-821).
5    (b-15) It is unlawful for a child sex offender to
6knowingly reside within 500 feet of the victim of the sex
7offense. Nothing in this subsection (b-15) prohibits a child
8sex offender from residing within 500 feet of the victim if the
9property in which the child sex offender resides is owned by
10the child sex offender and was purchased before August 22,
112002.
12    This subsection (b-15) does not apply if the victim of the
13sex offense is 21 years of age or older.
14    (b-20) It is unlawful for a child sex offender to
15knowingly communicate, other than for a lawful purpose under
16Illinois law, using the Internet or any other digital media,
17with a person under 18 years of age or with a person whom he or
18she believes to be a person under 18 years of age, unless the
19offender is a parent or guardian of the person under 18 years
20of age.
21    (c) It is unlawful for a child sex offender to knowingly
22operate, manage, be employed by, volunteer at, be associated
23with, or knowingly be present at any: (i) facility providing
24programs or services exclusively directed toward persons under
25the age of 18; (ii) day care center; (iii) part day child care
26facility; (iv) child care institution; (v) school providing

 

 

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1before and after school programs for children under 18 years
2of age; (vi) day care home; or (vii) group day care home. This
3does not prohibit a child sex offender from owning the real
4property upon which the programs or services are offered or
5upon which the day care center, part day child care facility,
6child care institution, or school providing before and after
7school programs for children under 18 years of age is located,
8provided the child sex offender refrains from being present on
9the premises for the hours during which: (1) the programs or
10services are being offered or (2) the day care center, part day
11child care facility, child care institution, or school
12providing before and after school programs for children under
1318 years of age, day care home, or group day care home is
14operated.
15    (c-2) It is unlawful for a child sex offender to
16participate in a holiday event involving children under 18
17years of age, including but not limited to distributing candy
18or other items to children on Halloween, wearing a Santa Claus
19costume on or preceding Christmas, being employed as a
20department store Santa Claus, or wearing an Easter Bunny
21costume on or preceding Easter. For the purposes of this
22subsection, child sex offender has the meaning as defined in
23this Section, but does not include as a sex offense under
24paragraph (2) of subsection (d) of this Section, the offense
25under subsection (c) of Section 11-1.50 of this Code. This
26subsection does not apply to a child sex offender who is a

 

 

HB5556- 22 -LRB103 38752 RLC 68889 b

1parent or guardian of children under 18 years of age that are
2present in the home and other non-familial minors are not
3present.
4    (c-5) It is unlawful for a child sex offender to knowingly
5operate, manage, be employed by, or be associated with any
6carnival, amusement enterprise, or county or State fair when
7persons under the age of 18 are present.
8    (c-6) It is unlawful for a child sex offender who owns and
9resides at residential real estate to knowingly rent any
10residential unit within the same building in which he or she
11resides to a person who is the parent or guardian of a child or
12children under 18 years of age. This subsection shall apply
13only to leases or other rental arrangements entered into after
14January 1, 2009 (the effective date of Public Act 95-820).
15    (c-7) It is unlawful for a child sex offender to knowingly
16offer or provide any programs or services to persons under 18
17years of age in his or her residence or the residence of
18another or in any facility for the purpose of offering or
19providing such programs or services, whether such programs or
20services are offered or provided by contract, agreement,
21arrangement, or on a volunteer basis.
22    (c-8) It is unlawful for a child sex offender to knowingly
23operate, whether authorized to do so or not, any of the
24following vehicles: (1) a vehicle which is specifically
25designed, constructed or modified and equipped to be used for
26the retail sale of food or beverages, including but not

 

 

HB5556- 23 -LRB103 38752 RLC 68889 b

1limited to an ice cream truck; (2) an authorized emergency
2vehicle; or (3) a rescue vehicle.
3    (d) Definitions. In this Section:
4        (1) "Child sex offender" means any person who:
5            (i) has been charged under Illinois law, or any
6        substantially similar federal law or law of another
7        state, with a sex offense set forth in paragraph (2) of
8        this subsection (d) or the attempt to commit an
9        included sex offense, and the victim is a person under
10        18 years of age at the time of the offense; and:
11                (A) is convicted of such offense or an attempt
12            to commit such offense; or
13                (B) is found not guilty by reason of insanity
14            of such offense or an attempt to commit such
15            offense; or
16                (C) is found not guilty by reason of insanity
17            pursuant to subsection (c) of Section 104-25 of
18            the Code of Criminal Procedure of 1963 of such
19            offense or an attempt to commit such offense; or
20                (D) is the subject of a finding not resulting
21            in an acquittal at a hearing conducted pursuant to
22            subsection (a) of Section 104-25 of the Code of
23            Criminal Procedure of 1963 for the alleged
24            commission or attempted commission of such
25            offense; or
26                (E) is found not guilty by reason of insanity

 

 

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1            following a hearing conducted pursuant to a
2            federal law or the law of another state
3            substantially similar to subsection (c) of Section
4            104-25 of the Code of Criminal Procedure of 1963
5            of such offense or of the attempted commission of
6            such offense; or
7                (F) is the subject of a finding not resulting
8            in an acquittal at a hearing conducted pursuant to
9            a federal law or the law of another state
10            substantially similar to subsection (a) of Section
11            104-25 of the Code of Criminal Procedure of 1963
12            for the alleged violation or attempted commission
13            of such offense; or
14            (ii) is certified as a sexually dangerous person
15        pursuant to the Illinois Sexually Dangerous Persons
16        Act, or any substantially similar federal law or the
17        law of another state, when any conduct giving rise to
18        such certification is committed or attempted against a
19        person less than 18 years of age; or
20            (iii) is subject to the provisions of Section 2 of
21        the Interstate Agreements on Sexually Dangerous
22        Persons Act.
23        Convictions that result from or are connected with the
24    same act, or result from offenses committed at the same
25    time, shall be counted for the purpose of this Section as
26    one conviction. Any conviction set aside pursuant to law

 

 

HB5556- 25 -LRB103 38752 RLC 68889 b

1    is not a conviction for purposes of this Section.
2        (2) Except as otherwise provided in paragraph (2.5),
3    "sex offense" means:
4            (i) A violation of any of the following Sections
5        of the Criminal Code of 1961 or the Criminal Code of
6        2012: 10-4 (forcible detention), 10-7 (aiding or
7        abetting child abduction under Section 10-5(b)(10)),
8        10-5(b)(10) (child luring), 11-1.40 (predatory
9        criminal sexual assault of a child), 11-6 (indecent
10        solicitation of a child), 11-6.5 (indecent
11        solicitation of an adult), 11-9.1 (sexual exploitation
12        of a child), 11-9.2 (custodial sexual misconduct),
13        11-9.5 (sexual misconduct with a person with a
14        disability), 11-11 (sexual relations within families),
15        11-14.3(a)(1) (promoting or facilitating prostitution
16        by advancing prostitution), 11-14.3(a)(2)(A)
17        (promoting or facilitating prostitution by profiting
18        from prostitution by compelling a person to be a
19        prostitute), 11-14.3(a)(2)(C) (promoting or
20        facilitating prostitution by profiting from
21        prostitution by means other than as described in
22        subparagraphs (A) and (B) of paragraph (2) of
23        subsection (a) of Section 11-14.3), 11-14.4 (promoting
24        juvenile prostitution), 11-18.1 (patronizing a
25        juvenile prostitute), 11-20.1 (child pornography),
26        11-20.1B (aggravated child pornography), 11-21

 

 

HB5556- 26 -LRB103 38752 RLC 68889 b

1        (harmful material), 11-25 (grooming), 11-26 (traveling
2        to meet a minor or traveling to meet a child), 12-33
3        (ritualized abuse of a child), 11-20 (obscenity) (when
4        that offense was committed in any school, on real
5        property comprising any school, in any conveyance
6        owned, leased, or contracted by a school to transport
7        students to or from school or a school related
8        activity, or in a public park), 11-30 (public
9        indecency) (when committed in a school, on real
10        property comprising a school, in any conveyance owned,
11        leased, or contracted by a school to transport
12        students to or from school or a school related
13        activity, or in a public park). An attempt to commit
14        any of these offenses.
15            (ii) A violation of any of the following Sections
16        of the Criminal Code of 1961 or the Criminal Code of
17        2012, when the victim is a person under 18 years of
18        age: 11-1.20 (criminal sexual assault), 11-1.30
19        (aggravated criminal sexual assault), 11-1.50
20        (criminal sexual abuse), 11-1.60 (aggravated criminal
21        sexual abuse). An attempt to commit any of these
22        offenses.
23            (iii) A violation of any of the following Sections
24        of the Criminal Code of 1961 or the Criminal Code of
25        2012, when the victim is a person under 18 years of age
26        and the defendant is not a parent of the victim:

 

 

HB5556- 27 -LRB103 38752 RLC 68889 b

1            10-1 (kidnapping),
2            10-2 (aggravated kidnapping),
3            10-3 (unlawful restraint),
4            10-3.1 (aggravated unlawful restraint),
5            11-9.1(A) (permitting sexual abuse of a child).
6            An attempt to commit any of these offenses.
7            (iv) A violation of any former law of this State
8        substantially equivalent to any offense listed in
9        clause (2)(i) or (2)(ii) of subsection (d) of this
10        Section.
11        (2.5) For the purposes of subsections (b-5) and (b-10)
12    only, a sex offense means:
13            (i) A violation of any of the following Sections
14        of the Criminal Code of 1961 or the Criminal Code of
15        2012:
16             10-5(b)(10) (child luring), 10-7 (aiding or
17        abetting child abduction under Section 10-5(b)(10)),
18        11-1.40 (predatory criminal sexual assault of a
19        child), 11-6 (indecent solicitation of a child),
20        11-6.5 (indecent solicitation of an adult), 11-9.2
21        (custodial sexual misconduct), 11-9.5 (sexual
22        misconduct with a person with a disability), 11-11
23        (sexual relations within families), 11-14.3(a)(1)
24        (promoting or facilitating prostitution by advancing
25        prostitution), 11-14.3(a)(2)(A) (promoting or
26        facilitating prostitution by profiting from

 

 

HB5556- 28 -LRB103 38752 RLC 68889 b

1        prostitution by compelling a person to be a
2        prostitute), 11-14.3(a)(2)(C) (promoting or
3        facilitating prostitution by profiting from
4        prostitution by means other than as described in
5        subparagraphs (A) and (B) of paragraph (2) of
6        subsection (a) of Section 11-14.3), 11-14.4 (promoting
7        juvenile prostitution), 11-18.1 (patronizing a
8        juvenile prostitute), 11-20.1 (child pornography),
9        11-20.1B (aggravated child pornography), 11-25
10        (grooming), 11-26 (traveling to meet a minor or
11        traveling to meet a child), or 12-33 (ritualized abuse
12        of a child). An attempt to commit any of these
13        offenses.
14            (ii) A violation of any of the following Sections
15        of the Criminal Code of 1961 or the Criminal Code of
16        2012, when the victim is a person under 18 years of
17        age: 11-1.20 (criminal sexual assault), 11-1.30
18        (aggravated criminal sexual assault), 11-1.60
19        (aggravated criminal sexual abuse), and subsection (a)
20        of Section 11-1.50 (criminal sexual abuse). An attempt
21        to commit any of these offenses.
22            (iii) A violation of any of the following Sections
23        of the Criminal Code of 1961 or the Criminal Code of
24        2012, when the victim is a person under 18 years of age
25        and the defendant is not a parent of the victim:
26            10-1 (kidnapping),

 

 

HB5556- 29 -LRB103 38752 RLC 68889 b

1            10-2 (aggravated kidnapping),
2            10-3 (unlawful restraint),
3            10-3.1 (aggravated unlawful restraint),
4            11-9.1(A) (permitting sexual abuse of a child).
5            An attempt to commit any of these offenses.
6            (iv) A violation of any former law of this State
7        substantially equivalent to any offense listed in this
8        paragraph (2.5) of this subsection.
9        (3) A conviction for an offense of federal law or the
10    law of another state that is substantially equivalent to
11    any offense listed in paragraph (2) of subsection (d) of
12    this Section shall constitute a conviction for the purpose
13    of this Section. A finding or adjudication as a sexually
14    dangerous person under any federal law or law of another
15    state that is substantially equivalent to the Sexually
16    Dangerous Persons Act shall constitute an adjudication for
17    the purposes of this Section.
18        (4) "Authorized emergency vehicle", "rescue vehicle",
19    and "vehicle" have the meanings ascribed to them in
20    Sections 1-105, 1-171.8 and 1-217, respectively, of the
21    Illinois Vehicle Code.
22        (5) "Child care institution" has the meaning ascribed
23    to it in Section 2.06 of the Child Care Act of 1969.
24        (6) "Day care center" has the meaning ascribed to it
25    in Section 2.09 of the Child Care Act of 1969.
26        (7) "Day care home" has the meaning ascribed to it in

 

 

HB5556- 30 -LRB103 38752 RLC 68889 b

1    Section 2.18 of the Child Care Act of 1969.
2        (8) "Facility providing programs or services directed
3    towards persons under the age of 18" means any facility
4    providing programs or services exclusively directed
5    towards persons under the age of 18.
6        (9) "Group day care home" has the meaning ascribed to
7    it in Section 2.20 of the Child Care Act of 1969.
8        (10) "Internet" has the meaning set forth in Section
9    16-0.1 of this Code.
10        (11) "Loiter" means:
11            (i) Standing, sitting idly, whether or not the
12        person is in a vehicle, or remaining in or around
13        school or public park property.
14            (ii) Standing, sitting idly, whether or not the
15        person is in a vehicle, or remaining in or around
16        school or public park property, for the purpose of
17        committing or attempting to commit a sex offense.
18            (iii) Entering or remaining in a building in or
19        around school property, other than the offender's
20        residence.
21        (12) "Part day child care facility" has the meaning
22    ascribed to it in Section 2.10 of the Child Care Act of
23    1969.
24        (13) "Playground" means a piece of land owned or
25    controlled by a unit of local government that is
26    designated by the unit of local government for use solely

 

 

HB5556- 31 -LRB103 38752 RLC 68889 b

1    or primarily for children's recreation.
2        (14) "Public park" includes a park, forest preserve,
3    bikeway, trail, or conservation area under the
4    jurisdiction of the State or a unit of local government.
5        (15) "School" means a public or private preschool or
6    elementary or secondary school.
7        (16) "School official" means the principal, a teacher,
8    or any other certified employee of the school, the
9    superintendent of schools or a member of the school board.
10    (e) For the purposes of this Section, the 500 feet
11distance shall be measured from: (1) the edge of the property
12of the school building or the real property comprising the
13school that is closest to the edge of the property of the child
14sex offender's residence or where he or she is loitering, and
15(2) the edge of the property comprising the public park
16building or the real property comprising the public park,
17playground, child care institution, day care center, part day
18child care facility, or facility providing programs or
19services exclusively directed toward persons under 18 years of
20age, or a victim of the sex offense who is under 21 years of
21age, to the edge of the child sex offender's place of residence
22or place where he or she is loitering.
23    (f) Sentence. A person who violates this Section is guilty
24of a Class 4 felony.
25(Source: P.A. 102-997, eff. 1-1-23.)
 

 

 

HB5556- 32 -LRB103 38752 RLC 68889 b

1    (720 ILCS 5/11-14.3)
2    Sec. 11-14.3. Promoting or facilitating prostitution.
3    (a) Any person who knowingly performs any of the following
4acts commits promoting or facilitating prostitution:
5        (1) advances prostitution as defined in Section
6    11-0.1;
7        (2) profits from prostitution by:
8            (A) compelling a person to become a prostitute;
9            (B) arranging or offering to arrange a situation
10        in which a person may practice prostitution; or
11            (C) any means other than those described in
12        subparagraph (A) or (B), including from a person who
13        patronizes a prostitute. This paragraph (C) does not
14        apply to a person engaged in prostitution who is under
15        18 years of age. A person cannot be convicted of
16        promoting or facilitating prostitution under this
17        paragraph (C) if the practice of prostitution
18        underlying the offense consists exclusively of the
19        accused's own acts of prostitution under Section 11-14
20        of this Code;
21        (3) owns, manages, or operates an interactive computer
22    service or conspires or attempts to do so, with the intent
23    to promote or facilitate the prostitution of another
24    person; or
25        (4) owns, manages, or operates an interactive computer
26    service or conspires or attempts to do so, with the intent

 

 

HB5556- 33 -LRB103 38752 RLC 68889 b

1    to promote or facilitate the prostitution of another
2    person; and
3            (A) promotes or facilitates the prostitution of 5
4        or more persons; or
5            (B) acts in reckless disregard of the fact that
6        such conduct contributed to sex trafficking, in
7        violation of paragraph (2) or (4) of subsection (d) of
8        Section 10-9.
9    (b) Sentence.
10        (1) A violation of subdivision (a)(1) is a Class 4
11    felony, unless committed within 1,000 feet of real
12    property comprising a school, in which case it is a Class 3
13    felony. A second or subsequent violation of subdivision
14    (a)(1), or any combination of convictions under
15    subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section
16    11-14 (prostitution), 11-14.1 (solicitation of a sexual
17    act), 11-14.4 (promoting juvenile prostitution), 11-15
18    (soliciting for a prostitute), 11-15.1 (soliciting for a
19    juvenile prostitute), 11-16 (pandering), 11-17 (keeping a
20    place of prostitution), 11-17.1 (keeping a place of
21    juvenile prostitution), 11-18 (patronizing a prostitute),
22    11-18.1 (patronizing a juvenile prostitute), 11-19
23    (pimping), 11-19.1 (juvenile pimping or aggravated
24    juvenile pimping), or 11-19.2 (exploitation of a child),
25    is a Class 3 felony.
26        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)

 

 

HB5556- 34 -LRB103 38752 RLC 68889 b

1    is a Class 4 felony, unless committed within 1,000 feet of
2    real property comprising a school, in which case it is a
3    Class 3 felony.
4        (3) A violation of subdivision (a)(2)(C) is a Class 4
5    felony, unless committed within 1,000 feet of real
6    property comprising a school, in which case it is a Class 3
7    felony. A second or subsequent violation of subdivision
8    (a)(2)(C), or any combination of convictions under
9    subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),
10    or (a)(2)(B) of this Section (promoting or facilitating
11    prostitution), 11-14 (prostitution), 11-14.1
12    (solicitation of a sexual act), 11-14.4 (promoting
13    juvenile prostitution), 11-15 (soliciting for a
14    prostitute), 11-15.1 (soliciting for a juvenile
15    prostitute), 11-16 (pandering), 11-17 (keeping a place of
16    prostitution), 11-17.1 (keeping a place of juvenile
17    prostitution), 11-18 (patronizing a prostitute), 11-18.1
18    (patronizing a juvenile prostitute), 11-19 (pimping),
19    11-19.1 (juvenile pimping or aggravated juvenile pimping),
20    or 11-19.2 (exploitation of a child), is a Class 3 felony.
21    If the court imposes a fine under this subsection (b), it
22shall be collected and distributed to the Specialized Services
23for Survivors of Human Trafficking Fund in accordance with
24Section 5-9-1.21 of the Unified Code of Corrections.
25    (c) In this Section, "interactive computer service" has
26the meaning ascribed to the term in 47 U.S.C. 230(f).

 

 

HB5556- 35 -LRB103 38752 RLC 68889 b

1(Source: P.A. 98-1013, eff. 1-1-15.)
 
2    (720 ILCS 5/11-14.4)
3    Sec. 11-14.4. Promoting juvenile prostitution.
4    (a) Any person who knowingly performs any of the following
5acts commits promoting juvenile prostitution:
6        (1) advances prostitution as defined in Section
7    11-0.1, where the minor engaged in prostitution, or any
8    person engaged in prostitution in the place, is under 18
9    years of age or is a person with a severe or profound
10    intellectual disability at the time of the offense;
11        (2) profits from prostitution by any means where the
12    prostituted person is under 18 years of age or is a person
13    with a severe or profound intellectual disability at the
14    time of the offense;
15        (3) profits from prostitution by any means where the
16    prostituted person is under 13 years of age at the time of
17    the offense;
18        (4) confines a child under the age of 18 or a person
19    with a severe or profound intellectual disability against
20    his or her will by the infliction or threat of imminent
21    infliction of great bodily harm or permanent disability or
22    disfigurement or by administering to the child or the
23    person with a severe or profound intellectual disability,
24    without his or her consent or by threat or deception and
25    for other than medical purposes, any alcoholic intoxicant

 

 

HB5556- 36 -LRB103 38752 RLC 68889 b

1    or a drug as defined in the Illinois Controlled Substances
2    Act or the Cannabis Control Act or methamphetamine as
3    defined in the Methamphetamine Control and Community
4    Protection Act and:
5            (A) compels the child or the person with a severe
6        or profound intellectual disability to engage in
7        prostitution;
8            (B) arranges a situation in which the child or the
9        person with a severe or profound intellectual
10        disability may practice prostitution; or
11            (C) profits from prostitution by the child or the
12        person with a severe or profound intellectual
13        disability.
14    (b) For purposes of this Section, administering drugs, as
15defined in subdivision (a)(4), or an alcoholic intoxicant to a
16child under the age of 13 or a person with a severe or profound
17intellectual disability shall be deemed to be without consent
18if the administering is done without the consent of the
19parents or legal guardian or if the administering is performed
20by the parents or legal guardian for other than medical
21purposes.
22    (c) If the accused did not have a reasonable opportunity
23to observe the prostituted person, it is an affirmative
24defense to a charge of promoting juvenile prostitution, except
25for a charge under subdivision (a)(4), that the accused
26reasonably believed the person was of the age of 18 years or

 

 

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1over or was not a person with a severe or profound intellectual
2disability at the time of the act giving rise to the charge.
3    (d) Sentence. A violation of subdivision (a)(1) is a Class
41 felony, unless committed within 1,000 feet of real property
5comprising a school, in which case it is a Class X felony. A
6violation of subdivision (a)(2) is a Class 1 felony. A
7violation of subdivision (a)(3) is a Class X felony. A
8violation of subdivision (a)(4) is a Class X felony, for which
9the person shall be sentenced to a term of imprisonment of not
10less than 6 years and not more than 60 years. A second or
11subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),
12or any combination of convictions under subdivision (a)(1),
13(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
14(solicitation of a sexual act), 11-14.3 (promoting or
15facilitating prostitution), 11-15 (soliciting for a
16prostitute), 11-15.1 (soliciting for a juvenile prostitute),
1711-16 (pandering), 11-17 (keeping a place of prostitution),
1811-17.1 (keeping a place of juvenile prostitution), 11-18
19(patronizing a prostitute), 11-18.1 (patronizing a juvenile
20prostitute), 11-19 (pimping), 11-19.1 (juvenile pimping or
21aggravated juvenile pimping), or 11-19.2 (exploitation of a
22child) of this Code, is a Class X felony.
23    (e) Forfeiture. Any person convicted of a violation of
24this Section that involves promoting juvenile prostitution by
25keeping a place of juvenile prostitution or convicted of a
26violation of subdivision (a)(4) is subject to the property

 

 

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1forfeiture provisions set forth in Article 124B of the Code of
2Criminal Procedure of 1963.
3    (f) For the purposes of this Section, "prostituted person"
4means any person who engages in, or agrees or offers to engage
5in, any act of sexual penetration as defined in Section 11-0.1
6of this Code for any money, property, token, object, or
7article or anything of value, or any touching or fondling of
8the sex organs of one person by another person, for any money,
9property, token, object, or article or anything of value, for
10the purpose of sexual arousal or gratification.
11(Source: P.A. 99-143, eff. 7-27-15.)
 
12    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
13    Sec. 11-18. Patronizing a prostitute.
14    (a) Any person who knowingly performs any of the following
15acts with a person not his or her spouse commits patronizing a
16prostitute:
17        (1) Engages in an act of sexual penetration as defined
18    in Section 11-0.1 of this Code with a prostitute; or
19        (2) Enters or remains in a place of prostitution with
20    intent to engage in an act of sexual penetration as
21    defined in Section 11-0.1 of this Code; or
22        (3) Engages in any touching or fondling with a
23    prostitute of the sex organs of one person by the other
24    person, with the intent to achieve sexual arousal or
25    gratification.

 

 

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1    (b) Sentence.
2    Patronizing a prostitute is a Class 4 felony, unless
3committed within 1,000 feet of real property comprising a
4school, in which case it is a Class 3 felony. A person
5convicted of a second or subsequent violation of this Section,
6or of any combination of such number of convictions under this
7Section and Sections 11-14 (prostitution), 11-14.1
8(solicitation of a sexual act), 11-14.3 (promoting or
9facilitating prostitution), 11-14.4 (promoting juvenile
10prostitution), 11-15 (soliciting for a prostitute), 11-15.1
11(soliciting for a juvenile prostitute), 11-16 (pandering),
1211-17 (keeping a place of prostitution), 11-17.1 (keeping a
13place of juvenile prostitution), 11-18.1 (patronizing a
14juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile
15pimping or aggravated juvenile pimping), or 11-19.2
16(exploitation of a child) of this Code, is guilty of a Class 3
17felony. If the court imposes a fine under this subsection (b),
18it shall be collected and distributed to the Specialized
19Services for Survivors of Human Trafficking Fund in accordance
20with Section 5-9-1.21 of the Unified Code of Corrections.
21    (c) (Blank).
22(Source: P.A. 98-1013, eff. 1-1-15.)
 
23    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
24    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
25    (a) Any person who engages in an act of sexual penetration

 

 

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1as defined in Section 11-0.1 of this Code with a person engaged
2in prostitution who is under 18 years of age or is a person
3with a severe or profound intellectual disability commits
4patronizing a minor engaged in prostitution.
5    (a-5) Any person who engages in any touching or fondling,
6with a person engaged in prostitution who either is under 18
7years of age or is a person with a severe or profound
8intellectual disability, of the sex organs of one person by
9the other person, with the intent to achieve sexual arousal or
10gratification, commits patronizing a minor engaged in
11prostitution.
12    (b) It is an affirmative defense to the charge of
13patronizing a minor engaged in prostitution that the accused
14reasonably believed that the person was of the age of 18 years
15or over or was not a person with a severe or profound
16intellectual disability at the time of the act giving rise to
17the charge.
18    (c) Sentence. A person who commits patronizing a juvenile
19prostitute is guilty of a Class 3 felony, unless committed
20within 1,000 feet of real property comprising a school, in
21which case it is a Class 2 felony. A person convicted of a
22second or subsequent violation of this Section, or of any
23combination of such number of convictions under this Section
24and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
25sexual act), 11-14.3 (promoting or facilitating prostitution),
2611-14.4 (promoting juvenile prostitution), 11-15 (soliciting

 

 

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1for a prostitute), 11-15.1 (soliciting for a juvenile
2prostitute), 11-16 (pandering), 11-17 (keeping a place of
3prostitution), 11-17.1 (keeping a place of juvenile
4prostitution), 11-18 (patronizing a prostitute), 11-19
5(pimping), 11-19.1 (juvenile pimping or aggravated juvenile
6pimping), or 11-19.2 (exploitation of a child) of this Code,
7is guilty of a Class 2 felony. The fact of such conviction is
8not an element of the offense and may not be disclosed to the
9jury during trial unless otherwise permitted by issues
10properly raised during such trial.
11(Source: P.A. 99-143, eff. 7-27-15.)
 
12    (720 ILCS 5/33G-3)
13    (Section scheduled to be repealed on June 1, 2025)
14    Sec. 33G-3. Definitions. As used in this Article:
15    (a) "Another state" means any State of the United States
16(other than the State of Illinois), or the District of
17Columbia, or the Commonwealth of Puerto Rico, or any territory
18or possession of the United States, or any political
19subdivision, or any department, agency, or instrumentality
20thereof.
21    (b) "Enterprise" includes:
22        (1) any partnership, corporation, association,
23    business or charitable trust, or other legal entity; and
24        (2) any group of individuals or other legal entities,
25    or any combination thereof, associated in fact although

 

 

HB5556- 42 -LRB103 38752 RLC 68889 b

1    not itself a legal entity. An association in fact must be
2    held together by a common purpose of engaging in a course
3    of conduct, and it may be associated together for purposes
4    that are both legal and illegal. An association in fact
5    must:
6            (A) have an ongoing organization or structure,
7        either formal or informal;
8            (B) the various members of the group must function
9        as a continuing unit, even if the group changes
10        membership by gaining or losing members over time; and
11            (C) have an ascertainable structure distinct from
12        that inherent in the conduct of a pattern of predicate
13        activity.
14    As used in this Article, "enterprise" includes licit and
15illicit enterprises.
16    (c) "Labor organization" includes any organization, labor
17union, craft union, or any voluntary unincorporated
18association designed to further the cause of the rights of
19union labor that is constituted for the purpose, in whole or in
20part, of collective bargaining or of dealing with employers
21concerning grievances, terms or conditions of employment, or
22apprenticeships or applications for apprenticeships, or of
23other mutual aid or protection in connection with employment,
24including apprenticeships or applications for apprenticeships.
25    (d) "Operation or management" means directing or carrying
26out the enterprise's affairs and is limited to any person who

 

 

HB5556- 43 -LRB103 38752 RLC 68889 b

1knowingly serves as a leader, organizer, operator, manager,
2director, supervisor, financier, advisor, recruiter, supplier,
3or enforcer of an enterprise in violation of this Article.
4    (e) "Predicate activity" means any act that is a Class 2
5felony or higher and constitutes a violation or violations of
6any of the following provisions of the laws of the State of
7Illinois (as amended or revised as of the date the activity
8occurred or, in the instance of a continuing offense, the date
9that charges under this Article are filed in a particular
10matter in the State of Illinois) or any act under the law of
11another jurisdiction for an offense that could be charged as a
12Class 2 felony or higher in this State:
13        (1) under the Criminal Code of 1961 or the Criminal
14    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
15    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
16    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
17    (aggravated unlawful restraint), 10-4 (forcible
18    detention), 10-5(b)(10) (child abduction), 10-9
19    (trafficking in persons, involuntary servitude, and
20    related offenses), 11-1.20 (criminal sexual assault),
21    11-1.30 (aggravated criminal sexual assault), 11-1.40
22    (predatory criminal sexual assault of a child), 11-1.60
23    (aggravated criminal sexual abuse), 11-6 (indecent
24    solicitation of a child), 11-6.5 (indecent solicitation of
25    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting or
26    facilitating prostitution), 11-14.4 (promoting juvenile

 

 

HB5556- 44 -LRB103 38752 RLC 68889 b

1    prostitution), 11-18.1 (patronizing a minor engaged in
2    prostitution; patronizing a juvenile prostitute), 12-3.05
3    (aggravated battery), 12-6.4 (criminal street gang
4    recruitment), 12-6.5 (compelling organization membership
5    of persons), 12-7.3 (stalking), 12-7.4 (aggravated
6    stalking), 12-7.5 (cyberstalking), 12-11 or 19-6 (home
7    invasion), 12-11.1 or 18-6 (vehicular invasion), 18-1
8    (robbery; aggravated robbery), 18-2 (armed robbery), 18-3
9    (vehicular hijacking), 18-4 (aggravated vehicular
10    hijacking), 18-5 (aggravated robbery), 19-1 (burglary),
11    19-3 (residential burglary), 20-1 (arson; residential
12    arson; place of worship arson), 20-1.1 (aggravated arson),
13    20-1.2 (residential arson), 20-1.3 (place of worship
14    arson), 24-1.2 (aggravated discharge of a firearm),
15    24-1.2-5 (aggravated discharge of a machine gun or
16    silencer equipped firearm), 24-1.8 (unlawful possession of
17    a firearm by a street gang member), 24-3.2 (unlawful
18    discharge of firearm projectiles), 24-3.9 (aggravated
19    possession of a stolen firearm), 24-3A (gunrunning), 26-5
20    or 48-1 (dog-fighting), 29D-14.9 (terrorism), 29D-15
21    (soliciting support for terrorism), 29D-15.1 (causing a
22    catastrophe), 29D-15.2 (possession of a deadly substance),
23    29D-20 (making a terrorist threat), 29D-25 (falsely making
24    a terrorist threat), 29D-29.9 (material support for
25    terrorism), 29D-35 (hindering prosecution of terrorism),
26    31A-1.2 (unauthorized contraband in a penal institution),

 

 

HB5556- 45 -LRB103 38752 RLC 68889 b

1    or 33A-3 (armed violence);
2        (2) under the Cannabis Control Act: Sections 5
3    (manufacture or delivery of cannabis), 5.1 (cannabis
4    trafficking), or 8 (production or possession of cannabis
5    plants), provided the offense either involves more than
6    500 grams of any substance containing cannabis or involves
7    more than 50 cannabis sativa plants;
8        (3) under the Illinois Controlled Substances Act:
9    Sections 401 (manufacture or delivery of a controlled
10    substance), 401.1 (controlled substance trafficking), 405
11    (calculated criminal drug conspiracy), or 405.2 (street
12    gang criminal drug conspiracy); or
13        (4) under the Methamphetamine Control and Community
14    Protection Act: Sections 15 (methamphetamine
15    manufacturing), or 55 (methamphetamine delivery).
16    (f) "Pattern of predicate activity" means:
17        (1) at least 3 occurrences of predicate activity that
18    are in some way related to each other and that have
19    continuity between them, and that are separate acts. Acts
20    are related to each other if they are not isolated events,
21    including if they have similar purposes, or results, or
22    participants, or victims, or are committed a similar way,
23    or have other similar distinguishing characteristics, or
24    are part of the affairs of the same enterprise. There is
25    continuity between acts if they are ongoing over a
26    substantial period, or if they are part of the regular way

 

 

HB5556- 46 -LRB103 38752 RLC 68889 b

1    some entity does business or conducts its affairs; and
2        (2) which occurs after the effective date of this
3    Article, and the last of which falls within 3 years
4    (excluding any period of imprisonment) after the first
5    occurrence of predicate activity.
6    (g) "Unlawful death" includes the following offenses:
7under the Code of 1961 or the Criminal Code of 2012: Sections
89-1 (first degree murder) or 9-2 (second degree murder).
9(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
10    Section 15. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 108B-3 and 124B-300 as follows:
 
12    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
13    Sec. 108B-3. Authorization for the interception of private
14communication.
15    (a) The State's Attorney, or a person designated in
16writing or by law to act for him and to perform his duties
17during his absence or disability, may authorize, in writing,
18an ex parte application to the chief judge of a court of
19competent jurisdiction for an order authorizing the
20interception of a private communication when no party has
21consented to the interception and (i) the interception may
22provide evidence of, or may assist in the apprehension of a
23person who has committed, is committing or is about to commit,
24a violation of Section 8-1(b) (solicitation of murder), 8-1.2

 

 

HB5556- 47 -LRB103 38752 RLC 68889 b

1(solicitation of murder for hire), 9-1 (first degree murder),
210-9 (involuntary servitude, involuntary sexual servitude of a
3minor, or trafficking in persons), paragraph (1), (2), or (3)
4of subsection (a) of Section 11-14.4 (promoting juvenile
5prostitution), subdivision (a)(2)(A) or (a)(2)(B) of Section
611-14.3 (promoting or facilitating prostitution), 11-15.1
7(soliciting for a minor engaged in prostitution), 11-16
8(pandering), 11-17.1 (keeping a place of juvenile
9prostitution), 11-18.1 (patronizing a minor engaged in
10prostitution), 11-19.1 (juvenile pimping and aggravated
11juvenile pimping), or 29B-1 (money laundering) of the Criminal
12Code of 1961 or the Criminal Code of 2012, Section 401, 401.1
13(controlled substance trafficking), 405, 405.1 (criminal drug
14conspiracy) or 407 of the Illinois Controlled Substances Act
15or any Section of the Methamphetamine Control and Community
16Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
1724-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
1824-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
19or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
202012 or conspiracy to commit money laundering or conspiracy to
21commit first degree murder; (ii) in response to a clear and
22present danger of imminent death or great bodily harm to
23persons resulting from: (1) a kidnapping or the holding of a
24hostage by force or the threat of the imminent use of force; or
25(2) the occupation by force or the threat of the imminent use
26of force of any premises, place, vehicle, vessel or aircraft;

 

 

HB5556- 48 -LRB103 38752 RLC 68889 b

1(iii) to aid an investigation or prosecution of a civil action
2brought under the Illinois Streetgang Terrorism Omnibus
3Prevention Act when there is probable cause to believe the
4interception of the private communication will provide
5evidence that a streetgang is committing, has committed, or
6will commit a second or subsequent gang-related offense or
7that the interception of the private communication will aid in
8the collection of a judgment entered under that Act; or (iv)
9upon information and belief that a streetgang has committed,
10is committing, or is about to commit a felony.
11    (b) The State's Attorney or a person designated in writing
12or by law to act for the State's Attorney and to perform his or
13her duties during his or her absence or disability, may
14authorize, in writing, an ex parte application to the chief
15judge of a circuit court for an order authorizing the
16interception of a private communication when no party has
17consented to the interception and the interception may provide
18evidence of, or may assist in the apprehension of a person who
19has committed, is committing or is about to commit, a
20violation of an offense under Article 29D of the Criminal Code
21of 1961 or the Criminal Code of 2012.
22    (b-1) Subsection (b) is inoperative on and after January
231, 2005.
24    (b-2) No conversations recorded or monitored pursuant to
25subsection (b) shall be made inadmissible in a court of law by
26virtue of subsection (b-1).

 

 

HB5556- 49 -LRB103 38752 RLC 68889 b

1    (c) As used in this Section, "streetgang" and
2"gang-related" have the meanings ascribed to them in Section
310 of the Illinois Streetgang Terrorism Omnibus Prevention
4Act.
5(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
697-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
7    (725 ILCS 5/124B-300)
8    Sec. 124B-300. Persons and property subject to forfeiture.
9A person who commits the offense of involuntary servitude,
10involuntary servitude of a minor, or trafficking of persons
11under Section 10A-10 or Section 10-9 of the Criminal Code of
121961 or the Criminal Code of 2012, promoting juvenile
13prostitution, keeping a place of juvenile prostitution, or
14promoting or facilitating prostitution that involves keeping a
15place of prostitution under subsection (a)(1) or (a)(4) of
16Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
17of the Criminal Code of 1961 or of the Criminal Code of 2012
18shall forfeit to the State of Illinois any profits or proceeds
19and any property he or she has acquired or maintained in
20violation of Section 10A-10 or Section 10-9 of the Criminal
21Code of 1961 or the Criminal Code of 2012, promoting juvenile
22prostitution, keeping a place of juvenile prostitution, or
23promoting or facilitating prostitution that involves keeping a
24place of prostitution under subsection (a)(1) or (a)(4) of
25Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2

 

 

HB5556- 50 -LRB103 38752 RLC 68889 b

1of the Criminal Code of 1961 or of the Criminal Code of 2012
2that the sentencing court determines, after a forfeiture
3hearing under this Article, to have been acquired or
4maintained as a result of maintaining a person in involuntary
5servitude or participating in trafficking of persons.
6(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)
 
7    Section 20. The Trafficking Victims Protection Act is
8amended by changing Section 10 as follows:
 
9    (740 ILCS 128/10)
10    Sec. 10. Definitions. As used in this Act:
11    "Human trafficking" means a violation or attempted
12violation of subsection (d) of Section 10-9 of the Criminal
13Code of 2012.
14    "Involuntary servitude" means a violation or attempted
15violation of subsection (b) of Section 10-9 of the Criminal
16Code of 2012.
17    "Sex trade" means a violation or attempted violation of
18any of the following Sections of the Criminal Code of 1961 or
19the Criminal Code of 2012: 11-14.3 (promoting or facilitating
20prostitution); 11-14.4 (promoting juvenile prostitution);
2111-15 (soliciting for a prostitute); 11-15.1 (soliciting for a
22juvenile prostitute); 11-16 (pandering); 11-17 (keeping a
23place of prostitution); 11-17.1 (keeping a place of juvenile
24prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and

 

 

HB5556- 51 -LRB103 38752 RLC 68889 b

1aggravated juvenile pimping); 11-19.2 (exploitation of a
2child); 11-20 (obscenity); 11-20.1 (child pornography);
311-20.1B or 11-20.3 (aggravated child pornography); or
4subsection (c) of Section 10-9 (involuntary sexual servitude
5of a minor).
6    "Sex trade" activity may involve adults and youth of all
7genders and sexual orientations.
8    "Victim of the sex trade" means, for the following sex
9trade acts, the person or persons indicated:
10        (1) soliciting for a prostitute: the prostitute who is
11    the object of the solicitation;
12        (2) soliciting for a juvenile prostitute: the juvenile
13    prostitute, or person with a severe or profound
14    intellectual disability, who is the object of the
15    solicitation;
16        (3) promoting or facilitating prostitution as
17    described in subdivision (a)(2)(A) or (a)(2)(B) of Section
18    11-14.3 of the Criminal Code of 1961 or the Criminal Code
19    of 2012, or pandering: the person intended or compelled to
20    act as a prostitute;
21        (4) keeping a place of prostitution: any person
22    intended or compelled to act as a prostitute, while
23    present at the place, during the time period in question;
24        (5) keeping a place of juvenile prostitution: any
25    juvenile intended or compelled to act as a prostitute,
26    while present at the place, during the time period in

 

 

HB5556- 52 -LRB103 38752 RLC 68889 b

1    question;
2        (6) promoting or facilitating prostitution as
3    described in subdivision (a)(2)(C) of Section 11-14.3 of
4    the Criminal Code of 1961 or the Criminal Code of 2012, or
5    pimping: the prostitute from whom anything of value is
6    received;
7        (7) promoting juvenile prostitution as described in
8    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
9    Criminal Code of 1961 or the Criminal Code of 2012, or
10    juvenile pimping and aggravated juvenile pimping: the
11    juvenile, or person with a severe or profound intellectual
12    disability, from whom anything of value is received for
13    that person's act of prostitution;
14        (8) promoting juvenile prostitution as described in
15    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
16    of 1961 or the Criminal Code of 2012, or exploitation of a
17    child: the juvenile, or person with a severe or profound
18    intellectual disability, intended or compelled to act as a
19    prostitute or from whom anything of value is received for
20    that person's act of prostitution;
21        (9) obscenity: any person who appears in or is
22    described or depicted in the offending conduct or
23    material;
24        (10) child pornography or aggravated child
25    pornography: any child, or person with a severe or
26    profound intellectual disability, who appears in or is

 

 

HB5556- 53 -LRB103 38752 RLC 68889 b

1    described or depicted in the offending conduct or
2    material; or
3        (11) involuntary sexual servitude of a minor as
4    defined in subsection (c) of Section 10-9 of the Criminal
5    Code of 1961 or the Criminal Code of 2012.
6(Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19.)

 

 

HB5556- 54 -LRB103 38752 RLC 68889 b

1 INDEX
2 Statutes amended in order of appearance
3    235 ILCS 5/6-2from Ch. 43, par. 120
4    720 ILCS 5/10-9
5    720 ILCS 5/11-9.3
6    720 ILCS 5/11-14.3
7    720 ILCS 5/11-14.4
8    720 ILCS 5/11-18from Ch. 38, par. 11-18
9    720 ILCS 5/11-18.1from Ch. 38, par. 11-18.1
10    720 ILCS 5/33G-3
11    725 ILCS 5/108B-3from Ch. 38, par. 108B-3
12    725 ILCS 5/124B-300
13    740 ILCS 128/10