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Full Text of SB2974  100th General Assembly

SB2974 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2974

 

Introduced 2/15/2018, by Sen. Michael Connelly

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/7  from Ch. 85, par. 507
720 ILCS 5/10-9
720 ILCS 5/11-14.1
720 ILCS 5/11-18.1  from Ch. 38, par. 11-18.1
720 ILCS 5/36-1  from Ch. 38, par. 36-1
725 ILCS 5/115-7  from Ch. 38, par. 115-7
725 ILCS 5/124B-100
730 ILCS 5/5-9-1.21
730 ILCS 150/2  from Ch. 38, par. 222

    Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall require police training schools to teach identification of victims of human trafficking. Amends the Criminal Code of 2012. Provides for enhanced penalties for human trafficking crimes when the victim is under 18 years of age at the time of the offense. Amends the Code of Criminal Procedure of 1963. Prohibits the admissibility of evidence in prosecution for trafficking of the prior sexual activities or reputation of the victim. Amends the Sex Offender Registration Act. Includes in the definition of "sex offense" involuntary sexual servitude of a minor and trafficking in persons. Amends the Unified Code of Corrections concerning fines for certain sexual offenses.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Illinois Police Training Act is amended by
5changing Section 7 as follows:
 
6    (50 ILCS 705/7)  (from Ch. 85, par. 507)
7    Sec. 7. Rules and standards for schools. The Board shall
8adopt rules and minimum standards for such schools which shall
9include, but not be limited to, the following:
10        a. The curriculum for probationary police officers
11    which shall be offered by all certified schools shall
12    include, but not be limited to, courses of procedural
13    justice, arrest and use and control tactics, search and
14    seizure, including temporary questioning, civil rights,
15    human rights, human relations, cultural competency,
16    including implicit bias and racial and ethnic sensitivity,
17    criminal law, law of criminal procedure, constitutional
18    and proper use of law enforcement authority, vehicle and
19    traffic law including uniform and non-discriminatory
20    enforcement of the Illinois Vehicle Code, traffic control
21    and accident investigation, techniques of obtaining
22    physical evidence, court testimonies, statements, reports,
23    firearms training, training in the use of electronic

 

 

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1    control devices, including the psychological and
2    physiological effects of the use of those devices on
3    humans, first-aid (including cardiopulmonary
4    resuscitation), training in the administration of opioid
5    antagonists as defined in paragraph (1) of subsection (e)
6    of Section 5-23 of the Alcoholism and Other Drug Abuse and
7    Dependency Act, handling of juvenile offenders,
8    recognition of mental conditions and crises, including,
9    but not limited to, the disease of addiction, which require
10    immediate assistance and response and methods to safeguard
11    and provide assistance to a person in need of mental
12    treatment, recognition of abuse, neglect, financial
13    exploitation, and self-neglect of adults with disabilities
14    and older adults, as defined in Section 2 of the Adult
15    Protective Services Act, crimes against the elderly, law of
16    evidence, identification of victims of human trafficking,
17    the hazards of high-speed police vehicle chases with an
18    emphasis on alternatives to the high-speed chase, and
19    physical training. The curriculum shall include specific
20    training in techniques for immediate response to and
21    investigation of cases of domestic violence and of sexual
22    assault of adults and children, including cultural
23    perceptions and common myths of sexual assault and sexual
24    abuse as well as interview techniques that are trauma
25    informed, victim centered, and victim sensitive. The
26    curriculum shall include training in techniques designed

 

 

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1    to promote effective communication at the initial contact
2    with crime victims and ways to comprehensively explain to
3    victims and witnesses their rights under the Rights of
4    Crime Victims and Witnesses Act and the Crime Victims
5    Compensation Act. The curriculum shall also include
6    training in effective recognition of and responses to
7    stress, trauma, and post-traumatic stress experienced by
8    police officers. The curriculum shall also include a block
9    of instruction aimed at identifying and interacting with
10    persons with autism and other developmental or physical
11    disabilities, reducing barriers to reporting crimes
12    against persons with autism, and addressing the unique
13    challenges presented by cases involving victims or
14    witnesses with autism and other developmental
15    disabilities. The curriculum for permanent police officers
16    shall include, but not be limited to: (1) refresher and
17    in-service training in any of the courses listed above in
18    this subparagraph, (2) advanced courses in any of the
19    subjects listed above in this subparagraph, (3) training
20    for supervisory personnel, and (4) specialized training in
21    subjects and fields to be selected by the board. The
22    training in the use of electronic control devices shall be
23    conducted for probationary police officers, including
24    University police officers.
25        b. Minimum courses of study, attendance requirements
26    and equipment requirements.

 

 

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1        c. Minimum requirements for instructors.
2        d. Minimum basic training requirements, which a
3    probationary police officer must satisfactorily complete
4    before being eligible for permanent employment as a local
5    law enforcement officer for a participating local
6    governmental agency. Those requirements shall include
7    training in first aid (including cardiopulmonary
8    resuscitation).
9        e. Minimum basic training requirements, which a
10    probationary county corrections officer must
11    satisfactorily complete before being eligible for
12    permanent employment as a county corrections officer for a
13    participating local governmental agency.
14        f. Minimum basic training requirements which a
15    probationary court security officer must satisfactorily
16    complete before being eligible for permanent employment as
17    a court security officer for a participating local
18    governmental agency. The Board shall establish those
19    training requirements which it considers appropriate for
20    court security officers and shall certify schools to
21    conduct that training.
22        A person hired to serve as a court security officer
23    must obtain from the Board a certificate (i) attesting to
24    his or her successful completion of the training course;
25    (ii) attesting to his or her satisfactory completion of a
26    training program of similar content and number of hours

 

 

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1    that has been found acceptable by the Board under the
2    provisions of this Act; or (iii) attesting to the Board's
3    determination that the training course is unnecessary
4    because of the person's extensive prior law enforcement
5    experience.
6        Individuals who currently serve as court security
7    officers shall be deemed qualified to continue to serve in
8    that capacity so long as they are certified as provided by
9    this Act within 24 months of June 1, 1997 (the effective
10    date of Public Act 89-685). Failure to be so certified,
11    absent a waiver from the Board, shall cause the officer to
12    forfeit his or her position.
13        All individuals hired as court security officers on or
14    after June 1, 1997 (the effective date of Public Act
15    89-685) this amendatory Act of 1996 shall be certified
16    within 12 months of the date of their hire, unless a waiver
17    has been obtained by the Board, or they shall forfeit their
18    positions.
19        The Sheriff's Merit Commission, if one exists, or the
20    Sheriff's Office if there is no Sheriff's Merit Commission,
21    shall maintain a list of all individuals who have filed
22    applications to become court security officers and who meet
23    the eligibility requirements established under this Act.
24    Either the Sheriff's Merit Commission, or the Sheriff's
25    Office if no Sheriff's Merit Commission exists, shall
26    establish a schedule of reasonable intervals for

 

 

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1    verification of the applicants' qualifications under this
2    Act and as established by the Board.
3        g. Minimum in-service training requirements, which a
4    police officer must satisfactorily complete every 3 years.
5    Those requirements shall include constitutional and proper
6    use of law enforcement authority, procedural justice,
7    civil rights, human rights, mental health awareness and
8    response, and cultural competency.
9        h. Minimum in-service training requirements, which a
10    police officer must satisfactorily complete at least
11    annually. Those requirements shall include law updates and
12    use of force training which shall include scenario based
13    training, or similar training approved by the Board.
14(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
15eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
16100-247, eff. 1-1-18; revised 10-3-17.)
 
17    Section 10. The Criminal Code of 2012 is amended by
18changing Sections 10-9, 11-14.1, 11-18.1, and 36-1 as follows:
 
19    (720 ILCS 5/10-9)
20    Sec. 10-9. Trafficking in persons, involuntary servitude,
21and related offenses.
22    (a) Definitions. In this Section:
23        (1) "Intimidation" has the meaning prescribed in
24    Section 12-6.

 

 

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1        (2) "Commercial sexual activity" means any sex act on
2    account of which anything of value is given, promised to,
3    or received by any person.
4        (3) "Financial harm" includes intimidation that brings
5    about financial loss, criminal usury, or employment
6    contracts that violate the Frauds Act.
7        (4) (Blank).
8        (5) "Labor" means work of economic or financial value.
9        (6) "Maintain" means, in relation to labor or services,
10    to secure continued performance thereof, regardless of any
11    initial agreement on the part of the victim to perform that
12    type of service.
13        (7) "Obtain" means, in relation to labor or services,
14    to secure performance thereof.
15        (7.5) "Serious harm" means any harm, whether physical
16    or nonphysical, including psychological, financial, or
17    reputational harm, that is sufficiently serious, under all
18    the surrounding circumstances, to compel a reasonable
19    person of the same background and in the same circumstances
20    to perform or to continue performing labor or services in
21    order to avoid incurring that harm.
22        (8) "Services" means activities resulting from a
23    relationship between a person and the actor in which the
24    person performs activities under the supervision of or for
25    the benefit of the actor. Commercial sexual activity and
26    sexually-explicit performances are forms of activities

 

 

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1    that are "services" under this Section. Nothing in this
2    definition may be construed to legitimize or legalize
3    prostitution.
4        (9) "Sexually-explicit performance" means a live,
5    recorded, broadcast (including over the Internet), or
6    public act or show intended to arouse or satisfy the sexual
7    desires or appeal to the prurient interests of patrons.
8        (10) "Trafficking victim" means a person subjected to
9    the practices set forth in subsection (b), (c), or (d).
10    (b) Involuntary servitude. A person commits involuntary
11servitude when he or she knowingly subjects, attempts to
12subject, or engages in a conspiracy to subject another person
13to labor or services obtained or maintained through any of the
14following means, or any combination of these means:
15        (1) causes or threatens to cause physical harm to any
16    person;
17        (2) physically restrains or threatens to physically
18    restrain another person;
19        (3) abuses or threatens to abuse the law or legal
20    process;
21        (4) knowingly destroys, conceals, removes,
22    confiscates, or possesses any actual or purported passport
23    or other immigration document, or any other actual or
24    purported government identification document, of another
25    person;
26        (5) uses intimidation, or exerts financial control

 

 

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1    over any person; or
2        (6) uses any scheme, plan, or pattern intended to cause
3    the person to believe that, if the person did not perform
4    the labor or services, that person or another person would
5    suffer serious harm or physical restraint.
6    Sentence. Except as otherwise provided in this paragraph or
7subsection (e) or (f) of this Section, a violation of
8subsection (b)(1) is a Class X felony, (b)(2) is a Class 1
9felony, (b)(3) is a Class 2 felony, (b)(4) is a Class 3 felony,
10and (b)(5) or and (b)(6) is a Class 4 felony. If the victim of
11the offense is under 18 years of age at the time of the
12commission of the offense, the violation is a Class X for which
13the person shall be sentenced to a minimum term of imprisonment
14of 10 years if the defendant knew that the victim will engage
15in commercial sexual activity, a sexually-explicit
16performance, or the production of pornography, or causes or
17attempts to cause the victim to engage in one or more of those
18activities, but the victim has not engaged in one or more of
19those activities; or the violation is a Class X felony for
20which the person shall be sentenced to a minimum term of
21imprisonment of 25 years if the victim of the offense has
22engaged in commercial sexual activity, a sexually-explicit
23performance, or the production of pornography.
24    (c) Involuntary sexual servitude of a minor. A person
25commits involuntary sexual servitude of a minor when he or she
26knowingly recruits, entices, harbors, transports, provides, or

 

 

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1obtains by any means, or attempts to recruit, entice, harbor,
2provide, or obtain by any means, another person under 18 years
3of age, knowing that the minor will engage in commercial sexual
4activity, a sexually-explicit performance, or the production
5of pornography, or causes or attempts to cause a minor to
6engage in one or more of those activities. and:
7        (1) there is no overt force or threat and the minor is
8    between the ages of 17 and 18 years;
9        (2) there is no overt force or threat and the minor is
10    under the age of 17 years; or
11        (3) there is overt force or threat.
12    Sentence. Involuntary sexual servitude of a minor is a
13Class X felony for which the person shall be sentenced to a
14minimum term of imprisonment of 10 years if the victim is
15recruited, enticed, harbored, transported, provided, or
16obtained by any means, or if there was an attempt to recruit,
17entice, harbor, provide, or obtain by any means, another person
18under 18 years of age, knowing that the victim will engage in
19commercial sexual activity, a sexually-explicit performance,
20or the production of pornography, or causes or attempts to
21cause the victim to engage in one or more of those activities,
22but the victim has not engaged in one or more of those
23activities. Involuntary sexual servitude of a minor is a Class
24X felony for which the person shall be sentenced to a minimum
25term of imprisonment of 25 years if the victim of the offense
26has engaged in commercial sexual activity, a sexually-explicit

 

 

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1performance, or the production of pornography Except as
2otherwise provided in subsection (e) or (f), a violation of
3subsection (c)(1) is a Class 1 felony, (c)(2) is a Class X
4felony, and (c)(3) is a Class X felony.
5    (d) Trafficking in persons. A person commits trafficking in
6persons when he or she knowingly: (1) recruits, entices,
7harbors, transports, provides, or obtains by any means, or
8attempts to recruit, entice, harbor, transport, provide, or
9obtain by any means, another person, intending or knowing that
10the person will be subjected to involuntary servitude; or (2)
11benefits, financially or by receiving anything of value, from
12participation in a venture that has engaged in an act of
13involuntary servitude or involuntary sexual servitude of a
14minor.
15    Sentence. Except as otherwise provided in this paragraph or
16subsection (e) or (f) of this Section, a violation of this
17subsection is a Class 1 felony. If the victim of the offense is
18under 18 years of age at the time of the commission of the
19offense, the violation is a Class X for which the person shall
20be sentenced to a minimum term of imprisonment of 10 years if
21the defendant knew that the victim will engage in commercial
22sexual activity, a sexually-explicit performance, or the
23production of pornography, or causes or attempts to cause the
24victim to engage in one or more of those activities, but the
25victim has not engaged in one or more of those activities; or
26the violation is a Class X felony for which the person shall be

 

 

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1sentenced to a minimum term of imprisonment of 25 years if the
2victim of the offense has engaged in commercial sexual
3activity, a sexually-explicit performance, or the production
4of pornography.
5    (e) Aggravating factors. A violation of this Section
6involving kidnapping or an attempt to kidnap, aggravated
7criminal sexual assault or an attempt to commit aggravated
8criminal sexual assault, or an attempt to commit first degree
9murder is a Class X felony, unless the victim is under 18 years
10of age at the time of the offense in which case it is a Class X
11felony for which the person shall be sentenced to a minimum
12term of imprisonment of 25 years.
13    (f) Sentencing considerations.
14        (1) Bodily injury. If, pursuant to a violation of this
15    Section, a victim suffered bodily injury, the defendant may
16    be sentenced to an extended-term sentence under Section
17    5-8-2 of the Unified Code of Corrections. The sentencing
18    court must take into account the time in which the victim
19    was held in servitude, with increased penalties for cases
20    in which the victim was held for between 180 days and one
21    year, and increased penalties for cases in which the victim
22    was held for more than one year.
23        (2) Number of victims. In determining sentences within
24    statutory maximums, the sentencing court should take into
25    account the number of victims, and may provide for
26    substantially increased sentences in cases involving more

 

 

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1    than 10 victims.
2    (g) Restitution. Restitution is mandatory under this
3Section. In addition to any other amount of loss identified,
4the court shall order restitution including the greater of (1)
5the gross income or value to the defendant of the victim's
6labor or services or (2) the value of the victim's labor as
7guaranteed under the Minimum Wage Law and overtime provisions
8of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
9whichever is greater.
10    (g-5) Fine distribution. If the court imposes a fine under
11subsection (b), (c), or (d) of this Section, it shall be
12collected and distributed to the Specialized Services for
13Survivors of Human Trafficking Fund in accordance with Section
145-9-1.21 of the Unified Code of Corrections.
15    (h) Trafficking victim services. Subject to the
16availability of funds, the Department of Human Services may
17provide or fund emergency services and assistance to
18individuals who are victims of one or more offenses defined in
19this Section.
20    (i) Certification. The Attorney General, a State's
21Attorney, or any law enforcement official shall certify in
22writing to the United States Department of Justice or other
23federal agency, such as the United States Department of
24Homeland Security, that an investigation or prosecution under
25this Section has begun and the individual who is a likely
26victim of a crime described in this Section is willing to

 

 

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1cooperate or is cooperating with the investigation to enable
2the individual, if eligible under federal law, to qualify for
3an appropriate special immigrant visa and to access available
4federal benefits. Cooperation with law enforcement shall not be
5required of victims of a crime described in this Section who
6are under 18 years of age. This certification shall be made
7available to the victim and his or her designated legal
8representative.
9    (j) A person who commits involuntary servitude,
10involuntary sexual servitude of a minor, or trafficking in
11persons under subsection (b), (c), or (d) of this Section is
12subject to the property forfeiture provisions set forth in
13Article 124B of the Code of Criminal Procedure of 1963.
14(Source: P.A. 97-897, eff. 1-1-13; 98-756, eff. 7-16-14;
1598-1013, eff. 1-1-15.)
 
16    (720 ILCS 5/11-14.1)
17    Sec. 11-14.1. Solicitation of a sexual act.
18    (a) Any person who offers a person not his or her spouse
19any money, property, token, object, or article or anything of
20value for that person or any other person not his or her spouse
21to perform any act of sexual penetration as defined in Section
2211-0.1 of this Code, or any touching or fondling of the sex
23organs of one person by another person for the purpose of
24sexual arousal or gratification, commits solicitation of a
25sexual act.

 

 

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1    (b) Sentence. Solicitation of a sexual act is a Class A
2misdemeanor. Solicitation of a sexual act from a person who is
3under the age of 18 or who is a person with a severe or profound
4intellectual disability is a Class 4 felony. If the court
5imposes a fine under this subsection (b), it shall be collected
6and distributed to the Specialized Services for Survivors of
7Human Trafficking Fund in accordance with Section 5-9-1.21 of
8the Unified Code of Corrections.
9    (b-5) It is an affirmative defense to a charge of
10solicitation of a sexual act with a person who is under the age
11of 18 or who is a person with a severe or profound intellectual
12disability that the accused reasonably believed the person was
13of the age of 18 years or over or was not a person with a severe
14or profound intellectual disability at the time of the act
15giving rise to the charge.
16    (c) This Section does not apply to a person engaged in
17prostitution who is under 18 years of age.
18    (d) A person cannot be convicted under this Section if the
19practice of prostitution underlying the offense consists
20exclusively of the accused's own acts of prostitution under
21Section 11-14 of this Code.
22    (e) Forfeiture. Any person convicted of a violation of this
23Section that involves solicitation of a sexual act from a
24person who is under the age of 18 or who is a person with a
25severe or profound intellectual disability is subject to the
26property forfeiture provisions set forth in Article 124B of the

 

 

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1Code of Criminal Procedure of 1963 or seizure under Article 36
2of this Code.
3(Source: P.A. 98-1013, eff. 1-1-15; 99-143, eff. 7-27-15.)
 
4    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
5    Sec. 11-18.1. Patronizing a minor engaged in prostitution.
6    (a) Any person who engages in an act of sexual penetration
7as defined in Section 11-0.1 of this Code with a person engaged
8in prostitution who is under 18 years of age or is a person
9with a severe or profound intellectual disability commits
10patronizing a minor engaged in prostitution.
11    (a-5) Any person who engages in any touching or fondling,
12with a person engaged in prostitution who either is under 18
13years of age or is a person with a severe or profound
14intellectual disability, of the sex organs of one person by the
15other person, with the intent to achieve sexual arousal or
16gratification, commits patronizing a minor engaged in
17prostitution.
18    (b) It is an affirmative defense to the charge of
19patronizing a minor engaged in prostitution that the accused
20reasonably believed that the person was of the age of 18 years
21or over or was not a person with a severe or profound
22intellectual disability at the time of the act giving rise to
23the charge.
24    (c) Sentence. A person who commits patronizing a juvenile
25prostitute is guilty of a Class 3 felony, unless committed

 

 

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1within 1,000 feet of real property comprising a school, in
2which case it is a Class 2 felony. A person convicted of a
3second or subsequent violation of this Section, or of any
4combination of such number of convictions under this Section
5and Sections 11-14 (prostitution), 11-14.1 (solicitation of a
6sexual act), 11-14.3 (promoting prostitution), 11-14.4
7(promoting juvenile prostitution), 11-15 (soliciting for a
8prostitute), 11-15.1 (soliciting for a juvenile prostitute),
911-16 (pandering), 11-17 (keeping a place of prostitution),
1011-17.1 (keeping a place of juvenile prostitution), 11-18
11(patronizing a prostitute), 11-19 (pimping), 11-19.1 (juvenile
12pimping or aggravated juvenile pimping), or 11-19.2
13(exploitation of a child) of this Code, is guilty of a Class 2
14felony. The fact of such conviction is not an element of the
15offense and may not be disclosed to the jury during trial
16unless otherwise permitted by issues properly raised during
17such trial.
18    (d) Forfeiture. Any person convicted of a violation of this
19Section is subject to the property forfeiture provisions set
20forth in Article 124B of the Code of Criminal Procedure of
211963.
22(Source: P.A. 99-143, eff. 7-27-15.)
 
23    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
24    (Text of Section before amendment by P.A. 100-512)
25    Sec. 36-1. Seizure.

 

 

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1    (a) Any vessel or watercraft, vehicle, or aircraft may be
2seized and impounded by the law enforcement agency if the
3vessel or watercraft, vehicle, or aircraft is used with the
4knowledge and consent of the owner in the commission of or in
5the attempt to commit as defined in Section 8-4 of this Code:
6        (1) an offense prohibited by Section 9-1 (first degree
7    murder), Section 9-3 (involuntary manslaughter and
8    reckless homicide), Section 10-2 (aggravated kidnaping),
9    Section 11-1.20 (criminal sexual assault), Section 11-1.30
10    (aggravated criminal sexual assault), Section 11-1.40
11    (predatory criminal sexual assault of a child), subsection
12    (a) of Section 11-1.50 (criminal sexual abuse), subsection
13    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
14    sexual abuse), Section 11-6 (indecent solicitation of a
15    child), Section 11-14.4 (promoting juvenile prostitution
16    except for keeping a place of juvenile prostitution),
17    Section 11-20.1 (child pornography), paragraph (a)(1),
18    (a)(2), (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3),
19    (e)(4), (e)(5), (e)(6), or (e)(7) of Section 12-3.05
20    (aggravated battery), Section 12-7.3 (stalking), Section
21    12-7.4 (aggravated stalking), Section 16-1 (theft if the
22    theft is of precious metal or of scrap metal), subdivision
23    (f)(2) or (f)(3) of Section 16-25 (retail theft), Section
24    18-2 (armed robbery), Section 19-1 (burglary), Section
25    19-2 (possession of burglary tools), Section 19-3
26    (residential burglary), Section 20-1 (arson; residential

 

 

SB2974- 19 -LRB100 18288 MRW 33492 b

1    arson; place of worship arson), Section 20-2 (possession of
2    explosives or explosive or incendiary devices),
3    subdivision (a)(6) or (a)(7) of Section 24-1 (unlawful use
4    of weapons), Section 24-1.2 (aggravated discharge of a
5    firearm), Section 24-1.2-5 (aggravated discharge of a
6    machine gun or a firearm equipped with a device designed or
7    used for silencing the report of a firearm), Section 24-1.5
8    (reckless discharge of a firearm), Section 28-1
9    (gambling), or Section 29D-15.2 (possession of a deadly
10    substance) of this Code;
11        (2) an offense prohibited by Section 21, 22, 23, 24 or
12    26 of the Cigarette Tax Act if the vessel or watercraft,
13    vehicle, or aircraft contains more than 10 cartons of such
14    cigarettes;
15        (3) an offense prohibited by Section 28, 29, or 30 of
16    the Cigarette Use Tax Act if the vessel or watercraft,
17    vehicle, or aircraft contains more than 10 cartons of such
18    cigarettes;
19        (4) an offense prohibited by Section 44 of the
20    Environmental Protection Act;
21        (5) an offense prohibited by Section 11-204.1 of the
22    Illinois Vehicle Code (aggravated fleeing or attempting to
23    elude a peace officer);
24        (6) an offense prohibited by Section 11-501 of the
25    Illinois Vehicle Code (driving while under the influence of
26    alcohol or other drug or drugs, intoxicating compound or

 

 

SB2974- 20 -LRB100 18288 MRW 33492 b

1    compounds or any combination thereof) or a similar
2    provision of a local ordinance, and:
3            (A) during a period in which his or her driving
4        privileges are revoked or suspended if the revocation
5        or suspension was for:
6                (i) Section 11-501 (driving under the
7            influence of alcohol or other drug or drugs,
8            intoxicating compound or compounds or any
9            combination thereof),
10                (ii) Section 11-501.1 (statutory summary
11            suspension or revocation),
12                (iii) paragraph (b) of Section 11-401 (motor
13            vehicle accidents involving death or personal
14            injuries), or
15                (iv) reckless homicide as defined in Section
16            9-3 of this Code;
17            (B) has been previously convicted of reckless
18        homicide or a similar provision of a law of another
19        state relating to reckless homicide in which the person
20        was determined to have been under the influence of
21        alcohol, other drug or drugs, or intoxicating compound
22        or compounds as an element of the offense or the person
23        has previously been convicted of committing a
24        violation of driving under the influence of alcohol or
25        other drug or drugs, intoxicating compound or
26        compounds or any combination thereof and was involved

 

 

SB2974- 21 -LRB100 18288 MRW 33492 b

1        in a motor vehicle accident that resulted in death,
2        great bodily harm, or permanent disability or
3        disfigurement to another, when the violation was a
4        proximate cause of the death or injuries;
5            (C) the person committed a violation of driving
6        under the influence of alcohol or other drug or drugs,
7        intoxicating compound or compounds or any combination
8        thereof under Section 11-501 of the Illinois Vehicle
9        Code or a similar provision for the third or subsequent
10        time;
11            (D) he or she did not possess a valid driver's
12        license or permit or a valid restricted driving permit
13        or a valid judicial driving permit or a valid
14        monitoring device driving permit; or
15            (E) he or she knew or should have known that the
16        vehicle he or she was driving was not covered by a
17        liability insurance policy;
18        (7) an offense described in subsection (g) of Section
19    6-303 of the Illinois Vehicle Code;
20        (8) an offense described in subsection (e) of Section
21    6-101 of the Illinois Vehicle Code; or
22        (9)(A) operating a watercraft under the influence of
23    alcohol, other drug or drugs, intoxicating compound or
24    compounds, or combination thereof under Section 5-16 of the
25    Boat Registration and Safety Act during a period in which
26    his or her privileges to operate a watercraft are revoked

 

 

SB2974- 22 -LRB100 18288 MRW 33492 b

1    or suspended and the revocation or suspension was for
2    operating a watercraft under the influence of alcohol,
3    other drug or drugs, intoxicating compound or compounds, or
4    combination thereof; (B) operating a watercraft under the
5    influence of alcohol, other drug or drugs, intoxicating
6    compound or compounds, or combination thereof and has been
7    previously convicted of reckless homicide or a similar
8    provision of a law in another state relating to reckless
9    homicide in which the person was determined to have been
10    under the influence of alcohol, other drug or drugs,
11    intoxicating compound or compounds, or combination thereof
12    as an element of the offense or the person has previously
13    been convicted of committing a violation of operating a
14    watercraft under the influence of alcohol, other drug or
15    drugs, intoxicating compound or compounds, or combination
16    thereof and was involved in an accident that resulted in
17    death, great bodily harm, or permanent disability or
18    disfigurement to another, when the violation was a
19    proximate cause of the death or injuries; or (C) the person
20    committed a violation of operating a watercraft under the
21    influence of alcohol, other drug or drugs, intoxicating
22    compound or compounds, or combination thereof under
23    Section 5-16 of the Boat Registration and Safety Act or a
24    similar provision for the third or subsequent time.
25    (b) In addition, any mobile or portable equipment used in
26the commission of an act which is in violation of Section 7g of

 

 

SB2974- 23 -LRB100 18288 MRW 33492 b

1the Metropolitan Water Reclamation District Act shall be
2subject to seizure and forfeiture under the same procedures
3provided in this Article for the seizure and forfeiture of
4vessels or watercraft, vehicles, and aircraft, and any such
5equipment shall be deemed a vessel or watercraft, vehicle, or
6aircraft for purposes of this Article.
7    (c) In addition, when a person discharges a firearm at
8another individual from a vehicle with the knowledge and
9consent of the owner of the vehicle and with the intent to
10cause death or great bodily harm to that individual and as a
11result causes death or great bodily harm to that individual,
12the vehicle shall be subject to seizure and forfeiture under
13the same procedures provided in this Article for the seizure
14and forfeiture of vehicles used in violations of clauses (1),
15(2), (3), or (4) of subsection (a) of this Section.
16    (d) If the spouse of the owner of a vehicle seized for an
17offense described in subsection (g) of Section 6-303 of the
18Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
19(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
2011-501 of the Illinois Vehicle Code, or Section 9-3 of this
21Code makes a showing that the seized vehicle is the only source
22of transportation and it is determined that the financial
23hardship to the family as a result of the seizure outweighs the
24benefit to the State from the seizure, the vehicle may be
25forfeited to the spouse or family member and the title to the
26vehicle shall be transferred to the spouse or family member who

 

 

SB2974- 24 -LRB100 18288 MRW 33492 b

1is properly licensed and who requires the use of the vehicle
2for employment or family transportation purposes. A written
3declaration of forfeiture of a vehicle under this Section shall
4be sufficient cause for the title to be transferred to the
5spouse or family member. The provisions of this paragraph shall
6apply only to one forfeiture per vehicle. If the vehicle is the
7subject of a subsequent forfeiture proceeding by virtue of a
8subsequent conviction of either spouse or the family member,
9the spouse or family member to whom the vehicle was forfeited
10under the first forfeiture proceeding may not utilize the
11provisions of this paragraph in another forfeiture proceeding.
12If the owner of the vehicle seized owns more than one vehicle,
13the procedure set out in this paragraph may be used for only
14one vehicle.
15    (e) In addition, property declared contraband under
16Section 40 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act may be seized and forfeited under this Article.
18(Source: P.A. 98-699, eff. 1-1-15; 98-1020, eff. 8-22-14;
1999-78, eff. 7-20-15.)
 
20    (Text of Section after amendment by P.A. 100-512)
21    Sec. 36-1. Property subject to forfeiture.
22    (a) Any vessel or watercraft, vehicle, or aircraft is
23subject to forfeiture under this Article if the vessel or
24watercraft, vehicle, or aircraft is used with the knowledge and
25consent of the owner in the commission of or in the attempt to

 

 

SB2974- 25 -LRB100 18288 MRW 33492 b

1commit as defined in Section 8-4 of this Code:
2        (1) an offense prohibited by Section 9-1 (first degree
3    murder), Section 9-3 (involuntary manslaughter and
4    reckless homicide), Section 10-2 (aggravated kidnaping),
5    Section 11-1.20 (criminal sexual assault), Section 11-1.30
6    (aggravated criminal sexual assault), Section 11-1.40
7    (predatory criminal sexual assault of a child), subsection
8    (a) of Section 11-1.50 (criminal sexual abuse), subsection
9    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
10    sexual abuse), Section 11-6 (indecent solicitation of a
11    child), Section 11-14.1 (solicitation of a sexual act from
12    a person who is under the age of 18 or who is a person with
13    a severe or profound intellectual disability), Section
14    11-14.4 (promoting juvenile prostitution except for
15    keeping a place of juvenile prostitution), Section 11-18.1
16    (patronizing a minor engaged in prostitution), Section
17    11-20.1 (child pornography), paragraph (a)(1), (a)(2),
18    (a)(4), (b)(1), (b)(2), (e)(1), (e)(2), (e)(3), (e)(4),
19    (e)(5), (e)(6), or (e)(7) of Section 12-3.05 (aggravated
20    battery), Section 12-7.3 (stalking), Section 12-7.4
21    (aggravated stalking), Section 16-1 (theft if the theft is
22    of precious metal or of scrap metal), subdivision (f)(2) or
23    (f)(3) of Section 16-25 (retail theft), Section 18-2 (armed
24    robbery), Section 19-1 (burglary), Section 19-2
25    (possession of burglary tools), Section 19-3 (residential
26    burglary), Section 20-1 (arson; residential arson; place

 

 

SB2974- 26 -LRB100 18288 MRW 33492 b

1    of worship arson), Section 20-2 (possession of explosives
2    or explosive or incendiary devices), subdivision (a)(6) or
3    (a)(7) of Section 24-1 (unlawful use of weapons), Section
4    24-1.2 (aggravated discharge of a firearm), Section
5    24-1.2-5 (aggravated discharge of a machine gun or a
6    firearm equipped with a device designed or used for
7    silencing the report of a firearm), Section 24-1.5
8    (reckless discharge of a firearm), Section 28-1
9    (gambling), or Section 29D-15.2 (possession of a deadly
10    substance) of this Code;
11        (2) an offense prohibited by Section 21, 22, 23, 24 or
12    26 of the Cigarette Tax Act if the vessel or watercraft,
13    vehicle, or aircraft contains more than 10 cartons of such
14    cigarettes;
15        (3) an offense prohibited by Section 28, 29, or 30 of
16    the Cigarette Use Tax Act if the vessel or watercraft,
17    vehicle, or aircraft contains more than 10 cartons of such
18    cigarettes;
19        (4) an offense prohibited by Section 44 of the
20    Environmental Protection Act;
21        (5) an offense prohibited by Section 11-204.1 of the
22    Illinois Vehicle Code (aggravated fleeing or attempting to
23    elude a peace officer);
24        (6) an offense prohibited by Section 11-501 of the
25    Illinois Vehicle Code (driving while under the influence of
26    alcohol or other drug or drugs, intoxicating compound or

 

 

SB2974- 27 -LRB100 18288 MRW 33492 b

1    compounds or any combination thereof) or a similar
2    provision of a local ordinance, and:
3            (A) during a period in which his or her driving
4        privileges are revoked or suspended if the revocation
5        or suspension was for:
6                (i) Section 11-501 (driving under the
7            influence of alcohol or other drug or drugs,
8            intoxicating compound or compounds or any
9            combination thereof),
10                (ii) Section 11-501.1 (statutory summary
11            suspension or revocation),
12                (iii) paragraph (b) of Section 11-401 (motor
13            vehicle accidents involving death or personal
14            injuries), or
15                (iv) reckless homicide as defined in Section
16            9-3 of this Code;
17            (B) has been previously convicted of reckless
18        homicide or a similar provision of a law of another
19        state relating to reckless homicide in which the person
20        was determined to have been under the influence of
21        alcohol, other drug or drugs, or intoxicating compound
22        or compounds as an element of the offense or the person
23        has previously been convicted of committing a
24        violation of driving under the influence of alcohol or
25        other drug or drugs, intoxicating compound or
26        compounds or any combination thereof and was involved

 

 

SB2974- 28 -LRB100 18288 MRW 33492 b

1        in a motor vehicle accident that resulted in death,
2        great bodily harm, or permanent disability or
3        disfigurement to another, when the violation was a
4        proximate cause of the death or injuries;
5            (C) the person committed a violation of driving
6        under the influence of alcohol or other drug or drugs,
7        intoxicating compound or compounds or any combination
8        thereof under Section 11-501 of the Illinois Vehicle
9        Code or a similar provision for the third or subsequent
10        time;
11            (D) he or she did not possess a valid driver's
12        license or permit or a valid restricted driving permit
13        or a valid judicial driving permit or a valid
14        monitoring device driving permit; or
15            (E) he or she knew or should have known that the
16        vehicle he or she was driving was not covered by a
17        liability insurance policy;
18        (7) an offense described in subsection (g) of Section
19    6-303 of the Illinois Vehicle Code;
20        (8) an offense described in subsection (e) of Section
21    6-101 of the Illinois Vehicle Code; or
22        (9)(A) operating a watercraft under the influence of
23    alcohol, other drug or drugs, intoxicating compound or
24    compounds, or combination thereof under Section 5-16 of the
25    Boat Registration and Safety Act during a period in which
26    his or her privileges to operate a watercraft are revoked

 

 

SB2974- 29 -LRB100 18288 MRW 33492 b

1    or suspended and the revocation or suspension was for
2    operating a watercraft under the influence of alcohol,
3    other drug or drugs, intoxicating compound or compounds, or
4    combination thereof; (B) operating a watercraft under the
5    influence of alcohol, other drug or drugs, intoxicating
6    compound or compounds, or combination thereof and has been
7    previously convicted of reckless homicide or a similar
8    provision of a law in another state relating to reckless
9    homicide in which the person was determined to have been
10    under the influence of alcohol, other drug or drugs,
11    intoxicating compound or compounds, or combination thereof
12    as an element of the offense or the person has previously
13    been convicted of committing a violation of operating a
14    watercraft under the influence of alcohol, other drug or
15    drugs, intoxicating compound or compounds, or combination
16    thereof and was involved in an accident that resulted in
17    death, great bodily harm, or permanent disability or
18    disfigurement to another, when the violation was a
19    proximate cause of the death or injuries; or (C) the person
20    committed a violation of operating a watercraft under the
21    influence of alcohol, other drug or drugs, intoxicating
22    compound or compounds, or combination thereof under
23    Section 5-16 of the Boat Registration and Safety Act or a
24    similar provision for the third or subsequent time.
25    (b) In addition, any mobile or portable equipment used in
26the commission of an act which is in violation of Section 7g of

 

 

SB2974- 30 -LRB100 18288 MRW 33492 b

1the Metropolitan Water Reclamation District Act shall be
2subject to seizure and forfeiture under the same procedures
3provided in this Article for the seizure and forfeiture of
4vessels or watercraft, vehicles, and aircraft, and any such
5equipment shall be deemed a vessel or watercraft, vehicle, or
6aircraft for purposes of this Article.
7    (c) In addition, when a person discharges a firearm at
8another individual from a vehicle with the knowledge and
9consent of the owner of the vehicle and with the intent to
10cause death or great bodily harm to that individual and as a
11result causes death or great bodily harm to that individual,
12the vehicle shall be subject to seizure and forfeiture under
13the same procedures provided in this Article for the seizure
14and forfeiture of vehicles used in violations of clauses (1),
15(2), (3), or (4) of subsection (a) of this Section.
16    (d) If the spouse of the owner of a vehicle seized for an
17offense described in subsection (g) of Section 6-303 of the
18Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
19(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
2011-501 of the Illinois Vehicle Code, or Section 9-3 of this
21Code makes a showing that the seized vehicle is the only source
22of transportation and it is determined that the financial
23hardship to the family as a result of the seizure outweighs the
24benefit to the State from the seizure, the vehicle may be
25forfeited to the spouse or family member and the title to the
26vehicle shall be transferred to the spouse or family member who

 

 

SB2974- 31 -LRB100 18288 MRW 33492 b

1is properly licensed and who requires the use of the vehicle
2for employment or family transportation purposes. A written
3declaration of forfeiture of a vehicle under this Section shall
4be sufficient cause for the title to be transferred to the
5spouse or family member. The provisions of this paragraph shall
6apply only to one forfeiture per vehicle. If the vehicle is the
7subject of a subsequent forfeiture proceeding by virtue of a
8subsequent conviction of either spouse or the family member,
9the spouse or family member to whom the vehicle was forfeited
10under the first forfeiture proceeding may not utilize the
11provisions of this paragraph in another forfeiture proceeding.
12If the owner of the vehicle seized owns more than one vehicle,
13the procedure set out in this paragraph may be used for only
14one vehicle.
15    (e) In addition, property subject to forfeiture under
16Section 40 of the Illinois Streetgang Terrorism Omnibus
17Prevention Act may be seized and forfeited under this Article.
18(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
19    Section 15. The Code of Criminal Procedure of 1963 is
20amended by changing Sections 115-7 and 124B-100 as follows:
 
21    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
22    Sec. 115-7. a. In prosecutions for predatory criminal
23sexual assault of a child, aggravated criminal sexual assault,
24criminal sexual assault, aggravated criminal sexual abuse,

 

 

SB2974- 32 -LRB100 18288 MRW 33492 b

1trafficking in persons, involuntary servitude, involuntary
2sexual servitude, criminal sexual abuse, or criminal
3transmission of HIV; and in prosecutions for battery and
4aggravated battery, when the commission of the offense involves
5sexual penetration or sexual conduct as defined in Section
611-0.1 of the Criminal Code of 2012; and with the trial or
7retrial of the offenses formerly known as rape, deviate sexual
8assault, indecent liberties with a child, and aggravated
9indecent liberties with a child, the prior sexual activity or
10the reputation of the alleged victim or corroborating witness
11under Section 115-7.3 of this Code is inadmissible except (1)
12as evidence concerning the past sexual conduct of the alleged
13victim or corroborating witness under Section 115-7.3 of this
14Code with the accused when this evidence is offered by the
15accused upon the issue of whether the alleged victim or
16corroborating witness under Section 115-7.3 of this Code
17consented to the sexual conduct with respect to which the
18offense is alleged; or (2) when constitutionally required to be
19admitted.
20    b. No evidence admissible under this Section shall be
21introduced unless ruled admissible by the trial judge after an
22offer of proof has been made at a hearing to be held in camera
23in order to determine whether the defense has evidence to
24impeach the witness in the event that prior sexual activity
25with the defendant is denied. Such offer of proof shall include
26reasonably specific information as to the date, time and place

 

 

SB2974- 33 -LRB100 18288 MRW 33492 b

1of the past sexual conduct between the alleged victim or
2corroborating witness under Section 115-7.3 of this Code and
3the defendant. Unless the court finds that reasonably specific
4information as to date, time or place, or some combination
5thereof, has been offered as to prior sexual activity with the
6defendant, counsel for the defendant shall be ordered to
7refrain from inquiring into prior sexual activity between the
8alleged victim or corroborating witness under Section 115-7.3
9of this Code and the defendant. The court shall not admit
10evidence under this Section unless it determines at the hearing
11that the evidence is relevant and the probative value of the
12evidence outweighs the danger of unfair prejudice. The evidence
13shall be admissible at trial to the extent an order made by the
14court specifies the evidence that may be admitted and areas
15with respect to which the alleged victim or corroborating
16witness under Section 115-7.3 of this Code may be examined or
17cross examined.
18(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
19    (725 ILCS 5/124B-100)
20    Sec. 124B-100. Definition; "offense". For purposes of this
21Article, "offense" is defined as follows:
22        (1) In the case of forfeiture authorized under Section
23    10A-15 of the Criminal Code of 1961 or Section 10-9 of the
24    Criminal Code of 2012, "offense" means the offense of
25    involuntary servitude, involuntary servitude of a minor,

 

 

SB2974- 34 -LRB100 18288 MRW 33492 b

1    or trafficking in persons in violation of Section 10-9 or
2    10A-10 of those Codes.
3        (2) In the case of forfeiture authorized under
4    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
5    of the Criminal Code of 1961 or the Criminal Code of 2012,
6    "offense" means the offense of promoting juvenile
7    prostitution or keeping a place of juvenile prostitution in
8    violation of subdivision (a)(1) of Section 11-14.4, or
9    Section 11-17.1, of those Codes.
10        (2.5) In the case of forfeiture authorized under
11    Section 11-17.1 of the Criminal Code of 2012, "offense"
12    means the offense of patronizing a minor engaged in
13    prostitution in violation of Section 11-18.1 of that Code.
14        (3) In the case of forfeiture authorized under
15    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
16    of the Criminal Code of 1961 or the Criminal Code of 2012,
17    "offense" means the offense of promoting juvenile
18    prostitution or exploitation of a child in violation of
19    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
20    of those Codes.
21        (4) In the case of forfeiture authorized under Section
22    11-20 of the Criminal Code of 1961 or the Criminal Code of
23    2012, "offense" means the offense of obscenity in violation
24    of that Section.
25        (5) In the case of forfeiture authorized under Section
26    11-20.1 of the Criminal Code of 1961 or the Criminal Code

 

 

SB2974- 35 -LRB100 18288 MRW 33492 b

1    of 2012, "offense" means the offense of child pornography
2    in violation of Section 11-20.1 of that Code.
3        (6) In the case of forfeiture authorized under Section
4    11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
5    means the offense of aggravated child pornography in
6    violation of Section 11-20.1B or 11-20.3 of that Code.
7        (7) In the case of forfeiture authorized under Section
8    12C-65 of the Criminal Code of 2012 or Article 44 of the
9    Criminal Code of 1961, "offense" means the offense of
10    unlawful transfer of a telecommunications device to a minor
11    in violation of Section 12C-65 or Article 44 of those
12    Codes.
13        (8) In the case of forfeiture authorized under Section
14    17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
15    Code of 2012, "offense" means the offense of computer fraud
16    in violation of Section 17-50 or 16D-5 of those Codes.
17        (9) In the case of forfeiture authorized under Section
18    17-6.3 or Article 17B of the Criminal Code of 1961 or the
19    Criminal Code of 2012, "offense" means any felony violation
20    of Section 17-6.3 or Article 17B of those Codes.
21        (10) In the case of forfeiture authorized under Section
22    29D-65 of the Criminal Code of 1961 or the Criminal Code of
23    2012, "offense" means any offense under Article 29D of that
24    Code.
25        (11) In the case of forfeiture authorized under Section
26    4.01 of the Humane Care for Animals Act, Section 26-5 of

 

 

SB2974- 36 -LRB100 18288 MRW 33492 b

1    the Criminal Code of 1961, or Section 48-1 of the Criminal
2    Code of 2012, "offense" means any felony offense under
3    either of those Sections.
4        (12) In the case of forfeiture authorized under Section
5    124B-1000(b) of the Code of Criminal Procedure of 1963,
6    "offense" means an offense in violation of the Criminal
7    Code of 1961, the Criminal Code of 2012, the Illinois
8    Controlled Substances Act, the Cannabis Control Act, or the
9    Methamphetamine Control and Community Protection Act, or
10    an offense involving a telecommunications device possessed
11    by a person on the real property of any elementary or
12    secondary school without authority of the school
13    principal.
14(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1597-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
161-1-13; 97-1150, eff. 1-25-13.)
 
17    Section 20. The Unified Code of Corrections is amended by
18changing Section 5-9-1.21 as follows:
 
19    (730 ILCS 5/5-9-1.21)
20    Sec. 5-9-1.21. Specialized Services for Survivors of Human
21Trafficking Fund.
22    (a) There is created in the State treasury a Specialized
23Services for Survivors of Human Trafficking Fund. Moneys
24deposited into the Fund under this Section shall be available

 

 

SB2974- 37 -LRB100 18288 MRW 33492 b

1for the Department of Human Services for the purposes in this
2Section.
3    (b) Each plea of guilty, stipulation of facts, or finding
4of guilt resulting in a judgment of conviction or order of
5supervision for an offense under Section 10-9, 11-14.1,
611-14.3, 11-14.4, or 11-18, or 11-18.1 of the Criminal Code of
72012 that results in the imposition of a fine shall have a
8portion of that fine deposited into the Specialized Services
9for Survivors of Human Trafficking Fund.
10    (c) If imposed, the fine shall be collected by the circuit
11court clerk in addition to any other imposed fee. The circuit
12court clerk shall retain $50 to cover the costs in
13administering and enforcing this Section. The circuit court
14clerk shall remit the remainder of the fine within one month of
15its receipt as follows:
16        (1) $300 shall be distributed equally between all State
17    law enforcement agencies whose officers or employees
18    conducted the investigation or prosecution that resulted
19    in the finding of guilt; and
20        (2) the remainder of the fine shall be remitted to the
21    Department of Human Services for deposit into the
22    Specialized Services for Survivors of Human Trafficking
23    Fund.
24    (d) Upon appropriation of moneys from the Specialized
25Services for Survivors of Human Trafficking Fund, the
26Department of Human Services shall use these moneys to make

 

 

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1grants to non-governmental organizations to provide
2specialized, trauma-informed services specifically designed to
3address the priority service needs associated with
4prostitution and human trafficking. Priority services include,
5but are not limited to, community based drop-in centers,
6emergency housing, and long-term safe homes. The Department
7shall consult with prostitution and human trafficking
8advocates, survivors, and service providers to identify
9priority service needs in their respective communities.
10    (e) Grants made under this Section are in addition to, and
11not substitutes for, other grants authorized and made by the
12Department.
13    (f) Notwithstanding any other law to the contrary, the
14Specialized Services for Survivors of Human Trafficking Fund is
15not subject to sweeps, administrative charge-backs, or any
16other fiscal maneuver that would in any way transfer any
17amounts from the Specialized Services for Survivors of Human
18Trafficking Fund into any other fund of the State.
19(Source: P.A. 98-1013, eff. 1-1-15.)
 
20    Section 25. The Sex Offender Registration Act is amended by
21changing Section 2 as follows:
 
22    (730 ILCS 150/2)  (from Ch. 38, par. 222)
23    Sec. 2. Definitions.
24    (A) As used in this Article, "sex offender" means any

 

 

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1person who is:
2        (1) charged pursuant to Illinois law, or any
3    substantially similar federal, Uniform Code of Military
4    Justice, sister state, or foreign country law, with a sex
5    offense set forth in subsection (B) of this Section or the
6    attempt to commit an included sex offense, and:
7            (a) is convicted of such offense or an attempt to
8        commit such offense; or
9            (b) is found not guilty by reason of insanity of
10        such offense or an attempt to commit such offense; or
11            (c) is found not guilty by reason of insanity
12        pursuant to Section 104-25(c) of the Code of Criminal
13        Procedure of 1963 of such offense or an attempt to
14        commit such offense; or
15            (d) is the subject of a finding not resulting in an
16        acquittal at a hearing conducted pursuant to Section
17        104-25(a) of the Code of Criminal Procedure of 1963 for
18        the alleged commission or attempted commission of such
19        offense; or
20            (e) is found not guilty by reason of insanity
21        following a hearing conducted pursuant to a federal,
22        Uniform Code of Military Justice, sister state, or
23        foreign country law substantially similar to Section
24        104-25(c) of the Code of Criminal Procedure of 1963 of
25        such offense or of the attempted commission of such
26        offense; or

 

 

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1            (f) is the subject of a finding not resulting in an
2        acquittal at a hearing conducted pursuant to a federal,
3        Uniform Code of Military Justice, sister state, or
4        foreign country law substantially similar to Section
5        104-25(a) of the Code of Criminal Procedure of 1963 for
6        the alleged violation or attempted commission of such
7        offense; or
8        (2) declared as a sexually dangerous person pursuant to
9    the Illinois Sexually Dangerous Persons Act, or any
10    substantially similar federal, Uniform Code of Military
11    Justice, sister state, or foreign country law; or
12        (3) subject to the provisions of Section 2 of the
13    Interstate Agreements on Sexually Dangerous Persons Act;
14    or
15        (4) found to be a sexually violent person pursuant to
16    the Sexually Violent Persons Commitment Act or any
17    substantially similar federal, Uniform Code of Military
18    Justice, sister state, or foreign country law; or
19        (5) adjudicated a juvenile delinquent as the result of
20    committing or attempting to commit an act which, if
21    committed by an adult, would constitute any of the offenses
22    specified in item (B), (C), or (C-5) of this Section or a
23    violation of any substantially similar federal, Uniform
24    Code of Military Justice, sister state, or foreign country
25    law, or found guilty under Article V of the Juvenile Court
26    Act of 1987 of committing or attempting to commit an act

 

 

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1    which, if committed by an adult, would constitute any of
2    the offenses specified in item (B), (C), or (C-5) of this
3    Section or a violation of any substantially similar
4    federal, Uniform Code of Military Justice, sister state, or
5    foreign country law.
6    Convictions that result from or are connected with the same
7act, or result from offenses committed at the same time, shall
8be counted for the purpose of this Article as one conviction.
9Any conviction set aside pursuant to law is not a conviction
10for purposes of this Article.
11     For purposes of this Section, "convicted" shall have the
12same meaning as "adjudicated".
13    (B) As used in this Article, "sex offense" means:
14        (1) A violation of any of the following Sections of the
15    Criminal Code of 1961 or the Criminal Code of 2012:
16            11-20.1 (child pornography),
17            11-20.1B or 11-20.3 (aggravated child
18        pornography),
19            11-6 (indecent solicitation of a child),
20            11-9.1 (sexual exploitation of a child),
21            11-9.2 (custodial sexual misconduct),
22            11-9.5 (sexual misconduct with a person with a
23        disability),
24            11-14.4 (promoting juvenile prostitution),
25            11-15.1 (soliciting for a juvenile prostitute),
26            11-18.1 (patronizing a juvenile prostitute),

 

 

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1            11-17.1 (keeping a place of juvenile
2        prostitution),
3            11-19.1 (juvenile pimping),
4            11-19.2 (exploitation of a child),
5            11-25 (grooming),
6            11-26 (traveling to meet a minor or traveling to
7        meet a child),
8            11-1.20 or 12-13 (criminal sexual assault),
9            11-1.30 or 12-14 (aggravated criminal sexual
10        assault),
11            11-1.40 or 12-14.1 (predatory criminal sexual
12        assault of a child),
13            11-1.50 or 12-15 (criminal sexual abuse),
14            11-1.60 or 12-16 (aggravated criminal sexual
15        abuse),
16            12-33 (ritualized abuse of a child).
17            An attempt to commit any of these offenses.
18        (1.5) A violation of any of the following Sections of
19    the Criminal Code of 1961 or the Criminal Code of 2012,
20    when the victim is a person under 18 years of age, the
21    defendant is not a parent of the victim, the offense was
22    sexually motivated as defined in Section 10 of the Sex
23    Offender Evaluation and Treatment Act, and the offense was
24    committed on or after January 1, 1996:
25            10-1 (kidnapping),
26            10-2 (aggravated kidnapping),

 

 

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1            10-3 (unlawful restraint),
2            10-3.1 (aggravated unlawful restraint).
3        If the offense was committed before January 1, 1996, it
4    is a sex offense requiring registration only when the
5    person is convicted of any felony after July 1, 2011, and
6    paragraph (2.1) of subsection (c) of Section 3 of this Act
7    applies.
8        (1.6) First degree murder under Section 9-1 of the
9    Criminal Code of 1961 or the Criminal Code of 2012,
10    provided the offense was sexually motivated as defined in
11    Section 10 of the Sex Offender Management Board Act.
12        (1.7) (Blank).
13        (1.8) A violation or attempted violation of Section
14    11-11 (sexual relations within families) of the Criminal
15    Code of 1961 or the Criminal Code of 2012, and the offense
16    was committed on or after June 1, 1997. If the offense was
17    committed before June 1, 1997, it is a sex offense
18    requiring registration only when the person is convicted of
19    any felony after July 1, 2011, and paragraph (2.1) of
20    subsection (c) of Section 3 of this Act applies.
21        (1.9) Child abduction under paragraph (10) of
22    subsection (b) of Section 10-5 of the Criminal Code of 1961
23    or the Criminal Code of 2012 committed by luring or
24    attempting to lure a child under the age of 16 into a motor
25    vehicle, building, house trailer, or dwelling place
26    without the consent of the parent or lawful custodian of

 

 

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1    the child for other than a lawful purpose and the offense
2    was committed on or after January 1, 1998, provided the
3    offense was sexually motivated as defined in Section 10 of
4    the Sex Offender Management Board Act. If the offense was
5    committed before January 1, 1998, it is a sex offense
6    requiring registration only when the person is convicted of
7    any felony after July 1, 2011, and paragraph (2.1) of
8    subsection (c) of Section 3 of this Act applies.
9        (1.10) A violation or attempted violation of any of the
10    following Sections of the Criminal Code of 1961 or the
11    Criminal Code of 2012 when the offense was committed on or
12    after July 1, 1999:
13            10-4 (forcible detention, if the victim is under 18
14        years of age), provided the offense was sexually
15        motivated as defined in Section 10 of the Sex Offender
16        Management Board Act,
17            11-6.5 (indecent solicitation of an adult),
18            11-14.3 that involves soliciting for a prostitute,
19        or 11-15 (soliciting for a prostitute, if the victim is
20        under 18 years of age),
21            subdivision (a)(2)(A) or (a)(2)(B) of Section
22        11-14.3, or Section 11-16 (pandering, if the victim is
23        under 18 years of age),
24            11-18 (patronizing a prostitute, if the victim is
25        under 18 years of age),
26            subdivision (a)(2)(C) of Section 11-14.3, or

 

 

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1        Section 11-19 (pimping, if the victim is under 18 years
2        of age).
3        If the offense was committed before July 1, 1999, it is
4    a sex offense requiring registration only when the person
5    is convicted of any felony after July 1, 2011, and
6    paragraph (2.1) of subsection (c) of Section 3 of this Act
7    applies.
8        (1.11) A violation or attempted violation of any of the
9    following Sections of the Criminal Code of 1961 or the
10    Criminal Code of 2012 when the offense was committed on or
11    after August 22, 2002:
12            11-9 or 11-30 (public indecency for a third or
13        subsequent conviction).
14        If the third or subsequent conviction was imposed
15    before August 22, 2002, it is a sex offense requiring
16    registration only when the person is convicted of any
17    felony after July 1, 2011, and paragraph (2.1) of
18    subsection (c) of Section 3 of this Act applies.
19        (1.12) A violation or attempted violation of Section
20    5.1 of the Wrongs to Children Act or Section 11-9.1A of the
21    Criminal Code of 1961 or the Criminal Code of 2012
22    (permitting sexual abuse) when the offense was committed on
23    or after August 22, 2002. If the offense was committed
24    before August 22, 2002, it is a sex offense requiring
25    registration only when the person is convicted of any
26    felony after July 1, 2011, and paragraph (2.1) of

 

 

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1    subsection (c) of Section 3 of this Act applies.
2        (1.13) A violation or attempted violation of
3    subsection (c) or (d) of Section 10-9 of the Criminal Code
4    of 2012 (trafficking in persons, involuntary servitude,
5    and related offenses).
6        (2) A violation of any former law of this State
7    substantially equivalent to any offense listed in
8    subsection (B) of this Section.
9    (C) A conviction for an offense of federal law, Uniform
10Code of Military Justice, or the law of another state or a
11foreign country that is substantially equivalent to any offense
12listed in subsections (B), (C), (E), and (E-5) of this Section
13shall constitute a conviction for the purpose of this Article.
14A finding or adjudication as a sexually dangerous person or a
15sexually violent person under any federal law, Uniform Code of
16Military Justice, or the law of another state or foreign
17country that is substantially equivalent to the Sexually
18Dangerous Persons Act or the Sexually Violent Persons
19Commitment Act shall constitute an adjudication for the
20purposes of this Article.
21    (C-5) A person at least 17 years of age at the time of the
22commission of the offense who is convicted of first degree
23murder under Section 9-1 of the Criminal Code of 1961 or the
24Criminal Code of 2012, against a person under 18 years of age,
25shall be required to register for natural life. A conviction
26for an offense of federal, Uniform Code of Military Justice,

 

 

SB2974- 47 -LRB100 18288 MRW 33492 b

1sister state, or foreign country law that is substantially
2equivalent to any offense listed in subsection (C-5) of this
3Section shall constitute a conviction for the purpose of this
4Article. This subsection (C-5) applies to a person who
5committed the offense before June 1, 1996 if: (i) the person is
6incarcerated in an Illinois Department of Corrections facility
7on August 20, 2004 (the effective date of Public Act 93-977),
8or (ii) subparagraph (i) does not apply and the person is
9convicted of any felony after July 1, 2011, and paragraph (2.1)
10of subsection (c) of Section 3 of this Act applies.
11    (C-6) A person who is convicted or adjudicated delinquent
12of first degree murder as defined in Section 9-1 of the
13Criminal Code of 1961 or the Criminal Code of 2012, against a
14person 18 years of age or over, shall be required to register
15for his or her natural life. A conviction for an offense of
16federal, Uniform Code of Military Justice, sister state, or
17foreign country law that is substantially equivalent to any
18offense listed in subsection (C-6) of this Section shall
19constitute a conviction for the purpose of this Article. This
20subsection (C-6) does not apply to those individuals released
21from incarceration more than 10 years prior to January 1, 2012
22(the effective date of Public Act 97-154).
23    (D) As used in this Article, "law enforcement agency having
24jurisdiction" means the Chief of Police in each of the
25municipalities in which the sex offender expects to reside,
26work, or attend school (1) upon his or her discharge, parole or

 

 

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1release or (2) during the service of his or her sentence of
2probation or conditional discharge, or the Sheriff of the
3county, in the event no Police Chief exists or if the offender
4intends to reside, work, or attend school in an unincorporated
5area. "Law enforcement agency having jurisdiction" includes
6the location where out-of-state students attend school and
7where out-of-state employees are employed or are otherwise
8required to register.
9    (D-1) As used in this Article, "supervising officer" means
10the assigned Illinois Department of Corrections parole agent or
11county probation officer.
12    (E) As used in this Article, "sexual predator" means any
13person who, after July 1, 1999, is:
14        (1) Convicted for an offense of federal, Uniform Code
15    of Military Justice, sister state, or foreign country law
16    that is substantially equivalent to any offense listed in
17    subsection (E) or (E-5) of this Section shall constitute a
18    conviction for the purpose of this Article. Convicted of a
19    violation or attempted violation of any of the following
20    Sections of the Criminal Code of 1961 or the Criminal Code
21    of 2012:
22            10-5.1 (luring of a minor),
23            11-14.4 that involves keeping a place of juvenile
24        prostitution, or 11-17.1 (keeping a place of juvenile
25        prostitution),
26            subdivision (a)(2) or (a)(3) of Section 11-14.4,

 

 

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1        or Section 11-19.1 (juvenile pimping),
2            subdivision (a)(4) of Section 11-14.4, or Section
3        11-19.2 (exploitation of a child),
4            11-20.1 (child pornography),
5            11-20.1B or 11-20.3 (aggravated child
6        pornography),
7            11-1.20 or 12-13 (criminal sexual assault),
8            11-1.30 or 12-14 (aggravated criminal sexual
9        assault),
10            11-1.40 or 12-14.1 (predatory criminal sexual
11        assault of a child),
12            11-1.60 or 12-16 (aggravated criminal sexual
13        abuse),
14            12-33 (ritualized abuse of a child);
15        (2) (blank);
16        (3) declared as a sexually dangerous person pursuant to
17    the Sexually Dangerous Persons Act or any substantially
18    similar federal, Uniform Code of Military Justice, sister
19    state, or foreign country law;
20        (4) found to be a sexually violent person pursuant to
21    the Sexually Violent Persons Commitment Act or any
22    substantially similar federal, Uniform Code of Military
23    Justice, sister state, or foreign country law;
24        (5) convicted of a second or subsequent offense which
25    requires registration pursuant to this Act. For purposes of
26    this paragraph (5), "convicted" shall include a conviction

 

 

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1    under any substantially similar Illinois, federal, Uniform
2    Code of Military Justice, sister state, or foreign country
3    law;
4        (6) (blank); or
5        (7) if the person was convicted of an offense set forth
6    in this subsection (E) on or before July 1, 1999, the
7    person is a sexual predator for whom registration is
8    required only when the person is convicted of a felony
9    offense after July 1, 2011, and paragraph (2.1) of
10    subsection (c) of Section 3 of this Act applies.
11    (E-5) As used in this Article, "sexual predator" also means
12a person convicted of a violation or attempted violation of any
13of the following Sections of the Criminal Code of 1961 or the
14Criminal Code of 2012:
15        (1) Section 9-1 (first degree murder, when the victim
16    was a person under 18 years of age and the defendant was at
17    least 17 years of age at the time of the commission of the
18    offense, provided the offense was sexually motivated as
19    defined in Section 10 of the Sex Offender Management Board
20    Act);
21        (2) Section 11-9.5 (sexual misconduct with a person
22    with a disability);
23        (3) when the victim is a person under 18 years of age,
24    the defendant is not a parent of the victim, the offense
25    was sexually motivated as defined in Section 10 of the Sex
26    Offender Management Board Act, and the offense was

 

 

SB2974- 51 -LRB100 18288 MRW 33492 b

1    committed on or after January 1, 1996: (A) Section 10-1
2    (kidnapping), (B) Section 10-2 (aggravated kidnapping),
3    (C) Section 10-3 (unlawful restraint), and (D) Section
4    10-3.1 (aggravated unlawful restraint); and
5        (4) Section 10-5(b)(10) (child abduction committed by
6    luring or attempting to lure a child under the age of 16
7    into a motor vehicle, building, house trailer, or dwelling
8    place without the consent of the parent or lawful custodian
9    of the child for other than a lawful purpose and the
10    offense was committed on or after January 1, 1998, provided
11    the offense was sexually motivated as defined in Section 10
12    of the Sex Offender Management Board Act).
13    (E-10) As used in this Article, "sexual predator" also
14means a person required to register in another State due to a
15conviction, adjudication or other action of any court
16triggering an obligation to register as a sex offender, sexual
17predator, or substantially similar status under the laws of
18that State.
19    (F) As used in this Article, "out-of-state student" means
20any sex offender, as defined in this Section, or sexual
21predator who is enrolled in Illinois, on a full-time or
22part-time basis, in any public or private educational
23institution, including, but not limited to, any secondary
24school, trade or professional institution, or institution of
25higher learning.
26    (G) As used in this Article, "out-of-state employee" means

 

 

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1any sex offender, as defined in this Section, or sexual
2predator who works in Illinois, regardless of whether the
3individual receives payment for services performed, for a
4period of time of 10 or more days or for an aggregate period of
5time of 30 or more days during any calendar year. Persons who
6operate motor vehicles in the State accrue one day of
7employment time for any portion of a day spent in Illinois.
8    (H) As used in this Article, "school" means any public or
9private educational institution, including, but not limited
10to, any elementary or secondary school, trade or professional
11institution, or institution of higher education.
12    (I) As used in this Article, "fixed residence" means any
13and all places that a sex offender resides for an aggregate
14period of time of 5 or more days in a calendar year.
15    (J) As used in this Article, "Internet protocol address"
16means the string of numbers by which a location on the Internet
17is identified by routers or other computers connected to the
18Internet.
19(Source: P.A. 100-428, eff. 1-1-18.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

SB2974- 53 -LRB100 18288 MRW 33492 b

1Public Act.