Illinois General Assembly - Full Text of HB5490
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Full Text of HB5490  102nd General Assembly

HB5490 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5490

 

Introduced 1/31/2022, by Rep. Lindsey LaPointe

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Criminal Code of 2012. Provides that when the victim is under 18 years of age at the time of the offense or a person with a disability, a prosecution for grooming may be commenced within 10 years after the discovery of such an offense by a person or agency having the legal duty to report the offense or in the absence of such discovery, within 10 years after the proper prosecuting officer becomes aware of the offense. In the definition provisions of the Sex Offenses Article of the Code, includes "sibling" in the definition of "family member" and includes in the definition of "unconscious of the nature of the act", incapable of resisting because the victim was asleep, unconscious, or surprised such that the victim could not give voluntary, intelligent, and knowing agreement to the sexual act. In the definition of "family member" deletes provision that if the victim is a child under 18 years of age, an accused must have resided in the household with the child continuously for at least 6 months. Provides that a person also commits grooming when he or she knowingly engages in a pattern of conduct that entices, persuades, induces, or coerces a child to engage or participate in criminal sexual activity or is for the purpose of sexual gratification or arousal of the victim, the accused, or another. Increases the penalty for grooming from a Class 4 to a Class 3 felony. Changes references in the Code from "child pornography" to "child sexual abuse images". Defines "pattern" and "sexual activity". Amends the Code of Criminal Procedure of 1963. Provides that the court may set any conditions it finds just and appropriate on the taking of testimony of a victim or witness who is under 18 years of age or an intellectually disabled person or a person affected by a developmental disability (rather than a victim who is a child under the age of 18 years or a moderately, severely, or profoundly intellectually disabled person or a person affected by a developmental disability), involving the use of a facility dog in any criminal proceeding (rather than in a prosecution of criminal sexual assault, predatory criminal sexual assault of a child, aggravated criminal sexual assault, criminal sexual abuse, aggravated criminal sexual abuse, or any violent crime). Makes changes concerning the admissibility of evidence in prosecutions for involuntary servitude, involuntary sexual servitude of a minor, or trafficking in persons.


LRB102 25922 RLC 35294 b

 

 

A BILL FOR

 

HB5490LRB102 25922 RLC 35294 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 Criminal Code of 2012 is amended by
5changing Sections 3-5, 3-6, 11-0.1, 11-9.3, 11-20.1, 11-20.2,
611-23, 11-25, 14-3, 26-4, and 36-1 as follows:
 
7    (720 ILCS 5/3-5)  (from Ch. 38, par. 3-5)
8    Sec. 3-5. General limitations.
9    (a) A prosecution for: (1) first degree murder, attempt to
10commit first degree murder, second degree murder, involuntary
11manslaughter, reckless homicide, a violation of subparagraph
12(F) of paragraph (1) of subsection (d) of Section 11-501 of the
13Illinois Vehicle Code for the offense of aggravated driving
14under the influence of alcohol, other drug or drugs, or
15intoxicating compound or compounds, or any combination thereof
16when the violation was a proximate cause of a death, leaving
17the scene of a motor vehicle accident involving death or
18personal injuries under Section 11-401 of the Illinois Vehicle
19Code, failing to give information and render aid under Section
2011-403 of the Illinois Vehicle Code, concealment of homicidal
21death, treason, arson, residential arson, aggravated arson,
22forgery, child sexual abuse images pornography under paragraph
23(1) of subsection (a) of Section 11-20.1, or aggravated child

 

 

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1sexual abuse images pornography under paragraph (1) of
2subsection (a) of Section 11-20.1B, or (2) any offense
3involving sexual conduct or sexual penetration, as defined by
4Section 11-0.1 of this Code may be commenced at any time.
5    (a-5) A prosecution for theft of property exceeding
6$100,000 in value under Section 16-1, identity theft under
7subsection (a) of Section 16-30, aggravated identity theft
8under subsection (b) of Section 16-30, financial exploitation
9of an elderly person or a person with a disability under
10Section 17-56; theft by deception of a victim 60 years of age
11or older or a person with a disability under Section 16-1; or
12any offense set forth in Article 16H or Section 17-10.6 may be
13commenced within 7 years of the last act committed in
14furtherance of the crime.
15    (b) Unless the statute describing the offense provides
16otherwise, or the period of limitation is extended by Section
173-6, a prosecution for any offense not designated in
18subsection (a) or (a-5) must be commenced within 3 years after
19the commission of the offense if it is a felony, or within one
20year and 6 months after its commission if it is a misdemeanor.
21(Source: P.A. 101-130, eff. 1-1-20; 102-244, eff. 1-1-22.)
 
22    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
23    Sec. 3-6. Extended limitations. The period within which a
24prosecution must be commenced under the provisions of Section
253-5 or other applicable statute is extended under the

 

 

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1following conditions:
2    (a) A prosecution for theft involving a breach of a
3fiduciary obligation to the aggrieved person may be commenced
4as follows:
5        (1) If the aggrieved person is a minor or a person
6    under legal disability, then during the minority or legal
7    disability or within one year after the termination
8    thereof.
9        (2) In any other instance, within one year after the
10    discovery of the offense by an aggrieved person, or by a
11    person who has legal capacity to represent an aggrieved
12    person or has a legal duty to report the offense, and is
13    not himself or herself a party to the offense; or in the
14    absence of such discovery, within one year after the
15    proper prosecuting officer becomes aware of the offense.
16    However, in no such case is the period of limitation so
17    extended more than 3 years beyond the expiration of the
18    period otherwise applicable.
19    (b) A prosecution for any offense based upon misconduct in
20office by a public officer or employee may be commenced within
21one year after discovery of the offense by a person having a
22legal duty to report such offense, or in the absence of such
23discovery, within one year after the proper prosecuting
24officer becomes aware of the offense. However, in no such case
25is the period of limitation so extended more than 3 years
26beyond the expiration of the period otherwise applicable.

 

 

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1    (b-5) When the victim is under 18 years of age at the time
2of the offense, a prosecution for involuntary servitude,
3involuntary sexual servitude of a minor, or trafficking in
4persons and related offenses under Section 10-9 of this Code
5may be commenced within 25 years of the victim attaining the
6age of 18 years.
7    (b-6) When the victim is 18 years of age or over at the
8time of the offense, a prosecution for involuntary servitude,
9involuntary sexual servitude of a minor, or trafficking in
10persons and related offenses under Section 10-9 of this Code
11may be commenced within 25 years after the commission of the
12offense.
13    (b-7) When the victim is under 18 years of age at the time
14of the offense, a prosecution for female genital mutilation
15may be commenced at any time.
16    (b-8) When the victim is under 18 years of age at the time
17of the offense or a person with a disability, a prosecution for
18grooming may be commenced within 10 years after the discovery
19of such an offense by a person or agency having the legal duty
20to report the offense or in the absence of such discovery,
21within 10 years after the proper prosecuting officer becomes
22aware of the offense.
23    (c) (Blank).
24    (d) A prosecution for child sexual abuse images
25pornography, aggravated child sexual abuse images pornography,
26indecent solicitation of a child, soliciting for a juvenile

 

 

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1prostitute, juvenile pimping, exploitation of a child, or
2promoting juvenile prostitution except for keeping a place of
3juvenile prostitution may be commenced within one year of the
4victim attaining the age of 18 years. However, in no such case
5shall the time period for prosecution expire sooner than 3
6years after the commission of the offense.
7    (e) Except as otherwise provided in subdivision (j), a
8prosecution for any offense involving sexual conduct or sexual
9penetration, as defined in Section 11-0.1 of this Code, where
10the defendant was within a professional or fiduciary
11relationship or a purported professional or fiduciary
12relationship with the victim at the time of the commission of
13the offense may be commenced within one year after the
14discovery of the offense by the victim.
15    (f) A prosecution for any offense set forth in Section 44
16of the Environmental Protection Act may be commenced within 5
17years after the discovery of such an offense by a person or
18agency having the legal duty to report the offense or in the
19absence of such discovery, within 5 years after the proper
20prosecuting officer becomes aware of the offense.
21    (f-5) A prosecution for any offense set forth in Section
2216-30 of this Code may be commenced within 5 years after the
23discovery of the offense by the victim of that offense.
24    (g) (Blank).
25    (h) (Blank).
26    (i) Except as otherwise provided in subdivision (j), a

 

 

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1prosecution for criminal sexual assault, aggravated criminal
2sexual assault, or aggravated criminal sexual abuse may be
3commenced at any time. If the victim consented to the
4collection of evidence using an Illinois State Police Sexual
5Assault Evidence Collection Kit under the Sexual Assault
6Survivors Emergency Treatment Act, it shall constitute
7reporting for purposes of this Section.
8    Nothing in this subdivision (i) shall be construed to
9shorten a period within which a prosecution must be commenced
10under any other provision of this Section.
11    (i-5) A prosecution for armed robbery, home invasion,
12kidnapping, or aggravated kidnaping may be commenced within 10
13years of the commission of the offense if it arises out of the
14same course of conduct and meets the criteria under one of the
15offenses in subsection (i) of this Section.
16    (j) (1) When the victim is under 18 years of age at the
17time of the offense, a prosecution for criminal sexual
18assault, aggravated criminal sexual assault, predatory
19criminal sexual assault of a child, aggravated criminal sexual
20abuse, felony criminal sexual abuse, or female genital
21mutilation may be commenced at any time.
22    (2) When in circumstances other than as described in
23paragraph (1) of this subsection (j), when the victim is under
2418 years of age at the time of the offense, a prosecution for
25failure of a person who is required to report an alleged or
26suspected commission of criminal sexual assault, aggravated

 

 

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1criminal sexual assault, predatory criminal sexual assault of
2a child, aggravated criminal sexual abuse, or felony criminal
3sexual abuse under the Abused and Neglected Child Reporting
4Act may be commenced within 20 years after the child victim
5attains 18 years of age.
6    (3) When the victim is under 18 years of age at the time of
7the offense, a prosecution for misdemeanor criminal sexual
8abuse may be commenced within 10 years after the child victim
9attains 18 years of age.
10    (4) Nothing in this subdivision (j) shall be construed to
11shorten a period within which a prosecution must be commenced
12under any other provision of this Section.
13    (j-5) A prosecution for armed robbery, home invasion,
14kidnapping, or aggravated kidnaping may be commenced at any
15time if it arises out of the same course of conduct and meets
16the criteria under one of the offenses in subsection (j) of
17this Section.
18    (k) (Blank).
19    (l) A prosecution for any offense set forth in Section
2026-4 of this Code may be commenced within one year after the
21discovery of the offense by the victim of that offense.
22    (l-5) A prosecution for any offense involving sexual
23conduct or sexual penetration, as defined in Section 11-0.1 of
24this Code, in which the victim was 18 years of age or older at
25the time of the offense, may be commenced within one year after
26the discovery of the offense by the victim when corroborating

 

 

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1physical evidence is available. The charging document shall
2state that the statute of limitations is extended under this
3subsection (l-5) and shall state the circumstances justifying
4the extension. Nothing in this subsection (l-5) shall be
5construed to shorten a period within which a prosecution must
6be commenced under any other provision of this Section or
7Section 3-5 of this Code.
8    (m) The prosecution shall not be required to prove at
9trial facts which extend the general limitations in Section
103-5 of this Code when the facts supporting extension of the
11period of general limitations are properly pled in the
12charging document. Any challenge relating to the extension of
13the general limitations period as defined in this Section
14shall be exclusively conducted under Section 114-1 of the Code
15of Criminal Procedure of 1963.
16    (n) A prosecution for any offense set forth in subsection
17(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
18Illinois Public Aid Code, in which the total amount of money
19involved is $5,000 or more, including the monetary value of
20food stamps and the value of commodities under Section 16-1 of
21this Code may be commenced within 5 years of the last act
22committed in furtherance of the offense.
23(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
24101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
258-20-21.)
 

 

 

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1    (720 ILCS 5/11-0.1)
2    Sec. 11-0.1. Definitions. In this Article, unless the
3context clearly requires otherwise, the following terms are
4defined as indicated:
5    "Accused" means a person accused of an offense prohibited
6by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of
7this Code or a person for whose conduct the accused is legally
8responsible under Article 5 of this Code.
9    "Adult obscenity or child sexual abuse images pornography
10Internet site". See Section 11-23.
11    "Advance prostitution" means:
12        (1) Soliciting for a prostitute by performing any of
13    the following acts when acting other than as a prostitute
14    or a patron of a prostitute:
15            (A) Soliciting another for the purpose of
16        prostitution.
17            (B) Arranging or offering to arrange a meeting of
18        persons for the purpose of prostitution.
19            (C) Directing another to a place knowing the
20        direction is for the purpose of prostitution.
21        (2) Keeping a place of prostitution by controlling or
22    exercising control over the use of any place that could
23    offer seclusion or shelter for the practice of
24    prostitution and performing any of the following acts when
25    acting other than as a prostitute or a patron of a
26    prostitute:

 

 

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1            (A) Knowingly granting or permitting the use of
2        the place for the purpose of prostitution.
3            (B) Granting or permitting the use of the place
4        under circumstances from which he or she could
5        reasonably know that the place is used or is to be used
6        for purposes of prostitution.
7            (C) Permitting the continued use of the place
8        after becoming aware of facts or circumstances from
9        which he or she should reasonably know that the place
10        is being used for purposes of prostitution.
11    "Agency". See Section 11-9.5.
12    "Arranges". See Section 11-6.5.
13    "Bodily harm" means physical harm, and includes, but is
14not limited to, sexually transmitted disease, pregnancy, and
15impotence.
16    "Care and custody". See Section 11-9.5.
17    "Child care institution". See Section 11-9.3.
18    "Child sexual abuse images pornography". See Section
1911-20.1.
20    "Child sex offender". See Section 11-9.3.
21    "Community agency". See Section 11-9.5.
22    "Conditional release". See Section 11-9.2.
23    "Consent" means a freely given agreement to the act of
24sexual penetration or sexual conduct in question. Lack of
25verbal or physical resistance or submission by the victim
26resulting from the use of force or threat of force by the

 

 

HB5490- 11 -LRB102 25922 RLC 35294 b

1accused shall not constitute consent. The manner of dress of
2the victim at the time of the offense shall not constitute
3consent.
4    "Custody". See Section 11-9.2.
5    "Day care center". See Section 11-9.3.
6    "Depict by computer". See Section 11-20.1.
7    "Depiction by computer". See Section 11-20.1.
8    "Disseminate". See Section 11-20.1.
9    "Distribute". See Section 11-21.
10    "Family member" means a parent, grandparent, child,
11sibling, aunt, uncle, great-aunt, or great-uncle, whether by
12whole blood, half-blood, or adoption, and includes a
13step-grandparent, step-parent, or step-child. "Family member"
14also means, if the victim is a child under 18 years of age, an
15accused who has resided in the household with the child
16continuously for at least 6 months.
17    "Force or threat of force" means the use of force or
18violence or the threat of force or violence, including, but
19not limited to, the following situations:
20        (1) when the accused threatens to use force or
21    violence on the victim or on any other person, and the
22    victim under the circumstances reasonably believes that
23    the accused has the ability to execute that threat; or
24        (2) when the accused overcomes the victim by use of
25    superior strength or size, physical restraint, or physical
26    confinement.

 

 

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1    "Harmful to minors". See Section 11-21.
2    "Loiter". See Section 9.3.
3    "Material". See Section 11-21.
4    "Minor". See Section 11-21.
5    "Nudity". See Section 11-21.
6    "Obscene". See Section 11-20.
7    "Part day child care facility". See Section 11-9.3.
8    "Penal system". See Section 11-9.2.
9    "Person responsible for the child's welfare". See Section
1011-9.1A.
11    "Person with a disability". See Section 11-9.5.
12    "Playground". See Section 11-9.3.
13    "Probation officer". See Section 11-9.2.
14    "Produce". See Section 11-20.1.
15    "Profit from prostitution" means, when acting other than
16as a prostitute, to receive anything of value for personally
17rendered prostitution services or to receive anything of value
18from a prostitute, if the thing received is not for lawful
19consideration and the person knows it was earned in whole or in
20part from the practice of prostitution.
21    "Public park". See Section 11-9.3.
22    "Public place". See Section 11-30.
23    "Reproduce". See Section 11-20.1.
24    "Sado-masochistic abuse". See Section 11-21.
25    "School". See Section 11-9.3.
26    "School official". See Section 11-9.3.

 

 

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1    "Sexual abuse". See Section 11-9.1A.
2    "Sexual act". See Section 11-9.1.
3    "Sexual conduct" means any knowing touching or fondling by
4the victim or the accused, either directly or through
5clothing, of the sex organs, anus, or breast of the victim or
6the accused, or any part of the body of a child under 13 years
7of age, or any transfer or transmission of semen by the accused
8upon any part of the clothed or unclothed body of the victim,
9for the purpose of sexual gratification or arousal of the
10victim or the accused.
11    "Sexual excitement". See Section 11-21.
12    "Sexual penetration" means any contact, however slight,
13between the sex organ or anus of one person and an object or
14the sex organ, mouth, or anus of another person, or any
15intrusion, however slight, of any part of the body of one
16person or of any animal or object into the sex organ or anus of
17another person, including, but not limited to, cunnilingus,
18fellatio, or anal penetration. Evidence of emission of semen
19is not required to prove sexual penetration.
20    "Solicit". See Section 11-6.
21    "State-operated facility". See Section 11-9.5.
22    "Supervising officer". See Section 11-9.2.
23    "Surveillance agent". See Section 11-9.2.
24    "Treatment and detention facility". See Section 11-9.2.
25    "Unable to give knowing consent" includes when the accused
26administers any intoxicating or anesthetic substance, or any

 

 

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1controlled substance causing the victim to become unconscious
2of the nature of the act and this condition was known, or
3reasonably should have been known by the accused. As used in
4this paragraph, "unconscious of the nature of the act" means
5incapable of resisting because the victim meets any one of the
6following conditions:
7        (1) was unconscious or asleep;
8        (2) was not aware, knowing, perceiving, or cognizant
9    that the act occurred;
10        (3) was not aware, knowing, perceiving, or cognizant
11    of the essential characteristics of the act due to the
12    perpetrator's fraud in fact; or
13        (4) was not aware, knowing, perceiving, or cognizant
14    of the essential characteristics of the act due to the
15    perpetrator's fraudulent representation that the sexual
16    penetration served a professional purpose when it served
17    no professional purpose; or
18        (5) was asleep, unconscious, or surprised such that
19    the victim could not give voluntary, intelligent, and
20    knowing agreement to the sexual act.
21    It is inferred that a victim is unable to give knowing
22consent A victim is presumed "unable to give knowing consent"
23when the victim:
24        (1) is committed to the care and custody or
25    supervision of the Illinois Department of Corrections
26    (IDOC) and the accused is an employee or volunteer who is

 

 

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1    not married to the victim who knows or reasonably should
2    know that the victim is committed to the care and custody
3    or supervision of such department;
4        (2) is committed to or placed with the Department of
5    Children and Family Services (DCFS) and in residential
6    care, and the accused employee is not married to the
7    victim, and knows or reasonably should know that the
8    victim is committed to or placed with DCFS and in
9    residential care;
10        (3) is a client or patient and the accused is a health
11    care provider or mental health care provider and the
12    sexual conduct or sexual penetration occurs during a
13    treatment session, consultation, interview, or
14    examination;
15        (4) is a resident or inpatient of a residential
16    facility and the accused is an employee of the facility
17    who is not married to such resident or inpatient who
18    provides direct care services, case management services,
19    medical or other clinical services, habilitative services
20    or direct supervision of the residents in the facility in
21    which the resident resides; or an officer or other
22    employee, consultant, contractor or volunteer of the
23    residential facility, who knows or reasonably should know
24    that the person is a resident of such facility; or
25        (5) is detained or otherwise in the custody of a
26    police officer, peace officer, or other law enforcement

 

 

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1    official who: (i) is detaining or maintaining custody of
2    such person; or (ii) knows, or reasonably should know,
3    that at the time of the offense, such person was detained
4    or in custody and the police officer, peace officer, or
5    other law enforcement official is not married to such
6    detainee.
7    "Victim" means a person alleging to have been subjected to
8an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
911-1.50, or 11-1.60 of this Code.
10(Source: P.A. 102-567, eff. 1-1-22.)
 
11    (720 ILCS 5/11-9.3)
12    Sec. 11-9.3. Presence within school zone by child sex
13offenders prohibited; approaching, contacting, residing with,
14or communicating with a child within certain places by child
15sex offenders prohibited.
16    (a) It is unlawful for a child sex offender to knowingly be
17present in any school building, on real property comprising
18any school, or in any conveyance owned, leased, or contracted
19by a school to transport students to or from school or a school
20related activity when persons under the age of 18 are present
21in the building, on the grounds or in the conveyance, unless
22the offender is a parent or guardian of a student attending the
23school and the parent or guardian is: (i) attending a
24conference at the school with school personnel to discuss the
25progress of his or her child academically or socially, (ii)

 

 

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1participating in child review conferences in which evaluation
2and placement decisions may be made with respect to his or her
3child regarding 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
7unless the offender has permission to be present from the
8superintendent or the school board or in the case of a private
9school from the principal. In the case of a public school, if
10permission is granted, the superintendent or school board
11president must inform the principal of the school where the
12sex offender will be present. Notification includes the nature
13of the sex offender's visit and the hours in which the sex
14offender will be present in the school. The sex offender is
15responsible for notifying the principal's office when he or
16she arrives on school property and when he or she departs from
17school property. If the sex offender is to be present in the
18vicinity of children, the sex offender has the duty to remain
19under the direct supervision of a school official.
20    (a-5) It is unlawful for a child sex offender to knowingly
21be present within 100 feet of a site posted as a pick-up or
22discharge stop for a conveyance owned, leased, or contracted
23by a school to transport students to or from school or a school
24related activity when one or more persons under the age of 18
25are present at the site.
26    (a-10) It is unlawful for a child sex offender to

 

 

HB5490- 18 -LRB102 25922 RLC 35294 b

1knowingly be present in any public park building, a playground
2or recreation area within any publicly accessible privately
3owned building, or on real property comprising any public park
4when persons under the age of 18 are present in the building or
5on the grounds and to approach, contact, or communicate with a
6child under 18 years of age, unless the offender is a parent or
7guardian of a person under 18 years of age present in the
8building or on the grounds.
9    (b) It is unlawful for a child sex offender to knowingly
10loiter within 500 feet of a school building or real property
11comprising any school while persons under the age of 18 are
12present in the building or on the grounds, unless the offender
13is a parent or guardian of a student attending the school and
14the parent or guardian is: (i) attending a conference at the
15school with school personnel to discuss the progress of his or
16her child academically or socially, (ii) participating in
17child review conferences in which evaluation and placement
18decisions may be made with respect to his or her child
19regarding special education services, or (iii) attending
20conferences to discuss other student issues concerning his or
21her child such as retention and promotion and notifies the
22principal of the school of his or her presence at the school or
23has permission to be present from the superintendent or the
24school board or in the case of a private school from the
25principal. In the case of a public school, if permission is
26granted, the superintendent or school board president must

 

 

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1inform the principal of the school where the sex offender will
2be present. Notification includes the nature of the sex
3offender's visit and the hours in which the sex offender will
4be present in the school. The sex offender is responsible for
5notifying the principal's office when he or she arrives on
6school property and when he or she departs from school
7property. If the sex offender is to be present in the vicinity
8of children, the sex offender has the duty to remain under the
9direct supervision of a school official.
10    (b-2) It is unlawful for a child sex offender to knowingly
11loiter on a public way within 500 feet of a public park
12building or real property comprising any public park while
13persons under the age of 18 are present in the building or on
14the grounds and to approach, contact, or communicate with a
15child under 18 years of age, unless the offender is a parent or
16guardian of a person under 18 years of age present in the
17building or on the grounds.
18    (b-5) It is unlawful for a child sex offender to knowingly
19reside within 500 feet of a school building or the real
20property comprising any school that persons under the age of
2118 attend. Nothing in this subsection (b-5) prohibits a child
22sex offender from residing within 500 feet of a school
23building or the real property comprising any school that
24persons under 18 attend if the property is owned by the child
25sex offender and was purchased before July 7, 2000 (the
26effective date of Public Act 91-911).

 

 

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1    (b-10) It is unlawful for a child sex offender to
2knowingly reside within 500 feet of a playground, child care
3institution, day care center, part day child care facility,
4day care home, group day care home, or a facility providing
5programs or services exclusively directed toward persons under
618 years of age. Nothing in this subsection (b-10) prohibits a
7child sex offender from residing within 500 feet of a
8playground or a facility providing programs or services
9exclusively directed toward persons under 18 years of age if
10the property is owned by the child sex offender and was
11purchased before July 7, 2000. Nothing in this subsection
12(b-10) prohibits a child sex offender from residing within 500
13feet of a child care institution, day care center, or part day
14child care facility if the property is owned by the child sex
15offender and was purchased before June 26, 2006. Nothing in
16this subsection (b-10) prohibits a child sex offender from
17residing within 500 feet of a day care home or group day care
18home if the property is owned by the child sex offender and was
19purchased before August 14, 2008 (the effective date of Public
20Act 95-821).
21    (b-15) It is unlawful for a child sex offender to
22knowingly reside within 500 feet of the victim of the sex
23offense. Nothing in this subsection (b-15) prohibits a child
24sex offender from residing within 500 feet of the victim if the
25property in which the child sex offender resides is owned by
26the child sex offender and was purchased before August 22,

 

 

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12002.
2    This subsection (b-15) does not apply if the victim of the
3sex offense is 21 years of age or older.
4    (b-20) It is unlawful for a child sex offender to
5knowingly communicate, other than for a lawful purpose under
6Illinois law, using the Internet or any other digital media,
7with a person under 18 years of age or with a person whom he or
8she believes to be a person under 18 years of age, unless the
9offender is a parent or guardian of the person under 18 years
10of age.
11    (c) It is unlawful for a child sex offender to knowingly
12operate, manage, be employed by, volunteer at, be associated
13with, or knowingly be present at any: (i) facility providing
14programs or services exclusively directed toward persons under
15the age of 18; (ii) day care center; (iii) part day child care
16facility; (iv) child care institution; (v) school providing
17before and after school programs for children under 18 years
18of age; (vi) day care home; or (vii) group day care home. This
19does not prohibit a child sex offender from owning the real
20property upon which the programs or services are offered or
21upon which the day care center, part day child care facility,
22child care institution, or school providing before and after
23school programs for children under 18 years of age is located,
24provided the child sex offender refrains from being present on
25the premises for the hours during which: (1) the programs or
26services are being offered or (2) the day care center, part day

 

 

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1child care facility, child care institution, or school
2providing before and after school programs for children under
318 years of age, day care home, or group day care home is
4operated.
5    (c-2) It is unlawful for a child sex offender to
6participate in a holiday event involving children under 18
7years of age, including but not limited to distributing candy
8or other items to children on Halloween, wearing a Santa Claus
9costume on or preceding Christmas, being employed as a
10department store Santa Claus, or wearing an Easter Bunny
11costume on or preceding Easter. For the purposes of this
12subsection, child sex offender has the meaning as defined in
13this Section, but does not include as a sex offense under
14paragraph (2) of subsection (d) of this Section, the offense
15under subsection (c) of Section 11-1.50 of this Code. This
16subsection does not apply to a child sex offender who is a
17parent or guardian of children under 18 years of age that are
18present in the home and other non-familial minors are not
19present.
20    (c-5) It is unlawful for a child sex offender to knowingly
21operate, manage, be employed by, or be associated with any
22county fair when persons under the age of 18 are present.
23    (c-6) It is unlawful for a child sex offender who owns and
24resides at residential real estate to knowingly rent any
25residential unit within the same building in which he or she
26resides to a person who is the parent or guardian of a child or

 

 

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1children under 18 years of age. This subsection shall apply
2only to leases or other rental arrangements entered into after
3January 1, 2009 (the effective date of Public Act 95-820).
4    (c-7) It is unlawful for a child sex offender to knowingly
5offer or provide any programs or services to persons under 18
6years of age in his or her residence or the residence of
7another or in any facility for the purpose of offering or
8providing such programs or services, whether such programs or
9services are offered or provided by contract, agreement,
10arrangement, or on a volunteer basis.
11    (c-8) It is unlawful for a child sex offender to knowingly
12operate, whether authorized to do so or not, any of the
13following vehicles: (1) a vehicle which is specifically
14designed, constructed or modified and equipped to be used for
15the retail sale of food or beverages, including but not
16limited to an ice cream truck; (2) an authorized emergency
17vehicle; or (3) a rescue vehicle.
18    (d) Definitions. In this Section:
19        (1) "Child sex offender" means any person who:
20            (i) has been charged under Illinois law, or any
21        substantially similar federal law or law of another
22        state, with a sex offense set forth in paragraph (2) of
23        this subsection (d) or the attempt to commit an
24        included sex offense, and the victim is a person under
25        18 years of age at the time of the offense; and:
26                (A) is convicted of such offense or an attempt

 

 

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1            to commit such offense; or
2                (B) is found not guilty by reason of insanity
3            of such offense or an attempt to commit such
4            offense; or
5                (C) is found not guilty by reason of insanity
6            pursuant to subsection (c) of Section 104-25 of
7            the Code of Criminal Procedure of 1963 of such
8            offense or an attempt to commit such offense; or
9                (D) is the subject of a finding not resulting
10            in an acquittal at a hearing conducted pursuant to
11            subsection (a) of Section 104-25 of the Code of
12            Criminal Procedure of 1963 for the alleged
13            commission or attempted commission of such
14            offense; or
15                (E) is found not guilty by reason of insanity
16            following a hearing conducted pursuant to a
17            federal law or the law of another state
18            substantially similar to subsection (c) of Section
19            104-25 of the Code of Criminal Procedure of 1963
20            of such offense or of the attempted commission of
21            such offense; or
22                (F) is the subject of a finding not resulting
23            in an acquittal at a hearing conducted pursuant to
24            a federal law or the law of another state
25            substantially similar to subsection (a) of Section
26            104-25 of the Code of Criminal Procedure of 1963

 

 

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1            for the alleged violation or attempted commission
2            of such offense; or
3            (ii) is certified as a sexually dangerous person
4        pursuant to the Illinois Sexually Dangerous Persons
5        Act, or any substantially similar federal law or the
6        law of another state, when any conduct giving rise to
7        such certification is committed or attempted against a
8        person less than 18 years of age; or
9            (iii) is subject to the provisions of Section 2 of
10        the Interstate Agreements on Sexually Dangerous
11        Persons Act.
12        Convictions that result from or are connected with the
13    same act, or result from offenses committed at the same
14    time, shall be counted for the purpose of this Section as
15    one conviction. Any conviction set aside pursuant to law
16    is not a conviction for purposes of this Section.
17        (2) Except as otherwise provided in paragraph (2.5),
18    "sex offense" means:
19            (i) A violation of any of the following Sections
20        of the Criminal Code of 1961 or the Criminal Code of
21        2012: 10-4 (forcible detention), 10-7 (aiding or
22        abetting child abduction under Section 10-5(b)(10)),
23        10-5(b)(10) (child luring), 11-1.40 (predatory
24        criminal sexual assault of a child), 11-6 (indecent
25        solicitation of a child), 11-6.5 (indecent
26        solicitation of an adult), 11-9.1 (sexual exploitation

 

 

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1        of a child), 11-9.2 (custodial sexual misconduct),
2        11-9.5 (sexual misconduct with a person with a
3        disability), 11-11 (sexual relations within families),
4        11-14.3(a)(1) (promoting prostitution by advancing
5        prostitution), 11-14.3(a)(2)(A) (promoting
6        prostitution by profiting from prostitution by
7        compelling a person to be a prostitute),
8        11-14.3(a)(2)(C) (promoting prostitution by profiting
9        from prostitution by means other than as described in
10        subparagraphs (A) and (B) of paragraph (2) of
11        subsection (a) of Section 11-14.3), 11-14.4 (promoting
12        juvenile prostitution), 11-18.1 (patronizing a
13        juvenile prostitute), 11-20.1 (child sexual abuse
14        images pornography), 11-20.1B (aggravated child sexual
15        abuse images pornography), 11-21 (harmful material),
16        11-25 (grooming), 11-26 (traveling to meet a minor or
17        traveling to meet a child), 12-33 (ritualized abuse of
18        a child), 11-20 (obscenity) (when that offense was
19        committed in any school, on real property comprising
20        any school, in any conveyance owned, leased, or
21        contracted by a school to transport students to or
22        from school or a school related activity, or in a
23        public park), 11-30 (public indecency) (when committed
24        in a school, on real property comprising a school, in
25        any conveyance owned, leased, or contracted by a
26        school to transport students to or from school or a

 

 

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1        school related activity, or in a public park). An
2        attempt to commit any of these offenses.
3            (ii) A violation of any of the following Sections
4        of the Criminal Code of 1961 or the Criminal Code of
5        2012, when the victim is a person under 18 years of
6        age: 11-1.20 (criminal sexual assault), 11-1.30
7        (aggravated criminal sexual assault), 11-1.50
8        (criminal sexual abuse), 11-1.60 (aggravated criminal
9        sexual abuse). An attempt to commit any of these
10        offenses.
11            (iii) A violation of any of the following Sections
12        of the Criminal Code of 1961 or the Criminal Code of
13        2012, when the victim is a person under 18 years of age
14        and the defendant is not a parent of the victim:
15            10-1 (kidnapping),
16            10-2 (aggravated kidnapping),
17            10-3 (unlawful restraint),
18            10-3.1 (aggravated unlawful restraint),
19            11-9.1(A) (permitting sexual abuse of a child).
20            An attempt to commit any of these offenses.
21            (iv) A violation of any former law of this State
22        substantially equivalent to any offense listed in
23        clause (2)(i) or (2)(ii) of subsection (d) of this
24        Section.
25        (2.5) For the purposes of subsections (b-5) and (b-10)
26    only, a sex offense means:

 

 

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1            (i) A violation of any of the following Sections
2        of the Criminal Code of 1961 or the Criminal Code of
3        2012:
4             10-5(b)(10) (child luring), 10-7 (aiding or
5        abetting child abduction under Section 10-5(b)(10)),
6        11-1.40 (predatory criminal sexual assault of a
7        child), 11-6 (indecent solicitation of a child),
8        11-6.5 (indecent solicitation of an adult), 11-9.2
9        (custodial sexual misconduct), 11-9.5 (sexual
10        misconduct with a person with a disability), 11-11
11        (sexual relations within families), 11-14.3(a)(1)
12        (promoting prostitution by advancing prostitution),
13        11-14.3(a)(2)(A) (promoting prostitution by profiting
14        from prostitution by compelling a person to be a
15        prostitute), 11-14.3(a)(2)(C) (promoting prostitution
16        by profiting from prostitution by means other than as
17        described in subparagraphs (A) and (B) of paragraph
18        (2) of subsection (a) of Section 11-14.3), 11-14.4
19        (promoting juvenile prostitution), 11-18.1
20        (patronizing a juvenile prostitute), 11-20.1 (child
21        sexual abuse images pornography), 11-20.1B (aggravated
22        child sexual abuse images pornography), 11-25
23        (grooming), 11-26 (traveling to meet a minor or
24        traveling to meet a child), or 12-33 (ritualized abuse
25        of a child). An attempt to commit any of these
26        offenses.

 

 

HB5490- 29 -LRB102 25922 RLC 35294 b

1            (ii) A violation of any of the following Sections
2        of the Criminal Code of 1961 or the Criminal Code of
3        2012, when the victim is a person under 18 years of
4        age: 11-1.20 (criminal sexual assault), 11-1.30
5        (aggravated criminal sexual assault), 11-1.60
6        (aggravated criminal sexual abuse), and subsection (a)
7        of Section 11-1.50 (criminal sexual abuse). An attempt
8        to commit any of these offenses.
9            (iii) A violation of any of the following Sections
10        of the Criminal Code of 1961 or the Criminal Code of
11        2012, when the victim is a person under 18 years of age
12        and the defendant is not a parent of the victim:
13            10-1 (kidnapping),
14            10-2 (aggravated kidnapping),
15            10-3 (unlawful restraint),
16            10-3.1 (aggravated unlawful restraint),
17            11-9.1(A) (permitting sexual abuse of a child).
18            An attempt to commit any of these offenses.
19            (iv) A violation of any former law of this State
20        substantially equivalent to any offense listed in this
21        paragraph (2.5) of this subsection.
22        (3) A conviction for an offense of federal law or the
23    law of another state that is substantially equivalent to
24    any offense listed in paragraph (2) of subsection (d) of
25    this Section shall constitute a conviction for the purpose
26    of this Section. A finding or adjudication as a sexually

 

 

HB5490- 30 -LRB102 25922 RLC 35294 b

1    dangerous person under any federal law or law of another
2    state that is substantially equivalent to the Sexually
3    Dangerous Persons Act shall constitute an adjudication for
4    the purposes of this Section.
5        (4) "Authorized emergency vehicle", "rescue vehicle",
6    and "vehicle" have the meanings ascribed to them in
7    Sections 1-105, 1-171.8 and 1-217, respectively, of the
8    Illinois Vehicle Code.
9        (5) "Child care institution" has the meaning ascribed
10    to it in Section 2.06 of the Child Care Act of 1969.
11        (6) "Day care center" has the meaning ascribed to it
12    in Section 2.09 of the Child Care Act of 1969.
13        (7) "Day care home" has the meaning ascribed to it in
14    Section 2.18 of the Child Care Act of 1969.
15        (8) "Facility providing programs or services directed
16    towards persons under the age of 18" means any facility
17    providing programs or services exclusively directed
18    towards persons under the age of 18.
19        (9) "Group day care home" has the meaning ascribed to
20    it in Section 2.20 of the Child Care Act of 1969.
21        (10) "Internet" has the meaning set forth in Section
22    16-0.1 of this Code.
23        (11) "Loiter" means:
24            (i) Standing, sitting idly, whether or not the
25        person is in a vehicle, or remaining in or around
26        school or public park property.

 

 

HB5490- 31 -LRB102 25922 RLC 35294 b

1            (ii) Standing, sitting idly, whether or not the
2        person is in a vehicle, or remaining in or around
3        school or public park property, for the purpose of
4        committing or attempting to commit a sex offense.
5            (iii) Entering or remaining in a building in or
6        around school property, other than the offender's
7        residence.
8        (12) "Part day child care facility" has the meaning
9    ascribed to it in Section 2.10 of the Child Care Act of
10    1969.
11        (13) "Playground" means a piece of land owned or
12    controlled by a unit of local government that is
13    designated by the unit of local government for use solely
14    or primarily for children's recreation.
15        (14) "Public park" includes a park, forest preserve,
16    bikeway, trail, or conservation area under the
17    jurisdiction of the State or a unit of local government.
18        (15) "School" means a public or private preschool or
19    elementary or secondary school.
20        (16) "School official" means the principal, a teacher,
21    or any other certified employee of the school, the
22    superintendent of schools or a member of the school board.
23    (e) For the purposes of this Section, the 500 feet
24distance shall be measured from: (1) the edge of the property
25of the school building or the real property comprising the
26school that is closest to the edge of the property of the child

 

 

HB5490- 32 -LRB102 25922 RLC 35294 b

1sex offender's residence or where he or she is loitering, and
2(2) the edge of the property comprising the public park
3building or the real property comprising the public park,
4playground, child care institution, day care center, part day
5child care facility, or facility providing programs or
6services exclusively directed toward persons under 18 years of
7age, or a victim of the sex offense who is under 21 years of
8age, to the edge of the child sex offender's place of residence
9or place where he or she is loitering.
10    (f) Sentence. A person who violates this Section is guilty
11of a Class 4 felony.
12(Source: P.A. 100-428, eff. 1-1-18.)
 
13    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
14    Sec. 11-20.1. Child sexual abuse images pornography.
15    (a) A person commits child sexual abuse images pornography
16who:
17        (1) films, videotapes, photographs, or otherwise
18    depicts or portrays by means of any similar visual medium
19    or reproduction or depicts by computer any child whom he
20    or she knows or reasonably should know to be under the age
21    of 18 or any person with a severe or profound intellectual
22    disability where such child or person with a severe or
23    profound intellectual disability is:
24            (i) actually or by simulation engaged in any act
25        of sexual penetration or sexual conduct with any

 

 

HB5490- 33 -LRB102 25922 RLC 35294 b

1        person or animal; or
2            (ii) actually or by simulation engaged in any act
3        of sexual penetration or sexual conduct involving the
4        sex organs of the child or person with a severe or
5        profound intellectual disability and the mouth, anus,
6        or sex organs of another person or animal; or which
7        involves the mouth, anus or sex organs of the child or
8        person with a severe or profound intellectual
9        disability and the sex organs of another person or
10        animal; or
11            (iii) actually or by simulation engaged in any act
12        of masturbation; or
13            (iv) actually or by simulation portrayed as being
14        the object of, or otherwise engaged in, any act of lewd
15        fondling, touching, or caressing involving another
16        person or animal; or
17            (v) actually or by simulation engaged in any act
18        of excretion or urination within a sexual context; or
19            (vi) actually or by simulation portrayed or
20        depicted as bound, fettered, or subject to sadistic,
21        masochistic, or sadomasochistic abuse in any sexual
22        context; or
23            (vii) depicted or portrayed in any pose, posture
24        or setting involving a lewd exhibition of the
25        unclothed or transparently clothed genitals, pubic
26        area, buttocks, or, if such person is female, a fully

 

 

HB5490- 34 -LRB102 25922 RLC 35294 b

1        or partially developed breast of the child or other
2        person; or
3        (2) with the knowledge of the nature or content
4    thereof, reproduces, disseminates, offers to disseminate,
5    exhibits or possesses with intent to disseminate any film,
6    videotape, photograph or other similar visual reproduction
7    or depiction by computer of any child or person with a
8    severe or profound intellectual disability whom the person
9    knows or reasonably should know to be under the age of 18
10    or to be a person with a severe or profound intellectual
11    disability, engaged in any activity described in
12    subparagraphs (i) through (vii) of paragraph (1) of this
13    subsection; or
14        (3) with knowledge of the subject matter or theme
15    thereof, produces any stage play, live performance, film,
16    videotape or other similar visual portrayal or depiction
17    by computer which includes a child whom the person knows
18    or reasonably should know to be under the age of 18 or a
19    person with a severe or profound intellectual disability
20    engaged in any activity described in subparagraphs (i)
21    through (vii) of paragraph (1) of this subsection; or
22        (4) solicits, uses, persuades, induces, entices, or
23    coerces any child whom he or she knows or reasonably
24    should know to be under the age of 18 or a person with a
25    severe or profound intellectual disability to appear in
26    any stage play, live presentation, film, videotape,

 

 

HB5490- 35 -LRB102 25922 RLC 35294 b

1    photograph or other similar visual reproduction or
2    depiction by computer in which the child or person with a
3    severe or profound intellectual disability is or will be
4    depicted, actually or by simulation, in any act, pose or
5    setting described in subparagraphs (i) through (vii) of
6    paragraph (1) of this subsection; or
7        (5) is a parent, step-parent, legal guardian or other
8    person having care or custody of a child whom the person
9    knows or reasonably should know to be under the age of 18
10    or a person with a severe or profound intellectual
11    disability and who knowingly permits, induces, promotes,
12    or arranges for such child or person with a severe or
13    profound intellectual disability to appear in any stage
14    play, live performance, film, videotape, photograph or
15    other similar visual presentation, portrayal or simulation
16    or depiction by computer of any act or activity described
17    in subparagraphs (i) through (vii) of paragraph (1) of
18    this subsection; or
19        (6) with knowledge of the nature or content thereof,
20    possesses any film, videotape, photograph or other similar
21    visual reproduction or depiction by computer of any child
22    or person with a severe or profound intellectual
23    disability whom the person knows or reasonably should know
24    to be under the age of 18 or to be a person with a severe
25    or profound intellectual disability, engaged in any
26    activity described in subparagraphs (i) through (vii) of

 

 

HB5490- 36 -LRB102 25922 RLC 35294 b

1    paragraph (1) of this subsection; or
2        (7) solicits, or knowingly uses, persuades, induces,
3    entices, or coerces, a person to provide a child under the
4    age of 18 or a person with a severe or profound
5    intellectual disability to appear in any videotape,
6    photograph, film, stage play, live presentation, or other
7    similar visual reproduction or depiction by computer in
8    which the child or person with a severe or profound
9    intellectual disability will be depicted, actually or by
10    simulation, in any act, pose, or setting described in
11    subparagraphs (i) through (vii) of paragraph (1) of this
12    subsection.
13    (a-5) The possession of each individual film, videotape,
14photograph, or other similar visual reproduction or depiction
15by computer in violation of this Section constitutes a single
16and separate violation. This subsection (a-5) does not apply
17to multiple copies of the same film, videotape, photograph, or
18other similar visual reproduction or depiction by computer
19that are identical to each other.
20    (b)(1) It shall be an affirmative defense to a charge of
21child sexual abuse images pornography that the defendant
22reasonably believed, under all of the circumstances, that the
23child was 18 years of age or older or that the person was not a
24person with a severe or profound intellectual disability but
25only where, prior to the act or acts giving rise to a
26prosecution under this Section, he or she took some

 

 

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1affirmative action or made a bonafide inquiry designed to
2ascertain whether the child was 18 years of age or older or
3that the person was not a person with a severe or profound
4intellectual disability and his or her reliance upon the
5information so obtained was clearly reasonable.
6    (1.5) Telecommunications carriers, commercial mobile
7service providers, and providers of information services,
8including, but not limited to, Internet service providers and
9hosting service providers, are not liable under this Section
10by virtue of the transmission, storage, or caching of
11electronic communications or messages of others or by virtue
12of the provision of other related telecommunications,
13commercial mobile services, or information services used by
14others in violation of this Section.
15    (2) (Blank).
16    (3) The charge of child sexual abuse images pornography
17shall not apply to the performance of official duties by law
18enforcement or prosecuting officers or persons employed by law
19enforcement or prosecuting agencies, court personnel or
20attorneys, nor to bonafide treatment or professional education
21programs conducted by licensed physicians, psychologists or
22social workers. In any criminal proceeding, any property or
23material that constitutes child sexual abuse images
24pornography shall remain in the care, custody, and control of
25either the State or the court. A motion to view the evidence
26shall comply with subsection (e-5) of this Section.

 

 

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1    (4) If the defendant possessed more than one of the same
2film, videotape or visual reproduction or depiction by
3computer in which child sexual abuse images pornography is
4depicted, then the trier of fact may infer that the defendant
5possessed such materials with the intent to disseminate them.
6    (5) The charge of child sexual abuse images pornography
7does not apply to a person who does not voluntarily possess a
8film, videotape, or visual reproduction or depiction by
9computer in which child sexual abuse images pornography is
10depicted. Possession is voluntary if the defendant knowingly
11procures or receives a film, videotape, or visual reproduction
12or depiction for a sufficient time to be able to terminate his
13or her possession.
14    (6) Any violation of paragraph (1), (2), (3), (4), (5), or
15(7) of subsection (a) that includes a child engaged in,
16solicited for, depicted in, or posed in any act of sexual
17penetration or bound, fettered, or subject to sadistic,
18masochistic, or sadomasochistic abuse in a sexual context
19shall be deemed a crime of violence.
20    (c) If the violation does not involve a film, videotape,
21or other moving depiction, a violation of paragraph (1), (4),
22(5), or (7) of subsection (a) is a Class 1 felony with a
23mandatory minimum fine of $2,000 and a maximum fine of
24$100,000. If the violation involves a film, videotape, or
25other moving depiction, a violation of paragraph (1), (4),
26(5), or (7) of subsection (a) is a Class X felony with a

 

 

HB5490- 39 -LRB102 25922 RLC 35294 b

1mandatory minimum fine of $2,000 and a maximum fine of
2$100,000. If the violation does not involve a film, videotape,
3or other moving depiction, a violation of paragraph (3) of
4subsection (a) is a Class 1 felony with a mandatory minimum
5fine of $1500 and a maximum fine of $100,000. If the violation
6involves a film, videotape, or other moving depiction, a
7violation of paragraph (3) of subsection (a) is a Class X
8felony with a mandatory minimum fine of $1500 and a maximum
9fine of $100,000. If the violation does not involve a film,
10videotape, or other moving depiction, a violation of paragraph
11(2) of subsection (a) is a Class 1 felony with a mandatory
12minimum fine of $1000 and a maximum fine of $100,000. If the
13violation involves a film, videotape, or other moving
14depiction, a violation of paragraph (2) of subsection (a) is a
15Class X felony with a mandatory minimum fine of $1000 and a
16maximum fine of $100,000. If the violation does not involve a
17film, videotape, or other moving depiction, a violation of
18paragraph (6) of subsection (a) is a Class 3 felony with a
19mandatory minimum fine of $1000 and a maximum fine of
20$100,000. If the violation involves a film, videotape, or
21other moving depiction, a violation of paragraph (6) of
22subsection (a) is a Class 2 felony with a mandatory minimum
23fine of $1000 and a maximum fine of $100,000.
24    (c-5) Where the child depicted is under the age of 13, a
25violation of paragraph (1), (2), (3), (4), (5), or (7) of
26subsection (a) is a Class X felony with a mandatory minimum

 

 

HB5490- 40 -LRB102 25922 RLC 35294 b

1fine of $2,000 and a maximum fine of $100,000. Where the child
2depicted is under the age of 13, a violation of paragraph (6)
3of subsection (a) is a Class 2 felony with a mandatory minimum
4fine of $1,000 and a maximum fine of $100,000. Where the child
5depicted is under the age of 13, a person who commits a
6violation of paragraph (1), (2), (3), (4), (5), or (7) of
7subsection (a) where the defendant has previously been
8convicted under the laws of this State or any other state of
9the offense of child sexual abuse images pornography,
10aggravated child sexual abuse images pornography, aggravated
11criminal sexual abuse, aggravated criminal sexual assault,
12predatory criminal sexual assault of a child, or any of the
13offenses formerly known as rape, deviate sexual assault,
14indecent liberties with a child, or aggravated indecent
15liberties with a child where the victim was under the age of 18
16years or an offense that is substantially equivalent to those
17offenses, is guilty of a Class X felony for which the person
18shall be sentenced to a term of imprisonment of not less than 9
19years with a mandatory minimum fine of $2,000 and a maximum
20fine of $100,000. Where the child depicted is under the age of
2113, a person who commits a violation of paragraph (6) of
22subsection (a) where the defendant has previously been
23convicted under the laws of this State or any other state of
24the offense of child sexual abuse images pornography,
25aggravated child sexual abuse images pornography, aggravated
26criminal sexual abuse, aggravated criminal sexual assault,

 

 

HB5490- 41 -LRB102 25922 RLC 35294 b

1predatory criminal sexual assault of a child, or any of the
2offenses formerly known as rape, deviate sexual assault,
3indecent liberties with a child, or aggravated indecent
4liberties with a child where the victim was under the age of 18
5years or an offense that is substantially equivalent to those
6offenses, is guilty of a Class 1 felony with a mandatory
7minimum fine of $1,000 and a maximum fine of $100,000. The
8issue of whether the child depicted is under the age of 13 is
9an element of the offense to be resolved by the trier of fact.
10    (d) If a person is convicted of a second or subsequent
11violation of this Section within 10 years of a prior
12conviction, the court shall order a presentence psychiatric
13examination of the person. The examiner shall report to the
14court whether treatment of the person is necessary.
15    (e) Any film, videotape, photograph or other similar
16visual reproduction or depiction by computer which includes a
17child under the age of 18 or a person with a severe or profound
18intellectual disability engaged in any activity described in
19subparagraphs (i) through (vii) of or paragraph (1) 1 of
20subsection (a), and any material or equipment used or intended
21for use in photographing, filming, printing, producing,
22reproducing, manufacturing, projecting, exhibiting, depiction
23by computer, or disseminating such material shall be seized
24and forfeited in the manner, method and procedure provided by
25Section 36-1 of this Code for the seizure and forfeiture of
26vessels, vehicles and aircraft.

 

 

HB5490- 42 -LRB102 25922 RLC 35294 b

1    In addition, any person convicted under this Section is
2subject to the property forfeiture provisions set forth in
3Article 124B of the Code of Criminal Procedure of 1963.
4    (e-5) Upon the conclusion of a case brought under this
5Section, the court shall seal all evidence depicting a victim
6or witness that is sexually explicit. The evidence may be
7unsealed and viewed, on a motion of the party seeking to unseal
8and view the evidence, only for good cause shown and in the
9discretion of the court. The motion must expressly set forth
10the purpose for viewing the material. The State's Attorney
11attorney and the victim, if possible, shall be provided
12reasonable notice of the hearing on the motion to unseal the
13evidence. Any person entitled to notice of a hearing under
14this subsection (e-5) may object to the motion.
15    (f) Definitions. For the purposes of this Section:
16        (1) "Disseminate" means (i) to sell, distribute,
17    exchange or transfer possession, whether with or without
18    consideration or (ii) to make a depiction by computer
19    available for distribution or downloading through the
20    facilities of any telecommunications network or through
21    any other means of transferring computer programs or data
22    to a computer.
23        (2) "Produce" means to direct, promote, advertise,
24    publish, manufacture, issue, present or show.
25        (3) "Reproduce" means to make a duplication or copy.
26        (4) "Depict by computer" means to generate or create,

 

 

HB5490- 43 -LRB102 25922 RLC 35294 b

1    or cause to be created or generated, a computer program or
2    data that, after being processed by a computer either
3    alone or in conjunction with one or more computer
4    programs, results in a visual depiction on a computer
5    monitor, screen, or display.
6        (5) "Depiction by computer" means a computer program
7    or data that, after being processed by a computer either
8    alone or in conjunction with one or more computer
9    programs, results in a visual depiction on a computer
10    monitor, screen, or display.
11        (6) "Computer", "computer program", and "data" have
12    the meanings ascribed to them in Section 17.05 of this
13    Code.
14        (7) For the purposes of this Section, "child sexual
15    abuse images pornography" includes a film, videotape,
16    photograph, or other similar visual medium or reproduction
17    or depiction by computer that is, or appears to be, that of
18    a person, either in part, or in total, under the age of 18
19    or a person with a severe or profound intellectual
20    disability, regardless of the method by which the film,
21    videotape, photograph, or other similar visual medium or
22    reproduction or depiction by computer is created, adopted,
23    or modified to appear as such. "Child sexual abuse images
24    pornography" also includes a film, videotape, photograph,
25    or other similar visual medium or reproduction or
26    depiction by computer that is advertised, promoted,

 

 

HB5490- 44 -LRB102 25922 RLC 35294 b

1    presented, described, or distributed in such a manner that
2    conveys the impression that the film, videotape,
3    photograph, or other similar visual medium or reproduction
4    or depiction by computer is of a person under the age of 18
5    or a person with a severe or profound intellectual
6    disability.
7    (g) Re-enactment; findings; purposes.
8        (1) The General Assembly finds and declares that:
9            (i) Section 50-5 of Public Act 88-680, effective
10        January 1, 1995, contained provisions amending the
11        child pornography statute, Section 11-20.1 of the
12        Criminal Code of 1961. Section 50-5 also contained
13        other provisions.
14            (ii) In addition, Public Act 88-680 was entitled
15        "AN ACT to create a Safe Neighborhoods Law". (A)
16        Article 5 was entitled JUVENILE JUSTICE and amended
17        the Juvenile Court Act of 1987. (B) Article 15 was
18        entitled GANGS and amended various provisions of the
19        Criminal Code of 1961 and the Unified Code of
20        Corrections. (C) Article 20 was entitled ALCOHOL ABUSE
21        and amended various provisions of the Illinois Vehicle
22        Code. (D) Article 25 was entitled DRUG ABUSE and
23        amended the Cannabis Control Act and the Illinois
24        Controlled Substances Act. (E) Article 30 was entitled
25        FIREARMS and amended the Criminal Code of 1961 and the
26        Code of Criminal Procedure of 1963. (F) Article 35

 

 

HB5490- 45 -LRB102 25922 RLC 35294 b

1        amended the Criminal Code of 1961, the Rights of Crime
2        Victims and Witnesses Act, and the Unified Code of
3        Corrections. (G) Article 40 amended the Criminal Code
4        of 1961 to increase the penalty for compelling
5        organization membership of persons. (H) Article 45
6        created the Secure Residential Youth Care Facility
7        Licensing Act and amended the State Finance Act, the
8        Juvenile Court Act of 1987, the Unified Code of
9        Corrections, and the Private Correctional Facility
10        Moratorium Act. (I) Article 50 amended the WIC Vendor
11        Management Act, the Firearm Owners Identification Card
12        Act, the Juvenile Court Act of 1987, the Criminal Code
13        of 1961, the Wrongs to Children Act, and the Unified
14        Code of Corrections.
15            (iii) On September 22, 1998, the Third District
16        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
17        ruled that Public Act 88-680 violates the single
18        subject clause of the Illinois Constitution (Article
19        IV, Section 8 (d)) and was unconstitutional in its
20        entirety. As of the time this amendatory Act of 1999
21        was prepared, People v. Dainty was still subject to
22        appeal.
23            (iv) Child pornography is a vital concern to the
24        people of this State and the validity of future
25        prosecutions under the child pornography statute of
26        the Criminal Code of 1961 is in grave doubt.

 

 

HB5490- 46 -LRB102 25922 RLC 35294 b

1        (2) It is the purpose of this amendatory Act of 1999 to
2    prevent or minimize any problems relating to prosecutions
3    for child pornography that may result from challenges to
4    the constitutional validity of Public Act 88-680 by
5    re-enacting the Section relating to child pornography that
6    was included in Public Act 88-680.
7        (3) This amendatory Act of 1999 re-enacts Section
8    11-20.1 of the Criminal Code of 1961, as it has been
9    amended. This re-enactment is intended to remove any
10    question as to the validity or content of that Section; it
11    is not intended to supersede any other Public Act that
12    amends the text of the Section as set forth in this
13    amendatory Act of 1999. The material is shown as existing
14    text (i.e., without underscoring) because, as of the time
15    this amendatory Act of 1999 was prepared, People v. Dainty
16    was subject to appeal to the Illinois Supreme Court.
17        (4) The re-enactment by this amendatory Act of 1999 of
18    Section 11-20.1 of the Criminal Code of 1961 relating to
19    child pornography that was amended by Public Act 88-680 is
20    not intended, and shall not be construed, to imply that
21    Public Act 88-680 is invalid or to limit or impair any
22    legal argument concerning whether those provisions were
23    substantially re-enacted by other Public Acts.
24(Source: P.A. 101-87, eff. 1-1-20; 102-567, eff. 1-1-22.)
 
25    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)

 

 

HB5490- 47 -LRB102 25922 RLC 35294 b

1    Sec. 11-20.2. Duty of commercial film and photographic
2print processors or computer technicians to report sexual
3depiction of children.
4    (a) Any commercial film and photographic print processor
5or computer technician who has knowledge of or observes,
6within the scope of his professional capacity or employment,
7any film, photograph, videotape, negative, slide, computer
8hard drive or any other magnetic or optical media which
9depicts a child whom the processor or computer technician
10knows or reasonably should know to be under the age of 18 where
11such child is:
12        (i) actually or by simulation engaged in any act of
13    sexual penetration or sexual conduct with any person or
14    animal; or
15        (ii) actually or by simulation engaged in any act of
16    sexual penetration or sexual conduct involving the sex
17    organs of the child and the mouth, anus, or sex organs of
18    another person or animal; or which involves the mouth,
19    anus or sex organs of the child and the sex organs of
20    another person or animal; or
21        (iii) actually or by simulation engaged in any act of
22    masturbation; or
23        (iv) actually or by simulation portrayed as being the
24    object of, or otherwise engaged in, any act of lewd
25    fondling, touching, or caressing involving another person
26    or animal; or

 

 

HB5490- 48 -LRB102 25922 RLC 35294 b

1        (v) actually or by simulation engaged in any act of
2    excretion or urination within a sexual context; or
3        (vi) actually or by simulation portrayed or depicted
4    as bound, fettered, or subject to sadistic, masochistic,
5    or sadomasochistic abuse in any sexual context; or
6        (vii) depicted or portrayed in any pose, posture or
7    setting involving a lewd exhibition of the unclothed or
8    transparently clothed genitals, pubic area, buttocks, or,
9    if such person is female, a fully or partially developed
10    breast of the child or other person;
11shall report or cause a report to be made pursuant to
12subsections (b) and (c) as soon as reasonably possible.
13Failure to make such report shall be a business offense with a
14fine of $1,000.
15    (b) Commercial film and photographic film processors shall
16report or cause a report to be made to the local law
17enforcement agency of the jurisdiction in which the image or
18images described in subsection (a) are discovered.
19    (c) Computer technicians shall report or cause the report
20to be made to the local law enforcement agency of the
21jurisdiction in which the image or images described in
22subsection (a) are discovered or to the Illinois Child
23Exploitation e-Tipline at reportchildporn@atg.state.il.us.
24    (d) Reports required by this Act shall include the
25following information: (i) name, address, and telephone number
26of the person filing the report; (ii) the employer of the

 

 

HB5490- 49 -LRB102 25922 RLC 35294 b

1person filing the report, if any; (iii) the name, address and
2telephone number of the person whose property is the subject
3of the report, if known; (iv) the circumstances which led to
4the filing of the report, including a description of the
5reported content.
6    (e) If a report is filed with the Cyber Tipline at the
7National Center for Missing and Exploited Children or in
8accordance with the requirements of 42 U.S.C. 13032, the
9requirements of this Act will be deemed to have been met.
10    (f) A computer technician or an employer caused to report
11child sexual abuse images pornography under this Section is
12immune from any criminal, civil, or administrative liability
13in connection with making the report, except for willful or
14wanton misconduct.
15    (g) For the purposes of this Section, a "computer
16technician" is a person who installs, maintains,
17troubleshoots, repairs or upgrades computer hardware,
18software, computer networks, peripheral equipment, electronic
19mail systems, or provides user assistance for any of the
20aforementioned tasks.
21(Source: P.A. 95-983, eff. 6-1-09; 96-1551, eff. 7-1-11.)
 
22    (720 ILCS 5/11-23)
23    Sec. 11-23. Posting of identifying or graphic information
24on a pornographic Internet site or possessing graphic
25information with pornographic material.

 

 

HB5490- 50 -LRB102 25922 RLC 35294 b

1    (a) A person at least 17 years of age who knowingly
2discloses on an adult obscenity or child sexual abuse images
3pornography Internet site the name, address, telephone number,
4or e-mail address of a person under 17 years of age at the time
5of the commission of the offense or of a person at least 17
6years of age without the consent of the person at least 17
7years of age is guilty of posting of identifying information
8on a pornographic Internet site.
9    (a-5) Any person who knowingly places, posts, reproduces,
10or maintains on an adult obscenity or child sexual abuse
11images pornography Internet site a photograph, video, or
12digital image of a person under 18 years of age that is not
13child sexual abuse images pornography under Section 11-20.1,
14without the knowledge and consent of the person under 18 years
15of age, is guilty of posting of graphic information on a
16pornographic Internet site. This provision applies even if the
17person under 18 years of age is fully or properly clothed in
18the photograph, video, or digital image.
19    (a-10) Any person who knowingly places, posts, reproduces,
20or maintains on an adult obscenity or child sexual abuse
21images pornography Internet site, or possesses with obscene or
22child pornographic material a photograph, video, or digital
23image of a person under 18 years of age in which the child is
24posed in a suggestive manner with the focus or concentration
25of the image on the child's clothed genitals, clothed pubic
26area, clothed buttocks area, or if the child is female, the

 

 

HB5490- 51 -LRB102 25922 RLC 35294 b

1breast exposed through transparent clothing, and the
2photograph, video, or digital image is not child sexual abuse
3images pornography under Section 11-20.1, is guilty of posting
4of graphic information on a pornographic Internet site or
5possessing graphic information with pornographic material.
6    (b) Sentence. A person who violates subsection (a) of this
7Section is guilty of a Class 4 felony if the victim is at least
817 years of age at the time of the offense and a Class 3 felony
9if the victim is under 17 years of age at the time of the
10offense. A person who violates subsection (a-5) of this
11Section is guilty of a Class 4 felony. A person who violates
12subsection (a-10) of this Section is guilty of a Class 3
13felony.
14    (c) Definitions. For purposes of this Section:
15        (1) "Adult obscenity or child sexual abuse images
16    pornography Internet site" means a site on the Internet
17    that contains material that is obscene as defined in
18    Section 11-20 of this Code or that is child sexual abuse
19    images pornography as defined in Section 11-20.1 of this
20    Code.
21        (2) "Internet" has the meaning set forth in Section
22    16-0.1 of this Code.
23(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
24    (720 ILCS 5/11-25)
25    (Text of Section before amendment by P.A. 102-676)

 

 

HB5490- 52 -LRB102 25922 RLC 35294 b

1    Sec. 11-25. Grooming.
2    (a) A person commits grooming when he or she knowingly
3uses a computer on-line service, Internet service, local
4bulletin board service, or any other device capable of
5electronic data storage or transmission to seduce, solicit,
6lure, or entice, or attempt to seduce, solicit, lure, or
7entice, a child, a child's guardian, or another person
8believed by the person to be a child or a child's guardian, to
9commit any sex offense as defined in Section 2 of the Sex
10Offender Registration Act, to distribute photographs depicting
11the sex organs of the child, or to otherwise engage in any
12unlawful sexual conduct with a child or with another person
13believed by the person to be a child. As used in this Section,
14"child" means a person under 17 years of age.
15    (b) Sentence. Grooming is a Class 4 felony.
16(Source: P.A. 100-428, eff. 1-1-18.)
 
17    (Text of Section after amendment by P.A. 102-676)
18    Sec. 11-25. Grooming.
19    (a) A person commits grooming when he or she knowingly:
20        (1) uses a computer on-line service, Internet service,
21    local bulletin board service, or any other device capable
22    of electronic data storage or transmission, performs an
23    act in person or by conduct through a third party, or uses
24    written communication to seduce, solicit, lure, or entice,
25    or attempt to seduce, solicit, lure, or entice, a child, a

 

 

HB5490- 53 -LRB102 25922 RLC 35294 b

1    child's guardian, or another person believed by the person
2    to be a child or a child's guardian, to commit any sex
3    offense as defined in Section 2 of the Sex Offender
4    Registration Act, to distribute photographs depicting the
5    sex organs of the child, or to otherwise engage in any
6    unlawful sexual conduct with a child or with another
7    person believed by the person to be a child; or
8        (2) engages in a pattern of conduct that entices,
9    persuades, induces, or coerces a child to engage or
10    participate in criminal sexual activity or is for the
11    purpose of sexual gratification or arousal of the victim,
12    the accused, or another.
13    (a-5) As used in this Section: ,
14    "Child" "child" means a person under 17 years of age.
15    "Pattern" means 2 or more instances of conduct.
16    "Sexual activity" includes masturbation and does not
17require actual or attempted physical contact between 2
18persons.
19    (b) Sentence. Grooming is a Class 3 4 felony.
20(Source: P.A. 102-676, eff. 6-1-22.)
 
21    (720 ILCS 5/14-3)
22    Sec. 14-3. Exemptions. The following activities shall be
23exempt from the provisions of this Article:
24        (a) Listening to radio, wireless electronic
25    communications, and television communications of any sort

 

 

HB5490- 54 -LRB102 25922 RLC 35294 b

1    where the same are publicly made;
2        (b) Hearing conversation when heard by employees of
3    any common carrier by wire incidental to the normal course
4    of their employment in the operation, maintenance or
5    repair of the equipment of such common carrier by wire so
6    long as no information obtained thereby is used or
7    divulged by the hearer;
8        (c) Any broadcast by radio, television or otherwise
9    whether it be a broadcast or recorded for the purpose of
10    later broadcasts of any function where the public is in
11    attendance and the conversations are overheard incidental
12    to the main purpose for which such broadcasts are then
13    being made;
14        (d) Recording or listening with the aid of any device
15    to any emergency communication made in the normal course
16    of operations by any federal, state or local law
17    enforcement agency or institutions dealing in emergency
18    services, including, but not limited to, hospitals,
19    clinics, ambulance services, fire fighting agencies, any
20    public utility, emergency repair facility, civilian
21    defense establishment or military installation;
22        (e) Recording the proceedings of any meeting required
23    to be open by the Open Meetings Act, as amended;
24        (f) Recording or listening with the aid of any device
25    to incoming telephone calls of phone lines publicly listed
26    or advertised as consumer "hotlines" by manufacturers or

 

 

HB5490- 55 -LRB102 25922 RLC 35294 b

1    retailers of food and drug products. Such recordings must
2    be destroyed, erased or turned over to local law
3    enforcement authorities within 24 hours from the time of
4    such recording and shall not be otherwise disseminated.
5    Failure on the part of the individual or business
6    operating any such recording or listening device to comply
7    with the requirements of this subsection shall eliminate
8    any civil or criminal immunity conferred upon that
9    individual or business by the operation of this Section;
10        (g) With prior notification to the State's Attorney of
11    the county in which it is to occur, recording or listening
12    with the aid of any device to any conversation where a law
13    enforcement officer, or any person acting at the direction
14    of law enforcement, is a party to the conversation and has
15    consented to it being intercepted or recorded under
16    circumstances where the use of the device is necessary for
17    the protection of the law enforcement officer or any
18    person acting at the direction of law enforcement, in the
19    course of an investigation of a forcible felony, a felony
20    offense of involuntary servitude, involuntary sexual
21    servitude of a minor, or trafficking in persons under
22    Section 10-9 of this Code, an offense involving
23    prostitution, solicitation of a sexual act, or pandering,
24    a felony violation of the Illinois Controlled Substances
25    Act, a felony violation of the Cannabis Control Act, a
26    felony violation of the Methamphetamine Control and

 

 

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1    Community Protection Act, any "streetgang related" or
2    "gang-related" felony as those terms are defined in the
3    Illinois Streetgang Terrorism Omnibus Prevention Act, or
4    any felony offense involving any weapon listed in
5    paragraphs (1) through (11) of subsection (a) of Section
6    24-1 of this Code. Any recording or evidence derived as
7    the result of this exemption shall be inadmissible in any
8    proceeding, criminal, civil or administrative, except (i)
9    where a party to the conversation suffers great bodily
10    injury or is killed during such conversation, or (ii) when
11    used as direct impeachment of a witness concerning matters
12    contained in the interception or recording. The Director
13    of the Illinois State Police shall issue regulations as
14    are necessary concerning the use of devices, retention of
15    tape recordings, and reports regarding their use;
16        (g-5) (Blank);
17        (g-6) With approval of the State's Attorney of the
18    county in which it is to occur, recording or listening
19    with the aid of any device to any conversation where a law
20    enforcement officer, or any person acting at the direction
21    of law enforcement, is a party to the conversation and has
22    consented to it being intercepted or recorded in the
23    course of an investigation of child sexual abuse images
24    pornography, aggravated child sexual abuse images
25    pornography, indecent solicitation of a child, luring of a
26    minor, sexual exploitation of a child, aggravated criminal

 

 

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1    sexual abuse in which the victim of the offense was at the
2    time of the commission of the offense under 18 years of
3    age, or criminal sexual abuse by force or threat of force
4    in which the victim of the offense was at the time of the
5    commission of the offense under 18 years of age. In all
6    such cases, an application for an order approving the
7    previous or continuing use of an eavesdropping device must
8    be made within 48 hours of the commencement of such use. In
9    the absence of such an order, or upon its denial, any
10    continuing use shall immediately terminate. The Director
11    of the Illinois State Police shall issue rules as are
12    necessary concerning the use of devices, retention of
13    recordings, and reports regarding their use. Any recording
14    or evidence obtained or derived in the course of an
15    investigation of child sexual abuse images pornography,
16    aggravated child sexual abuse images pornography, indecent
17    solicitation of a child, luring of a minor, sexual
18    exploitation of a child, aggravated criminal sexual abuse
19    in which the victim of the offense was at the time of the
20    commission of the offense under 18 years of age, or
21    criminal sexual abuse by force or threat of force in which
22    the victim of the offense was at the time of the commission
23    of the offense under 18 years of age shall, upon motion of
24    the State's Attorney or Attorney General prosecuting any
25    case involving child sexual abuse images pornography,
26    aggravated child sexual abuse images pornography, indecent

 

 

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1    solicitation of a child, luring of a minor, sexual
2    exploitation of a child, aggravated criminal sexual abuse
3    in which the victim of the offense was at the time of the
4    commission of the offense under 18 years of age, or
5    criminal sexual abuse by force or threat of force in which
6    the victim of the offense was at the time of the commission
7    of the offense under 18 years of age be reviewed in camera
8    with notice to all parties present by the court presiding
9    over the criminal case, and, if ruled by the court to be
10    relevant and otherwise admissible, it shall be admissible
11    at the trial of the criminal case. Absent such a ruling,
12    any such recording or evidence shall not be admissible at
13    the trial of the criminal case;
14        (h) Recordings made simultaneously with the use of an
15    in-car video camera recording of an oral conversation
16    between a uniformed peace officer, who has identified his
17    or her office, and a person in the presence of the peace
18    officer whenever (i) an officer assigned a patrol vehicle
19    is conducting an enforcement stop; or (ii) patrol vehicle
20    emergency lights are activated or would otherwise be
21    activated if not for the need to conceal the presence of
22    law enforcement.
23        For the purposes of this subsection (h), "enforcement
24    stop" means an action by a law enforcement officer in
25    relation to enforcement and investigation duties,
26    including but not limited to, traffic stops, pedestrian

 

 

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1    stops, abandoned vehicle contacts, motorist assists,
2    commercial motor vehicle stops, roadside safety checks,
3    requests for identification, or responses to requests for
4    emergency assistance;
5        (h-5) Recordings of utterances made by a person while
6    in the presence of a uniformed peace officer and while an
7    occupant of a police vehicle including, but not limited
8    to, (i) recordings made simultaneously with the use of an
9    in-car video camera and (ii) recordings made in the
10    presence of the peace officer utilizing video or audio
11    systems, or both, authorized by the law enforcement
12    agency;
13        (h-10) Recordings made simultaneously with a video
14    camera recording during the use of a taser or similar
15    weapon or device by a peace officer if the weapon or device
16    is equipped with such camera;
17        (h-15) Recordings made under subsection (h), (h-5), or
18    (h-10) shall be retained by the law enforcement agency
19    that employs the peace officer who made the recordings for
20    a storage period of 90 days, unless the recordings are
21    made as a part of an arrest or the recordings are deemed
22    evidence in any criminal, civil, or administrative
23    proceeding and then the recordings must only be destroyed
24    upon a final disposition and an order from the court.
25    Under no circumstances shall any recording be altered or
26    erased prior to the expiration of the designated storage

 

 

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1    period. Upon completion of the storage period, the
2    recording medium may be erased and reissued for
3    operational use;
4        (i) Recording of a conversation made by or at the
5    request of a person, not a law enforcement officer or
6    agent of a law enforcement officer, who is a party to the
7    conversation, under reasonable suspicion that another
8    party to the conversation is committing, is about to
9    commit, or has committed a criminal offense against the
10    person or a member of his or her immediate household, and
11    there is reason to believe that evidence of the criminal
12    offense may be obtained by the recording;
13        (j) The use of a telephone monitoring device by either
14    (1) a corporation or other business entity engaged in
15    marketing or opinion research or (2) a corporation or
16    other business entity engaged in telephone solicitation,
17    as defined in this subsection, to record or listen to oral
18    telephone solicitation conversations or marketing or
19    opinion research conversations by an employee of the
20    corporation or other business entity when:
21            (i) the monitoring is used for the purpose of
22        service quality control of marketing or opinion
23        research or telephone solicitation, the education or
24        training of employees or contractors engaged in
25        marketing or opinion research or telephone
26        solicitation, or internal research related to

 

 

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1        marketing or opinion research or telephone
2        solicitation; and
3            (ii) the monitoring is used with the consent of at
4        least one person who is an active party to the
5        marketing or opinion research conversation or
6        telephone solicitation conversation being monitored.
7        No communication or conversation or any part, portion,
8    or aspect of the communication or conversation made,
9    acquired, or obtained, directly or indirectly, under this
10    exemption (j), may be, directly or indirectly, furnished
11    to any law enforcement officer, agency, or official for
12    any purpose or used in any inquiry or investigation, or
13    used, directly or indirectly, in any administrative,
14    judicial, or other proceeding, or divulged to any third
15    party.
16        When recording or listening authorized by this
17    subsection (j) on telephone lines used for marketing or
18    opinion research or telephone solicitation purposes
19    results in recording or listening to a conversation that
20    does not relate to marketing or opinion research or
21    telephone solicitation; the person recording or listening
22    shall, immediately upon determining that the conversation
23    does not relate to marketing or opinion research or
24    telephone solicitation, terminate the recording or
25    listening and destroy any such recording as soon as is
26    practicable.

 

 

HB5490- 62 -LRB102 25922 RLC 35294 b

1        Business entities that use a telephone monitoring or
2    telephone recording system pursuant to this exemption (j)
3    shall provide current and prospective employees with
4    notice that the monitoring or recordings may occur during
5    the course of their employment. The notice shall include
6    prominent signage notification within the workplace.
7        Business entities that use a telephone monitoring or
8    telephone recording system pursuant to this exemption (j)
9    shall provide their employees or agents with access to
10    personal-only telephone lines which may be pay telephones,
11    that are not subject to telephone monitoring or telephone
12    recording.
13        For the purposes of this subsection (j), "telephone
14    solicitation" means a communication through the use of a
15    telephone by live operators:
16            (i) soliciting the sale of goods or services;
17            (ii) receiving orders for the sale of goods or
18        services;
19            (iii) assisting in the use of goods or services;
20        or
21            (iv) engaging in the solicitation, administration,
22        or collection of bank or retail credit accounts.
23        For the purposes of this subsection (j), "marketing or
24    opinion research" means a marketing or opinion research
25    interview conducted by a live telephone interviewer
26    engaged by a corporation or other business entity whose

 

 

HB5490- 63 -LRB102 25922 RLC 35294 b

1    principal business is the design, conduct, and analysis of
2    polls and surveys measuring the opinions, attitudes, and
3    responses of respondents toward products and services, or
4    social or political issues, or both;
5        (k) Electronic recordings, including but not limited
6    to, a motion picture, videotape, digital, or other visual
7    or audio recording, made of a custodial interrogation of
8    an individual at a police station or other place of
9    detention by a law enforcement officer under Section
10    5-401.5 of the Juvenile Court Act of 1987 or Section
11    103-2.1 of the Code of Criminal Procedure of 1963;
12        (l) Recording the interview or statement of any person
13    when the person knows that the interview is being
14    conducted by a law enforcement officer or prosecutor and
15    the interview takes place at a police station that is
16    currently participating in the Custodial Interview Pilot
17    Program established under the Illinois Criminal Justice
18    Information Act;
19        (m) An electronic recording, including but not limited
20    to, a motion picture, videotape, digital, or other visual
21    or audio recording, made of the interior of a school bus
22    while the school bus is being used in the transportation
23    of students to and from school and school-sponsored
24    activities, when the school board has adopted a policy
25    authorizing such recording, notice of such recording
26    policy is included in student handbooks and other

 

 

HB5490- 64 -LRB102 25922 RLC 35294 b

1    documents including the policies of the school, notice of
2    the policy regarding recording is provided to parents of
3    students, and notice of such recording is clearly posted
4    on the door of and inside the school bus.
5        Recordings made pursuant to this subsection (m) shall
6    be confidential records and may only be used by school
7    officials (or their designees) and law enforcement
8    personnel for investigations, school disciplinary actions
9    and hearings, proceedings under the Juvenile Court Act of
10    1987, and criminal prosecutions, related to incidents
11    occurring in or around the school bus;
12        (n) Recording or listening to an audio transmission
13    from a microphone placed by a person under the authority
14    of a law enforcement agency inside a bait car surveillance
15    vehicle while simultaneously capturing a photographic or
16    video image;
17        (o) The use of an eavesdropping camera or audio device
18    during an ongoing hostage or barricade situation by a law
19    enforcement officer or individual acting on behalf of a
20    law enforcement officer when the use of such device is
21    necessary to protect the safety of the general public,
22    hostages, or law enforcement officers or anyone acting on
23    their behalf;
24        (p) Recording or listening with the aid of any device
25    to incoming telephone calls of phone lines publicly listed
26    or advertised as the "CPS Violence Prevention Hotline",

 

 

HB5490- 65 -LRB102 25922 RLC 35294 b

1    but only where the notice of recording is given at the
2    beginning of each call as required by Section 34-21.8 of
3    the School Code. The recordings may be retained only by
4    the Chicago Police Department or other law enforcement
5    authorities, and shall not be otherwise retained or
6    disseminated;
7        (q)(1) With prior request to and written or verbal
8    approval of the State's Attorney of the county in which
9    the conversation is anticipated to occur, recording or
10    listening with the aid of an eavesdropping device to a
11    conversation in which a law enforcement officer, or any
12    person acting at the direction of a law enforcement
13    officer, is a party to the conversation and has consented
14    to the conversation being intercepted or recorded in the
15    course of an investigation of a qualified offense. The
16    State's Attorney may grant this approval only after
17    determining that reasonable cause exists to believe that
18    inculpatory conversations concerning a qualified offense
19    will occur with a specified individual or individuals
20    within a designated period of time.
21        (2) Request for approval. To invoke the exception
22    contained in this subsection (q), a law enforcement
23    officer shall make a request for approval to the
24    appropriate State's Attorney. The request may be written
25    or verbal; however, a written memorialization of the
26    request must be made by the State's Attorney. This request

 

 

HB5490- 66 -LRB102 25922 RLC 35294 b

1    for approval shall include whatever information is deemed
2    necessary by the State's Attorney but shall include, at a
3    minimum, the following information about each specified
4    individual whom the law enforcement officer believes will
5    commit a qualified offense:
6            (A) his or her full or partial name, nickname or
7        alias;
8            (B) a physical description; or
9            (C) failing either (A) or (B) of this paragraph
10        (2), any other supporting information known to the law
11        enforcement officer at the time of the request that
12        gives rise to reasonable cause to believe that the
13        specified individual will participate in an
14        inculpatory conversation concerning a qualified
15        offense.
16        (3) Limitations on approval. Each written approval by
17    the State's Attorney under this subsection (q) shall be
18    limited to:
19            (A) a recording or interception conducted by a
20        specified law enforcement officer or person acting at
21        the direction of a law enforcement officer;
22            (B) recording or intercepting conversations with
23        the individuals specified in the request for approval,
24        provided that the verbal approval shall be deemed to
25        include the recording or intercepting of conversations
26        with other individuals, unknown to the law enforcement

 

 

HB5490- 67 -LRB102 25922 RLC 35294 b

1        officer at the time of the request for approval, who
2        are acting in conjunction with or as co-conspirators
3        with the individuals specified in the request for
4        approval in the commission of a qualified offense;
5            (C) a reasonable period of time but in no event
6        longer than 24 consecutive hours;
7            (D) the written request for approval, if
8        applicable, or the written memorialization must be
9        filed, along with the written approval, with the
10        circuit clerk of the jurisdiction on the next business
11        day following the expiration of the authorized period
12        of time, and shall be subject to review by the Chief
13        Judge or his or her designee as deemed appropriate by
14        the court.
15        (3.5) The written memorialization of the request for
16    approval and the written approval by the State's Attorney
17    may be in any format, including via facsimile, email, or
18    otherwise, so long as it is capable of being filed with the
19    circuit clerk.
20        (3.10) Beginning March 1, 2015, each State's Attorney
21    shall annually submit a report to the General Assembly
22    disclosing:
23            (A) the number of requests for each qualified
24        offense for approval under this subsection; and
25            (B) the number of approvals for each qualified
26        offense given by the State's Attorney.

 

 

HB5490- 68 -LRB102 25922 RLC 35294 b

1        (4) Admissibility of evidence. No part of the contents
2    of any wire, electronic, or oral communication that has
3    been recorded or intercepted as a result of this exception
4    may be received in evidence in any trial, hearing, or
5    other proceeding in or before any court, grand jury,
6    department, officer, agency, regulatory body, legislative
7    committee, or other authority of this State, or a
8    political subdivision of the State, other than in a
9    prosecution of:
10            (A) the qualified offense for which approval was
11        given to record or intercept a conversation under this
12        subsection (q);
13            (B) a forcible felony committed directly in the
14        course of the investigation of the qualified offense
15        for which approval was given to record or intercept a
16        conversation under this subsection (q); or
17            (C) any other forcible felony committed while the
18        recording or interception was approved in accordance
19        with this subsection (q), but for this specific
20        category of prosecutions, only if the law enforcement
21        officer or person acting at the direction of a law
22        enforcement officer who has consented to the
23        conversation being intercepted or recorded suffers
24        great bodily injury or is killed during the commission
25        of the charged forcible felony.
26        (5) Compliance with the provisions of this subsection

 

 

HB5490- 69 -LRB102 25922 RLC 35294 b

1    is a prerequisite to the admissibility in evidence of any
2    part of the contents of any wire, electronic or oral
3    communication that has been intercepted as a result of
4    this exception, but nothing in this subsection shall be
5    deemed to prevent a court from otherwise excluding the
6    evidence on any other ground recognized by State or
7    federal law, nor shall anything in this subsection be
8    deemed to prevent a court from independently reviewing the
9    admissibility of the evidence for compliance with the
10    Fourth Amendment to the U.S. Constitution or with Article
11    I, Section 6 of the Illinois Constitution.
12        (6) Use of recordings or intercepts unrelated to
13    qualified offenses. Whenever any private conversation or
14    private electronic communication has been recorded or
15    intercepted as a result of this exception that is not
16    related to an offense for which the recording or intercept
17    is admissible under paragraph (4) of this subsection (q),
18    no part of the contents of the communication and evidence
19    derived from the communication may be received in evidence
20    in any trial, hearing, or other proceeding in or before
21    any court, grand jury, department, officer, agency,
22    regulatory body, legislative committee, or other authority
23    of this State, or a political subdivision of the State,
24    nor may it be publicly disclosed in any way.
25        (6.5) The Illinois State Police shall adopt rules as
26    are necessary concerning the use of devices, retention of

 

 

HB5490- 70 -LRB102 25922 RLC 35294 b

1    recordings, and reports regarding their use under this
2    subsection (q).
3        (7) Definitions. For the purposes of this subsection
4    (q) only:
5            "Forcible felony" includes and is limited to those
6        offenses contained in Section 2-8 of the Criminal Code
7        of 1961 as of the effective date of this amendatory Act
8        of the 97th General Assembly, and only as those
9        offenses have been defined by law or judicial
10        interpretation as of that date.
11            "Qualified offense" means and is limited to:
12                (A) a felony violation of the Cannabis Control
13            Act, the Illinois Controlled Substances Act, or
14            the Methamphetamine Control and Community
15            Protection Act, except for violations of:
16                    (i) Section 4 of the Cannabis Control Act;
17                    (ii) Section 402 of the Illinois
18                Controlled Substances Act; and
19                    (iii) Section 60 of the Methamphetamine
20                Control and Community Protection Act; and
21                (B) first degree murder, solicitation of
22            murder for hire, predatory criminal sexual assault
23            of a child, criminal sexual assault, aggravated
24            criminal sexual assault, aggravated arson,
25            kidnapping, aggravated kidnapping, child
26            abduction, trafficking in persons, involuntary

 

 

HB5490- 71 -LRB102 25922 RLC 35294 b

1            servitude, involuntary sexual servitude of a
2            minor, or gunrunning.
3            "State's Attorney" includes and is limited to the
4        State's Attorney or an assistant State's Attorney
5        designated by the State's Attorney to provide verbal
6        approval to record or intercept conversations under
7        this subsection (q).
8        (8) Sunset. This subsection (q) is inoperative on and
9    after January 1, 2023. No conversations intercepted
10    pursuant to this subsection (q), while operative, shall be
11    inadmissible in a court of law by virtue of the
12    inoperability of this subsection (q) on January 1, 2023.
13        (9) Recordings, records, and custody. Any private
14    conversation or private electronic communication
15    intercepted by a law enforcement officer or a person
16    acting at the direction of law enforcement shall, if
17    practicable, be recorded in such a way as will protect the
18    recording from editing or other alteration. Any and all
19    original recordings made under this subsection (q) shall
20    be inventoried without unnecessary delay pursuant to the
21    law enforcement agency's policies for inventorying
22    evidence. The original recordings shall not be destroyed
23    except upon an order of a court of competent jurisdiction;
24    and
25        (r) Electronic recordings, including but not limited
26    to, motion picture, videotape, digital, or other visual or

 

 

HB5490- 72 -LRB102 25922 RLC 35294 b

1    audio recording, made of a lineup under Section 107A-2 of
2    the Code of Criminal Procedure of 1963.
3(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21.)
 
4    (720 ILCS 5/26-4)  (from Ch. 38, par. 26-4)
5    Sec. 26-4. Unauthorized video recording and live video
6transmission.
7    (a) It is unlawful for any person to knowingly make a video
8record or transmit live video of another person without that
9person's consent in a restroom, tanning bed, tanning salon,
10locker room, changing room, or hotel bedroom.
11    (a-5) It is unlawful for any person to knowingly make a
12video record or transmit live video of another person in that
13other person's residence without that person's consent.
14    (a-6) It is unlawful for any person to knowingly make a
15video record or transmit live video of another person in that
16other person's residence without that person's consent when
17the recording or transmission is made outside that person's
18residence by use of an audio or video device that records or
19transmits from a remote location.
20    (a-10) It is unlawful for any person to knowingly make a
21video record or transmit live video of another person's
22intimate parts for the purpose of viewing the body of or the
23undergarments worn by that other person without that person's
24consent. For the purposes of this subsection (a-10), "intimate
25parts" means the fully unclothed, partially unclothed, or

 

 

HB5490- 73 -LRB102 25922 RLC 35294 b

1transparently clothed genitals, pubic area, anus, or if the
2person is female, a partially or fully exposed nipple,
3including exposure through transparent clothing.
4    (a-15) It is unlawful for any person to place or cause to
5be placed a device that makes a video record or transmits a
6live video in a restroom, tanning bed, tanning salon, locker
7room, changing room, or hotel bedroom with the intent to make a
8video record or transmit live video of another person without
9that person's consent.
10    (a-20) It is unlawful for any person to place or cause to
11be placed a device that makes a video record or transmits a
12live video with the intent to make a video record or transmit
13live video of another person in a that other person's
14residence without that person's consent.
15    (a-25) It is unlawful for any person to, by any means,
16knowingly disseminate, or permit to be disseminated, a video
17record or live video that he or she knows to have been made or
18transmitted in violation of (a), (a-5), (a-6), (a-10), (a-15),
19or (a-20).
20    (b) Exemptions. The following activities shall be exempt
21from the provisions of this Section:
22        (1) The making of a video record or transmission of
23    live video by law enforcement officers pursuant to a
24    criminal investigation, which is otherwise lawful;
25        (2) The making of a video record or transmission of
26    live video by correctional officials for security reasons

 

 

HB5490- 74 -LRB102 25922 RLC 35294 b

1    or for investigation of alleged misconduct involving a
2    person committed to the Department of Corrections; and
3        (3) The making of a video record or transmission of
4    live video in a locker room by a reporter or news medium,
5    as those terms are defined in Section 8-902 of the Code of
6    Civil Procedure, where the reporter or news medium has
7    been granted access to the locker room by an appropriate
8    authority for the purpose of conducting interviews.
9    (c) The provisions of this Section do not apply to any
10sound recording or transmission of an oral conversation made
11as the result of the making of a video record or transmission
12of live video, and to which Article 14 of this Code applies.
13    (d) Sentence.
14        (1) A violation of subsection (a-15) or (a-20) is a
15    Class A misdemeanor.
16        (2) A violation of subsection (a), (a-5), (a-6), or
17    (a-10) is a Class 4 felony.
18        (3) A violation of subsection (a-25) is a Class 3
19    felony.
20        (4) A violation of subsection (a), (a-5), (a-6),
21    (a-10), (a-15) or (a-20) is a Class 3 felony if the victim
22    is a person under 18 years of age or if the violation is
23    committed by an individual who is required to register as
24    a sex offender under the Sex Offender Registration Act.
25        (5) A violation of subsection (a-25) is a Class 2
26    felony if the victim is a person under 18 years of age or

 

 

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1    if the violation is committed by an individual who is
2    required to register as a sex offender under the Sex
3    Offender Registration Act.
4    (e) For purposes of this Section:
5        (1) "Residence" includes a rental dwelling, but does
6    not include stairwells, corridors, laundry facilities, or
7    additional areas in which the general public has access.
8        (2) "Video record" means and includes any videotape,
9    photograph, film, or other electronic or digital recording
10    of a still or moving visual image; and "live video" means
11    and includes any real-time or contemporaneous electronic
12    or digital transmission of a still or moving visual image.
13(Source: P.A. 102-567, eff. 1-1-22.)
 
14    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
15    Sec. 36-1. Property subject to forfeiture.
16    (a) Any vessel or watercraft, vehicle, or aircraft is
17subject to forfeiture under this Article if the vessel or
18watercraft, vehicle, or aircraft is used with the knowledge
19and consent of the owner in the commission of or in the attempt
20to commit as defined in Section 8-4 of this Code:
21        (1) an offense prohibited by Section 9-1 (first degree
22    murder), Section 9-3 (involuntary manslaughter and
23    reckless homicide), Section 10-2 (aggravated kidnaping),
24    Section 11-1.20 (criminal sexual assault), Section 11-1.30
25    (aggravated criminal sexual assault), Section 11-1.40

 

 

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1    (predatory criminal sexual assault of a child), subsection
2    (a) of Section 11-1.50 (criminal sexual abuse), subsection
3    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
4    sexual abuse), Section 11-6 (indecent solicitation of a
5    child), Section 11-14.4 (promoting juvenile prostitution
6    except for keeping a place of juvenile prostitution),
7    Section 11-20.1 (child sexual abuse images pornography),
8    paragraph (a)(1), (a)(2), (a)(4), (b)(1), (b)(2), (e)(1),
9    (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or (e)(7) of
10    Section 12-3.05 (aggravated battery), Section 12-7.3
11    (stalking), Section 12-7.4 (aggravated stalking), Section
12    16-1 (theft if the theft is of precious metal or of scrap
13    metal), subdivision (f)(2) or (f)(3) of Section 16-25
14    (retail theft), Section 18-2 (armed robbery), Section 19-1
15    (burglary), Section 19-2 (possession of burglary tools),
16    Section 19-3 (residential burglary), Section 20-1 (arson;
17    residential arson; place of worship arson), Section 20-2
18    (possession of explosives or explosive or incendiary
19    devices), subdivision (a)(6) or (a)(7) of Section 24-1
20    (unlawful use of weapons), Section 24-1.2 (aggravated
21    discharge of a firearm), Section 24-1.2-5 (aggravated
22    discharge of a machine gun or a firearm equipped with a
23    device designed or used for silencing the report of a
24    firearm), Section 24-1.5 (reckless discharge of a
25    firearm), Section 28-1 (gambling), or Section 29D-15.2
26    (possession of a deadly substance) of this Code;

 

 

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1        (2) an offense prohibited by Section 21, 22, 23, 24 or
2    26 of the Cigarette Tax Act if the vessel or watercraft,
3    vehicle, or aircraft contains more than 10 cartons of such
4    cigarettes;
5        (3) an offense prohibited by Section 28, 29, or 30 of
6    the Cigarette Use Tax Act if the vessel or watercraft,
7    vehicle, or aircraft contains more than 10 cartons of such
8    cigarettes;
9        (4) an offense prohibited by Section 44 of the
10    Environmental Protection Act;
11        (5) an offense prohibited by Section 11-204.1 of the
12    Illinois Vehicle Code (aggravated fleeing or attempting to
13    elude a peace officer);
14        (6) an offense prohibited by Section 11-501 of the
15    Illinois Vehicle Code (driving while under the influence
16    of alcohol or other drug or drugs, intoxicating compound
17    or compounds or any combination thereof) or a similar
18    provision of a local ordinance, and:
19            (A) during a period in which his or her driving
20        privileges are revoked or suspended if the revocation
21        or suspension was for:
22                (i) Section 11-501 (driving under the
23            influence of alcohol or other drug or drugs,
24            intoxicating compound or compounds or any
25            combination thereof),
26                (ii) Section 11-501.1 (statutory summary

 

 

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1            suspension or revocation),
2                (iii) paragraph (b) of Section 11-401 (motor
3            vehicle accidents involving death or personal
4            injuries), or
5                (iv) reckless homicide as defined in Section
6            9-3 of this Code;
7            (B) has been previously convicted of reckless
8        homicide or a similar provision of a law of another
9        state relating to reckless homicide in which the
10        person was determined to have been under the influence
11        of alcohol, other drug or drugs, or intoxicating
12        compound or compounds as an element of the offense or
13        the person has previously been convicted of committing
14        a violation of driving under the influence of alcohol
15        or other drug or drugs, intoxicating compound or
16        compounds or any combination thereof and was involved
17        in a motor vehicle accident that resulted in death,
18        great bodily harm, or permanent disability or
19        disfigurement to another, when the violation was a
20        proximate cause of the death or injuries;
21            (C) the person committed a violation of driving
22        under the influence of alcohol or other drug or drugs,
23        intoxicating compound or compounds or any combination
24        thereof under Section 11-501 of the Illinois Vehicle
25        Code or a similar provision for the third or
26        subsequent time;

 

 

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1            (D) he or she did not possess a valid driver's
2        license or permit or a valid restricted driving permit
3        or a valid judicial driving permit or a valid
4        monitoring device driving permit; or
5            (E) he or she knew or should have known that the
6        vehicle he or she was driving was not covered by a
7        liability insurance policy;
8        (7) an offense described in subsection (g) of Section
9    6-303 of the Illinois Vehicle Code;
10        (8) an offense described in subsection (e) of Section
11    6-101 of the Illinois Vehicle Code; or
12        (9)(A) operating a watercraft under the influence of
13    alcohol, other drug or drugs, intoxicating compound or
14    compounds, or combination thereof under Section 5-16 of
15    the Boat Registration and Safety Act during a period in
16    which his or her privileges to operate a watercraft are
17    revoked or suspended and the revocation or suspension was
18    for operating a watercraft under the influence of alcohol,
19    other drug or drugs, intoxicating compound or compounds,
20    or combination thereof; (B) operating a watercraft under
21    the influence of alcohol, other drug or drugs,
22    intoxicating compound or compounds, or combination thereof
23    and has been previously convicted of reckless homicide or
24    a similar provision of a law in another state relating to
25    reckless homicide in which the person was determined to
26    have been under the influence of alcohol, other drug or

 

 

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1    drugs, intoxicating compound or compounds, or combination
2    thereof as an element of the offense or the person has
3    previously been convicted of committing a violation of
4    operating a watercraft under the influence of alcohol,
5    other drug or drugs, intoxicating compound or compounds,
6    or combination thereof and was involved in an accident
7    that resulted in death, great bodily harm, or permanent
8    disability or disfigurement to another, when the violation
9    was a proximate cause of the death or injuries; or (C) the
10    person committed a violation of operating a watercraft
11    under the influence of alcohol, other drug or drugs,
12    intoxicating compound or compounds, or combination thereof
13    under Section 5-16 of the Boat Registration and Safety Act
14    or a similar provision for the third or subsequent time.
15    (b) In addition, any mobile or portable equipment used in
16the commission of an act which is in violation of Section 7g of
17the Metropolitan Water Reclamation District Act shall be
18subject to seizure and forfeiture under the same procedures
19provided in this Article for the seizure and forfeiture of
20vessels or watercraft, vehicles, and aircraft, and any such
21equipment shall be deemed a vessel or watercraft, vehicle, or
22aircraft for purposes of this Article.
23    (c) In addition, when a person discharges a firearm at
24another individual from a vehicle with the knowledge and
25consent of the owner of the vehicle and with the intent to
26cause death or great bodily harm to that individual and as a

 

 

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1result causes death or great bodily harm to that individual,
2the vehicle shall be subject to seizure and forfeiture under
3the same procedures provided in this Article for the seizure
4and forfeiture of vehicles used in violations of clauses (1),
5(2), (3), or (4) of subsection (a) of this Section.
6    (d) If the spouse of the owner of a vehicle seized for an
7offense described in subsection (g) of Section 6-303 of the
8Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
9(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1011-501 of the Illinois Vehicle Code, or Section 9-3 of this
11Code makes a showing that the seized vehicle is the only source
12of transportation and it is determined that the financial
13hardship to the family as a result of the seizure outweighs the
14benefit to the State from the seizure, the vehicle may be
15forfeited to the spouse or family member and the title to the
16vehicle shall be transferred to the spouse or family member
17who is properly licensed and who requires the use of the
18vehicle for employment or family transportation purposes. A
19written declaration of forfeiture of a vehicle under this
20Section shall be sufficient cause for the title to be
21transferred to the spouse or family member. The provisions of
22this paragraph shall apply only to one forfeiture per vehicle.
23If the vehicle is the subject of a subsequent forfeiture
24proceeding by virtue of a subsequent conviction of either
25spouse or the family member, the spouse or family member to
26whom the vehicle was forfeited under the first forfeiture

 

 

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1proceeding may not utilize the provisions of this paragraph in
2another forfeiture proceeding. If the owner of the vehicle
3seized owns more than one vehicle, the procedure set out in
4this paragraph may be used for only one vehicle.
5    (e) In addition, property subject to forfeiture under
6Section 40 of the Illinois Streetgang Terrorism Omnibus
7Prevention Act may be seized and forfeited under this Article.
8(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
9    Section 10. The Code of Criminal Procedure of 1963 is
10amended by changing Sections 106B-10, 115-7, 115-7.3, and
11115-7.4 as follows:
 
12    (725 ILCS 5/106B-10)
13    Sec. 106B-10. Conditions for testimony by a victim or
14witness who is under 18 years of age or an a child or a
15moderately, severely, or profoundly intellectually disabled
16person or a person affected by a developmental disability. The
17In a prosecution of criminal sexual assault, predatory
18criminal sexual assault of a child, aggravated criminal sexual
19assault, criminal sexual abuse, aggravated criminal sexual
20abuse, or any violent crime as defined in subsection (c) of
21Section 3 of the Rights of Crime Victims and Witnesses Act, the
22court may set any conditions it finds just and appropriate on
23the taking of testimony of a victim or witness who is under 18
24years of age or an intellectually disabled person or a person

 

 

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1affected by a developmental disability victim who is a child
2under the age of 18 years or a moderately, severely, or
3profoundly intellectually disabled person or a person affected
4by a developmental disability, involving the use of a facility
5dog in any criminal proceeding involving that offense. When
6deciding whether to permit the child or person to testify with
7the assistance of a facility dog, the court shall take into
8consideration the age of the child or person, the rights of the
9parties to the litigation, and any other relevant factor that
10would facilitate the witness' testimony by the child or the
11person. As used in this Section, "facility dog" means a dog
12that is a graduate of an assistance dog organization that is a
13member of Assistance Dogs International.
14(Source: P.A. 102-22, eff. 6-25-21.)
 
15    (725 ILCS 5/115-7)  (from Ch. 38, par. 115-7)
16    Sec. 115-7. a. In prosecutions for predatory criminal
17sexual assault of a child, aggravated criminal sexual assault,
18criminal sexual assault, aggravated criminal sexual abuse,
19criminal sexual abuse, involuntary servitude, involuntary
20sexual servitude of a minor, trafficking in persons, or
21criminal transmission of HIV; and in prosecutions for battery
22and aggravated battery, when the commission of the offense
23involves sexual penetration or sexual conduct as defined in
24Section 11-0.1 of the Criminal Code of 2012; and with the trial
25or retrial of the offenses formerly known as rape, deviate

 

 

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1sexual assault, indecent liberties with a child, and
2aggravated indecent liberties with a child, the prior sexual
3activity or the reputation of the alleged victim or
4corroborating witness under Section 115-7.3 of this Code is
5inadmissible except (1) as evidence concerning the past sexual
6conduct of the alleged victim or corroborating witness under
7Section 115-7.3 of this Code with the accused when this
8evidence is offered by the accused upon the issue of whether
9the alleged victim or corroborating witness under Section
10115-7.3 of this Code consented to the sexual conduct with
11respect to which the offense is alleged; or (2) when
12constitutionally required to be admitted.
13    b. No evidence admissible under this Section shall be
14introduced unless ruled admissible by the trial judge after an
15offer of proof has been made at a hearing to be held in camera
16in order to determine whether the defense has evidence to
17impeach the witness in the event that prior sexual activity
18with the defendant is denied. Such offer of proof shall
19include reasonably specific information as to the date, time
20and place of the past sexual conduct between the alleged
21victim or corroborating witness under Section 115-7.3 of this
22Code and the defendant. Unless the court finds that reasonably
23specific information as to date, time or place, or some
24combination thereof, has been offered as to prior sexual
25activity with the defendant, counsel for the defendant shall
26be ordered to refrain from inquiring into prior sexual

 

 

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1activity between the alleged victim or corroborating witness
2under Section 115-7.3 of this Code and the defendant. The
3court shall not admit evidence under this Section unless it
4determines at the hearing that the evidence is relevant and
5the probative value of the evidence outweighs the danger of
6unfair prejudice. The evidence shall be admissible at trial to
7the extent an order made by the court specifies the evidence
8that may be admitted and areas with respect to which the
9alleged victim or corroborating witness under Section 115-7.3
10of this Code may be examined or cross examined.
11(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
12    (725 ILCS 5/115-7.3)
13    Sec. 115-7.3. Evidence in certain cases.
14    (a) This Section applies to criminal cases in which:
15        (1) the defendant is accused of predatory criminal
16    sexual assault of a child, aggravated criminal sexual
17    assault, criminal sexual assault, aggravated criminal
18    sexual abuse, criminal sexual abuse, child pornography,
19    aggravated child pornography, involuntary servitude,
20    involuntary sexual servitude of a minor, trafficking in
21    persons, criminal transmission of HIV, or child abduction
22    as defined in paragraph (10) of subsection (b) of Section
23    10-5 of the Criminal Code of 1961 or the Criminal Code of
24    2012;
25        (2) the defendant is accused of battery, aggravated

 

 

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1    battery, first degree murder, or second degree murder when
2    the commission of the offense involves sexual penetration
3    or sexual conduct as defined in Section 11-0.1 of the
4    Criminal Code of 2012; or
5        (3) the defendant is tried or retried for any of the
6    offenses formerly known as rape, deviate sexual assault,
7    indecent liberties with a child, or aggravated indecent
8    liberties with a child.
9    (b) If the defendant is accused of an offense set forth in
10paragraph (1) or (2) of subsection (a) or the defendant is
11tried or retried for any of the offenses set forth in paragraph
12(3) of subsection (a), evidence of the defendant's commission
13of another offense or offenses set forth in paragraph (1),
14(2), or (3) of subsection (a), or evidence to rebut that proof
15or an inference from that proof, may be admissible (if that
16evidence is otherwise admissible under the rules of evidence)
17and may be considered for its bearing on any matter to which it
18is relevant.
19    (c) In weighing the probative value of the evidence
20against undue prejudice to the defendant, the court may
21consider:
22        (1) the proximity in time to the charged or predicate
23    offense;
24        (2) the degree of factual similarity to the charged or
25    predicate offense; or
26        (3) other relevant facts and circumstances.

 

 

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1    (d) In a criminal case in which the prosecution intends to
2offer evidence under this Section, it must disclose the
3evidence, including statements of witnesses or a summary of
4the substance of any testimony, at a reasonable time in
5advance of trial, or during trial if the court excuses
6pretrial notice on good cause shown.
7    (e) In a criminal case in which evidence is offered under
8this Section, proof may be made by specific instances of
9conduct, testimony as to reputation, or testimony in the form
10of an expert opinion, except that the prosecution may offer
11reputation testimony only after the opposing party has offered
12that testimony.
13    (f) In prosecutions for a violation of Section 10-2,
1411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-3.05, 12-4,
1512-13, 12-14, 12-14.1, 12-15, 12-16, or 18-5 of the Criminal
16Code of 1961 or the Criminal Code of 2012, involving the
17involuntary delivery of a controlled substance to a victim, no
18inference may be made about the fact that a victim did not
19consent to a test for the presence of controlled substances.
20(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
2198-160, eff. 1-1-14.)
 
22    (725 ILCS 5/115-7.4)
23    Sec. 115-7.4. Evidence in domestic violence cases.
24    (a) In a criminal prosecution in which the defendant is
25accused of an offense of domestic violence as defined in

 

 

HB5490- 88 -LRB102 25922 RLC 35294 b

1paragraphs (1) and (3) of Section 103 of the Illinois Domestic
2Violence Act of 1986, or first degree murder or second degree
3murder when the commission of the offense involves domestic
4violence, involuntary servitude, involuntary sexual servitude
5of a minor, or trafficking in persons, evidence of the
6defendant's commission of another offense or offenses of
7domestic violence is admissible, and may be considered for its
8bearing on any matter to which it is relevant.
9    (b) In weighing the probative value of the evidence
10against undue prejudice to the defendant, the court may
11consider:
12        (1) the proximity in time to the charged or predicate
13    offense;
14        (2) the degree of factual similarity to the charged or
15    predicate offense; or
16        (3) other relevant facts and circumstances.
17    (c) In a criminal case in which the prosecution intends to
18offer evidence under this Section, it must disclose the
19evidence, including statements of witnesses or a summary of
20the substance of any testimony, at a reasonable time in
21advance of trial, or during trial if the court excuses
22pretrial notice on good cause shown.
23    (d) In a criminal case in which evidence is offered under
24this Section, proof may be made by specific instances of
25conduct, testimony as to reputation, or testimony in the form
26of an expert opinion, except that the prosecution may offer

 

 

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1reputation testimony only after the opposing party has offered
2that testimony.
3(Source: P.A. 97-1036, eff. 8-20-12.)
 
4    Section 95. No acceleration or delay. Where this Act makes
5changes in a statute that is represented in this Act by text
6that is not yet or no longer in effect (for example, a Section
7represented by multiple versions), the use of that text does
8not accelerate or delay the taking effect of (i) the changes
9made by this Act or (ii) provisions derived from any other
10Public Act.

 

 

HB5490- 90 -LRB102 25922 RLC 35294 b

1 INDEX
2 Statutes amended in order of appearance
3    720 ILCS 5/3-5from Ch. 38, par. 3-5
4    720 ILCS 5/3-6from Ch. 38, par. 3-6
5    720 ILCS 5/11-0.1
6    720 ILCS 5/11-9.3
7    720 ILCS 5/11-20.1from Ch. 38, par. 11-20.1
8    720 ILCS 5/11-20.2from Ch. 38, par. 11-20.2
9    720 ILCS 5/11-23
10    720 ILCS 5/11-25
11    720 ILCS 5/14-3
12    720 ILCS 5/26-4from Ch. 38, par. 26-4
13    720 ILCS 5/36-1from Ch. 38, par. 36-1
14    725 ILCS 5/106B-10
15    725 ILCS 5/115-7from Ch. 38, par. 115-7
16    725 ILCS 5/115-7.3
17    725 ILCS 5/115-7.4