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92_HB4081enr HB4081 Enrolled LRB9212174RCsbA 1 AN ACT in relation to criminal law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Criminal Code of 1961 is amended by 5 changing Sections 11-20.1, 12-3.2, 12-7.3, and 12-30 as 6 follows: 7 (720 ILCS 5/11-20.1) (from Ch. 38, par. 11-20.1) 8 Sec. 11-20.1. Child pornography. 9 (a) A person commits the offense of child pornography 10 who: 11 (1) films, videotapes, photographs, or otherwise 12 depicts or portrays by means of any similar visual medium 13 or reproduction or depicts by computer any child whom he 14 knows or reasonably should know to be under the age of 18 15 or any severely or profoundly mentally retarded person 16 where such child or severely or profoundly mentally 17 retarded person is: 18 (i) actually or by simulation engaged in any 19 act of sexual penetration or sexual conduct 20intercoursewith any person or animal; or 21 (ii) actually or by simulation engaged in any 22 act of sexual penetration or sexual conductcontact23 involving the sex organs of the child or severely or 24 profoundly mentally retarded person and the mouth, 25 anus, or sex organs of another person or animal; or 26 which involves the mouth, anus or sex organs of the 27 child or severely or profoundly mentally retarded 28 person and the sex organs of another person or 29 animal; or 30 (iii) actually or by simulation engaged in any 31 act of masturbation; or HB4081 Enrolled -2- LRB9212174RCsbA 1 (iv) actually or by simulation portrayed as 2 being the object of, or otherwise engaged in, any 3 act of lewd fondling, touching, or caressing 4 involving another person or animal; or 5 (v) actually or by simulation engaged in any 6 act of excretion or urination within a sexual 7 context; or 8 (vi) actually or by simulation portrayed or 9 depicted as bound, fettered, or subject to sadistic, 10 masochistic, or sadomasochistic abuse in any sexual 11 context; or 12 (vii) depicted or portrayed in any pose, 13 posture or setting involving a lewd exhibition of 14 the unclothed genitals, pubic area, buttocks, or, if 15 such person is female, a fully or partially 16 developed breast of the child or other person; or 17 (2) with the knowledge of the nature or content 18 thereof, reproduces, disseminates, offers to disseminate, 19 exhibits or possesses with intent to disseminate any 20 film, videotape, photograph or other similar visual 21 reproduction or depiction by computer of any child or 22 severely or profoundly mentally retarded person whom the 23 person knows or reasonably should know to be under the 24 age of 18 or to be a severely or profoundly mentally 25 retarded person, engaged in any activity described in 26 subparagraphs (i) through (vii) of paragraph (1) of this 27 subsection; or 28 (3) with knowledge of the subject matter or theme 29 thereof, produces any stage play, live performance, film, 30 videotape or other similar visual portrayal or depiction 31 by computer which includes a child whom the person knows 32 or reasonably should know to be under the age of 18 or a 33 severely or profoundly mentally retarded person engaged 34 in any activity described in subparagraphs (i) through HB4081 Enrolled -3- LRB9212174RCsbA 1 (vii) of paragraph (1) of this subsection; or 2 (4) solicits, uses, persuades, induces, entices, or 3 coerces any child whom he knows or reasonably should know 4 to be under the age of 18 or a severely or profoundly 5 mentally retarded person to appear in any stage play, 6 live presentation, film, videotape, photograph or other 7 similar visual reproduction or depiction by computer in 8 which the child or severely or profoundly mentally 9 retarded person is or 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; or 13 (5) is a parent, step-parent, legal guardian or 14 other person having care or custody of a child whom the 15 person knows or reasonably should know to be under the 16 age of 18 or a severely or profoundly mentally retarded 17 person and who knowingly permits, induces, promotes, or 18 arranges for such child or severely or profoundly 19 mentally retarded person to appear in any stage play, 20 live performance, film, videotape, photograph or other 21 similar visual presentation, portrayal or simulation or 22 depiction by computer of any act or activity described in 23 subparagraphs (i) through (vii) of paragraph (1) of this 24 subsection; or 25 (6) with knowledge of the nature or content 26 thereof, possesses any film, videotape, photograph or 27 other similar visual reproduction or depiction by 28 computer of any child or severely or profoundly mentally 29 retarded person whom the person knows or reasonably 30 should know to be under the age of 18 or to be a severely 31 or profoundly mentally retarded person, engaged in any 32 activity described in subparagraphs (i) through (vii) of 33 paragraph (1) of this subsection; or 34 (7) solicits, uses, persuades, induces, entices, or HB4081 Enrolled -4- LRB9212174RCsbA 1 coerces a person to provide a child under the age of 18 2 or a severely or profoundly mentally retarded person to 3 appear in any videotape, photograph, film, stage play, 4 live presentation, or other similar visual reproduction 5 or depiction by computer in which the child or severely 6 or profoundly mentally retarded person will be depicted, 7 actually or by simulation, in any act, pose, or setting 8 described in subparagraphs (i) through (vii) of paragraph 9 (1) of this subsection. 10 (b) (1) It shall be an affirmative defense to a charge 11 of child pornography that the defendant reasonably believed, 12 under all of the circumstances, that the child was 18 years 13 of age or older or that the person was not a severely or 14 profoundly mentally retarded person but only where, prior to 15 the act or acts giving rise to a prosecution under this 16 Section, he took some affirmative action or made a bonafide 17 inquiry designed to ascertain whether the child was 18 years 18 of age or older or that the person was not a severely or 19 profoundly mentally retarded person and his reliance upon the 20 information so obtained was clearly reasonable. 21 (2) (Blank). 22 (3) The charge of child pornography shall not apply 23 to the performance of official duties by law enforcement 24 or prosecuting officers, court personnel or attorneys, 25 nor to bonafide treatment or professional education 26 programs conducted by licensed physicians, psychologists 27 or social workers. 28 (4) Possession by the defendant of more than one of 29 the same film, videotape or visual reproduction or 30 depiction by computer in which child pornography is 31 depicted shall raise a rebuttable presumption that the 32 defendant possessed such materials with the intent to 33 disseminate them. 34 (5) The charge of child pornography does not apply HB4081 Enrolled -5- LRB9212174RCsbA 1 to a person who does not voluntarily possess a film, 2 videotape, or visual reproduction or depiction by 3 computer in which child pornography is depicted. 4 Possession is voluntary if the defendant knowingly 5 procures or receives a film, videotape, or visual 6 reproduction or depiction for a sufficient time to be 7 able to terminate his or her possession. 8 (c) Violation of paragraph (1), (4), (5), or (7) of 9 subsection (a) is a Class 1 felony with a mandatory minimum 10 fine of $2,000 and a maximum fine of $100,000. Violation of 11 paragraph (3) of subsection (a) is a Class 1 felony with a 12 mandatory minimum fine of $1500 and a maximum fine of 13 $100,000. Violation of paragraph (2) of subsection (a) is a 14 Class 1 felony with a mandatory minimum fine of $1000 and a 15 maximum fine of $100,000. Violation of paragraph (6) of 16 subsection (a) is a Class 3 felony with a mandatory minimum 17 fine of $1000 and a maximum fine of $100,000. 18 (d) If a person is convicted of a second or subsequent 19 violation of this Section within 10 years of a prior 20 conviction, the court shall order a presentence psychiatric 21 examination of the person. The examiner shall report to the 22 court whether treatment of the person is necessary. 23 (e) Any film, videotape, photograph or other similar 24 visual reproduction or depiction by computer which includes a 25 child under the age of 18 or a severely or profoundly 26 mentally retarded person engaged in any activity described in 27 subparagraphs (i) through (vii) or paragraph 1 of subsection 28 (a), and any material or equipment used or intended for use 29 in photographing, filming, printing, producing, reproducing, 30 manufacturing, projecting, exhibiting, depiction by computer, 31 or disseminating such material shall be seized and forfeited 32 in the manner, method and procedure provided by Section 36-1 33 of this Code for the seizure and forfeiture of vessels, 34 vehicles and aircraft. HB4081 Enrolled -6- LRB9212174RCsbA 1 (e-5) Upon the conclusion of a case brought under this 2 Section, the court shall seal all evidence depicting a victim 3 or witness that is sexually explicit. The evidence may be 4 unsealed and viewed, on a motion of the party seeking to 5 unseal and view the evidence, only for good cause shown and 6 in the discretion of the court. The motion must expressly 7 set forth the purpose for viewing the material. The State's 8 attorney and the victim, if possible, shall be provided 9 reasonable notice of the hearing on the motion to unseal the 10 evidence. Any person entitled to notice of a hearing under 11 this subsection (e-5) may object to the motion. 12 (f) Definitions. For the purposes of this Section: 13 (1) "Disseminate" means (i) to sell, distribute, 14 exchange or transfer possession, whether with or without 15 consideration or (ii) to make a depiction by computer 16 available for distribution or downloading through the 17 facilities of any telecommunications network or through 18 any other means of transferring computer programs or data 19 to a computer. 20 (2) "Produce" means to direct, promote, advertise, 21 publish, manufacture, issue, present or show. 22 (3) "Reproduce" means to make a duplication or 23 copy. 24 (4) "Depict by computer" means to generate or 25 create, or cause to be created or generated, a computer 26 program or data that, after being processed by a computer 27 either alone or in conjunction with one or more computer 28 programs, results in a visual depiction on a computer 29 monitor, screen, or display. 30 (5) "Depiction by computer" means a computer 31 program or data that, after being processed by a computer 32 either alone or in conjunction with one or more computer 33 programs, results in a visual depiction on a computer 34 monitor, screen, or display. HB4081 Enrolled -7- LRB9212174RCsbA 1 (6) "Computer", "computer program", and "data" have 2 the meanings ascribed to them in Section 16D-2 of this 3 Code. 4 (7) "Child" includes a film, videotape, photograph, 5 or other similar visual medium or reproduction or 6 depiction by computer that is, or appears to be, that of 7 a person, either in part, or in total, under the age of 8 18, regardless of the method by which the film, 9 videotape, photograph, or other similar visual medium or 10 reproduction or depiction by computer is created, 11 adopted, or modified to appear as such. "Child" also 12 includes a film, videotape, photograph, or other similar 13 visual medium or reproduction or depiction by computer 14 that is advertised, promoted, presented, described, or 15 distributed in such a manner that conveys the impression 16 that the film, videotape, photograph, or other similar 17 visual medium or reproduction or depiction by computer is 18 of a person under the age of 18. 19 (8) "Sexual penetration" and "sexual conduct" have 20 the meanings ascribed to them in Section 12-12 of this 21 Code. 22 (g) Re-enactment; findings; purposes. 23 (1) The General Assembly finds and declares that: 24 (i) Section 50-5 of Public Act 88-680, 25 effective January 1, 1995, contained provisions 26 amending the child pornography statute, Section 27 11-20.1 of the Criminal Code of 1961. Section 50-5 28 also contained other provisions. 29 (ii) In addition, Public Act 88-680 was 30 entitled "AN ACT to create a Safe Neighborhoods 31 Law". (A) Article 5 was entitled JUVENILE JUSTICE 32 and amended the Juvenile Court Act of 1987. (B) 33 Article 15 was entitled GANGS and amended various 34 provisions of the Criminal Code of 1961 and the HB4081 Enrolled -8- LRB9212174RCsbA 1 Unified Code of Corrections. (C) Article 20 was 2 entitled ALCOHOL ABUSE and amended various 3 provisions of the Illinois Vehicle Code. (D) 4 Article 25 was entitled DRUG ABUSE and amended the 5 Cannabis Control Act and the Illinois Controlled 6 Substances Act. (E) Article 30 was entitled FIREARMS 7 and amended the Criminal Code of 1961 and the Code 8 of Criminal Procedure of 1963. (F) Article 35 9 amended the Criminal Code of 1961, the Rights of 10 Crime Victims and Witnesses Act, and the Unified 11 Code of Corrections. (G) Article 40 amended the 12 Criminal Code of 1961 to increase the penalty for 13 compelling organization membership of persons. (H) 14 Article 45 created the Secure Residential Youth Care 15 Facility Licensing Act and amended the State Finance 16 Act, the Juvenile Court Act of 1987, the Unified 17 Code of Corrections, and the Private Correctional 18 Facility Moratorium Act. (I) Article 50 amended the 19 WIC Vendor Management Act, the Firearm Owners 20 Identification Card Act, the Juvenile Court Act of 21 1987, the Criminal Code of 1961, the Wrongs to 22 Children Act, and the Unified Code of Corrections. 23 (iii) On September 22, 1998, the Third 24 District Appellate Court in People v. Dainty, 701 25 N.E. 2d 118, ruled that Public Act 88-680 violates 26 the single subject clause of the Illinois 27 Constitution (Article IV, Section 8 (d)) and was 28 unconstitutional in its entirety. As of the time 29 this amendatory Act of 1999 was prepared, People v. 30 Dainty was still subject to appeal. 31 (iv) Child pornography is a vital concern to 32 the people of this State and the validity of future 33 prosecutions under the child pornography statute of 34 the Criminal Code of 1961 is in grave doubt. HB4081 Enrolled -9- LRB9212174RCsbA 1 (2) It is the purpose of this amendatory Act of 2 1999 to prevent or minimize any problems relating to 3 prosecutions for child pornography that may result from 4 challenges to the constitutional validity of Public Act 5 88-680 by re-enacting the Section relating to child 6 pornography that 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; 11 it 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 14 existing text (i.e., without underscoring) because, as 15 of the time this amendatory Act of 1999 was prepared, 16 People v. Dainty was subject to appeal to the Illinois 17 Supreme Court. 18 (4) The re-enactment by this amendatory Act of 1999 19 of Section 11-20.1 of the Criminal Code of 1961 relating 20 to child pornography that was amended by Public Act 21 88-680 is not intended, and shall not be construed, to 22 imply that Public Act 88-680 is invalid or to limit or 23 impair any legal argument concerning whether those 24 provisions were substantially re-enacted by other Public 25 Acts. 26 (Source: P.A. 91-54, eff. 6-30-99; 91-229, eff. 1-1-00; 27 91-357, eff. 7-29-99; 92-16, eff. 6-28-01; 92-434, eff. 28 1-1-02.) 29 (720 ILCS 5/12-3.2) (from Ch. 38, par. 12-3.2) 30 Sec. 12-3.2. Domestic Battery. 31 (a) A person commits domestic battery if he 32 intentionally or knowingly without legal justification by any 33 means: HB4081 Enrolled -10- LRB9212174RCsbA 1 (1) Causes bodily harm to any family or household 2 member as defined in subsection (3) of Section 112A-3 of 3 the Code of Criminal Procedure of 1963, as amended; 4 (2) Makes physical contact of an insulting or 5 provoking nature with any family or household member as 6 defined in subsection (3) of Section 112A-3 of the Code 7 of Criminal Procedure of 1963, as amended. 8 (b) Sentence. Domestic battery is a Class A 9 Misdemeanor. Domestic battery is a Class 4 felony if the 10 defendant has any prior conviction under this Code for 11 domestic battery (Section 12-3.2) or violation of an order of 12 protection (Section 12-30). Domestic battery is a Class 4 13 felony if the defendant has any prior conviction under this 14 Code for first degree murder (Section 9-1), attempt to commit 15 first degree murder (Section 8-4), aggravated domestic 16 battery (Section 12-3.3), aggravated battery (Section 12-4), 17 heinous battery (Section 12-4.1), aggravated battery with a 18 firearm (Section 12-4.2), aggravated battery of a child 19 (Section 12-4.3), aggravated battery of an unborn child 20 (Section 12-4.4), aggravated battery of a senior citizen 21 (Section 12-4.6), stalking (Section 12-7.3), aggravated 22 stalking (Section 12-7.4), criminal sexual assault (Section 23 12-13), aggravated criminal sexual assault (12-14), 24 kidnapping (Section 10-1), aggravated kidnapping (Section 25 10-2), predatory criminal sexual assault of a child (Section 26 12-14.1), aggravated criminal sexual abuse (Section 12-16), 27 unlawful restraint (Section 10-3),oraggravated unlawful 28 restraint (Section 10-3.1), aggravated arson (Section 29 20-1.1), or aggravated discharge of a firearm (Section 30 24-1.2), when any of these offenses have been committed 31 against a family or household member as defined in Section 32 112A-3 of the Code of Criminal Procedure of 1963. In addition 33 to any other sentencing alternatives, for any second 34 conviction of violating this Section within 5 years of a HB4081 Enrolled -11- LRB9212174RCsbA 1 previous conviction for violating this Section, the offender 2 shall be mandatorily sentenced to a minimum of 48 consecutive 3 hours of imprisonment. The imprisonment shall not be subject 4 to suspension, nor shall the person be eligible for probation 5 in order to reduce the sentence. 6 (c) Domestic battery committed in the presence of a 7 child. In addition to any other sentencing alternatives, a 8 defendant who commits, in the presence of a child, a felony 9 domestic battery (enhanced under subsection (b)), aggravated 10 domestic battery (Section 12-3.3), aggravated battery 11 (Section 12-4), unlawful restraint (Section 10-3), or 12 aggravated unlawful restraint (Section 10-3.1) against a 13 family or household member, as defined in Section 112A-3 of 14 the Code of Criminal Procedure of 1963, shall be required to 15 serve a mandatory minimum imprisonment of 10 days or perform 16 300 hours of community service, or both. The defendant shall 17 further be liable for the cost of any counseling required for 18 the child at the discretion of the court in accordance with 19 subsection (b) of Section 5-5-6 of the Unified Code of 20 Corrections. For purposes of this Section, "child" means a 21 person under 16 years of age who is the defendant's or 22 victim's child or step-child or who is a minor child residing 23 within the household of the defendant or victim. For 24 purposes of this Section, "in the presence of a child" means 25 in the physical presence of a child or knowing or having 26 reason to know that a child is present and may see or hear an 27 act constituting one of the offenses listed in this 28 subsection. 29 (Source: P.A. 91-112, eff. 10-1-99; 91-262, eff. 1-1-00; 30 91-928, eff. 6-1-01; 92-16, eff. 6-28-01.) 31 (720 ILCS 5/12-7.3) (from Ch. 38, par. 12-7.3) 32 Sec. 12-7.3. Stalking. 33 (a) A person commits stalking when he or she, knowingly HB4081 Enrolled -12- LRB9212174RCsbA 1 and without lawful justification, on at least 2 separate 2 occasions follows another person or places the person under 3 surveillance or any combination thereof and: 4 (1) at any time transmits a threat of immediate or 5 future bodily harm, sexual assault, confinement or 6 restraint and the threat is directed towards that person 7 or a family member of that person; or 8 (2) places that person in reasonable apprehension 9 of immediate or future bodily harm, sexual assault, 10 confinement or restraint; or 11 (3) places that person in reasonable apprehension 12 that a family member will receive immediate or future 13 bodily harm, sexual assault, confinement, or restraint. 14 (a-5) A person commits stalking when he or she has 15 previously been convicted of stalking another person and 16 knowingly and without lawful justification on one occasion: 17 (1) follows that same person or places that same 18 person under surveillance; and 19 (2) transmits a threat of immediate or future 20 bodily harm, sexual assault, confinement or restraint; 21 and 22 (3) the threat is directed towards that person or a 23 family member of that person. 24 (b) Sentence. Stalking is a Class 4 felony. A second or 25 subsequent conviction for stalking is a Class 3 felony. 26 (b-5) The incarceration of a person in a penal 27 institution who transmits a threat is not a bar to 28 prosecution under this Section. 29 (c) Exemption. This Section does not apply to picketing 30 occurring at the workplace that is otherwise lawful and 31 arises out of a bona fide labor dispute, or any exercise of 32 the right of free speech or assembly that is otherwise 33 lawful. 34 (d) For the purpose of this Section, a defendant "places HB4081 Enrolled -13- LRB9212174RCsbA 1 a person under surveillance" by remaining present outside the 2 person's school, place of employment, vehicle, other place 3 occupied by the person, or residence other than the residence 4 of the defendant. 5 (e) For the purpose of this Section, "follows another 6 person" means (i) to move in relative proximity to a person 7 as that person moves from place to place or (ii) to remain in 8 relative proximity to a person who is stationary or whose 9 movements are confined to a small area. "Follows another 10 person" does not include a following within the residence of 11 the defendant. 12 (f) For the purposes of this Section and Section 12-7.4, 13 "bona fide labor dispute" means any controversy concerning 14 wages, salaries, hours, working conditions, or benefits, 15 including health and welfare, sick leave, insurance, and 16 pension or retirement provisions, the making or maintaining 17 of collective bargaining agreements, and the terms to be 18 included in those agreements. 19 (g) For the purposes of this Section, "transmits a 20 threat" means a verbal or written threat or a threat implied 21 by a pattern of conduct or a combination of verbal or written 22 statements or conduct. 23 (h) For the purposes of this Section, "family member" 24 means a parent, grandparent, brother, sister, or child, 25 whether by whole blood, half-blood, or adoption and includes 26 a step-grandparent, step-parent, step-brother, step-sister or 27 step-child. "Family member" also means any other person who 28 regularly resides in the household, or who, within the prior 29 6 months, regularly resided in the household. 30 (Source: P.A. 91-640, eff. 8-20-99.) 31 (720 ILCS 5/12-30) (from Ch. 38, par. 12-30) 32 Sec. 12-30. Violation of an order of protection. 33 (a) A person commits violation of an order of protection HB4081 Enrolled -14- LRB9212174RCsbA 1 if: 2 (1) He or she commits an act which was prohibited 3 by a court or fails to commit an act which was ordered by 4 a court in violation of: 5 (i) a remedy in a valid order of protection 6 authorized under paragraphs (1), (2), (3), (14), or 7 (14.5) of subsection (b) of Section 214 of the 8 Illinois Domestic Violence Act of 1986, 9 (ii) a remedy, which is substantially similar 10 to the remedies authorized under paragraphs (1), 11 (2), (3), (14) or (14.5) of subsection (b) of 12 Section 214 of the Illinois Domestic Violence Act of 13 1986, in a valid order of protection, which is 14 authorized under the laws of another state, tribe or 15 United States territory, 16 (iii) any other remedy when the act 17 constitutes a crime against the protected parties as 18 the term protected parties is defined in Section 19 112A-4 of the Code of Criminal Procedure of 1963; 20 and 21 (2) Such violation occurs after the offender has 22 been served notice of the contents of the order, pursuant 23 to the Illinois Domestic Violence Act of 1986 or any 24 substantially similar statute of another state, tribe or 25 United States territory, or otherwise has acquired actual 26 knowledge of the contents of the order. 27 An order of protection issued by a state, tribal or 28 territorial court related to domestic or family violence 29 shall be deemed valid if the issuing court had jurisdiction 30 over the parties and matter under the law of the state, tribe 31 or territory. There shall be a presumption of validity where 32 an order is certified and appears authentic on its face. 33 (a-5) Failure to provide reasonable notice and 34 opportunity to be heard shall be an affirmative defense to HB4081 Enrolled -15- LRB9212174RCsbA 1 any charge or process filed seeking enforcement of a foreign 2 order of protection. 3 (b) For purposes of this Section, an "order of 4 protection" may have been issued in a criminal or civil 5 proceeding. 6 (c) Nothing in this Section shall be construed to 7 diminish the inherent authority of the courts to enforce 8 their lawful orders through civil or criminal contempt 9 proceedings. 10 (d) Violation of an order of protection under subsection 11 (a) of this Section is a Class A misdemeanor. Violation of an 12 order of protection under subsection (a) of this Section is a 13 Class 4 felony if the defendant has any prior conviction 14 under this Code for domestic battery (Section 12-3.2) or 15 violation of an order of protection (Section 12-30). 16 Violation of an order of protection is a Class 4 felony if 17 the defendant has any prior conviction under this Code for 18 first degree murder (Section 9-1), attempt to commit first 19 degree murder (Section 8-4), aggravated domestic battery 20 (Section 12-3.3), aggravated battery (Section 12-4), heinous 21 battery (Section 12-4.1), aggravated battery with a firearm 22 (Section 12-4.2), aggravated battery of a child (Section 23 12-4.3), aggravated battery of an unborn child (Section 24 12-4.4), aggravated battery of a senior citizen (Section 25 12-4.6), stalking (Section 12-7.3), aggravated stalking 26 (Section 12-7.4), criminal sexual assault (Section 12-13), 27 aggravated criminal sexual assault (12-14), kidnapping 28 (Section 10-1), aggravated kidnapping (Section 10-2), 29 predatory criminal sexual assault of a child (Section 30 12-14.1), aggravated criminal sexual abuse (Section 12-16), 31 unlawful restraint (Section 10-3),oraggravated unlawful 32 restraint (Section 10-3.1), aggravated arson (Section 33 20-1.1), or aggravated discharge of a firearm (Section 34 24-1.2), when any of these offenses have been committed HB4081 Enrolled -16- LRB9212174RCsbA 1 against a family or household member as defined in Section 2 112A-3 of the Code of Criminal Procedure of 1963. The court 3 shall impose a minimum penalty of 24 hours imprisonment for 4 defendant's second or subsequent violation of any order of 5 protection; unless the court explicitly finds that an 6 increased penalty or such period of imprisonment would be 7 manifestly unjust. In addition to any other penalties, the 8 court may order the defendant to pay a fine as authorized 9 under Section 5-9-1 of the Unified Code of Corrections or to 10 make restitution to the victim under Section 5-5-6 of the 11 Unified Code of Corrections. In addition to any other 12 penalties, including those imposed by Section 5-9-1.5 of the 13 Unified Code of Corrections, the court shall impose an 14 additional fine of $20 as authorized by Section 5-9-1.11 of 15 the Unified Code of Corrections upon any person convicted of 16 or placed on supervision for a violation of this Section. 17 The additional fine shall be imposed for each violation of 18 this Section. 19 (e) The limitations placed on law enforcement liability 20 by Section 305 of the Illinois Domestic Violence Act of 1986 21 apply to actions taken under this Section. 22 (Source: P.A. 90-241, eff. 1-1-98; 90-732, eff. 8-11-98; 23 90-734, eff. 1-1-99; 91-112, eff. 10-1-99; 91-357, eff. 24 7-29-99.) 25 Section 10. The Wrongs to Children Act is amended by 26 changing Section 5.1 as follows: 27 (720 ILCS 150/5.1) (from Ch. 23, par. 2355.1) 28 Sec. 5.1. Permitting sexual abuse of a child. 29 (a) A person responsible for a child's welfare commits 30 the offense of permitting sexual abuse of a child if he or 31 she has actual knowledge of and permits an act of sexual 32 abuse upon the child, or permits the child to engage in HB4081 Enrolled -17- LRB9212174RCsbA 1 prostitution as defined in Section 11-14 of the Criminal Code 2 of 1961. 3 (b) In this Section: 4 "Child" means a minor under the age of 17 years. 5 "Person responsible for the child's welfare" means the 6 child's parent, step-parent, legal guardian, or other person 7 having custody of a child, who is responsible for the child's 8 care at the time of the alleged sexual abuse. 9 "Sexual abuse" includes criminal sexual abuse or criminal 10 sexual assault as defined in Section 12-13, 12-14, 12-14.1, 11 12-15, or 12-16 of the Criminal Code of 1961. 12 "Prostitution" means prostitution as defined in Section 13 11-14 of the Criminal Code of 1961. 14 "Actual knowledge" includes credible allegations made by 15 the child. 16 (c) This Section does not apply to a person responsible 17 for the child's welfare who, having reason to believe that 18 sexual abuse has occurred, makes timely and reasonable 19 efforts to stop the sexual abuse by reporting the sexual 20 abuse in conformance with the Abused and Neglected Child 21 Reporting Act or by reporting the sexual abuse, or causing a 22 report to be made, to medical or law enforcement authorities 23 or anyone who is a mandated reporter under Section 4 of the 24 Abused and Neglected Child Reporting Act. 25 (d) Whenever a law enforcement officer has reason to 26 believe that the child or the person responsible for the 27 child's welfare has been abused by a family or household 28 member as defined by the Illinois Domestic Violence Act of 29 1986, the officer shall immediately use all reasonable means 30 to prevent further abuse under Section 112A-30 of the Code of 31 Criminal Procedure of 1963. 32 (e) An order of protection under Section 111-8 of the 33 Code of Criminal Procedure of 1963 shall be sought in all 34 cases where there is reason to believe that a child has been HB4081 Enrolled -18- LRB9212174RCsbA 1 sexually abused by a family or household member. In 2 considering appropriate available remedies, it shall be 3 presumed that awarding physical care or custody to the abuser 4 is not in the child's best interest. 5 (f) A person may not be charged with the offense of 6 permitting sexual abuse of a child under this Section until 7 the person who committed the offense is charged with criminal 8 sexual assault, aggravated criminal sexual assault, predatory 9 criminal sexual assault of a child, criminal sexual abuse, 10 aggravated criminal sexual abuse, or prostitution. 11 (g) A person convicted of permitting the sexual abuse of 12 a child is guilty of a Class 1 felony. As a condition of any 13 sentence of supervision, probation, conditional discharge, or 14 mandatory supervised release, any person convicted under this 15 Section shall be ordered to undergo child sexual abuse, 16 domestic violence, or other appropriate counseling for a 17 specified duration with a qualified social or mental health 18 worker. 19 (h) It is an affirmative defense to a charge of 20 permitting sexual abuse of a child under this Section that 21 the person responsible for the child's welfare had a 22 reasonable apprehension that timely action to stop the abuse 23 or prostitution would result in the imminent infliction of 24 death, great bodily harm, permanent disfigurement, or 25 permanent disability to that person or another in retaliation 26 for reporting.A. A parent, step-parent, legal guardian, or27other person having custody of a child who knowingly allows28or permits an act of criminal sexual abuse or criminal sexual29assault as defined in Section 12-13, 12-14, 12-14.1, 12-15 or3012-16 of the Criminal Code of 1961, upon his or her child, or31knowingly permits, induces, promotes, or arranges for the32child to engage in prostitution as defined in Section 11-1433of the Criminal Code of 1961, and fails to take reasonable34steps to prevent its commission or future occurrences of suchHB4081 Enrolled -19- LRB9212174RCsbA 1acts commits the offense of permitting the sexual abuse of a2child. For purposes of this Section, "child" means a minor3under the age of 17 years.4B. Any person convicted of permitting the sexual abuse5of a child is guilty of a Class 1 felony.6 (Source: P.A. 91-696, eff. 4-13-00.) 7 Section 99. Effective date. This Act takes effect upon 8 becoming law.