Public Act 095-0983
 
SB2349 Enrolled LRB095 19641 RLC 45985 b

    AN ACT concerning criminal law, which may be referred to as
the Child Protection Act of 2008.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Illinois Child Online Exploitation Reporting Act.
 
    Section 5. Definitions. As used in this Act unless the
context otherwise requires:
    "Electronic communications service" means any service
which provides to users thereof the ability to send or receive
wire or electronic communications.
    "Remote computing service" means the provision to the
public of computer storage or processing services by means of
an electronic communications system.
 
    Section 10. Registration. Any entity, subject to the
reporting requirements of 42 U.S.C. 13032, while engaged in
providing an electronic communications service or a remote
computing service to the public, must provide the following
information to the Cyber Tipline at the National Center for
Missing and Exploited Children in order to facilitate the
required reporting of child pornography crimes, pursuant to 42
U.S.C. 13032:
    (a) the agent's name, phone number, and email address; and
    (b) the name of the agent's employer.
 
    Section 15. Scope. This Act is applicable to electronic
communications services and remote computing services
incorporated or organized under the laws of this State or
maintaining property or assets in this State.
 
    Section 20. Penalties. A provider of electronic
communications services or remote computing services who
violates this Act by failing to register under Section 10 is
subject to a civil penalty in an amount not to exceed $500 for
each day that the violation continues. The Attorney General may
bring an action in the name of the People of the State of
Illinois to enforce the provisions of this Act.
 
    Section 105. The Criminal Code of 1961 is amended by
changing Sections 11-9.4, 11-20.2, 11-21, 11-23, and 11-24 and
by adding Sections 10-8.1 and 11-6.6 as follows:
 
    (720 ILCS 5/10-8.1 new)
    Sec. 10-8.1. Unlawful sending of a public conveyance travel
ticket to a minor.
    (a) In this Section, "public conveyance" has the meaning
ascribed to it in Section 10-8 of this Code.
    (b) A person commits the offense of unlawful sending of a
public conveyance travel ticket to a minor when the person
without the consent of the minor's parent or guardian:
        (1) knowingly sends, causes to be sent, or purchases a
    public conveyance travel ticket to any location for a
    person known by the offender to be an unemancipated minor
    under 17 years of age or a person he or she believes to be a
    minor under 17 years of age, other than for a lawful
    purpose under Illinois law; or
        (2) knowingly arranges for travel to any location on
    any public conveyance for a person known by the offender to
    be an unemancipated minor under 17 years of age or a person
    he or she believes to be a minor under 17 years of age,
    other than for a lawful purpose under Illinois law.
    (b-5) Telecommunications carriers, commercial mobile
service providers, and providers of information services,
including, but not limited to, Internet service providers and
hosting service providers, are not liable under this Section,
except for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
    (c) Sentence. Unlawful sending of a public conveyance
travel ticket to a minor is a Class A misdemeanor. A person who
commits unlawful sending of a public conveyance travel ticket
to a minor who believes that he or she is at least 5 years older
than the minor is guilty of a Class 4 felony.
 
    (720 ILCS 5/11-6.6 new)
    Sec. 11-6.6. Solicitation to meet a child.
    (a) A person of the age of 18 or more years commits the
offense of solicitation to meet a child if the person while
using a computer, cellular telephone, or any other device, with
the intent to meet a child or one whom he or she believes to be
a child, solicits, entices, induces, or arranges with the child
to meet at a location without the knowledge of the child's
parent or guardian and the meeting with the child is arranged
for a purpose other than a lawful purpose under Illinois law.
    (b) Sentence. Solicitation to meet a child is a Class A
misdemeanor. Solicitation to meet a child is a Class 4 felony
when the solicitor believes he or she is 5 or more years older
than the child.
    (c) For purposes of this Section, "child" means any person
under 17 years of age; and "computer" has the meaning ascribed
to it in Section 16D-2 of this Code.
 
    (720 ILCS 5/11-9.4)
    (Text of Section after amendment by P.A. 95-640)
    Sec. 11-9.4. Approaching, contacting, residing, or
communicating with a child within certain places by child sex
offenders prohibited.
    (a) It is unlawful for a child sex offender to knowingly be
present in any public park building or on real property
comprising any public park when persons under the age of 18 are
present in the building or on the grounds and to approach,
contact, or communicate with a child under 18 years of age,
unless the offender is a parent or guardian of a person under
18 years of age present in the building or on the grounds.
    (b) It is unlawful for a child sex offender to knowingly
loiter on a public way within 500 feet of a public park
building or real property comprising any public park while
persons under the age of 18 are present in the building or on
the grounds and to approach, contact, or communicate with a
child under 18 years of age, unless the offender is a parent or
guardian of a person under 18 years of age present in the
building or on the grounds.
    (b-5) It is unlawful for a child sex offender to knowingly
reside within 500 feet of a playground, child care institution,
day care center, part day child care facility, or a facility
providing programs or services exclusively directed toward
persons under 18 years of age. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a playground or a facility providing programs or services
exclusively directed toward persons under 18 years of age if
the property is owned by the child sex offender and was
purchased before the effective date of this amendatory Act of
the 91st General Assembly. Nothing in this subsection (b-5)
prohibits a child sex offender from residing within 500 feet of
a child care institution, day care center, or part day child
care facility if the property is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 94th General Assembly.
    (b-6) It is unlawful for a child sex offender to knowingly
reside within 500 feet of the victim of the sex offense.
Nothing in this subsection (b-6) prohibits a child sex offender
from residing within 500 feet of the victim if the property in
which the child sex offender resides is owned by the child sex
offender and was purchased before the effective date of this
amendatory Act of the 92nd General Assembly.
    This subsection (b-6) does not apply if the victim of the
sex offense is 21 years of age or older.
    (b-7) It is unlawful for a child sex offender to knowingly
communicate, other than for a lawful purpose under Illinois
law, using the Internet or any other digital media, with a
person under 18 years of age or with a person whom he or she
believes to be a person under 18 years of age, unless the
offender is a parent or guardian of the person under 18 years
of age.
    (c) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, volunteer at, be associated
with, or knowingly be present at any: (i) facility providing
programs or services exclusively directed towards persons
under the age of 18; (ii) day care center; (iii) part day child
care facility; (iv) child care institution, or (v) school
providing before and after school programs for children under
18 years of age. This does not prohibit a child sex offender
from owning the real property upon which the programs or
services are offered or upon which the day care center, part
day child care facility, child care institution, or school
providing before and after school programs for children under
18 years of age is located, provided the child sex offender
refrains from being present on the premises for the hours
during which: (1) the programs or services are being offered or
(2) the day care center, part day child care facility, child
care institution, or school providing before and after school
programs for children under 18 years of age is operated.
    (c-5) It is unlawful for a child sex offender to knowingly
operate, manage, be employed by, or be associated with any
county fair when persons under the age of 18 are present.
    (d) Definitions. In this Section:
        (1) "Child sex offender" means any person who:
            (i) has been charged under Illinois law, or any
        substantially similar federal law or law of another
        state, with a sex offense set forth in paragraph (2) of
        this subsection (d) or the attempt to commit an
        included sex offense, and:
                (A) is convicted of such offense or an attempt
            to commit such offense; or
                (B) is found not guilty by reason of insanity
            of such offense or an attempt to commit such
            offense; or
                (C) is found not guilty by reason of insanity
            pursuant to subsection (c) of Section 104-25 of the
            Code of Criminal Procedure of 1963 of such offense
            or an attempt to commit such offense; or
                (D) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            subsection (a) of Section 104-25 of the Code of
            Criminal Procedure of 1963 for the alleged
            commission or attempted commission of such
            offense; or
                (E) is found not guilty by reason of insanity
            following a hearing conducted pursuant to a
            federal law or the law of another state
            substantially similar to subsection (c) of Section
            104-25 of the Code of Criminal Procedure of 1963 of
            such offense or of the attempted commission of such
            offense; or
                (F) is the subject of a finding not resulting
            in an acquittal at a hearing conducted pursuant to
            a federal law or the law of another state
            substantially similar to subsection (a) of Section
            104-25 of the Code of Criminal Procedure of 1963
            for the alleged violation or attempted commission
            of such offense; or
            (ii) is certified as a sexually dangerous person
        pursuant to the Illinois Sexually Dangerous Persons
        Act, or any substantially similar federal law or the
        law of another state, when any conduct giving rise to
        such certification is committed or attempted against a
        person less than 18 years of age; or
            (iii) is subject to the provisions of Section 2 of
        the Interstate Agreements on Sexually Dangerous
        Persons Act.
        Convictions that result from or are connected with the
    same act, or result from offenses committed at the same
    time, shall be counted for the purpose of this Section as
    one conviction. Any conviction set aside pursuant to law is
    not a conviction for purposes of this Section.
        (2) Except as otherwise provided in paragraph (2.5),
    "sex offense" means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961: 10-7 (aiding and abetting
        child abduction under Section 10-5(b)(10)),
        10-5(b)(10) (child luring), 11-6 (indecent
        solicitation of a child), 11-6.5 (indecent
        solicitation of an adult), 11-9 (public indecency when
        committed in a school, on the real property comprising
        a school, on a conveyance owned, leased, or contracted
        by a school to transport students to or from school or
        a school related activity, or in a public park), 11-9.1
        (sexual exploitation of a child), 11-15.1 (soliciting
        for a juvenile prostitute), 11-17.1 (keeping a place of
        juvenile prostitution), 11-18.1 (patronizing a
        juvenile prostitute), 11-19.1 (juvenile pimping),
        11-19.2 (exploitation of a child), 11-20.1 (child
        pornography), 11-20.3 (aggravated child pornography),
        11-21 (harmful material), 12-14.1 (predatory criminal
        sexual assault of a child), 12-33 (ritualized abuse of
        a child), 11-20 (obscenity) (when that offense was
        committed in any school, on real property comprising
        any school, on any conveyance owned, leased, or
        contracted by a school to transport students to or from
        school or a school related activity, or in a public
        park). An attempt to commit any of these offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-15 (criminal sexual abuse), 12-16 (aggravated
        criminal sexual abuse). An attempt to commit any of
        these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in
        clause (2)(i) of this subsection (d).
        (2.5) For the purposes of subsection (b-5) only, a sex
    offense means:
            (i) A violation of any of the following Sections of
        the Criminal Code of 1961:
                10-5(b)(10) (child luring), 10-7 (aiding and
            abetting child abduction under Section
            10-5(b)(10)), 11-6 (indecent solicitation of a
            child), 11-6.5 (indecent solicitation of an
            adult), 11-15.1 (soliciting for a juvenile
            prostitute), 11-17.1 (keeping a place of juvenile
            prostitution), 11-18.1 (patronizing a juvenile
            prostitute), 11-19.1 (juvenile pimping), 11-19.2
            (exploitation of a child), 11-20.1 (child
            pornography), 11-20.3 (aggravated child
            pornography), 12-14.1 (predatory criminal sexual
            assault of a child), or 12-33 (ritualized abuse of
            a child). An attempt to commit any of these
            offenses.
            (ii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age: 12-13 (criminal sexual
        assault), 12-14 (aggravated criminal sexual assault),
        12-16 (aggravated criminal sexual abuse), and
        subsection (a) of Section 12-15 (criminal sexual
        abuse). An attempt to commit any of these offenses.
            (iii) A violation of any of the following Sections
        of the Criminal Code of 1961, when the victim is a
        person under 18 years of age and the defendant is not a
        parent of the victim:
            10-1 (kidnapping),
            10-2 (aggravated kidnapping),
            10-3 (unlawful restraint),
            10-3.1 (aggravated unlawful restraint).
            An attempt to commit any of these offenses.
            (iv) A violation of any former law of this State
        substantially equivalent to any offense listed in this
        paragraph (2.5) of this subsection.
        (3) A conviction for an offense of federal law or the
    law of another state that is substantially equivalent to
    any offense listed in paragraph (2) of this subsection (d)
    shall constitute a conviction for the purpose of this
    Section. A finding or adjudication as a sexually dangerous
    person under any federal law or law of another state that
    is substantially equivalent to the Sexually Dangerous
    Persons Act shall constitute an adjudication for the
    purposes of this Section.
        (4) "Public park" includes a park, forest preserve, or
    conservation area under the jurisdiction of the State or a
    unit of local government.
        (5) "Facility providing programs or services directed
    towards persons under the age of 18" means any facility
    providing programs or services exclusively directed
    towards persons under the age of 18.
        (6) "Loiter" means:
            (i) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property.
            (ii) Standing, sitting idly, whether or not the
        person is in a vehicle or remaining in or around public
        park property, for the purpose of committing or
        attempting to commit a sex offense.
        (7) "Playground" means a piece of land owned or
    controlled by a unit of local government that is designated
    by the unit of local government for use solely or primarily
    for children's recreation.
        (8) "Child care institution" has the meaning ascribed
    to it in Section 2.06 of the Child Care Act of 1969.
        (9) "Day care center" has the meaning ascribed to it in
    Section 2.09 of the Child Care Act of 1969.
        (10) "Part day child care facility" has the meaning
    ascribed to it in Section 2.10 of the Child Care Act of
    1969.
        (11) "Internet" means an interactive computer service
    or system or an information service, system, or access
    software provider that provides or enables computer access
    by multiple users to a computer server, and includes, but
    is not limited to, an information service, system, or
    access software provider that provides access to a network
    system commonly known as the Internet, or any comparable
    system or service and also includes, but is not limited to,
    a World Wide Web page, newsgroup, message board, mailing
    list, or chat area on any interactive computer service or
    system or other online service.
    (e) Sentence. A person who violates this Section is guilty
of a Class 4 felony.
(Source: P.A. 94-925, eff. 6-26-06; 95-32, eff. 1-1-08; 95-640,
eff. 6-1-08; revised 10-30-07.)
 
    (720 ILCS 5/11-20.2)  (from Ch. 38, par. 11-20.2)
    Sec. 11-20.2. Duty to report child pornography.
    (a) Any commercial film and photographic print processor or
computer technician who has knowledge of or observes, within
the scope of his professional capacity or employment, any film,
photograph, videotape, negative, or slide, computer hard drive
or any other magnetic or optical media which depicts a child
whom the processor or computer technician knows or reasonably
should know to be under the age of 18 where such child is:
    (i) actually or by simulation engaged in any act of sexual
penetration or sexual conduct intercourse with any person or
animal; or
    (ii) actually or by simulation engaged in any act of sexual
penetration or sexual conduct contact involving the sex organs
of the child and the mouth, anus, or sex organs of another
person or animal; or which involves the mouth, anus or sex
organs of the child and the sex organs of another person or
animal; or
    (iii) actually or by simulation engaged in any act of
masturbation; or
    (iv) actually or by simulation portrayed as being the
object of, or otherwise engaged in, any act of lewd fondling,
touching, or caressing involving another person or animal; or
    (v) actually or by simulation engaged in any act of
excretion or urination within a sexual context; or
    (vi) actually or by simulation portrayed or depicted as
bound, fettered, or subject to sadistic, masochistic, or
sadomasochistic abuse in any sexual context; or
    (vii) depicted or portrayed in any pose, posture or setting
involving a lewd exhibition of the unclothed or transparently
clothed genitals, pubic area, buttocks, or, if such person is
female, a fully or partially developed breast of the child or
other person;
shall report or cause a report to be made pursuant to
subsections (b) and (c) such instance to a peace officer
immediately or as soon as reasonably possible. Failure to make
such report shall be a business offense with a fine of $1,000.
    (b) Commercial film and photographic film processors shall
report or cause a report to be made to the local law
enforcement agency of the jurisdiction in which the image or
images described in subsection (a) are discovered.
    (c) Computer technicians shall report or cause the report
to be made to the local law enforcement agency of the
jurisdiction in which the image or images described in
subsection (a) are discovered or to the Illinois Child
Exploitation e-Tipline at reportchildporn@atg.state.il.us.
    (d) Reports required by this Act shall include the
following information: (i) name, address, and telephone number
of the person filing the report; (ii) the employer of the
person filing the report, if any; (iii) the name, address and
telephone number of the person whose property is the subject of
the report, if known; (iv) the circumstances which led to the
filing of the report, including a description of the reported
content.
    (e) If a report is filed with the Cyber Tipline at the
National Center for Missing and Exploited Children or in
accordance with the requirements of 42 U.S.C. 13032, the
requirements of this Act will be deemed to have been met.
    (f) A computer technician or an employer caused to report
child pornography under this Section is immune from any
criminal, civil, or administrative liability in connection
with making the report, except for willful or wanton
misconduct.
    (g) For the purposes of this Section, a "computer
technician" is a person who installs, maintains,
troubleshoots, repairs or upgrades computer hardware,
software, computer networks, peripheral equipment, electronic
mail systems, or provides user assistance for any of the
aforementioned tasks.
(Source: P.A. 84-1280.)
 
    (720 ILCS 5/11-21)  (from Ch. 38, par. 11-21)
    Sec. 11-21. Harmful material.
    (a) As used in this Section:
        "Distribute" means transfer possession of, whether
    with or without consideration.
        "Harmful to minors" means that quality of any
    description or representation, in whatever form, of
    nudity, sexual conduct, sexual excitement, or
    sado-masochistic abuse, when, taken as a whole, it (i)
    predominately appeals to the prurient interest in sex of
    minors, (ii) is patently offensive to prevailing standards
    in the adult community in the State as a whole with respect
    to what is suitable material for minors, and (iii) lacks
    serious literary, artistic, political, or scientific value
    for minors.
        "Knowingly" means having knowledge of the contents of
    the subject matter, or recklessly failing to exercise
    reasonable inspection which would have disclosed the
    contents.
        "Material" means (i) any picture, photograph, drawing,
    sculpture, film, video game, computer game, video or
    similar visual depiction, including any such
    representation or image which is stored electronically, or
    (ii) any book, magazine, printed matter however
    reproduced, or recorded audio of any sort.
        "Minor" means any person under the age of 18.
        "Nudity" means the showing of the human male or female
    genitals, pubic area or buttocks with less than a full
    opaque covering, or the showing of the female breast with
    less than a fully opaque covering of any portion below the
    top of the nipple, or the depiction of covered male
    genitals in a discernably turgid state.
        "Sado-masochistic abuse" means flagellation or torture
    by or upon a person clad in undergarments, a mask or
    bizarre costume, or the condition of being fettered, bound
    or otherwise physically restrained on the part of one
    clothed for sexual gratification or stimulation.
        "Sexual conduct" means acts of masturbation, sexual
    intercourse, or physical contact with a person's clothed or
    unclothed genitals, pubic area, buttocks or, if such person
    be a female, breast.
        "Sexual excitement" means the condition of human male
    or female genitals when in a state of sexual stimulation or
    arousal.
    (b) A person is guilty of distributing harmful material to
a minor when he or she:
        (1) knowingly sells, lends, distributes, or gives away
    to a minor, knowing that the minor is under the age of 18
    or failing to exercise reasonable care in ascertaining the
    person's true age:
            (A) any material which depicts nudity, sexual
        conduct or sado-masochistic abuse, or which contains
        explicit and detailed verbal descriptions or narrative
        accounts of sexual excitement, sexual conduct or
        sado-masochistic abuse, and which taken as a whole is
        harmful to minors;
            (B) a motion picture, show, or other presentation
        which depicts nudity, sexual conduct or
        sado-masochistic abuse and is harmful to minors; or
            (C) an admission ticket or pass to premises where
        there is exhibited or to be exhibited such a motion
        picture, show, or other presentation; or
        (2) admits a minor to premises where there is exhibited
    or to be exhibited such a motion picture, show, or other
    presentation, knowing that the minor is a person under the
    age of 18 or failing to exercise reasonable care in
    ascertaining the person's true age.
    (c) In any prosecution arising under this Section, it is an
affirmative defense:
        (1) that the minor as to whom the offense is alleged to
    have been committed exhibited to the accused a draft card,
    driver's license, birth certificate or other official or
    apparently official document purporting to establish that
    the minor was 18 years of age or older, which was relied
    upon by the accused;
        (2) that the defendant was in a parental or
    guardianship relationship with the minor or that the minor
    was accompanied by a parent or legal guardian;
        (3) that the defendant was a bona fide school, museum,
    or public library, or was a person acting in the course of
    his or her employment as an employee or official of such
    organization or retail outlet affiliated with and serving
    the educational purpose of such organization;
        (4) that the act charged was committed in aid of
    legitimate scientific or educational purposes; or
        (5) that an advertisement of harmful material as
    defined in this Section culminated in the sale or
    distribution of such harmful material to a child under
    circumstances where there was no personal confrontation of
    the child by the defendant, his employees, or agents, as
    where the order or request for such harmful material was
    transmitted by mail, telephone, Internet or similar means
    of communication, and delivery of such harmful material to
    the child was by mail, freight, Internet or similar means
    of transport, which advertisement contained the following
    statement, or a substantially similar statement, and that
    the defendant required the purchaser to certify that he or
    she was not under the age of 18 and that the purchaser
    falsely stated that he or she was not under the age of 18:
    "NOTICE: It is unlawful for any person under the age of 18
    to purchase the matter advertised. Any person under the age
    of 18 that falsely states that he or she is not under the
    age of 18 for the purpose of obtaining the material
    advertised is guilty of a Class B misdemeanor under the
    laws of the State."
    (d) The predominant appeal to prurient interest of the
material shall be judged with reference to average children of
the same general age of the child to whom such material was
sold, lent, distributed or given, unless it appears from the
nature of the matter or the circumstances of its dissemination
or distribution that it is designed for specially susceptible
groups, in which case the predominant appeal of the material
shall be judged with reference to its intended or probable
recipient group.
    (e) Distribution of harmful material in violation of this
Section is a Class A misdemeanor. A second or subsequent
offense is a Class 4 felony.
    (f) Any person under the age of 18 that falsely states,
either orally or in writing, that he or she is not under the
age of 18, or that presents or offers to any person any
evidence of age and identity that is false or not actually his
or her own for the purpose of ordering, obtaining, viewing, or
otherwise procuring or attempting to procure or view any
harmful material is guilty of a Class B misdemeanor.
    (g) A person over the age of 18 who fails to exercise
reasonable care in ascertaining the true age of a minor,
knowingly distributes to, or sends, or causes to be sent, or
exhibits to, or offers to distribute, or exhibits any harmful
material to a person that he or she believes is a minor is
guilty of a Class A misdemeanor. If that person utilized a
computer web camera, cellular telephone, or any other type of
device to manufacture the harmful material, then each offense
is a Class 4 felony.
    (h) Telecommunications carriers, commercial mobile service
providers, and providers of information services, including,
but not limited to, Internet service providers and hosting
service providers, are not liable under this Section, except
for willful and wanton misconduct, by virtue of the
transmission, storage, or caching of electronic communications
or messages of others or by virtue of the provision of other
related telecommunications, commercial mobile services, or
information services used by others in violation of this
Section.
(Source: P.A. 94-315, eff. 1-1-06.)
 
    (720 ILCS 5/11-23)
    Sec. 11-23. Posting of identifying or graphic information
on a pornographic Internet site or possessing graphic
information with pornographic material.
    (a) A person at least 17 years of age who discloses on an
adult obscenity or child pornography Internet site the name,
address, telephone number, or e-mail address of a person under
17 years of age at the time of the commission of the offense or
of a person at least 17 years of age without the consent of the
person at least 17 years of age is guilty of the offense of
posting of identifying information on a pornographic Internet
site.
    (a-5) Any person who places, posts, reproduces, or
maintains on an adult obscenity or child pornography Internet
site a photograph, video, or digital image of a person under 18
years of age that is not child pornography under Section
11-20.1, without the knowledge and consent of the person under
18 years of age, is guilty of the offense of posting of graphic
information on a pornographic Internet site. This provision
applies even if the person under 18 years of age is fully or
properly clothed in the photograph, video, or digital image.
    (a-10) Any person who places, posts, reproduces, or
maintains on an adult obscenity or child pornography Internet
site, or possesses with obscene or child pornographic material
a photograph, video, or digital image of a person under 18
years of age in which the child is posed in a suggestive manner
with the focus or concentration of the image on the child's
clothed genitals, clothed pubic area, clothed buttocks area, or
if the child is female, the breast exposed through transparent
clothing, and the photograph, video, or digital image is not
child pornography under Section 11-20.1, is guilty of posting
of graphic information on a pornographic Internet site or
possessing graphic information with pornographic material.
    (b) Sentence. A person who violates subsection (a) of this
Section is guilty of a Class 4 felony if the victim is at least
17 years of age at the time of the offense and a Class 3 felony
if the victim is under 17 years of age at the time of the
offense. A person who violates subsection (a-5) of this Section
is guilty of a Class 4 felony. A person who violates subsection
(a-10) of this Section is guilty of a Class 3 felony.
    (c) Definitions. For purposes of this Section:
        (1) "Adult obscenity or child pornography Internet
    site" means a site on the Internet that contains material
    that is obscene as defined in Section 11-20 of this Code or
    that is child pornography as defined in Section 11-20.1 of
    this Code.
        (2) "Internet" includes the World Wide Web, electronic
    mail, a news group posting, or Internet file transfer.
(Source: P.A. 91-222, eff. 7-22-99.)
 
    (720 ILCS 5/11-24)
    Sec. 11-24. Child photography by sex offender.
    (a) In this Section:
        "Child" means a person under 18 years of age.
        "Child sex offender" has the meaning ascribed to it in
    Section 11-9.3 of this Code.
    (b) It is unlawful for a child sex offender to knowingly:
        (1) conduct or operate any type of business in which he
    or she photographs, videotapes, or takes a digital image of
    a child; or
        (2) conduct or operate any type of business in which he
    or she instructs or directs another person to photograph,
    videotape, or take a digital image of a child; or .
        (3) photograph, videotape, or take a digital image of a
    child, or instruct or direct another person to photograph,
    videotape, or take a digital image of a child without the
    consent of the parent or guardian.
    (c) Sentence. A violation of this Section is a Class 2
felony. A person who violates this Section at a playground,
park facility, school, forest preserve, day care facility, or
at a facility providing programs or services directed to
persons under 17 years of age is guilty of a Class 1 felony.
(Source: P.A. 93-905, eff. 1-1-05.)
 
    Section 110. The Unified Code of Corrections is amended by
changing Sections 3-3-7, 5-6-3, 5-6-3.1, and 5-8-1 as follows:
 
    (730 ILCS 5/3-3-7)  (from Ch. 38, par. 1003-3-7)
    (Text of Section after amendment by P.A. 95-464, 95-579,
and 95-640)
    Sec. 3-3-7. Conditions of Parole or Mandatory Supervised
Release.
    (a) The conditions of parole or mandatory supervised
release shall be such as the Prisoner Review Board deems
necessary to assist the subject in leading a law-abiding life.
The conditions of every parole and mandatory supervised release
are that the subject:
        (1) not violate any criminal statute of any
    jurisdiction during the parole or release term;
        (2) refrain from possessing a firearm or other
    dangerous weapon;
        (3) report to an agent of the Department of
    Corrections;
        (4) permit the agent to visit him or her at his or her
    home, employment, or elsewhere to the extent necessary for
    the agent to discharge his or her duties;
        (5) attend or reside in a facility established for the
    instruction or residence of persons on parole or mandatory
    supervised release;
        (6) secure permission before visiting or writing a
    committed person in an Illinois Department of Corrections
    facility;
        (7) report all arrests to an agent of the Department of
    Corrections as soon as permitted by the arresting authority
    but in no event later than 24 hours after release from
    custody;
        (7.5) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, the individual shall
    undergo and successfully complete sex offender treatment
    conducted in conformance with the standards developed by
    the Sex Offender Management Board Act by a treatment
    provider approved by the Board;
        (7.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders, or is in any facility operated or licensed by
    the Department of Children and Family Services or by the
    Department of Human Services, or is in any licensed medical
    facility;
        (7.7) if convicted for an offense that would qualify
    the accused as a sexual predator under the Sex Offender
    Registration Act on or after the effective date of this
    amendatory Act of the 94th General Assembly, wear an
    approved electronic monitoring device as defined in
    Section 5-8A-2 for the duration of the person's parole,
    mandatory supervised release term, or extended mandatory
    supervised release term;
        (7.8) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.8), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961, as added by
    Public Act 94-179; and a person is not related to the
    accused if the person is not: (i) the spouse, brother, or
    sister of the accused; (ii) a descendant of the accused;
    (iii) a first or second cousin of the accused; or (iv) a
    step-child or adopted child of the accused;
        (7.9) (7.8) if convicted under Section 11-6, 11-20.1,
    11-20.3, or 11-21 of the Criminal Code of 1961, consent to
    search of computers, PDAs, cellular phones, and other
    devices under his or her control that are capable of
    accessing the Internet or storing electronic files, in
    order to confirm Internet protocol addresses reported in
    accordance with the Sex Offender Registration Act and
    compliance with conditions in this Act;
        (7.10) (7.8) if convicted for an offense that would
    qualify the accused as a sex offender or sexual predator
    under the Sex Offender Registration Act on or after the
    effective date of this amendatory Act of the 95th General
    Assembly, not possess prescription drugs for erectile
    dysfunction;
        (7.11) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after the effective date of this
    amendatory Act of the 95th General Assembly:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent;
        (8) obtain permission of an agent of the Department of
    Corrections before leaving the State of Illinois;
        (9) obtain permission of an agent of the Department of
    Corrections before changing his or her residence or
    employment;
        (10) consent to a search of his or her person,
    property, or residence under his or her control;
        (11) refrain from the use or possession of narcotics or
    other controlled substances in any form, or both, or any
    paraphernalia related to those substances and submit to a
    urinalysis test as instructed by a parole agent of the
    Department of Corrections;
        (12) not frequent places where controlled substances
    are illegally sold, used, distributed, or administered;
        (13) not knowingly associate with other persons on
    parole or mandatory supervised release without prior
    written permission of his or her parole agent and not
    associate with persons who are members of an organized gang
    as that term is defined in the Illinois Streetgang
    Terrorism Omnibus Prevention Act;
        (14) provide true and accurate information, as it
    relates to his or her adjustment in the community while on
    parole or mandatory supervised release or to his or her
    conduct while incarcerated, in response to inquiries by his
    or her parole agent or of the Department of Corrections;
        (15) follow any specific instructions provided by the
    parole agent that are consistent with furthering
    conditions set and approved by the Prisoner Review Board or
    by law, exclusive of placement on electronic detention, to
    achieve the goals and objectives of his or her parole or
    mandatory supervised release or to protect the public.
    These instructions by the parole agent may be modified at
    any time, as the agent deems appropriate; and
        (16) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter.
    (b) The Board may in addition to other conditions require
that the subject:
        (1) work or pursue a course of study or vocational
    training;
        (2) undergo medical or psychiatric treatment, or
    treatment for drug addiction or alcoholism;
        (3) attend or reside in a facility established for the
    instruction or residence of persons on probation or parole;
        (4) support his dependents;
        (5) (blank);
        (6) (blank);
        (7) comply with the terms and conditions of an order of
    protection issued pursuant to the Illinois Domestic
    Violence Act of 1986, enacted by the 84th General Assembly,
    or an order of protection issued by the court of another
    state, tribe, or United States territory;
        (7.5) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (7.5), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961, as added by
    Public Act 94-179; and a person is related to the accused
    if the person is: (i) the spouse, brother, or sister of the
    accused; (ii) a descendant of the accused; (iii) a first or
    second cousin of the accused; or (iv) a step-child or
    adopted child of the accused;
        (7.6) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify as a sex offense as
    defined in the Sex Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the Department;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's supervising
        agent, a law enforcement officer, or assigned computer
        or information technology specialist, including the
        retrieval and copying of all data from the computer or
        device and any internal or external peripherals and
        removal of such information, equipment, or device to
        conduct a more thorough inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the Board, the Department or the offender's
        supervising agent; and
        (8) in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
        or
            (iv) contribute to his own support at home or in a
        foster home.
    (b-1) In addition to the conditions set forth in
subsections (a) and (b), persons required to register as sex
offenders pursuant to the Sex Offender Registration Act, upon
release from the custody of the Illinois Department of
Corrections, may be required by the Board to comply with the
following specific conditions of release:
        (1) reside only at a Department approved location;
        (2) comply with all requirements of the Sex Offender
    Registration Act;
        (3) notify third parties of the risks that may be
    occasioned by his or her criminal record;
        (4) obtain the approval of an agent of the Department
    of Corrections prior to accepting employment or pursuing a
    course of study or vocational training and notify the
    Department prior to any change in employment, study, or
    training;
        (5) not be employed or participate in any volunteer
    activity that involves contact with children, except under
    circumstances approved in advance and in writing by an
    agent of the Department of Corrections;
        (6) be electronically monitored for a minimum of 12
    months from the date of release as determined by the Board;
        (7) refrain from entering into a designated geographic
    area except upon terms approved in advance by an agent of
    the Department of Corrections. The terms may include
    consideration of the purpose of the entry, the time of day,
    and others accompanying the person;
        (8) refrain from having any contact, including written
    or oral communications, directly or indirectly, personally
    or by telephone, letter, or through a third party with
    certain specified persons including, but not limited to,
    the victim or the victim's family without the prior written
    approval of an agent of the Department of Corrections;
        (9) refrain from all contact, directly or indirectly,
    personally, by telephone, letter, or through a third party,
    with minor children without prior identification and
    approval of an agent of the Department of Corrections;
        (10) neither possess or have under his or her control
    any material that is sexually oriented, sexually
    stimulating, or that shows male or female sex organs or any
    pictures depicting children under 18 years of age nude or
    any written or audio material describing sexual
    intercourse or that depicts or alludes to sexual activity,
    including but not limited to visual, auditory, telephonic,
    or electronic media, or any matter obtained through access
    to any computer or material linked to computer access use;
        (11) not patronize any business providing sexually
    stimulating or sexually oriented entertainment nor utilize
    "900" or adult telephone numbers;
        (12) not reside near, visit, or be in or about parks,
    schools, day care centers, swimming pools, beaches,
    theaters, or any other places where minor children
    congregate without advance approval of an agent of the
    Department of Corrections and immediately report any
    incidental contact with minor children to the Department;
        (13) not possess or have under his or her control
    certain specified items of contraband related to the
    incidence of sexually offending as determined by an agent
    of the Department of Corrections;
        (14) may be required to provide a written daily log of
    activities if directed by an agent of the Department of
    Corrections;
        (15) comply with all other special conditions that the
    Department may impose that restrict the person from
    high-risk situations and limit access to potential
    victims;
        (16) take an annual polygraph exam;
        (17) maintain a log of his or her travel; or
        (18) obtain prior approval of his or her parole officer
    before driving alone in a motor vehicle.
    (c) The conditions under which the parole or mandatory
supervised release is to be served shall be communicated to the
person in writing prior to his release, and he shall sign the
same before release. A signed copy of these conditions,
including a copy of an order of protection where one had been
issued by the criminal court, shall be retained by the person
and another copy forwarded to the officer in charge of his
supervision.
    (d) After a hearing under Section 3-3-9, the Prisoner
Review Board may modify or enlarge the conditions of parole or
mandatory supervised release.
    (e) The Department shall inform all offenders committed to
the Department of the optional services available to them upon
release and shall assist inmates in availing themselves of such
optional services upon their release on a voluntary basis.
    (f) When the subject is in compliance with all conditions
of his or her parole or mandatory supervised release, the
subject shall receive a reduction of the period of his or her
parole or mandatory supervised release of 90 days upon passage
of the high school level Test of General Educational
Development during the period of his or her parole or mandatory
supervised release. This reduction in the period of a subject's
term of parole or mandatory supervised release shall be
available only to subjects who have not previously earned a
high school diploma or who have not previously passed the high
school level Test of General Educational Development.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-988, eff. 1-1-07; 95-464, eff. 6-1-08; 95-539, eff. 1-1-08;
95-579, eff. 6-1-08; 95-640, eff. 6-1-08; revised 12-26-07.)
 
    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
    (Text of Section after amendment by P.A. 95-464, 95-578,
and 95-696)
    Sec. 5-6-3. Conditions of Probation and of Conditional
Discharge.
    (a) The conditions of probation and of conditional
discharge shall be that the person:
        (1) not violate any criminal statute of any
    jurisdiction;
        (2) report to or appear in person before such person or
    agency as directed by the court;
        (3) refrain from possessing a firearm or other
    dangerous weapon;
        (4) not leave the State without the consent of the
    court or, in circumstances in which the reason for the
    absence is of such an emergency nature that prior consent
    by the court is not possible, without the prior
    notification and approval of the person's probation
    officer. Transfer of a person's probation or conditional
    discharge supervision to another state is subject to
    acceptance by the other state pursuant to the Interstate
    Compact for Adult Offender Supervision;
        (5) permit the probation officer to visit him at his
    home or elsewhere to the extent necessary to discharge his
    duties;
        (6) perform no less than 30 hours of community service
    and not more than 120 hours of community service, if
    community service is available in the jurisdiction and is
    funded and approved by the county board where the offense
    was committed, where the offense was related to or in
    furtherance of the criminal activities of an organized gang
    and was motivated by the offender's membership in or
    allegiance to an organized gang. The community service
    shall include, but not be limited to, the cleanup and
    repair of any damage caused by a violation of Section
    21-1.3 of the Criminal Code of 1961 and similar damage to
    property located within the municipality or county in which
    the violation occurred. When possible and reasonable, the
    community service should be performed in the offender's
    neighborhood. For purposes of this Section, "organized
    gang" has the meaning ascribed to it in Section 10 of the
    Illinois Streetgang Terrorism Omnibus Prevention Act;
        (7) if he or she is at least 17 years of age and has
    been sentenced to probation or conditional discharge for a
    misdemeanor or felony in a county of 3,000,000 or more
    inhabitants and has not been previously convicted of a
    misdemeanor or felony, may be required by the sentencing
    court to attend educational courses designed to prepare the
    defendant for a high school diploma and to work toward a
    high school diploma or to work toward passing the high
    school level Test of General Educational Development (GED)
    or to work toward completing a vocational training program
    approved by the court. The person on probation or
    conditional discharge must attend a public institution of
    education to obtain the educational or vocational training
    required by this clause (7). The court shall revoke the
    probation or conditional discharge of a person who wilfully
    fails to comply with this clause (7). The person on
    probation or conditional discharge shall be required to pay
    for the cost of the educational courses or GED test, if a
    fee is charged for those courses or test. The court shall
    resentence the offender whose probation or conditional
    discharge has been revoked as provided in Section 5-6-4.
    This clause (7) does not apply to a person who has a high
    school diploma or has successfully passed the GED test.
    This clause (7) does not apply to a person who is
    determined by the court to be developmentally disabled or
    otherwise mentally incapable of completing the educational
    or vocational program;
        (8) if convicted of possession of a substance
    prohibited by the Cannabis Control Act, the Illinois
    Controlled Substances Act, or the Methamphetamine Control
    and Community Protection Act after a previous conviction or
    disposition of supervision for possession of a substance
    prohibited by the Cannabis Control Act or Illinois
    Controlled Substances Act or after a sentence of probation
    under Section 10 of the Cannabis Control Act, Section 410
    of the Illinois Controlled Substances Act, or Section 70 of
    the Methamphetamine Control and Community Protection Act
    and upon a finding by the court that the person is
    addicted, undergo treatment at a substance abuse program
    approved by the court;
        (8.5) if convicted of a felony sex offense as defined
    in the Sex Offender Management Board Act, the person shall
    undergo and successfully complete sex offender treatment
    by a treatment provider approved by the Board and conducted
    in conformance with the standards developed under the Sex
    Offender Management Board Act;
        (8.6) if convicted of a sex offense as defined in the
    Sex Offender Management Board Act, refrain from residing at
    the same address or in the same condominium unit or
    apartment unit or in the same condominium complex or
    apartment complex with another person he or she knows or
    reasonably should know is a convicted sex offender or has
    been placed on supervision for a sex offense; the
    provisions of this paragraph do not apply to a person
    convicted of a sex offense who is placed in a Department of
    Corrections licensed transitional housing facility for sex
    offenders;
        (8.7) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is not
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (8.7), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961, as added by
    Public Act 94-179; and a person is not related to the
    accused if the person is not: (i) the spouse, brother, or
    sister of the accused; (ii) a descendant of the accused;
    (iii) a first or second cousin of the accused; or (iv) a
    step-child or adopted child of the accused;
        (8.8) if convicted for an offense under Section 11-6,
    11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of the Criminal
    Code of 1961, or any attempt to commit any of these
    offenses, committed on or after the effective date of this
    amendatory Act of the 95th General Assembly:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        offender's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer;
        (9) if convicted of a felony, physically surrender at a
    time and place designated by the court, his or her Firearm
    Owner's Identification Card and any and all firearms in his
    or her possession; and
        (10) if convicted of a sex offense as defined in
    subsection (a-5) of Section 3-1-2 of this Code, unless the
    offender is a parent or guardian of the person under 18
    years of age present in the home and no non-familial minors
    are present, not participate in a holiday event involving
    children under 18 years of age, such as distributing candy
    or other items to children on Halloween, wearing a Santa
    Claus costume on or preceding Christmas, being employed as
    a department store Santa Claus, or wearing an Easter Bunny
    costume on or preceding Easter.
    (b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
        (1) serve a term of periodic imprisonment under Article
    7 for a period not to exceed that specified in paragraph
    (d) of Section 5-7-1;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home;
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is convicted of a crime of
        violence as defined in Section 2 of the Crime Victims
        Compensation Act committed in a school, on the real
        property comprising a school, or within 1,000 feet of
        the real property comprising a school;
        (8) make restitution as provided in Section 5-5-6 of
    this Code;
        (9) perform some reasonable public or community
    service;
        (10) serve a term of home confinement. In addition to
    any other applicable condition of probation or conditional
    discharge, the conditions of home confinement shall be that
    the offender:
            (i) remain within the interior premises of the
        place designated for his confinement during the hours
        designated by the court;
            (ii) admit any person or agent designated by the
        court into the offender's place of confinement at any
        time for purposes of verifying the offender's
        compliance with the conditions of his confinement; and
            (iii) if further deemed necessary by the court or
        the Probation or Court Services Department, be placed
        on an approved electronic monitoring device, subject
        to Article 8A of Chapter V;
            (iv) for persons convicted of any alcohol,
        cannabis or controlled substance violation who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the offender to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer for deposit in the substance abuse services
        fund under Section 5-1086.1 of the Counties Code; and
            (v) for persons convicted of offenses other than
        those referenced in clause (iv) above and who are
        placed on an approved monitoring device as a condition
        of probation or conditional discharge, the court shall
        impose a reasonable fee for each day of the use of the
        device, as established by the county board in
        subsection (g) of this Section, unless after
        determining the inability of the defendant to pay the
        fee, the court assesses a lesser fee or no fee as the
        case may be. This fee shall be imposed in addition to
        the fees imposed under subsections (g) and (i) of this
        Section. The fee shall be collected by the clerk of the
        circuit court. The clerk of the circuit court shall pay
        all monies collected from this fee to the county
        treasurer who shall use the monies collected to defray
        the costs of corrections. The county treasurer shall
        deposit the fee collected in the county working cash
        fund under Section 6-27001 or Section 6-29002 of the
        Counties Code, as the case may be.
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986, as now or hereafter amended,
    or an order of protection issued by the court of another
    state, tribe, or United States territory. A copy of the
    order of protection shall be transmitted to the probation
    officer or agency having responsibility for the case;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer, if the defendant has been placed on
    probation or advance approval by the court, if the
    defendant was placed on conditional discharge;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of persons, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug; and
        (17) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify the accused as a child
    sex offender as defined in Section 11-9.3 or 11-9.4 of the
    Criminal Code of 1961, refrain from communicating with or
    contacting, by means of the Internet, a person who is
    related to the accused and whom the accused reasonably
    believes to be under 18 years of age; for purposes of this
    paragraph (17), "Internet" has the meaning ascribed to it
    in Section 16J-5 of the Criminal Code of 1961, as added by
    Public Act 94-179; and a person is related to the accused
    if the person is: (i) the spouse, brother, or sister of the
    accused; (ii) a descendant of the accused; (iii) a first or
    second cousin of the accused; or (iv) a step-child or
    adopted child of the accused; and .
        (18) if convicted for an offense committed on or after
    the effective date of this amendatory Act of the 95th
    General Assembly that would qualify as a sex offense as
    defined in the Sex Offender Registration Act:
            (i) not access or use a computer or any other
        device with Internet capability without the prior
        written approval of the offender's probation officer,
        except in connection with the offender's employment or
        search for employment with the prior approval of the
        offender's probation officer;
            (ii) submit to periodic unannounced examinations
        of the offender's computer or any other device with
        Internet capability by the offender's probation
        officer, a law enforcement officer, or assigned
        computer or information technology specialist,
        including the retrieval and copying of all data from
        the computer or device and any internal or external
        peripherals and removal of such information,
        equipment, or device to conduct a more thorough
        inspection;
            (iii) submit to the installation on the offender's
        computer or device with Internet capability, at the
        subject's expense, of one or more hardware or software
        systems to monitor the Internet use; and
            (iv) submit to any other appropriate restrictions
        concerning the offender's use of or access to a
        computer or any other device with Internet capability
        imposed by the offender's probation officer.
    (c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
    (d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
    (e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6 month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
    Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.
    (f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
    (g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court. The clerk of the circuit court shall pay
all moneys collected from these fees to the county treasurer
who shall use the moneys collected to defray the costs of drug
testing, alcohol testing, and electronic monitoring. The
county treasurer shall deposit the fees collected in the county
working cash fund under Section 6-27001 or Section 6-29002 of
the Counties Code, as the case may be.
    (h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court.
    (i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is made a
ward of the State under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
    A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless: (1) the
circuit court has adopted, by administrative order issued by
the chief judge, a standard probation fee guide determining an
offender's ability to pay, under guidelines developed by the
Administrative Office of the Illinois Courts; and (2) the
circuit court has authorized, by administrative order issued by
the chief judge, the creation of a Crime Victim's Services
Fund, to be administered by the Chief Judge or his or her
designee, for services to crime victims and their families. Of
the amount collected as a probation fee, up to $5 of that fee
collected per month may be used to provide services to crime
victims and their families.
    This amendatory Act of the 93rd General Assembly deletes
the $10 increase in the fee under this subsection that was
imposed by Public Act 93-616. This deletion is intended to
control over any other Act of the 93rd General Assembly that
retains or incorporates that fee increase.
    (i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-556, eff. 9-11-05; 95-331, eff. 8-21-07; 95-464, eff.
6-1-08; 95-578, eff. 6-1-08; 95-696, eff. 6-1-08; revised
12-26-07.)
 
    (730 ILCS 5/5-6-3.1)  (from Ch. 38, par. 1005-6-3.1)
    (Text of Section after amendment by P.A. 95-464 and 95-696)
    Sec. 5-6-3.1. Incidents and Conditions of Supervision.
    (a) When a defendant is placed on supervision, the court
shall enter an order for supervision specifying the period of
such supervision, and shall defer further proceedings in the
case until the conclusion of the period.
    (b) The period of supervision shall be reasonable under all
of the circumstances of the case, but may not be longer than 2
years, unless the defendant has failed to pay the assessment
required by Section 10.3 of the Cannabis Control Act, Section
411.2 of the Illinois Controlled Substances Act, or Section 80
of the Methamphetamine Control and Community Protection Act, in
which case the court may extend supervision beyond 2 years.
Additionally, the court shall order the defendant to perform no
less than 30 hours of community service and not more than 120
hours of community service, if community service is available
in the jurisdiction and is funded and approved by the county
board where the offense was committed, when the offense (1) was
related to or in furtherance of the criminal activities of an
organized gang or was motivated by the defendant's membership
in or allegiance to an organized gang; or (2) is a violation of
any Section of Article 24 of the Criminal Code of 1961 where a
disposition of supervision is not prohibited by Section 5-6-1
of this Code. The community service shall include, but not be
limited to, the cleanup and repair of any damage caused by
violation of Section 21-1.3 of the Criminal Code of 1961 and
similar damages to property located within the municipality or
county in which the violation occurred. Where possible and
reasonable, the community service should be performed in the
offender's neighborhood.
    For the purposes of this Section, "organized gang" has the
meaning ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
    (c) The court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the court require that
the person:
        (1) make a report to and appear in person before or
    participate with the court or such courts, person, or
    social service agency as directed by the court in the order
    of supervision;
        (2) pay a fine and costs;
        (3) work or pursue a course of study or vocational
    training;
        (4) undergo medical, psychological or psychiatric
    treatment; or treatment for drug addiction or alcoholism;
        (5) attend or reside in a facility established for the
    instruction or residence of defendants on probation;
        (6) support his dependents;
        (7) refrain from possessing a firearm or other
    dangerous weapon;
        (8) and in addition, if a minor:
            (i) reside with his parents or in a foster home;
            (ii) attend school;
            (iii) attend a non-residential program for youth;
            (iv) contribute to his own support at home or in a
        foster home; or
            (v) with the consent of the superintendent of the
        facility, attend an educational program at a facility
        other than the school in which the offense was
        committed if he or she is placed on supervision for a
        crime of violence as defined in Section 2 of the Crime
        Victims Compensation Act committed in a school, on the
        real property comprising a school, or within 1,000 feet
        of the real property comprising a school;
        (9) make restitution or reparation in an amount not to
    exceed actual loss or damage to property and pecuniary loss
    or make restitution under Section 5-5-6 to a domestic
    violence shelter. The court shall determine the amount and
    conditions of payment;
        (10) perform some reasonable public or community
    service;
        (11) comply with the terms and conditions of an order
    of protection issued by the court pursuant to the Illinois
    Domestic Violence Act of 1986 or an order of protection
    issued by the court of another state, tribe, or United
    States territory. If the court has ordered the defendant to
    make a report and appear in person under paragraph (1) of
    this subsection, a copy of the order of protection shall be
    transmitted to the person or agency so designated by the
    court;
        (12) reimburse any "local anti-crime program" as
    defined in Section 7 of the Anti-Crime Advisory Council Act
    for any reasonable expenses incurred by the program on the
    offender's case, not to exceed the maximum amount of the
    fine authorized for the offense for which the defendant was
    sentenced;
        (13) contribute a reasonable sum of money, not to
    exceed the maximum amount of the fine authorized for the
    offense for which the defendant was sentenced, (i) to a
    "local anti-crime program", as defined in Section 7 of the
    Anti-Crime Advisory Council Act, or (ii) for offenses under
    the jurisdiction of the Department of Natural Resources, to
    the fund established by the Department of Natural Resources
    for the purchase of evidence for investigation purposes and
    to conduct investigations as outlined in Section 805-105 of
    the Department of Natural Resources (Conservation) Law;
        (14) refrain from entering into a designated
    geographic area except upon such terms as the court finds
    appropriate. Such terms may include consideration of the
    purpose of the entry, the time of day, other persons
    accompanying the defendant, and advance approval by a
    probation officer;
        (15) refrain from having any contact, directly or
    indirectly, with certain specified persons or particular
    types of person, including but not limited to members of
    street gangs and drug users or dealers;
        (16) refrain from having in his or her body the
    presence of any illicit drug prohibited by the Cannabis
    Control Act, the Illinois Controlled Substances Act, or the
    Methamphetamine Control and Community Protection Act,
    unless prescribed by a physician, and submit samples of his
    or her blood or urine or both for tests to determine the
    presence of any illicit drug;
        (17) refrain from operating any motor vehicle not
    equipped with an ignition interlock device as defined in
    Section 1-129.1 of the Illinois Vehicle Code; under . Under
    this condition the court may allow a defendant who is not
    self-employed to operate a vehicle owned by the defendant's
    employer that is not equipped with an ignition interlock
    device in the course and scope of the defendant's
    employment; and
        (18) if placed on supervision for a sex offense as
    defined in subsection (a-5) of Section 3-1-2 of this Code,
    unless the offender is a parent or guardian of the person
    under 18 years of age present in the home and no
    non-familial minors are present, not participate in a
    holiday event involving children under 18 years of age,
    such as distributing candy or other items to children on
    Halloween, wearing a Santa Claus costume on or preceding
    Christmas, being employed as a department store Santa
    Claus, or wearing an Easter Bunny costume on or preceding
    Easter.
    (d) The court shall defer entering any judgment on the
charges until the conclusion of the supervision.
    (e) At the conclusion of the period of supervision, if the
court determines that the defendant has successfully complied
with all of the conditions of supervision, the court shall
discharge the defendant and enter a judgment dismissing the
charges.
    (f) Discharge and dismissal upon a successful conclusion of
a disposition of supervision shall be deemed without
adjudication of guilt and shall not be termed a conviction for
purposes of disqualification or disabilities imposed by law
upon conviction of a crime. Two years after the discharge and
dismissal under this Section, unless the disposition of
supervision was for a violation of Sections 3-707, 3-708,
3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or for a violation of
Sections 12-3.2 or 16A-3 of the Criminal Code of 1961, in which
case it shall be 5 years after discharge and dismissal, a
person may have his record of arrest sealed or expunged as may
be provided by law. However, any defendant placed on
supervision before January 1, 1980, may move for sealing or
expungement of his arrest record, as provided by law, at any
time after discharge and dismissal under this Section. A person
placed on supervision for a sexual offense committed against a
minor as defined in subsection (g) of Section 5 of the Criminal
Identification Act or for a violation of Section 11-501 of the
Illinois Vehicle Code or a similar provision of a local
ordinance shall not have his or her record of arrest sealed or
expunged.
    (g) A defendant placed on supervision and who during the
period of supervision undergoes mandatory drug or alcohol
testing, or both, or is assigned to be placed on an approved
electronic monitoring device, shall be ordered to pay the costs
incidental to such mandatory drug or alcohol testing, or both,
and costs incidental to such approved electronic monitoring in
accordance with the defendant's ability to pay those costs. The
county board with the concurrence of the Chief Judge of the
judicial circuit in which the county is located shall establish
reasonable fees for the cost of maintenance, testing, and
incidental expenses related to the mandatory drug or alcohol
testing, or both, and all costs incidental to approved
electronic monitoring, of all defendants placed on
supervision. The concurrence of the Chief Judge shall be in the
form of an administrative order. The fees shall be collected by
the clerk of the circuit court. The clerk of the circuit court
shall pay all moneys collected from these fees to the county
treasurer who shall use the moneys collected to defray the
costs of drug testing, alcohol testing, and electronic
monitoring. The county treasurer shall deposit the fees
collected in the county working cash fund under Section 6-27001
or Section 6-29002 of the Counties Code, as the case may be.
    (h) A disposition of supervision is a final order for the
purposes of appeal.
    (i) The court shall impose upon a defendant placed on
supervision after January 1, 1992 or to community service under
the supervision of a probation or court services department
after January 1, 2004, as a condition of supervision or
supervised community service, a fee of $50 for each month of
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
placed on supervision or supervised community service to pay
the fee, the court assesses a lesser fee. The court may not
impose the fee on a minor who is made a ward of the State under
the Juvenile Court Act of 1987 while the minor is in placement.
The fee shall be imposed only upon a defendant who is actively
supervised by the probation and court services department. The
fee shall be collected by the clerk of the circuit court. The
clerk of the circuit court shall pay all monies collected from
this fee to the county treasurer for deposit in the probation
and court services fund pursuant to Section 15.1 of the
Probation and Probation Officers Act.
    A circuit court may not impose a probation fee in excess of
$25 per month unless: (1) the circuit court has adopted, by
administrative order issued by the chief judge, a standard
probation fee guide determining an offender's ability to pay,
under guidelines developed by the Administrative Office of the
Illinois Courts; and (2) the circuit court has authorized, by
administrative order issued by the chief judge, the creation of
a Crime Victim's Services Fund, to be administered by the Chief
Judge or his or her designee, for services to crime victims and
their families. Of the amount collected as a probation fee, not
to exceed $5 of that fee collected per month may be used to
provide services to crime victims and their families.
    (j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under Section 27.5
of the Clerks of Courts Act.
    (k) A defendant at least 17 years of age who is placed on
supervision for a misdemeanor in a county of 3,000,000 or more
inhabitants and who has not been previously convicted of a
misdemeanor or felony may as a condition of his or her
supervision be required by the court to attend educational
courses designed to prepare the defendant for a high school
diploma and to work toward a high school diploma or to work
toward passing the high school level Test of General
Educational Development (GED) or to work toward completing a
vocational training program approved by the court. The
defendant placed on supervision must attend a public
institution of education to obtain the educational or
vocational training required by this subsection (k). The
defendant placed on supervision shall be required to pay for
the cost of the educational courses or GED test, if a fee is
charged for those courses or test. The court shall revoke the
supervision of a person who wilfully fails to comply with this
subsection (k). The court shall resentence the defendant upon
revocation of supervision as provided in Section 5-6-4. This
subsection (k) does not apply to a defendant who has a high
school diploma or has successfully passed the GED test. This
subsection (k) does not apply to a defendant who is determined
by the court to be developmentally disabled or otherwise
mentally incapable of completing the educational or vocational
program.
    (l) The court shall require a defendant placed on
supervision for possession of a substance prohibited by the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act
after a previous conviction or disposition of supervision for
possession of a substance prohibited by the Cannabis Control
Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act or a
sentence of probation under Section 10 of the Cannabis Control
Act or Section 410 of the Illinois Controlled Substances Act
and after a finding by the court that the person is addicted,
to undergo treatment at a substance abuse program approved by
the court.
    (m) The Secretary of State shall require anyone placed on
court supervision for a violation of Section 3-707 of the
Illinois Vehicle Code or a similar provision of a local
ordinance to give proof of his or her financial responsibility
as defined in Section 7-315 of the Illinois Vehicle Code. The
proof shall be maintained by the individual in a manner
satisfactory to the Secretary of State for a minimum period of
3 years after the date the proof is first filed. The proof
shall be limited to a single action per arrest and may not be
affected by any post-sentence disposition. The Secretary of
State shall suspend the driver's license of any person
determined by the Secretary to be in violation of this
subsection.
    (n) Any offender placed on supervision for any offense that
the court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
    (o) An offender placed on supervision for a sex offense as
defined in the Sex Offender Management Board Act shall refrain
from residing at the same address or in the same condominium
unit or apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has been
placed on supervision for a sex offense. The provisions of this
subsection (o) do not apply to a person convicted of a sex
offense who is placed in a Department of Corrections licensed
transitional housing facility for sex offenders.
    (p) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) this amendatory Act of the 95th General
Assembly that would qualify the accused as a child sex offender
as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 shall refrain from communicating with or contacting, by
means of the Internet, a person who is not related to the
accused and whom the accused reasonably believes to be under 18
years of age. For purposes of this subsection (p), "Internet"
has the meaning ascribed to it in Section 16J-5 of the Criminal
Code of 1961, as added by Public Act 94-179; and a person is
not related to the accused if the person is not: (i) the
spouse, brother, or sister of the accused; (ii) a descendant of
the accused; (iii) a first or second cousin of the accused; or
(iv) a step-child or adopted child of the accused.
    (q) An offender placed on supervision for an offense
committed on or after June 1, 2008 (the effective date of
Public Act 95-464) this amendatory Act of the 95th General
Assembly that would qualify the accused as a child sex offender
as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 shall, if so ordered by the court, refrain from
communicating with or contacting, by means of the Internet, a
person who is related to the accused and whom the accused
reasonably believes to be under 18 years of age. For purposes
of this subsection (q), "Internet" has the meaning ascribed to
it in Section 16J-5 of the Criminal Code of 1961, as added by
Public Act 94-179; and a person is related to the accused if
the person is: (i) the spouse, brother, or sister of the
accused; (ii) a descendant of the accused; (iii) a first or
second cousin of the accused; or (iv) a step-child or adopted
child of the accused.
    (r) An offender placed on supervision for an offense under
Section 11-6, 11-9.1, 11-15.1, 11-20.1, 11-20.3, or 11-21 of
the Criminal Code of 1961, or any attempt to commit any of
these offenses, committed on or after the effective date of
this amendatory Act of the 95th General Assembly shall:
        (i) not access or use a computer or any other device
    with Internet capability without the prior written
    approval of the court, except in connection with the
    offender's employment or search for employment with the
    prior approval of the court;
        (ii) submit to periodic unannounced examinations of
    the offender's computer or any other device with Internet
    capability by the offender's probation officer, a law
    enforcement officer, or assigned computer or information
    technology specialist, including the retrieval and copying
    of all data from the computer or device and any internal or
    external peripherals and removal of such information,
    equipment, or device to conduct a more thorough inspection;
        (iii) submit to the installation on the offender's
    computer or device with Internet capability, at the
    offender's expense, of one or more hardware or software
    systems to monitor the Internet use; and
        (iv) submit to any other appropriate restrictions
    concerning the offender's use of or access to a computer or
    any other device with Internet capability imposed by the
    court.
(Source: P.A. 94-159, eff. 7-11-05; 94-161, eff. 7-11-05;
94-556, eff. 9-11-05; 95-211, eff. 1-1-08; 95-331, eff.
8-21-07; 95-464, eff. 6-1-08; 95-696, eff. 6-1-08; revised
11-19-07.)
 
    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
    Sec. 5-8-1. Sentence of Imprisonment for Felony.
    (a) Except as otherwise provided in the statute defining
the offense, a sentence of imprisonment for a felony shall be a
determinate sentence set by the court under this Section,
according to the following limitations:
        (1) for first degree murder,
            (a) a term shall be not less than 20 years and not
        more than 60 years, or
            (b) if a trier of fact finds beyond a reasonable
        doubt that the murder was accompanied by exceptionally
        brutal or heinous behavior indicative of wanton
        cruelty or, except as set forth in subsection (a)(1)(c)
        of this Section, that any of the aggravating factors
        listed in subsection (b) of Section 9-1 of the Criminal
        Code of 1961 are present, the court may sentence the
        defendant to a term of natural life imprisonment, or
            (c) the court shall sentence the defendant to a
        term of natural life imprisonment when the death
        penalty is not imposed if the defendant,
                (i) has previously been convicted of first
            degree murder under any state or federal law, or
                (ii) is a person who, at the time of the
            commission of the murder, had attained the age of
            17 or more and is found guilty of murdering an
            individual under 12 years of age; or, irrespective
            of the defendant's age at the time of the
            commission of the offense, is found guilty of
            murdering more than one victim, or
                (iii) is found guilty of murdering a peace
            officer, fireman, or emergency management worker
            when the peace officer, fireman, or emergency
            management worker was killed in the course of
            performing his official duties, or to prevent the
            peace officer or fireman from performing his
            official duties, or in retaliation for the peace
            officer, fireman, or emergency management worker
            from performing his official duties, and the
            defendant knew or should have known that the
            murdered individual was a peace officer, fireman,
            or emergency management worker, or
                (iv) is found guilty of murdering an employee
            of an institution or facility of the Department of
            Corrections, or any similar local correctional
            agency, when the employee was killed in the course
            of performing his official duties, or to prevent
            the employee from performing his official duties,
            or in retaliation for the employee performing his
            official duties, or
                (v) is found guilty of murdering an emergency
            medical technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver or other
            medical assistance or first aid person while
            employed by a municipality or other governmental
            unit when the person was killed in the course of
            performing official duties or to prevent the
            person from performing official duties or in
            retaliation for performing official duties and the
            defendant knew or should have known that the
            murdered individual was an emergency medical
            technician - ambulance, emergency medical
            technician - intermediate, emergency medical
            technician - paramedic, ambulance driver, or other
            medical assistant or first aid personnel, or
                (vi) is a person who, at the time of the
            commission of the murder, had not attained the age
            of 17, and is found guilty of murdering a person
            under 12 years of age and the murder is committed
            during the course of aggravated criminal sexual
            assault, criminal sexual assault, or aggravated
            kidnaping, or
                (vii) is found guilty of first degree murder
            and the murder was committed by reason of any
            person's activity as a community policing
            volunteer or to prevent any person from engaging in
            activity as a community policing volunteer. For
            the purpose of this Section, "community policing
            volunteer" has the meaning ascribed to it in
            Section 2-3.5 of the Criminal Code of 1961.
            For purposes of clause (v), "emergency medical
        technician - ambulance", "emergency medical technician -
         intermediate", "emergency medical technician -
        paramedic", have the meanings ascribed to them in the
        Emergency Medical Services (EMS) Systems Act.
            (d) (i) if the person committed the offense while
            armed with a firearm, 15 years shall be added to
            the term of imprisonment imposed by the court;
                (ii) if, during the commission of the offense,
            the person personally discharged a firearm, 20
            years shall be added to the term of imprisonment
            imposed by the court;
                (iii) if, during the commission of the
            offense, the person personally discharged a
            firearm that proximately caused great bodily harm,
            permanent disability, permanent disfigurement, or
            death to another person, 25 years or up to a term
            of natural life shall be added to the term of
            imprisonment imposed by the court.
        (1.5) for second degree murder, a term shall be not
    less than 4 years and not more than 20 years;
        (2) for a person adjudged a habitual criminal under
    Article 33B of the Criminal Code of 1961, as amended, the
    sentence shall be a term of natural life imprisonment;
        (2.5) for a person convicted under the circumstances
    described in paragraph (3) of subsection (b) of Section
    12-13, paragraph (2) of subsection (d) of Section 12-14,
    paragraph (1.2) of subsection (b) of Section 12-14.1, or
    paragraph (2) of subsection (b) of Section 12-14.1 of the
    Criminal Code of 1961, the sentence shall be a term of
    natural life imprisonment;
        (3) except as otherwise provided in the statute
    defining the offense, for a Class X felony, the sentence
    shall be not less than 6 years and not more than 30 years;
        (4) for a Class 1 felony, other than second degree
    murder, the sentence shall be not less than 4 years and not
    more than 15 years;
        (5) for a Class 2 felony, the sentence shall be not
    less than 3 years and not more than 7 years;
        (6) for a Class 3 felony, the sentence shall be not
    less than 2 years and not more than 5 years;
        (7) for a Class 4 felony, the sentence shall be not
    less than 1 year and not more than 3 years.
    (b) The sentencing judge in each felony conviction shall
set forth his reasons for imposing the particular sentence he
enters in the case, as provided in Section 5-4-1 of this Code.
Those reasons may include any mitigating or aggravating factors
specified in this Code, or the lack of any such circumstances,
as well as any other such factors as the judge shall set forth
on the record that are consistent with the purposes and
principles of sentencing set out in this Code.
    (c) A motion to reduce a sentence may be made, or the court
may reduce a sentence without motion, within 30 days after the
sentence is imposed. A defendant's challenge to the correctness
of a sentence or to any aspect of the sentencing hearing shall
be made by a written motion filed within 30 days following the
imposition of sentence. However, the court may not increase a
sentence once it is imposed.
    If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, the
proponent of the motion shall exercise due diligence in seeking
a determination on the motion and the court shall thereafter
decide such motion within a reasonable time.
    If a motion filed pursuant to this subsection is timely
filed within 30 days after the sentence is imposed, then for
purposes of perfecting an appeal, a final judgment shall not be
considered to have been entered until the motion to reduce a
sentence has been decided by order entered by the trial court.
    A motion filed pursuant to this subsection shall not be
considered to have been timely filed unless it is filed with
the circuit court clerk within 30 days after the sentence is
imposed together with a notice of motion, which notice of
motion shall set the motion on the court's calendar on a date
certain within a reasonable time after the date of filing.
    (d) Except where a term of natural life is imposed, every
sentence shall include as though written therein a term in
addition to the term of imprisonment. For those sentenced under
the law in effect prior to February 1, 1978, such term shall be
identified as a parole term. For those sentenced on or after
February 1, 1978, such term shall be identified as a mandatory
supervised release term. Subject to earlier termination under
Section 3-3-8, the parole or mandatory supervised release term
shall be as follows:
        (1) for first degree murder or a Class X felony except
    for the offenses of predatory criminal sexual assault of a
    child, aggravated criminal sexual assault, and criminal
    sexual assault if committed on or after the effective date
    of this amendatory Act of the 94th General Assembly and
    except for the offense of aggravated child pornography
    under Section 11-20.3 of the Criminal Code of 1961, if
    committed on or after January 1, 2009, 3 years;
        (2) for a Class 1 felony or a Class 2 felony except for
    the offense of criminal sexual assault if committed on or
    after the effective date of this amendatory Act of the 94th
    General Assembly and except for the offenses of manufacture
    and dissemination of child pornography under clauses
    (a)(1) and (a)(2) of Section 11-20.1 of the Criminal Code
    of 1961, if committed on or after January 1, 2009, 2 years;
        (3) for a Class 3 felony or a Class 4 felony, 1 year;
        (4) for defendants who commit the offense of predatory
    criminal sexual assault of a child, aggravated criminal
    sexual assault, or criminal sexual assault, on or after the
    effective date of this amendatory Act of the 94th General
    Assembly, or who commit the offense of aggravated child
    pornography, manufacture of child pornography, or
    dissemination of child pornography after January 1, 2009,
    the term of mandatory supervised release shall range from a
    minimum of 3 years to a maximum of the natural life of the
    defendant;
        (5) if the victim is under 18 years of age, for a
    second or subsequent offense of aggravated criminal sexual
    abuse or felony criminal sexual abuse, 4 years, at least
    the first 2 years of which the defendant shall serve in an
    electronic home detention program under Article 8A of
    Chapter V of this Code.
    (e) A defendant who has a previous and unexpired sentence
of imprisonment imposed by another state or by any district
court of the United States and who, after sentence for a crime
in Illinois, must return to serve the unexpired prior sentence
may have his sentence by the Illinois court ordered to be
concurrent with the prior sentence in the other state. The
court may order that any time served on the unexpired portion
of the sentence in the other state, prior to his return to
Illinois, shall be credited on his Illinois sentence. The other
state shall be furnished with a copy of the order imposing
sentence which shall provide that, when the offender is
released from confinement of the other state, whether by parole
or by termination of sentence, the offender shall be
transferred by the Sheriff of the committing county to the
Illinois Department of Corrections. The court shall cause the
Department of Corrections to be notified of such sentence at
the time of commitment and to be provided with copies of all
records regarding the sentence.
    (f) A defendant who has a previous and unexpired sentence
of imprisonment imposed by an Illinois circuit court for a
crime in this State and who is subsequently sentenced to a term
of imprisonment by another state or by any district court of
the United States and who has served a term of imprisonment
imposed by the other state or district court of the United
States, and must return to serve the unexpired prior sentence
imposed by the Illinois Circuit Court may apply to the court
which imposed sentence to have his sentence reduced.
    The circuit court may order that any time served on the
sentence imposed by the other state or district court of the
United States be credited on his Illinois sentence. Such
application for reduction of a sentence under this subsection
(f) shall be made within 30 days after the defendant has
completed the sentence imposed by the other state or district
court of the United States.
(Source: P.A. 94-165, eff. 7-11-05; 94-243, eff. 1-1-06;
94-715, eff. 12-13-05.)
 
    Section 999. Effective date. Sections 1, 5, 10, 15, 20, and
this Section take effect upon becoming law.