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1 | AN ACT concerning criminal law. | ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly: | ||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Prostitution Investigation Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Law enforcement agency" and "law enforcement officer" | ||||||
8 | have the meanings ascribed to them in Section 10-10 of the Law | ||||||
9 | Enforcement Officer-Worn Body Camera Act. | ||||||
10 | "Prostitution" has the meaning ascribed to it in Section | ||||||
11 | 11-14 of the Criminal Code of 2012. | ||||||
12 | "Sexual penetration" has the meaning ascribed to it in | ||||||
13 | Section 11-0.1 of the Criminal Code of 2012. | ||||||
14 | Section 10. Law enforcement agency policy; prostitution | ||||||
15 | investigations. Each law enforcement agency shall create a | ||||||
16 | policy on or before July 1, 2025 that prohibits law | ||||||
17 | enforcement officers from knowingly and willingly performing | ||||||
18 | an act of sexual penetration with the suspect of a criminal | ||||||
19 | investigation of prostitution during the course of an | ||||||
20 | investigation conducted by that officer. The policy shall be | ||||||
21 | posted and made publicly available. |
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1 | Section 95. The Statute on Statutes is amended by adding | ||||||
2 | Section 1.45 as follows: | ||||||
3 | (5 ILCS 70/1.45 new) | ||||||
4 | Sec. 1.45. Juvenile prostitution, prostitute, juvenile | ||||||
5 | prostitute; prior prosecutions. If any person, before the | ||||||
6 | effective date of this amendatory Act of the 103rd General | ||||||
7 | Assembly, has been arrested, charged, prosecuted, convicted, | ||||||
8 | or sentenced for juvenile prostitution or patronizing a minor | ||||||
9 | engaged in prostitution or has been referred to in any law | ||||||
10 | enforcement record, court record, or penal institution record | ||||||
11 | as a prostitute or juvenile prostitute, the changes of the | ||||||
12 | names of offenses and the references to defendants in this | ||||||
13 | amendatory Act of the 103rd General Assembly do not, except as | ||||||
14 | described in this amendatory Act, affect any arrest, | ||||||
15 | prosecution, conviction, sentence, or penal institution record | ||||||
16 | for such persons or offenses in any law enforcement record, | ||||||
17 | court record, or penal institution record, or any arrest, | ||||||
18 | conviction, or sentence, before the effective date of this | ||||||
19 | amendatory Act of the 103rd General Assembly, and any action | ||||||
20 | taken for or against such a person incarcerated, on | ||||||
21 | supervision, probation, conditional discharge, or mandatory | ||||||
22 | supervised release under the former named offenses and persons | ||||||
23 | shall remain valid. | ||||||
24 | Section 96. The Criminal Identification Act is amended by |
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1 | changing Section 5.2 as follows: | ||||||
2 | (20 ILCS 2630/5.2) | ||||||
3 | Sec. 5.2. Expungement, sealing, and immediate sealing. | ||||||
4 | (a) General Provisions. | ||||||
5 | (1) Definitions. In this Act, words and phrases have | ||||||
6 | the meanings set forth in this subsection, except when a | ||||||
7 | particular context clearly requires a different meaning. | ||||||
8 | (A) The following terms shall have the meanings | ||||||
9 | ascribed to them in the following Sections of the | ||||||
10 | Unified Code of Corrections: | ||||||
11 | Business Offense, Section 5-1-2. | ||||||
12 | Charge, Section 5-1-3. | ||||||
13 | Court, Section 5-1-6. | ||||||
14 | Defendant, Section 5-1-7. | ||||||
15 | Felony, Section 5-1-9. | ||||||
16 | Imprisonment, Section 5-1-10. | ||||||
17 | Judgment, Section 5-1-12. | ||||||
18 | Misdemeanor, Section 5-1-14. | ||||||
19 | Offense, Section 5-1-15. | ||||||
20 | Parole, Section 5-1-16. | ||||||
21 | Petty Offense, Section 5-1-17. | ||||||
22 | Probation, Section 5-1-18. | ||||||
23 | Sentence, Section 5-1-19. | ||||||
24 | Supervision, Section 5-1-21. | ||||||
25 | Victim, Section 5-1-22. |
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1 | (B) As used in this Section, "charge not initiated | ||||||
2 | by arrest" means a charge (as defined by Section 5-1-3 | ||||||
3 | of the Unified Code of Corrections) brought against a | ||||||
4 | defendant where the defendant is not arrested prior to | ||||||
5 | or as a direct result of the charge. | ||||||
6 | (C) "Conviction" means a judgment of conviction or | ||||||
7 | sentence entered upon a plea of guilty or upon a | ||||||
8 | verdict or finding of guilty of an offense, rendered | ||||||
9 | by a legally constituted jury or by a court of | ||||||
10 | competent jurisdiction authorized to try the case | ||||||
11 | without a jury. An order of supervision successfully | ||||||
12 | completed by the petitioner is not a conviction. An | ||||||
13 | order of qualified probation (as defined in subsection | ||||||
14 | (a)(1)(J)) successfully completed by the petitioner is | ||||||
15 | not a conviction. An order of supervision or an order | ||||||
16 | of qualified probation that is terminated | ||||||
17 | unsatisfactorily is a conviction, unless the | ||||||
18 | unsatisfactory termination is reversed, vacated, or | ||||||
19 | modified and the judgment of conviction, if any, is | ||||||
20 | reversed or vacated. | ||||||
21 | (D) "Criminal offense" means a petty offense, | ||||||
22 | business offense, misdemeanor, felony, or municipal | ||||||
23 | ordinance violation (as defined in subsection | ||||||
24 | (a)(1)(H)). As used in this Section, a minor traffic | ||||||
25 | offense (as defined in subsection (a)(1)(G)) shall not | ||||||
26 | be considered a criminal offense. |
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1 | (E) "Expunge" means to physically destroy the | ||||||
2 | records or return them to the petitioner and to | ||||||
3 | obliterate the petitioner's name from any official | ||||||
4 | index or public record, or both. Nothing in this Act | ||||||
5 | shall require the physical destruction of the circuit | ||||||
6 | court file, but such records relating to arrests or | ||||||
7 | charges, or both, ordered expunged shall be impounded | ||||||
8 | as required by subsections (d)(9)(A)(ii) and | ||||||
9 | (d)(9)(B)(ii). | ||||||
10 | (F) As used in this Section, "last sentence" means | ||||||
11 | the sentence, order of supervision, or order of | ||||||
12 | qualified probation (as defined by subsection | ||||||
13 | (a)(1)(J)), for a criminal offense (as defined by | ||||||
14 | subsection (a)(1)(D)) that terminates last in time in | ||||||
15 | any jurisdiction, regardless of whether the petitioner | ||||||
16 | has included the criminal offense for which the | ||||||
17 | sentence or order of supervision or qualified | ||||||
18 | probation was imposed in his or her petition. If | ||||||
19 | multiple sentences, orders of supervision, or orders | ||||||
20 | of qualified probation terminate on the same day and | ||||||
21 | are last in time, they shall be collectively | ||||||
22 | considered the "last sentence" regardless of whether | ||||||
23 | they were ordered to run concurrently. | ||||||
24 | (G) "Minor traffic offense" means a petty offense, | ||||||
25 | business offense, or Class C misdemeanor under the | ||||||
26 | Illinois Vehicle Code or a similar provision of a |
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1 | municipal or local ordinance. | ||||||
2 | (G-5) "Minor Cannabis Offense" means a violation | ||||||
3 | of Section 4 or 5 of the Cannabis Control Act | ||||||
4 | concerning not more than 30 grams of any substance | ||||||
5 | containing cannabis, provided the violation did not | ||||||
6 | include a penalty enhancement under Section 7 of the | ||||||
7 | Cannabis Control Act and is not associated with an | ||||||
8 | arrest, conviction or other disposition for a violent | ||||||
9 | crime as defined in subsection (c) of Section 3 of the | ||||||
10 | Rights of Crime Victims and Witnesses Act. | ||||||
11 | (H) "Municipal ordinance violation" means an | ||||||
12 | offense defined by a municipal or local ordinance that | ||||||
13 | is criminal in nature and with which the petitioner | ||||||
14 | was charged or for which the petitioner was arrested | ||||||
15 | and released without charging. | ||||||
16 | (I) "Petitioner" means an adult or a minor | ||||||
17 | prosecuted as an adult who has applied for relief | ||||||
18 | under this Section. | ||||||
19 | (J) "Qualified probation" means an order of | ||||||
20 | probation under Section 10 of the Cannabis Control | ||||||
21 | Act, Section 410 of the Illinois Controlled Substances | ||||||
22 | Act, Section 70 of the Methamphetamine Control and | ||||||
23 | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 | ||||||
24 | of the Unified Code of Corrections, Section | ||||||
25 | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as | ||||||
26 | those provisions existed before their deletion by |
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1 | Public Act 89-313), Section 10-102 of the Illinois | ||||||
2 | Alcoholism and Other Drug Dependency Act, Section | ||||||
3 | 40-10 of the Substance Use Disorder Act, or Section 10 | ||||||
4 | of the Steroid Control Act. For the purpose of this | ||||||
5 | Section, "successful completion" of an order of | ||||||
6 | qualified probation under Section 10-102 of the | ||||||
7 | Illinois Alcoholism and Other Drug Dependency Act and | ||||||
8 | Section 40-10 of the Substance Use Disorder Act means | ||||||
9 | that the probation was terminated satisfactorily and | ||||||
10 | the judgment of conviction was vacated. | ||||||
11 | (K) "Seal" means to physically and electronically | ||||||
12 | maintain the records, unless the records would | ||||||
13 | otherwise be destroyed due to age, but to make the | ||||||
14 | records unavailable without a court order, subject to | ||||||
15 | the exceptions in Sections 12 and 13 of this Act. The | ||||||
16 | petitioner's name shall also be obliterated from the | ||||||
17 | official index required to be kept by the circuit | ||||||
18 | court clerk under Section 16 of the Clerks of Courts | ||||||
19 | Act, but any index issued by the circuit court clerk | ||||||
20 | before the entry of the order to seal shall not be | ||||||
21 | affected. | ||||||
22 | (L) "Sexual offense committed against a minor" | ||||||
23 | includes, but is not limited to, the offenses of | ||||||
24 | indecent solicitation of a child or criminal sexual | ||||||
25 | abuse when the victim of such offense is under 18 years | ||||||
26 | of age. |
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1 | (M) "Terminate" as it relates to a sentence or | ||||||
2 | order of supervision or qualified probation includes | ||||||
3 | either satisfactory or unsatisfactory termination of | ||||||
4 | the sentence, unless otherwise specified in this | ||||||
5 | Section. A sentence is terminated notwithstanding any | ||||||
6 | outstanding financial legal obligation. | ||||||
7 | (2) Minor Traffic Offenses. Orders of supervision or | ||||||
8 | convictions for minor traffic offenses shall not affect a | ||||||
9 | petitioner's eligibility to expunge or seal records | ||||||
10 | pursuant to this Section. | ||||||
11 | (2.5) Commencing 180 days after July 29, 2016 (the | ||||||
12 | effective date of Public Act 99-697), the law enforcement | ||||||
13 | agency issuing the citation shall automatically expunge, | ||||||
14 | on or before January 1 and July 1 of each year, the law | ||||||
15 | enforcement records of a person found to have committed a | ||||||
16 | civil law violation of subsection (a) of Section 4 of the | ||||||
17 | Cannabis Control Act or subsection (c) of Section 3.5 of | ||||||
18 | the Drug Paraphernalia Control Act in the law enforcement | ||||||
19 | agency's possession or control and which contains the | ||||||
20 | final satisfactory disposition which pertain to the person | ||||||
21 | issued a citation for that offense. The law enforcement | ||||||
22 | agency shall provide by rule the process for access, | ||||||
23 | review, and to confirm the automatic expungement by the | ||||||
24 | law enforcement agency issuing the citation. Commencing | ||||||
25 | 180 days after July 29, 2016 (the effective date of Public | ||||||
26 | Act 99-697), the clerk of the circuit court shall expunge, |
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1 | upon order of the court, or in the absence of a court order | ||||||
2 | on or before January 1 and July 1 of each year, the court | ||||||
3 | records of a person found in the circuit court to have | ||||||
4 | committed a civil law violation of subsection (a) of | ||||||
5 | Section 4 of the Cannabis Control Act or subsection (c) of | ||||||
6 | Section 3.5 of the Drug Paraphernalia Control Act in the | ||||||
7 | clerk's possession or control and which contains the final | ||||||
8 | satisfactory disposition which pertain to the person | ||||||
9 | issued a citation for any of those offenses. | ||||||
10 | (3) Exclusions. Except as otherwise provided in | ||||||
11 | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) | ||||||
12 | of this Section, the court shall not order: | ||||||
13 | (A) the sealing or expungement of the records of | ||||||
14 | arrests or charges not initiated by arrest that result | ||||||
15 | in an order of supervision for or conviction of: (i) | ||||||
16 | any sexual offense committed against a minor; (ii) | ||||||
17 | Section 11-501 of the Illinois Vehicle Code or a | ||||||
18 | similar provision of a local ordinance; or (iii) | ||||||
19 | Section 11-503 of the Illinois Vehicle Code or a | ||||||
20 | similar provision of a local ordinance, unless the | ||||||
21 | arrest or charge is for a misdemeanor violation of | ||||||
22 | subsection (a) of Section 11-503 or a similar | ||||||
23 | provision of a local ordinance, that occurred prior to | ||||||
24 | the offender reaching the age of 25 years and the | ||||||
25 | offender has no other conviction for violating Section | ||||||
26 | 11-501 or 11-503 of the Illinois Vehicle Code or a |
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1 | similar provision of a local ordinance. | ||||||
2 | (B) the sealing or expungement of records of minor | ||||||
3 | traffic offenses (as defined in subsection (a)(1)(G)), | ||||||
4 | unless the petitioner was arrested and released | ||||||
5 | without charging. | ||||||
6 | (C) the sealing of the records of arrests or | ||||||
7 | charges not initiated by arrest which result in an | ||||||
8 | order of supervision or a conviction for the following | ||||||
9 | offenses: | ||||||
10 | (i) offenses included in Article 11 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
12 | or a similar provision of a local ordinance, | ||||||
13 | except Section 11-14 and a misdemeanor violation | ||||||
14 | of Section 11-30 of the Criminal Code of 1961 or | ||||||
15 | the Criminal Code of 2012, or a similar provision | ||||||
16 | of a local ordinance; | ||||||
17 | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, | ||||||
18 | 26-5, or 48-1 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012, or a similar provision of a | ||||||
20 | local ordinance; | ||||||
21 | (iii) Section 12-3.1 or 12-3.2 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012, or | ||||||
23 | Section 125 of the Stalking No Contact Order Act, | ||||||
24 | or Section 219 of the Civil No Contact Order Act, | ||||||
25 | or a similar provision of a local ordinance; | ||||||
26 | (iv) Class A misdemeanors or felony offenses |
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1 | under the Humane Care for Animals Act; or | ||||||
2 | (v) any offense or attempted offense that | ||||||
3 | would subject a person to registration under the | ||||||
4 | Sex Offender Registration Act. | ||||||
5 | (D) (blank). | ||||||
6 | (b) Expungement. | ||||||
7 | (1) A petitioner may petition the circuit court to | ||||||
8 | expunge the records of his or her arrests and charges not | ||||||
9 | initiated by arrest when each arrest or charge not | ||||||
10 | initiated by arrest sought to be expunged resulted in: (i) | ||||||
11 | acquittal, dismissal, or the petitioner's release without | ||||||
12 | charging, unless excluded by subsection (a)(3)(B); (ii) a | ||||||
13 | conviction which was vacated or reversed, unless excluded | ||||||
14 | by subsection (a)(3)(B); (iii) an order of supervision and | ||||||
15 | such supervision was successfully completed by the | ||||||
16 | petitioner, unless excluded by subsection (a)(3)(A) or | ||||||
17 | (a)(3)(B); or (iv) an order of qualified probation (as | ||||||
18 | defined in subsection (a)(1)(J)) and such probation was | ||||||
19 | successfully completed by the petitioner. | ||||||
20 | (1.5) When a petitioner seeks to have a record of | ||||||
21 | arrest expunged under this Section, and the offender has | ||||||
22 | been convicted of a criminal offense, the State's Attorney | ||||||
23 | may object to the expungement on the grounds that the | ||||||
24 | records contain specific relevant information aside from | ||||||
25 | the mere fact of the arrest. | ||||||
26 | (2) Time frame for filing a petition to expunge. |
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1 | (A) When the arrest or charge not initiated by | ||||||
2 | arrest sought to be expunged resulted in an acquittal, | ||||||
3 | dismissal, the petitioner's release without charging, | ||||||
4 | or the reversal or vacation of a conviction, there is | ||||||
5 | no waiting period to petition for the expungement of | ||||||
6 | such records. | ||||||
7 | (B) When the arrest or charge not initiated by | ||||||
8 | arrest sought to be expunged resulted in an order of | ||||||
9 | supervision, successfully completed by the petitioner, | ||||||
10 | the following time frames will apply: | ||||||
11 | (i) Those arrests or charges that resulted in | ||||||
12 | orders of supervision under Section 3-707, 3-708, | ||||||
13 | 3-710, or 5-401.3 of the Illinois Vehicle Code or | ||||||
14 | a similar provision of a local ordinance, or under | ||||||
15 | Section 11-1.50, 12-3.2, or 12-15 of the Criminal | ||||||
16 | Code of 1961 or the Criminal Code of 2012, or a | ||||||
17 | similar provision of a local ordinance, shall not | ||||||
18 | be eligible for expungement until 5 years have | ||||||
19 | passed following the satisfactory termination of | ||||||
20 | the supervision. | ||||||
21 | (i-5) Those arrests or charges that resulted | ||||||
22 | in orders of supervision for a misdemeanor | ||||||
23 | violation of subsection (a) of Section 11-503 of | ||||||
24 | the Illinois Vehicle Code or a similar provision | ||||||
25 | of a local ordinance, that occurred prior to the | ||||||
26 | offender reaching the age of 25 years and the |
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1 | offender has no other conviction for violating | ||||||
2 | Section 11-501 or 11-503 of the Illinois Vehicle | ||||||
3 | Code or a similar provision of a local ordinance | ||||||
4 | shall not be eligible for expungement until the | ||||||
5 | petitioner has reached the age of 25 years. | ||||||
6 | (ii) Those arrests or charges that resulted in | ||||||
7 | orders of supervision for any other offenses shall | ||||||
8 | not be eligible for expungement until 2 years have | ||||||
9 | passed following the satisfactory termination of | ||||||
10 | the supervision. | ||||||
11 | (C) When the arrest or charge not initiated by | ||||||
12 | arrest sought to be expunged resulted in an order of | ||||||
13 | qualified probation, successfully completed by the | ||||||
14 | petitioner, such records shall not be eligible for | ||||||
15 | expungement until 5 years have passed following the | ||||||
16 | satisfactory termination of the probation. | ||||||
17 | (3) Those records maintained by the Illinois State | ||||||
18 | Police for persons arrested prior to their 17th birthday | ||||||
19 | shall be expunged as provided in Section 5-915 of the | ||||||
20 | Juvenile Court Act of 1987. | ||||||
21 | (4) Whenever a person has been arrested for or | ||||||
22 | convicted of any offense, in the name of a person whose | ||||||
23 | identity he or she has stolen or otherwise come into | ||||||
24 | possession of, the aggrieved person from whom the identity | ||||||
25 | was stolen or otherwise obtained without authorization, | ||||||
26 | upon learning of the person having been arrested using his |
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1 | or her identity, may, upon verified petition to the chief | ||||||
2 | judge of the circuit wherein the arrest was made, have a | ||||||
3 | court order entered nunc pro tunc by the Chief Judge to | ||||||
4 | correct the arrest record, conviction record, if any, and | ||||||
5 | all official records of the arresting authority, the | ||||||
6 | Illinois State Police, other criminal justice agencies, | ||||||
7 | the prosecutor, and the trial court concerning such | ||||||
8 | arrest, if any, by removing his or her name from all such | ||||||
9 | records in connection with the arrest and conviction, if | ||||||
10 | any, and by inserting in the records the name of the | ||||||
11 | offender, if known or ascertainable, in lieu of the | ||||||
12 | aggrieved's name. The records of the circuit court clerk | ||||||
13 | shall be sealed until further order of the court upon good | ||||||
14 | cause shown and the name of the aggrieved person | ||||||
15 | obliterated on the official index required to be kept by | ||||||
16 | the circuit court clerk under Section 16 of the Clerks of | ||||||
17 | Courts Act, but the order shall not affect any index | ||||||
18 | issued by the circuit court clerk before the entry of the | ||||||
19 | order. Nothing in this Section shall limit the Illinois | ||||||
20 | State Police or other criminal justice agencies or | ||||||
21 | prosecutors from listing under an offender's name the | ||||||
22 | false names he or she has used. | ||||||
23 | (5) Whenever a person has been convicted of criminal | ||||||
24 | sexual assault, aggravated criminal sexual assault, | ||||||
25 | predatory criminal sexual assault of a child, criminal | ||||||
26 | sexual abuse, or aggravated criminal sexual abuse, the |
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1 | victim of that offense may request that the State's | ||||||
2 | Attorney of the county in which the conviction occurred | ||||||
3 | file a verified petition with the presiding trial judge at | ||||||
4 | the petitioner's trial to have a court order entered to | ||||||
5 | seal the records of the circuit court clerk in connection | ||||||
6 | with the proceedings of the trial court concerning that | ||||||
7 | offense. However, the records of the arresting authority | ||||||
8 | and the Illinois State Police concerning the offense shall | ||||||
9 | not be sealed. The court, upon good cause shown, shall | ||||||
10 | make the records of the circuit court clerk in connection | ||||||
11 | with the proceedings of the trial court concerning the | ||||||
12 | offense available for public inspection. | ||||||
13 | (6) If a conviction has been set aside on direct | ||||||
14 | review or on collateral attack and the court determines by | ||||||
15 | clear and convincing evidence that the petitioner was | ||||||
16 | factually innocent of the charge, the court that finds the | ||||||
17 | petitioner factually innocent of the charge shall enter an | ||||||
18 | expungement order for the conviction for which the | ||||||
19 | petitioner has been determined to be innocent as provided | ||||||
20 | in subsection (b) of Section 5-5-4 of the Unified Code of | ||||||
21 | Corrections. | ||||||
22 | (7) Nothing in this Section shall prevent the Illinois | ||||||
23 | State Police from maintaining all records of any person | ||||||
24 | who is admitted to probation upon terms and conditions and | ||||||
25 | who fulfills those terms and conditions pursuant to | ||||||
26 | Section 10 of the Cannabis Control Act, Section 410 of the |
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1 | Illinois Controlled Substances Act, Section 70 of the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | Section 5-6-3.3 or 5-6-3.4 of the Unified Code of | ||||||
4 | Corrections, Section 12-4.3 or subdivision (b)(1) of | ||||||
5 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
6 | Criminal Code of 2012, Section 10-102 of the Illinois | ||||||
7 | Alcoholism and Other Drug Dependency Act, Section 40-10 of | ||||||
8 | the Substance Use Disorder Act, or Section 10 of the | ||||||
9 | Steroid Control Act. | ||||||
10 | (8) If the petitioner has been granted a certificate | ||||||
11 | of innocence under Section 2-702 of the Code of Civil | ||||||
12 | Procedure, the court that grants the certificate of | ||||||
13 | innocence shall also enter an order expunging the | ||||||
14 | conviction for which the petitioner has been determined to | ||||||
15 | be innocent as provided in subsection (h) of Section 2-702 | ||||||
16 | of the Code of Civil Procedure. | ||||||
17 | (c) Sealing. | ||||||
18 | (1) Applicability. Notwithstanding any other provision | ||||||
19 | of this Act to the contrary, and cumulative with any | ||||||
20 | rights to expungement of criminal records, this subsection | ||||||
21 | authorizes the sealing of criminal records of adults and | ||||||
22 | of minors prosecuted as adults. Subsection (g) of this | ||||||
23 | Section provides for immediate sealing of certain records. | ||||||
24 | (2) Eligible Records. The following records may be | ||||||
25 | sealed: | ||||||
26 | (A) All arrests resulting in release without |
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1 | charging; | ||||||
2 | (B) Arrests or charges not initiated by arrest | ||||||
3 | resulting in acquittal, dismissal, or conviction when | ||||||
4 | the conviction was reversed or vacated, except as | ||||||
5 | excluded by subsection (a)(3)(B); | ||||||
6 | (C) Arrests or charges not initiated by arrest | ||||||
7 | resulting in orders of supervision, including orders | ||||||
8 | of supervision for municipal ordinance violations, | ||||||
9 | successfully completed by the petitioner, unless | ||||||
10 | excluded by subsection (a)(3); | ||||||
11 | (D) Arrests or charges not initiated by arrest | ||||||
12 | resulting in convictions, including convictions on | ||||||
13 | municipal ordinance violations, unless excluded by | ||||||
14 | subsection (a)(3); | ||||||
15 | (E) Arrests or charges not initiated by arrest | ||||||
16 | resulting in orders of first offender probation under | ||||||
17 | Section 10 of the Cannabis Control Act, Section 410 of | ||||||
18 | the Illinois Controlled Substances Act, Section 70 of | ||||||
19 | the Methamphetamine Control and Community Protection | ||||||
20 | Act, or Section 5-6-3.3 of the Unified Code of | ||||||
21 | Corrections; and | ||||||
22 | (F) Arrests or charges not initiated by arrest | ||||||
23 | resulting in felony convictions unless otherwise | ||||||
24 | excluded by subsection (a) paragraph (3) of this | ||||||
25 | Section. | ||||||
26 | (3) When Records Are Eligible to Be Sealed. Records |
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1 | identified as eligible under subsection (c)(2) may be | ||||||
2 | sealed as follows: | ||||||
3 | (A) Records identified as eligible under | ||||||
4 | subsections (c)(2)(A) and (c)(2)(B) may be sealed at | ||||||
5 | any time. | ||||||
6 | (B) Except as otherwise provided in subparagraph | ||||||
7 | (E) of this paragraph (3), records identified as | ||||||
8 | eligible under subsection (c)(2)(C) may be sealed 2 | ||||||
9 | years after the termination of petitioner's last | ||||||
10 | sentence (as defined in subsection (a)(1)(F)). | ||||||
11 | (C) Except as otherwise provided in subparagraph | ||||||
12 | (E) of this paragraph (3), records identified as | ||||||
13 | eligible under subsections (c)(2)(D), (c)(2)(E), and | ||||||
14 | (c)(2)(F) may be sealed 3 years after the termination | ||||||
15 | of the petitioner's last sentence (as defined in | ||||||
16 | subsection (a)(1)(F)). Convictions requiring public | ||||||
17 | registration under the Arsonist Registration Act, the | ||||||
18 | Sex Offender Registration Act, or the Murderer and | ||||||
19 | Violent Offender Against Youth Registration Act may | ||||||
20 | not be sealed until the petitioner is no longer | ||||||
21 | required to register under that relevant Act. | ||||||
22 | (D) Records identified in subsection | ||||||
23 | (a)(3)(A)(iii) may be sealed after the petitioner has | ||||||
24 | reached the age of 25 years. | ||||||
25 | (E) Records identified as eligible under | ||||||
26 | subsection (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
| |||||||
| |||||||
1 | (c)(2)(F) may be sealed upon termination of the | ||||||
2 | petitioner's last sentence if the petitioner earned a | ||||||
3 | high school diploma, associate's degree, career | ||||||
4 | certificate, vocational technical certification, or | ||||||
5 | bachelor's degree, or passed the high school level | ||||||
6 | Test of General Educational Development, during the | ||||||
7 | period of his or her sentence or mandatory supervised | ||||||
8 | release. This subparagraph shall apply only to a | ||||||
9 | petitioner who has not completed the same educational | ||||||
10 | goal prior to the period of his or her sentence or | ||||||
11 | mandatory supervised release. If a petition for | ||||||
12 | sealing eligible records filed under this subparagraph | ||||||
13 | is denied by the court, the time periods under | ||||||
14 | subparagraph (B) or (C) shall apply to any subsequent | ||||||
15 | petition for sealing filed by the petitioner. | ||||||
16 | (4) Subsequent felony convictions. A person may not | ||||||
17 | have subsequent felony conviction records sealed as | ||||||
18 | provided in this subsection (c) if he or she is convicted | ||||||
19 | of any felony offense after the date of the sealing of | ||||||
20 | prior felony convictions as provided in this subsection | ||||||
21 | (c). The court may, upon conviction for a subsequent | ||||||
22 | felony offense, order the unsealing of prior felony | ||||||
23 | conviction records previously ordered sealed by the court. | ||||||
24 | (5) Notice of eligibility for sealing. Upon entry of a | ||||||
25 | disposition for an eligible record under this subsection | ||||||
26 | (c), the petitioner shall be informed by the court of the |
| |||||||
| |||||||
1 | right to have the records sealed and the procedures for | ||||||
2 | the sealing of the records. | ||||||
3 | (d) Procedure. The following procedures apply to | ||||||
4 | expungement under subsections (b), (e), and (e-6) and sealing | ||||||
5 | under subsections (c) and (e-5): | ||||||
6 | (1) Filing the petition. Upon becoming eligible to | ||||||
7 | petition for the expungement or sealing of records under | ||||||
8 | this Section, the petitioner shall file a petition | ||||||
9 | requesting the expungement or sealing of records with the | ||||||
10 | clerk of the court where the arrests occurred or the | ||||||
11 | charges were brought, or both. If arrests occurred or | ||||||
12 | charges were brought in multiple jurisdictions, a petition | ||||||
13 | must be filed in each such jurisdiction. The petitioner | ||||||
14 | shall pay the applicable fee, except no fee shall be | ||||||
15 | required if the petitioner has obtained a court order | ||||||
16 | waiving fees under Supreme Court Rule 298 or it is | ||||||
17 | otherwise waived. | ||||||
18 | (1.5) County fee waiver pilot program. From August 9, | ||||||
19 | 2019 (the effective date of Public Act 101-306) through | ||||||
20 | December 31, 2020, in a county of 3,000,000 or more | ||||||
21 | inhabitants, no fee shall be required to be paid by a | ||||||
22 | petitioner if the records sought to be expunged or sealed | ||||||
23 | were arrests resulting in release without charging or | ||||||
24 | arrests or charges not initiated by arrest resulting in | ||||||
25 | acquittal, dismissal, or conviction when the conviction | ||||||
26 | was reversed or vacated, unless excluded by subsection |
| |||||||
| |||||||
1 | (a)(3)(B). The provisions of this paragraph (1.5), other | ||||||
2 | than this sentence, are inoperative on and after January | ||||||
3 | 1, 2022. | ||||||
4 | (2) Contents of petition. The petition shall be | ||||||
5 | verified and shall contain the petitioner's name, date of | ||||||
6 | birth, current address and, for each arrest or charge not | ||||||
7 | initiated by arrest sought to be sealed or expunged, the | ||||||
8 | case number, the date of arrest (if any), the identity of | ||||||
9 | the arresting authority, and such other information as the | ||||||
10 | court may require. During the pendency of the proceeding, | ||||||
11 | the petitioner shall promptly notify the circuit court | ||||||
12 | clerk of any change of his or her address. If the | ||||||
13 | petitioner has received a certificate of eligibility for | ||||||
14 | sealing from the Prisoner Review Board under paragraph | ||||||
15 | (10) of subsection (a) of Section 3-3-2 of the Unified | ||||||
16 | Code of Corrections, the certificate shall be attached to | ||||||
17 | the petition. | ||||||
18 | (3) Drug test. The petitioner must attach to the | ||||||
19 | petition proof that the petitioner has taken within 30 | ||||||
20 | days before the filing of the petition a test showing the | ||||||
21 | absence within his or her body of all illegal substances | ||||||
22 | as defined by the Illinois Controlled Substances Act and | ||||||
23 | the Methamphetamine Control and Community Protection Act | ||||||
24 | if he or she is petitioning to: | ||||||
25 | (A) seal felony records under clause (c)(2)(E); | ||||||
26 | (B) seal felony records for a violation of the |
| |||||||
| |||||||
1 | Illinois Controlled Substances Act, the | ||||||
2 | Methamphetamine Control and Community Protection Act, | ||||||
3 | or the Cannabis Control Act under clause (c)(2)(F); | ||||||
4 | (C) seal felony records under subsection (e-5); or | ||||||
5 | (D) expunge felony records of a qualified | ||||||
6 | probation under clause (b)(1)(iv). | ||||||
7 | (4) Service of petition. The circuit court clerk shall | ||||||
8 | promptly serve a copy of the petition and documentation to | ||||||
9 | support the petition under subsection (e-5) or (e-6) on | ||||||
10 | the State's Attorney or prosecutor charged with the duty | ||||||
11 | of prosecuting the offense, the Illinois State Police, the | ||||||
12 | arresting agency and the chief legal officer of the unit | ||||||
13 | of local government effecting the arrest. | ||||||
14 | (5) Objections. | ||||||
15 | (A) Any party entitled to notice of the petition | ||||||
16 | may file an objection to the petition. All objections | ||||||
17 | shall be in writing, shall be filed with the circuit | ||||||
18 | court clerk, and shall state with specificity the | ||||||
19 | basis of the objection. Whenever a person who has been | ||||||
20 | convicted of an offense is granted a pardon by the | ||||||
21 | Governor which specifically authorizes expungement, an | ||||||
22 | objection to the petition may not be filed. | ||||||
23 | (B) Objections to a petition to expunge or seal | ||||||
24 | must be filed within 60 days of the date of service of | ||||||
25 | the petition. | ||||||
26 | (6) Entry of order. |
| |||||||
| |||||||
1 | (A) The Chief Judge of the circuit wherein the | ||||||
2 | charge was brought, any judge of that circuit | ||||||
3 | designated by the Chief Judge, or in counties of less | ||||||
4 | than 3,000,000 inhabitants, the presiding trial judge | ||||||
5 | at the petitioner's trial, if any, shall rule on the | ||||||
6 | petition to expunge or seal as set forth in this | ||||||
7 | subsection (d)(6). | ||||||
8 | (B) Unless the State's Attorney or prosecutor, the | ||||||
9 | Illinois State Police, the arresting agency, or the | ||||||
10 | chief legal officer files an objection to the petition | ||||||
11 | to expunge or seal within 60 days from the date of | ||||||
12 | service of the petition, the court shall enter an | ||||||
13 | order granting or denying the petition. | ||||||
14 | (C) Notwithstanding any other provision of law, | ||||||
15 | the court shall not deny a petition for sealing under | ||||||
16 | this Section because the petitioner has not satisfied | ||||||
17 | an outstanding legal financial obligation established, | ||||||
18 | imposed, or originated by a court, law enforcement | ||||||
19 | agency, or a municipal, State, county, or other unit | ||||||
20 | of local government, including, but not limited to, | ||||||
21 | any cost, assessment, fine, or fee. An outstanding | ||||||
22 | legal financial obligation does not include any court | ||||||
23 | ordered restitution to a victim under Section 5-5-6 of | ||||||
24 | the Unified Code of Corrections, unless the | ||||||
25 | restitution has been converted to a civil judgment. | ||||||
26 | Nothing in this subparagraph (C) waives, rescinds, or |
| |||||||
| |||||||
1 | abrogates a legal financial obligation or otherwise | ||||||
2 | eliminates or affects the right of the holder of any | ||||||
3 | financial obligation to pursue collection under | ||||||
4 | applicable federal, State, or local law. | ||||||
5 | (D) Notwithstanding any other provision of law, | ||||||
6 | the court shall not deny a petition to expunge or seal | ||||||
7 | under this Section because the petitioner has | ||||||
8 | submitted a drug test taken within 30 days before the | ||||||
9 | filing of the petition to expunge or seal that | ||||||
10 | indicates a positive test for the presence of cannabis | ||||||
11 | within the petitioner's body. In this subparagraph | ||||||
12 | (D), "cannabis" has the meaning ascribed to it in | ||||||
13 | Section 3 of the Cannabis Control Act. | ||||||
14 | (7) Hearings. If an objection is filed, the court | ||||||
15 | shall set a date for a hearing and notify the petitioner | ||||||
16 | and all parties entitled to notice of the petition of the | ||||||
17 | hearing date at least 30 days prior to the hearing. Prior | ||||||
18 | to the hearing, the State's Attorney shall consult with | ||||||
19 | the Illinois State Police as to the appropriateness of the | ||||||
20 | relief sought in the petition to expunge or seal. At the | ||||||
21 | hearing, the court shall hear evidence on whether the | ||||||
22 | petition should or should not be granted, and shall grant | ||||||
23 | or deny the petition to expunge or seal the records based | ||||||
24 | on the evidence presented at the hearing. The court may | ||||||
25 | consider the following: | ||||||
26 | (A) the strength of the evidence supporting the |
| |||||||
| |||||||
1 | defendant's conviction; | ||||||
2 | (B) the reasons for retention of the conviction | ||||||
3 | records by the State; | ||||||
4 | (C) the petitioner's age, criminal record history, | ||||||
5 | and employment history; | ||||||
6 | (D) the period of time between the petitioner's | ||||||
7 | arrest on the charge resulting in the conviction and | ||||||
8 | the filing of the petition under this Section; and | ||||||
9 | (E) the specific adverse consequences the | ||||||
10 | petitioner may be subject to if the petition is | ||||||
11 | denied. | ||||||
12 | (8) Service of order. After entering an order to | ||||||
13 | expunge or seal records, the court must provide copies of | ||||||
14 | the order to the Illinois State Police, in a form and | ||||||
15 | manner prescribed by the Illinois State Police, to the | ||||||
16 | petitioner, to the State's Attorney or prosecutor charged | ||||||
17 | with the duty of prosecuting the offense, to the arresting | ||||||
18 | agency, to the chief legal officer of the unit of local | ||||||
19 | government effecting the arrest, and to such other | ||||||
20 | criminal justice agencies as may be ordered by the court. | ||||||
21 | (9) Implementation of order. | ||||||
22 | (A) Upon entry of an order to expunge records | ||||||
23 | pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or | ||||||
24 | both: | ||||||
25 | (i) the records shall be expunged (as defined | ||||||
26 | in subsection (a)(1)(E)) by the arresting agency, |
| |||||||
| |||||||
1 | the Illinois State Police, and any other agency as | ||||||
2 | ordered by the court, within 60 days of the date of | ||||||
3 | service of the order, unless a motion to vacate, | ||||||
4 | modify, or reconsider the order is filed pursuant | ||||||
5 | to paragraph (12) of subsection (d) of this | ||||||
6 | Section; | ||||||
7 | (ii) the records of the circuit court clerk | ||||||
8 | shall be impounded until further order of the | ||||||
9 | court upon good cause shown and the name of the | ||||||
10 | petitioner obliterated on the official index | ||||||
11 | required to be kept by the circuit court clerk | ||||||
12 | under Section 16 of the Clerks of Courts Act, but | ||||||
13 | the order shall not affect any index issued by the | ||||||
14 | circuit court clerk before the entry of the order; | ||||||
15 | and | ||||||
16 | (iii) in response to an inquiry for expunged | ||||||
17 | records, the court, the Illinois State Police, or | ||||||
18 | the agency receiving such inquiry, shall reply as | ||||||
19 | it does in response to inquiries when no records | ||||||
20 | ever existed. | ||||||
21 | (B) Upon entry of an order to expunge records | ||||||
22 | pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or | ||||||
23 | both: | ||||||
24 | (i) the records shall be expunged (as defined | ||||||
25 | in subsection (a)(1)(E)) by the arresting agency | ||||||
26 | and any other agency as ordered by the court, |
| |||||||
| |||||||
1 | within 60 days of the date of service of the order, | ||||||
2 | unless a motion to vacate, modify, or reconsider | ||||||
3 | the order is filed pursuant to paragraph (12) of | ||||||
4 | subsection (d) of this Section; | ||||||
5 | (ii) the records of the circuit court clerk | ||||||
6 | shall be impounded until further order of the | ||||||
7 | court upon good cause shown and the name of the | ||||||
8 | petitioner obliterated on the official index | ||||||
9 | required to be kept by the circuit court clerk | ||||||
10 | under Section 16 of the Clerks of Courts Act, but | ||||||
11 | the order shall not affect any index issued by the | ||||||
12 | circuit court clerk before the entry of the order; | ||||||
13 | (iii) the records shall be impounded by the | ||||||
14 | Illinois State Police within 60 days of the date | ||||||
15 | of service of the order as ordered by the court, | ||||||
16 | unless a motion to vacate, modify, or reconsider | ||||||
17 | the order is filed pursuant to paragraph (12) of | ||||||
18 | subsection (d) of this Section; | ||||||
19 | (iv) records impounded by the Illinois State | ||||||
20 | Police may be disseminated by the Illinois State | ||||||
21 | Police only as required by law or to the arresting | ||||||
22 | authority, the State's Attorney, and the court | ||||||
23 | upon a later arrest for the same or a similar | ||||||
24 | offense or for the purpose of sentencing for any | ||||||
25 | subsequent felony, and to the Department of | ||||||
26 | Corrections upon conviction for any offense; and |
| |||||||
| |||||||
1 | (v) in response to an inquiry for such records | ||||||
2 | from anyone not authorized by law to access such | ||||||
3 | records, the court, the Illinois State Police, or | ||||||
4 | the agency receiving such inquiry shall reply as | ||||||
5 | it does in response to inquiries when no records | ||||||
6 | ever existed. | ||||||
7 | (B-5) Upon entry of an order to expunge records | ||||||
8 | under subsection (e-6): | ||||||
9 | (i) the records shall be expunged (as defined | ||||||
10 | in subsection (a)(1)(E)) by the arresting agency | ||||||
11 | and any other agency as ordered by the court, | ||||||
12 | within 60 days of the date of service of the order, | ||||||
13 | unless a motion to vacate, modify, or reconsider | ||||||
14 | the order is filed under paragraph (12) of | ||||||
15 | subsection (d) of this Section; | ||||||
16 | (ii) the records of the circuit court clerk | ||||||
17 | shall be impounded until further order of the | ||||||
18 | court upon good cause shown and the name of the | ||||||
19 | petitioner obliterated on the official index | ||||||
20 | required to be kept by the circuit court clerk | ||||||
21 | under Section 16 of the Clerks of Courts Act, but | ||||||
22 | the order shall not affect any index issued by the | ||||||
23 | circuit court clerk before the entry of the order; | ||||||
24 | (iii) the records shall be impounded by the | ||||||
25 | Illinois State Police within 60 days of the date | ||||||
26 | of service of the order as ordered by the court, |
| |||||||
| |||||||
1 | unless a motion to vacate, modify, or reconsider | ||||||
2 | the order is filed under paragraph (12) of | ||||||
3 | subsection (d) of this Section; | ||||||
4 | (iv) records impounded by the Illinois State | ||||||
5 | Police may be disseminated by the Illinois State | ||||||
6 | Police only as required by law or to the arresting | ||||||
7 | authority, the State's Attorney, and the court | ||||||
8 | upon a later arrest for the same or a similar | ||||||
9 | offense or for the purpose of sentencing for any | ||||||
10 | subsequent felony, and to the Department of | ||||||
11 | Corrections upon conviction for any offense; and | ||||||
12 | (v) in response to an inquiry for these | ||||||
13 | records from anyone not authorized by law to | ||||||
14 | access the records, the court, the Illinois State | ||||||
15 | Police, or the agency receiving the inquiry shall | ||||||
16 | reply as it does in response to inquiries when no | ||||||
17 | records ever existed. | ||||||
18 | (C) Upon entry of an order to seal records under | ||||||
19 | subsection (c), the arresting agency, any other agency | ||||||
20 | as ordered by the court, the Illinois State Police, | ||||||
21 | and the court shall seal the records (as defined in | ||||||
22 | subsection (a)(1)(K)). In response to an inquiry for | ||||||
23 | such records, from anyone not authorized by law to | ||||||
24 | access such records, the court, the Illinois State | ||||||
25 | Police, or the agency receiving such inquiry shall | ||||||
26 | reply as it does in response to inquiries when no |
| |||||||
| |||||||
1 | records ever existed. | ||||||
2 | (D) The Illinois State Police shall send written | ||||||
3 | notice to the petitioner of its compliance with each | ||||||
4 | order to expunge or seal records within 60 days of the | ||||||
5 | date of service of that order or, if a motion to | ||||||
6 | vacate, modify, or reconsider is filed, within 60 days | ||||||
7 | of service of the order resolving the motion, if that | ||||||
8 | order requires the Illinois State Police to expunge or | ||||||
9 | seal records. In the event of an appeal from the | ||||||
10 | circuit court order, the Illinois State Police shall | ||||||
11 | send written notice to the petitioner of its | ||||||
12 | compliance with an Appellate Court or Supreme Court | ||||||
13 | judgment to expunge or seal records within 60 days of | ||||||
14 | the issuance of the court's mandate. The notice is not | ||||||
15 | required while any motion to vacate, modify, or | ||||||
16 | reconsider, or any appeal or petition for | ||||||
17 | discretionary appellate review, is pending. | ||||||
18 | (E) Upon motion, the court may order that a sealed | ||||||
19 | judgment or other court record necessary to | ||||||
20 | demonstrate the amount of any legal financial | ||||||
21 | obligation due and owing be made available for the | ||||||
22 | limited purpose of collecting any legal financial | ||||||
23 | obligations owed by the petitioner that were | ||||||
24 | established, imposed, or originated in the criminal | ||||||
25 | proceeding for which those records have been sealed. | ||||||
26 | The records made available under this subparagraph (E) |
| |||||||
| |||||||
1 | shall not be entered into the official index required | ||||||
2 | to be kept by the circuit court clerk under Section 16 | ||||||
3 | of the Clerks of Courts Act and shall be immediately | ||||||
4 | re-impounded upon the collection of the outstanding | ||||||
5 | financial obligations. | ||||||
6 | (F) Notwithstanding any other provision of this | ||||||
7 | Section, a circuit court clerk may access a sealed | ||||||
8 | record for the limited purpose of collecting payment | ||||||
9 | for any legal financial obligations that were | ||||||
10 | established, imposed, or originated in the criminal | ||||||
11 | proceedings for which those records have been sealed. | ||||||
12 | (10) Fees. The Illinois State Police may charge the | ||||||
13 | petitioner a fee equivalent to the cost of processing any | ||||||
14 | order to expunge or seal records. Notwithstanding any | ||||||
15 | provision of the Clerks of Courts Act to the contrary, the | ||||||
16 | circuit court clerk may charge a fee equivalent to the | ||||||
17 | cost associated with the sealing or expungement of records | ||||||
18 | by the circuit court clerk. From the total filing fee | ||||||
19 | collected for the petition to seal or expunge, the circuit | ||||||
20 | court clerk shall deposit $10 into the Circuit Court Clerk | ||||||
21 | Operation and Administrative Fund, to be used to offset | ||||||
22 | the costs incurred by the circuit court clerk in | ||||||
23 | performing the additional duties required to serve the | ||||||
24 | petition to seal or expunge on all parties. The circuit | ||||||
25 | court clerk shall collect and remit the Illinois State | ||||||
26 | Police portion of the fee to the State Treasurer and it |
| |||||||
| |||||||
1 | shall be deposited in the State Police Services Fund. If | ||||||
2 | the record brought under an expungement petition was | ||||||
3 | previously sealed under this Section, the fee for the | ||||||
4 | expungement petition for that same record shall be waived. | ||||||
5 | (11) Final Order. No court order issued under the | ||||||
6 | expungement or sealing provisions of this Section shall | ||||||
7 | become final for purposes of appeal until 30 days after | ||||||
8 | service of the order on the petitioner and all parties | ||||||
9 | entitled to notice of the petition. | ||||||
10 | (12) Motion to Vacate, Modify, or Reconsider. Under | ||||||
11 | Section 2-1203 of the Code of Civil Procedure, the | ||||||
12 | petitioner or any party entitled to notice may file a | ||||||
13 | motion to vacate, modify, or reconsider the order granting | ||||||
14 | or denying the petition to expunge or seal within 60 days | ||||||
15 | of service of the order. If filed more than 60 days after | ||||||
16 | service of the order, a petition to vacate, modify, or | ||||||
17 | reconsider shall comply with subsection (c) of Section | ||||||
18 | 2-1401 of the Code of Civil Procedure. Upon filing of a | ||||||
19 | motion to vacate, modify, or reconsider, notice of the | ||||||
20 | motion shall be served upon the petitioner and all parties | ||||||
21 | entitled to notice of the petition. | ||||||
22 | (13) Effect of Order. An order granting a petition | ||||||
23 | under the expungement or sealing provisions of this | ||||||
24 | Section shall not be considered void because it fails to | ||||||
25 | comply with the provisions of this Section or because of | ||||||
26 | any error asserted in a motion to vacate, modify, or |
| |||||||
| |||||||
1 | reconsider. The circuit court retains jurisdiction to | ||||||
2 | determine whether the order is voidable and to vacate, | ||||||
3 | modify, or reconsider its terms based on a motion filed | ||||||
4 | under paragraph (12) of this subsection (d). | ||||||
5 | (14) Compliance with Order Granting Petition to Seal | ||||||
6 | Records. Unless a court has entered a stay of an order | ||||||
7 | granting a petition to seal, all parties entitled to | ||||||
8 | notice of the petition must fully comply with the terms of | ||||||
9 | the order within 60 days of service of the order even if a | ||||||
10 | party is seeking relief from the order through a motion | ||||||
11 | filed under paragraph (12) of this subsection (d) or is | ||||||
12 | appealing the order. | ||||||
13 | (15) Compliance with Order Granting Petition to | ||||||
14 | Expunge Records. While a party is seeking relief from the | ||||||
15 | order granting the petition to expunge through a motion | ||||||
16 | filed under paragraph (12) of this subsection (d) or is | ||||||
17 | appealing the order, and unless a court has entered a stay | ||||||
18 | of that order, the parties entitled to notice of the | ||||||
19 | petition must seal, but need not expunge, the records | ||||||
20 | until there is a final order on the motion for relief or, | ||||||
21 | in the case of an appeal, the issuance of that court's | ||||||
22 | mandate. | ||||||
23 | (16) The changes to this subsection (d) made by Public | ||||||
24 | Act 98-163 apply to all petitions pending on August 5, | ||||||
25 | 2013 (the effective date of Public Act 98-163) and to all | ||||||
26 | orders ruling on a petition to expunge or seal on or after |
| |||||||
| |||||||
1 | August 5, 2013 (the effective date of Public Act 98-163). | ||||||
2 | (e) Whenever a person who has been convicted of an offense | ||||||
3 | is granted a pardon by the Governor which specifically | ||||||
4 | authorizes expungement, he or she may, upon verified petition | ||||||
5 | to the Chief Judge of the circuit where the person had been | ||||||
6 | convicted, any judge of the circuit designated by the Chief | ||||||
7 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
8 | presiding trial judge at the defendant's trial, have a court | ||||||
9 | order entered expunging the record of arrest from the official | ||||||
10 | records of the arresting authority and order that the records | ||||||
11 | of the circuit court clerk and the Illinois State Police be | ||||||
12 | sealed until further order of the court upon good cause shown | ||||||
13 | or as otherwise provided herein, and the name of the defendant | ||||||
14 | obliterated from the official index requested to be kept by | ||||||
15 | the circuit court clerk under Section 16 of the Clerks of | ||||||
16 | Courts Act in connection with the arrest and conviction for | ||||||
17 | the offense for which he or she had been pardoned but the order | ||||||
18 | shall not affect any index issued by the circuit court clerk | ||||||
19 | before the entry of the order. All records sealed by the | ||||||
20 | Illinois State Police may be disseminated by the Illinois | ||||||
21 | State Police only to the arresting authority, the State's | ||||||
22 | Attorney, and the court upon a later arrest for the same or | ||||||
23 | similar offense or for the purpose of sentencing for any | ||||||
24 | subsequent felony. Upon conviction for any subsequent offense, | ||||||
25 | the Department of Corrections shall have access to all sealed | ||||||
26 | records of the Illinois State Police pertaining to that |
| |||||||
| |||||||
1 | individual. Upon entry of the order of expungement, the | ||||||
2 | circuit court clerk shall promptly mail a copy of the order to | ||||||
3 | the person who was pardoned. | ||||||
4 | (e-5) Whenever a person who has been convicted of an | ||||||
5 | offense is granted a certificate of eligibility for sealing by | ||||||
6 | the Prisoner Review Board which specifically authorizes | ||||||
7 | sealing, he or she may, upon verified petition to the Chief | ||||||
8 | Judge of the circuit where the person had been convicted, any | ||||||
9 | judge of the circuit designated by the Chief Judge, or in | ||||||
10 | counties of less than 3,000,000 inhabitants, the presiding | ||||||
11 | trial judge at the petitioner's trial, have a court order | ||||||
12 | entered sealing the record of arrest from the official records | ||||||
13 | of the arresting authority and order that the records of the | ||||||
14 | circuit court clerk and the Illinois State Police be sealed | ||||||
15 | until further order of the court upon good cause shown or as | ||||||
16 | otherwise provided herein, and the name of the petitioner | ||||||
17 | obliterated from the official index requested to be kept by | ||||||
18 | the circuit court clerk under Section 16 of the Clerks of | ||||||
19 | Courts Act in connection with the arrest and conviction for | ||||||
20 | the offense for which he or she had been granted the | ||||||
21 | certificate but the order shall not affect any index issued by | ||||||
22 | the circuit court clerk before the entry of the order. All | ||||||
23 | records sealed by the Illinois State Police may be | ||||||
24 | disseminated by the Illinois State Police only as required by | ||||||
25 | this Act or to the arresting authority, a law enforcement | ||||||
26 | agency, the State's Attorney, and the court upon a later |
| |||||||
| |||||||
1 | arrest for the same or similar offense or for the purpose of | ||||||
2 | sentencing for any subsequent felony. Upon conviction for any | ||||||
3 | subsequent offense, the Department of Corrections shall have | ||||||
4 | access to all sealed records of the Illinois State Police | ||||||
5 | pertaining to that individual. Upon entry of the order of | ||||||
6 | sealing, the circuit court clerk shall promptly mail a copy of | ||||||
7 | the order to the person who was granted the certificate of | ||||||
8 | eligibility for sealing. | ||||||
9 | (e-6) Whenever a person who has been convicted of an | ||||||
10 | offense is granted a certificate of eligibility for | ||||||
11 | expungement by the Prisoner Review Board which specifically | ||||||
12 | authorizes expungement, he or she may, upon verified petition | ||||||
13 | to the Chief Judge of the circuit where the person had been | ||||||
14 | convicted, any judge of the circuit designated by the Chief | ||||||
15 | Judge, or in counties of less than 3,000,000 inhabitants, the | ||||||
16 | presiding trial judge at the petitioner's trial, have a court | ||||||
17 | order entered expunging the record of arrest from the official | ||||||
18 | records of the arresting authority and order that the records | ||||||
19 | of the circuit court clerk and the Illinois State Police be | ||||||
20 | sealed until further order of the court upon good cause shown | ||||||
21 | or as otherwise provided herein, and the name of the | ||||||
22 | petitioner obliterated from the official index requested to be | ||||||
23 | kept by the circuit court clerk under Section 16 of the Clerks | ||||||
24 | of Courts Act in connection with the arrest and conviction for | ||||||
25 | the offense for which he or she had been granted the | ||||||
26 | certificate but the order shall not affect any index issued by |
| |||||||
| |||||||
1 | the circuit court clerk before the entry of the order. All | ||||||
2 | records sealed by the Illinois State Police may be | ||||||
3 | disseminated by the Illinois State Police only as required by | ||||||
4 | this Act or to the arresting authority, a law enforcement | ||||||
5 | agency, the State's Attorney, and the court upon a later | ||||||
6 | arrest for the same or similar offense or for the purpose of | ||||||
7 | sentencing for any subsequent felony. Upon conviction for any | ||||||
8 | subsequent offense, the Department of Corrections shall have | ||||||
9 | access to all expunged records of the Illinois State Police | ||||||
10 | pertaining to that individual. Upon entry of the order of | ||||||
11 | expungement, the circuit court clerk shall promptly mail a | ||||||
12 | copy of the order to the person who was granted the certificate | ||||||
13 | of eligibility for expungement. | ||||||
14 | (f) Subject to available funding, the Illinois Department | ||||||
15 | of Corrections shall conduct a study of the impact of sealing, | ||||||
16 | especially on employment and recidivism rates, utilizing a | ||||||
17 | random sample of those who apply for the sealing of their | ||||||
18 | criminal records under Public Act 93-211. At the request of | ||||||
19 | the Illinois Department of Corrections, records of the | ||||||
20 | Illinois Department of Employment Security shall be utilized | ||||||
21 | as appropriate to assist in the study. The study shall not | ||||||
22 | disclose any data in a manner that would allow the | ||||||
23 | identification of any particular individual or employing unit. | ||||||
24 | The study shall be made available to the General Assembly no | ||||||
25 | later than September 1, 2010. | ||||||
26 | (g) Immediate Sealing. |
| |||||||
| |||||||
1 | (1) Applicability. Notwithstanding any other provision | ||||||
2 | of this Act to the contrary, and cumulative with any | ||||||
3 | rights to expungement or sealing of criminal records, this | ||||||
4 | subsection authorizes the immediate sealing of criminal | ||||||
5 | records of adults and of minors prosecuted as adults. | ||||||
6 | (2) Eligible Records. Arrests or charges not initiated | ||||||
7 | by arrest resulting in acquittal or dismissal with | ||||||
8 | prejudice, except as excluded by subsection (a)(3)(B), | ||||||
9 | that occur on or after January 1, 2018 (the effective date | ||||||
10 | of Public Act 100-282), may be sealed immediately if the | ||||||
11 | petition is filed with the circuit court clerk on the same | ||||||
12 | day and during the same hearing in which the case is | ||||||
13 | disposed. | ||||||
14 | (3) When Records are Eligible to be Immediately | ||||||
15 | Sealed. Eligible records under paragraph (2) of this | ||||||
16 | subsection (g) may be sealed immediately after entry of | ||||||
17 | the final disposition of a case, notwithstanding the | ||||||
18 | disposition of other charges in the same case. | ||||||
19 | (4) Notice of Eligibility for Immediate Sealing. Upon | ||||||
20 | entry of a disposition for an eligible record under this | ||||||
21 | subsection (g), the defendant shall be informed by the | ||||||
22 | court of his or her right to have eligible records | ||||||
23 | immediately sealed and the procedure for the immediate | ||||||
24 | sealing of these records. | ||||||
25 | (5) Procedure. The following procedures apply to | ||||||
26 | immediate sealing under this subsection (g). |
| |||||||
| |||||||
1 | (A) Filing the Petition. Upon entry of the final | ||||||
2 | disposition of the case, the defendant's attorney may | ||||||
3 | immediately petition the court, on behalf of the | ||||||
4 | defendant, for immediate sealing of eligible records | ||||||
5 | under paragraph (2) of this subsection (g) that are | ||||||
6 | entered on or after January 1, 2018 (the effective | ||||||
7 | date of Public Act 100-282). The immediate sealing | ||||||
8 | petition may be filed with the circuit court clerk | ||||||
9 | during the hearing in which the final disposition of | ||||||
10 | the case is entered. If the defendant's attorney does | ||||||
11 | not file the petition for immediate sealing during the | ||||||
12 | hearing, the defendant may file a petition for sealing | ||||||
13 | at any time as authorized under subsection (c)(3)(A). | ||||||
14 | (B) Contents of Petition. The immediate sealing | ||||||
15 | petition shall be verified and shall contain the | ||||||
16 | petitioner's name, date of birth, current address, and | ||||||
17 | for each eligible record, the case number, the date of | ||||||
18 | arrest if applicable, the identity of the arresting | ||||||
19 | authority if applicable, and other information as the | ||||||
20 | court may require. | ||||||
21 | (C) Drug Test. The petitioner shall not be | ||||||
22 | required to attach proof that he or she has passed a | ||||||
23 | drug test. | ||||||
24 | (D) Service of Petition. A copy of the petition | ||||||
25 | shall be served on the State's Attorney in open court. | ||||||
26 | The petitioner shall not be required to serve a copy of |
| |||||||
| |||||||
1 | the petition on any other agency. | ||||||
2 | (E) Entry of Order. The presiding trial judge | ||||||
3 | shall enter an order granting or denying the petition | ||||||
4 | for immediate sealing during the hearing in which it | ||||||
5 | is filed. Petitions for immediate sealing shall be | ||||||
6 | ruled on in the same hearing in which the final | ||||||
7 | disposition of the case is entered. | ||||||
8 | (F) Hearings. The court shall hear the petition | ||||||
9 | for immediate sealing on the same day and during the | ||||||
10 | same hearing in which the disposition is rendered. | ||||||
11 | (G) Service of Order. An order to immediately seal | ||||||
12 | eligible records shall be served in conformance with | ||||||
13 | subsection (d)(8). | ||||||
14 | (H) Implementation of Order. An order to | ||||||
15 | immediately seal records shall be implemented in | ||||||
16 | conformance with subsections (d)(9)(C) and (d)(9)(D). | ||||||
17 | (I) Fees. The fee imposed by the circuit court | ||||||
18 | clerk and the Illinois State Police shall comply with | ||||||
19 | paragraph (1) of subsection (d) of this Section. | ||||||
20 | (J) Final Order. No court order issued under this | ||||||
21 | subsection (g) shall become final for purposes of | ||||||
22 | appeal until 30 days after service of the order on the | ||||||
23 | petitioner and all parties entitled to service of the | ||||||
24 | order in conformance with subsection (d)(8). | ||||||
25 | (K) Motion to Vacate, Modify, or Reconsider. Under | ||||||
26 | Section 2-1203 of the Code of Civil Procedure, the |
| |||||||
| |||||||
1 | petitioner, State's Attorney, or the Illinois State | ||||||
2 | Police may file a motion to vacate, modify, or | ||||||
3 | reconsider the order denying the petition to | ||||||
4 | immediately seal within 60 days of service of the | ||||||
5 | order. If filed more than 60 days after service of the | ||||||
6 | order, a petition to vacate, modify, or reconsider | ||||||
7 | shall comply with subsection (c) of Section 2-1401 of | ||||||
8 | the Code of Civil Procedure. | ||||||
9 | (L) Effect of Order. An order granting an | ||||||
10 | immediate sealing petition shall not be considered | ||||||
11 | void because it fails to comply with the provisions of | ||||||
12 | this Section or because of an error asserted in a | ||||||
13 | motion to vacate, modify, or reconsider. The circuit | ||||||
14 | court retains jurisdiction to determine whether the | ||||||
15 | order is voidable, and to vacate, modify, or | ||||||
16 | reconsider its terms based on a motion filed under | ||||||
17 | subparagraph (L) of this subsection (g). | ||||||
18 | (M) Compliance with Order Granting Petition to | ||||||
19 | Seal Records. Unless a court has entered a stay of an | ||||||
20 | order granting a petition to immediately seal, all | ||||||
21 | parties entitled to service of the order must fully | ||||||
22 | comply with the terms of the order within 60 days of | ||||||
23 | service of the order. | ||||||
24 | (h) Sealing or vacation and expungement of trafficking | ||||||
25 | victims' crimes. | ||||||
26 | (1) A trafficking victim, as defined by paragraph (10) |
| |||||||
| |||||||
1 | of subsection (a) of Section 10-9 of the Criminal Code of | ||||||
2 | 2012, may petition for vacation and expungement or | ||||||
3 | immediate sealing of his or her criminal record upon the | ||||||
4 | completion of his or her last sentence if his or her | ||||||
5 | participation in the underlying offense was a result of | ||||||
6 | human trafficking under Section 10-9 of the Criminal Code | ||||||
7 | of 2012 or a severe form of trafficking under the federal | ||||||
8 | Trafficking Victims Protection Act. | ||||||
9 | (1.5) A petition under paragraph (1) shall be | ||||||
10 | prepared, signed, and filed in accordance with Supreme | ||||||
11 | Court Rule 9. The court may allow the petitioner to attend | ||||||
12 | any required hearing remotely in accordance with local | ||||||
13 | rules. The court may allow a petition to be filed under | ||||||
14 | seal if the public filing of the petition would constitute | ||||||
15 | a risk of harm to the petitioner. | ||||||
16 | (2) A petitioner under this subsection (h), in | ||||||
17 | addition to the requirements provided under paragraph (4) | ||||||
18 | of subsection (d) of this Section, shall include in his or | ||||||
19 | her petition a clear and concise statement that: (A) he or | ||||||
20 | she was a victim of human trafficking at the time of the | ||||||
21 | offense; and (B) that his or her participation in the | ||||||
22 | offense was a result of human trafficking under Section | ||||||
23 | 10-9 of the Criminal Code of 2012 or a severe form of | ||||||
24 | trafficking under the federal Trafficking Victims | ||||||
25 | Protection Act. | ||||||
26 | (3) If an objection is filed alleging that the |
| |||||||
| |||||||
1 | petitioner is not entitled to vacation and expungement or | ||||||
2 | immediate sealing under this subsection (h), the court | ||||||
3 | shall conduct a hearing under paragraph (7) of subsection | ||||||
4 | (d) of this Section and the court shall determine whether | ||||||
5 | the petitioner is entitled to vacation and expungement or | ||||||
6 | immediate sealing under this subsection (h). A petitioner | ||||||
7 | is eligible for vacation and expungement or immediate | ||||||
8 | relief under this subsection (h) if he or she shows, by a | ||||||
9 | preponderance of the evidence, that: (A) he or she was a | ||||||
10 | victim of human trafficking at the time of the offense; | ||||||
11 | and (B) that his or her participation in the offense was a | ||||||
12 | result of human trafficking under Section 10-9 of the | ||||||
13 | Criminal Code of 2012 or a severe form of trafficking | ||||||
14 | under the federal Trafficking Victims Protection Act. | ||||||
15 | (i) Minor Cannabis Offenses under the Cannabis Control | ||||||
16 | Act. | ||||||
17 | (1) Expungement of Arrest Records of Minor Cannabis | ||||||
18 | Offenses. | ||||||
19 | (A) The Illinois State Police and all law | ||||||
20 | enforcement agencies within the State shall | ||||||
21 | automatically expunge all criminal history records of | ||||||
22 | an arrest, charge not initiated by arrest, order of | ||||||
23 | supervision, or order of qualified probation for a | ||||||
24 | Minor Cannabis Offense committed prior to June 25, | ||||||
25 | 2019 (the effective date of Public Act 101-27) if: | ||||||
26 | (i) One year or more has elapsed since the |
| |||||||
| |||||||
1 | date of the arrest or law enforcement interaction | ||||||
2 | documented in the records; and | ||||||
3 | (ii) No criminal charges were filed relating | ||||||
4 | to the arrest or law enforcement interaction or | ||||||
5 | criminal charges were filed and subsequently | ||||||
6 | dismissed or vacated or the arrestee was | ||||||
7 | acquitted. | ||||||
8 | (B) If the law enforcement agency is unable to | ||||||
9 | verify satisfaction of condition (ii) in paragraph | ||||||
10 | (A), records that satisfy condition (i) in paragraph | ||||||
11 | (A) shall be automatically expunged. | ||||||
12 | (C) Records shall be expunged by the law | ||||||
13 | enforcement agency under the following timelines: | ||||||
14 | (i) Records created prior to June 25, 2019 | ||||||
15 | (the effective date of Public Act 101-27), but on | ||||||
16 | or after January 1, 2013, shall be automatically | ||||||
17 | expunged prior to January 1, 2021; | ||||||
18 | (ii) Records created prior to January 1, 2013, | ||||||
19 | but on or after January 1, 2000, shall be | ||||||
20 | automatically expunged prior to January 1, 2023; | ||||||
21 | (iii) Records created prior to January 1, 2000 | ||||||
22 | shall be automatically expunged prior to January | ||||||
23 | 1, 2025. | ||||||
24 | In response to an inquiry for expunged records, | ||||||
25 | the law enforcement agency receiving such inquiry | ||||||
26 | shall reply as it does in response to inquiries when no |
| |||||||
| |||||||
1 | records ever existed; however, it shall provide a | ||||||
2 | certificate of disposition or confirmation that the | ||||||
3 | record was expunged to the individual whose record was | ||||||
4 | expunged if such a record exists. | ||||||
5 | (D) Nothing in this Section shall be construed to | ||||||
6 | restrict or modify an individual's right to have that | ||||||
7 | individual's records expunged except as otherwise may | ||||||
8 | be provided in this Act, or diminish or abrogate any | ||||||
9 | rights or remedies otherwise available to the | ||||||
10 | individual. | ||||||
11 | (2) Pardons Authorizing Expungement of Minor Cannabis | ||||||
12 | Offenses. | ||||||
13 | (A) Upon June 25, 2019 (the effective date of | ||||||
14 | Public Act 101-27), the Department of State Police | ||||||
15 | shall review all criminal history record information | ||||||
16 | and identify all records that meet all of the | ||||||
17 | following criteria: | ||||||
18 | (i) one or more convictions for a Minor | ||||||
19 | Cannabis Offense; | ||||||
20 | (ii) the conviction identified in paragraph | ||||||
21 | (2)(A)(i) did not include a penalty enhancement | ||||||
22 | under Section 7 of the Cannabis Control Act; and | ||||||
23 | (iii) the conviction identified in paragraph | ||||||
24 | (2)(A)(i) is not associated with a conviction for | ||||||
25 | a violent crime as defined in subsection (c) of | ||||||
26 | Section 3 of the Rights of Crime Victims and |
| |||||||
| |||||||
1 | Witnesses Act. | ||||||
2 | (B) Within 180 days after June 25, 2019 (the | ||||||
3 | effective date of Public Act 101-27), the Department | ||||||
4 | of State Police shall notify the Prisoner Review Board | ||||||
5 | of all such records that meet the criteria established | ||||||
6 | in paragraph (2)(A). | ||||||
7 | (i) The Prisoner Review Board shall notify the | ||||||
8 | State's Attorney of the county of conviction of | ||||||
9 | each record identified by State Police in | ||||||
10 | paragraph (2)(A) that is classified as a Class 4 | ||||||
11 | felony. The State's Attorney may provide a written | ||||||
12 | objection to the Prisoner Review Board on the sole | ||||||
13 | basis that the record identified does not meet the | ||||||
14 | criteria established in paragraph (2)(A). Such an | ||||||
15 | objection must be filed within 60 days or by such | ||||||
16 | later date set by the Prisoner Review Board in the | ||||||
17 | notice after the State's Attorney received notice | ||||||
18 | from the Prisoner Review Board. | ||||||
19 | (ii) In response to a written objection from a | ||||||
20 | State's Attorney, the Prisoner Review Board is | ||||||
21 | authorized to conduct a non-public hearing to | ||||||
22 | evaluate the information provided in the | ||||||
23 | objection. | ||||||
24 | (iii) The Prisoner Review Board shall make a | ||||||
25 | confidential and privileged recommendation to the | ||||||
26 | Governor as to whether to grant a pardon |
| |||||||
| |||||||
1 | authorizing expungement for each of the records | ||||||
2 | identified by the Department of State Police as | ||||||
3 | described in paragraph (2)(A). | ||||||
4 | (C) If an individual has been granted a pardon | ||||||
5 | authorizing expungement as described in this Section, | ||||||
6 | the Prisoner Review Board, through the Attorney | ||||||
7 | General, shall file a petition for expungement with | ||||||
8 | the Chief Judge of the circuit or any judge of the | ||||||
9 | circuit designated by the Chief Judge where the | ||||||
10 | individual had been convicted. Such petition may | ||||||
11 | include more than one individual. Whenever an | ||||||
12 | individual who has been convicted of an offense is | ||||||
13 | granted a pardon by the Governor that specifically | ||||||
14 | authorizes expungement, an objection to the petition | ||||||
15 | may not be filed. Petitions to expunge under this | ||||||
16 | subsection (i) may include more than one individual. | ||||||
17 | Within 90 days of the filing of such a petition, the | ||||||
18 | court shall enter an order expunging the records of | ||||||
19 | arrest from the official records of the arresting | ||||||
20 | authority and order that the records of the circuit | ||||||
21 | court clerk and the Illinois State Police be expunged | ||||||
22 | and the name of the defendant obliterated from the | ||||||
23 | official index requested to be kept by the circuit | ||||||
24 | court clerk under Section 16 of the Clerks of Courts | ||||||
25 | Act in connection with the arrest and conviction for | ||||||
26 | the offense for which the individual had received a |
| |||||||
| |||||||
1 | pardon but the order shall not affect any index issued | ||||||
2 | by the circuit court clerk before the entry of the | ||||||
3 | order. Upon entry of the order of expungement, the | ||||||
4 | circuit court clerk shall promptly provide a copy of | ||||||
5 | the order and a certificate of disposition to the | ||||||
6 | individual who was pardoned to the individual's last | ||||||
7 | known address or by electronic means (if available) or | ||||||
8 | otherwise make it available to the individual upon | ||||||
9 | request. | ||||||
10 | (D) Nothing in this Section is intended to | ||||||
11 | diminish or abrogate any rights or remedies otherwise | ||||||
12 | available to the individual. | ||||||
13 | (3) Any individual may file a motion to vacate and | ||||||
14 | expunge a conviction for a misdemeanor or Class 4 felony | ||||||
15 | violation of Section 4 or Section 5 of the Cannabis | ||||||
16 | Control Act. Motions to vacate and expunge under this | ||||||
17 | subsection (i) may be filed with the circuit court, Chief | ||||||
18 | Judge of a judicial circuit or any judge of the circuit | ||||||
19 | designated by the Chief Judge. The circuit court clerk | ||||||
20 | shall promptly serve a copy of the motion to vacate and | ||||||
21 | expunge, and any supporting documentation, on the State's | ||||||
22 | Attorney or prosecutor charged with the duty of | ||||||
23 | prosecuting the offense. When considering such a motion to | ||||||
24 | vacate and expunge, a court shall consider the following: | ||||||
25 | the reasons to retain the records provided by law | ||||||
26 | enforcement, the petitioner's age, the petitioner's age at |
| |||||||
| |||||||
1 | the time of offense, the time since the conviction, and | ||||||
2 | the specific adverse consequences if denied. An individual | ||||||
3 | may file such a petition after the completion of any | ||||||
4 | non-financial sentence or non-financial condition imposed | ||||||
5 | by the conviction. Within 60 days of the filing of such | ||||||
6 | motion, a State's Attorney may file an objection to such a | ||||||
7 | petition along with supporting evidence. If a motion to | ||||||
8 | vacate and expunge is granted, the records shall be | ||||||
9 | expunged in accordance with subparagraphs (d)(8) and | ||||||
10 | (d)(9)(A) of this Section. An agency providing civil legal | ||||||
11 | aid, as defined by Section 15 of the Public Interest | ||||||
12 | Attorney Assistance Act, assisting individuals seeking to | ||||||
13 | file a motion to vacate and expunge under this subsection | ||||||
14 | may file motions to vacate and expunge with the Chief | ||||||
15 | Judge of a judicial circuit or any judge of the circuit | ||||||
16 | designated by the Chief Judge, and the motion may include | ||||||
17 | more than one individual. Motions filed by an agency | ||||||
18 | providing civil legal aid concerning more than one | ||||||
19 | individual may be prepared, presented, and signed | ||||||
20 | electronically. | ||||||
21 | (4) Any State's Attorney may file a motion to vacate | ||||||
22 | and expunge a conviction for a misdemeanor or Class 4 | ||||||
23 | felony violation of Section 4 or Section 5 of the Cannabis | ||||||
24 | Control Act. Motions to vacate and expunge under this | ||||||
25 | subsection (i) may be filed with the circuit court, Chief | ||||||
26 | Judge of a judicial circuit or any judge of the circuit |
| |||||||
| |||||||
1 | designated by the Chief Judge, and may include more than | ||||||
2 | one individual. Motions filed by a State's Attorney | ||||||
3 | concerning more than one individual may be prepared, | ||||||
4 | presented, and signed electronically. When considering | ||||||
5 | such a motion to vacate and expunge, a court shall | ||||||
6 | consider the following: the reasons to retain the records | ||||||
7 | provided by law enforcement, the individual's age, the | ||||||
8 | individual's age at the time of offense, the time since | ||||||
9 | the conviction, and the specific adverse consequences if | ||||||
10 | denied. Upon entry of an order granting a motion to vacate | ||||||
11 | and expunge records pursuant to this Section, the State's | ||||||
12 | Attorney shall notify the Prisoner Review Board within 30 | ||||||
13 | days. Upon entry of the order of expungement, the circuit | ||||||
14 | court clerk shall promptly provide a copy of the order and | ||||||
15 | a certificate of disposition to the individual whose | ||||||
16 | records will be expunged to the individual's last known | ||||||
17 | address or by electronic means (if available) or otherwise | ||||||
18 | make available to the individual upon request. If a motion | ||||||
19 | to vacate and expunge is granted, the records shall be | ||||||
20 | expunged in accordance with subparagraphs (d)(8) and | ||||||
21 | (d)(9)(A) of this Section. | ||||||
22 | (5) In the public interest, the State's Attorney of a | ||||||
23 | county has standing to file motions to vacate and expunge | ||||||
24 | pursuant to this Section in the circuit court with | ||||||
25 | jurisdiction over the underlying conviction. | ||||||
26 | (6) If a person is arrested for a Minor Cannabis |
| |||||||
| |||||||
1 | Offense as defined in this Section before June 25, 2019 | ||||||
2 | (the effective date of Public Act 101-27) and the person's | ||||||
3 | case is still pending but a sentence has not been imposed, | ||||||
4 | the person may petition the court in which the charges are | ||||||
5 | pending for an order to summarily dismiss those charges | ||||||
6 | against him or her, and expunge all official records of | ||||||
7 | his or her arrest, plea, trial, conviction, incarceration, | ||||||
8 | supervision, or expungement. If the court determines, upon | ||||||
9 | review, that: (A) the person was arrested before June 25, | ||||||
10 | 2019 (the effective date of Public Act 101-27) for an | ||||||
11 | offense that has been made eligible for expungement; (B) | ||||||
12 | the case is pending at the time; and (C) the person has not | ||||||
13 | been sentenced of the minor cannabis violation eligible | ||||||
14 | for expungement under this subsection, the court shall | ||||||
15 | consider the following: the reasons to retain the records | ||||||
16 | provided by law enforcement, the petitioner's age, the | ||||||
17 | petitioner's age at the time of offense, the time since | ||||||
18 | the conviction, and the specific adverse consequences if | ||||||
19 | denied. If a motion to dismiss and expunge is granted, the | ||||||
20 | records shall be expunged in accordance with subparagraph | ||||||
21 | (d)(9)(A) of this Section. | ||||||
22 | (7) A person imprisoned solely as a result of one or | ||||||
23 | more convictions for Minor Cannabis Offenses under this | ||||||
24 | subsection (i) shall be released from incarceration upon | ||||||
25 | the issuance of an order under this subsection. | ||||||
26 | (8) The Illinois State Police shall allow a person to |
| |||||||
| |||||||
1 | use the access and review process, established in the | ||||||
2 | Illinois State Police, for verifying that his or her | ||||||
3 | records relating to Minor Cannabis Offenses of the | ||||||
4 | Cannabis Control Act eligible under this Section have been | ||||||
5 | expunged. | ||||||
6 | (9) No conviction vacated pursuant to this Section | ||||||
7 | shall serve as the basis for damages for time unjustly | ||||||
8 | served as provided in the Court of Claims Act. | ||||||
9 | (10) Effect of Expungement. A person's right to | ||||||
10 | expunge an expungeable offense shall not be limited under | ||||||
11 | this Section. The effect of an order of expungement shall | ||||||
12 | be to restore the person to the status he or she occupied | ||||||
13 | before the arrest, charge, or conviction. | ||||||
14 | (11) Information. The Illinois State Police shall post | ||||||
15 | general information on its website about the expungement | ||||||
16 | process described in this subsection (i). | ||||||
17 | (j) Felony Prostitution Convictions. | ||||||
18 | (1) Automatic Sealing of Felony Prostitution Arrests. | ||||||
19 | (A) The Illinois State Police and local law | ||||||
20 | enforcement agencies within the State shall | ||||||
21 | automatically seal the law enforcement records | ||||||
22 | relating to a person's Class 4 felony arrests and | ||||||
23 | charges not initiated by arrest for prostitution if | ||||||
24 | that arrest or charge not initiated by arrest is | ||||||
25 | eligible for sealing under paragraph (2) of subsection | ||||||
26 | (c). |
| |||||||
| |||||||
1 | (B) In the absence of a court order or upon the | ||||||
2 | order of a court, the clerk of the circuit court shall | ||||||
3 | automatically seal the court records and case files | ||||||
4 | relating to a person's Class 4 felony arrests and | ||||||
5 | charges not initiated by arrest for prostitution if | ||||||
6 | that arrest or charge not initiated by arrest is | ||||||
7 | eligible for sealing under paragraph (2) of subsection | ||||||
8 | (c). | ||||||
9 | (C) The automatic sealing described in this | ||||||
10 | paragraph (1) shall be completed no later than January | ||||||
11 | 1, 2028. | ||||||
12 | (2) Automatic Sealing of Felony Prostitution | ||||||
13 | Convictions. | ||||||
14 | (A) The Illinois State Police and local law | ||||||
15 | enforcement agencies within the State shall | ||||||
16 | automatically seal the law enforcement records | ||||||
17 | relating to a person's Class 4 felony conviction for | ||||||
18 | prostitution if those records are eligible for sealing | ||||||
19 | under paragraph (2) of subsection (c). | ||||||
20 | (B) In the absence of a court order or upon the | ||||||
21 | order of a court, the clerk of the circuit court shall | ||||||
22 | automatically seal the court records relating to a | ||||||
23 | person's Class 4 felony conviction for prostitution if | ||||||
24 | those records are eligible for sealing under paragraph | ||||||
25 | (2) of subsection (c). | ||||||
26 | (C) The automatic sealing of records described in |
| |||||||
| |||||||
1 | this paragraph (2) shall be completed no later than | ||||||
2 | January 1, 2028. | ||||||
3 | (3) Motions to Vacate and Expunge Felony Prostitution | ||||||
4 | Convictions. | ||||||
5 | (1) Any individual may file a motion to vacate and | ||||||
6 | expunge a conviction for a prior Class 4 felony violation | ||||||
7 | of prostitution. Motions to vacate and expunge under this | ||||||
8 | subsection (j) may be filed with the circuit court, Chief | ||||||
9 | Judge of a judicial circuit, or any judge of the circuit | ||||||
10 | designated by the Chief Judge. When considering the motion | ||||||
11 | to vacate and expunge, a court shall consider the | ||||||
12 | following: | ||||||
13 | (A) the reasons to retain the records provided by | ||||||
14 | law enforcement; | ||||||
15 | (B) the petitioner's age; | ||||||
16 | (C) the petitioner's age at the time of offense; | ||||||
17 | and | ||||||
18 | (D) the time since the conviction, and the | ||||||
19 | specific adverse consequences if denied. An individual | ||||||
20 | may file the petition after the completion of any | ||||||
21 | sentence or condition imposed by the conviction. | ||||||
22 | Within 60 days of the filing of the motion, a State's | ||||||
23 | Attorney may file an objection to the petition along | ||||||
24 | with supporting evidence. If a motion to vacate and | ||||||
25 | expunge is granted, the records shall be expunged in | ||||||
26 | accordance with subparagraph (d)(9)(A) of this |
| |||||||
| |||||||
1 | Section. An agency providing civil legal aid, as | ||||||
2 | defined in Section 15 of the Public Interest Attorney | ||||||
3 | Assistance Act, assisting individuals seeking to file | ||||||
4 | a motion to vacate and expunge under this subsection | ||||||
5 | may file motions to vacate and expunge with the Chief | ||||||
6 | Judge of a judicial circuit or any judge of the circuit | ||||||
7 | designated by the Chief Judge, and the motion may | ||||||
8 | include more than one individual. | ||||||
9 | (4) (2) Any State's Attorney may file a motion to | ||||||
10 | vacate and expunge a conviction for a Class 4 felony | ||||||
11 | violation of prostitution. Motions to vacate and expunge | ||||||
12 | under this subsection (j) may be filed with the circuit | ||||||
13 | court, Chief Judge of a judicial circuit, or any judge of | ||||||
14 | the circuit court designated by the Chief Judge, and may | ||||||
15 | include more than one individual. When considering the | ||||||
16 | motion to vacate and expunge, a court shall consider the | ||||||
17 | following reasons: | ||||||
18 | (A) the reasons to retain the records provided by | ||||||
19 | law enforcement; | ||||||
20 | (B) the petitioner's age; | ||||||
21 | (C) the petitioner's age at the time of offense; | ||||||
22 | (D) the time since the conviction; and | ||||||
23 | (E) the specific adverse consequences if denied. | ||||||
24 | If the State's Attorney files a motion to vacate and | ||||||
25 | expunge records for felony prostitution convictions | ||||||
26 | pursuant to this Section, the State's Attorney shall |
| |||||||
| |||||||
1 | notify the Prisoner Review Board within 30 days of the | ||||||
2 | filing. If a motion to vacate and expunge is granted, the | ||||||
3 | records shall be expunged in accordance with subparagraph | ||||||
4 | (d)(9)(A) of this Section. | ||||||
5 | (5) (3) In the public interest, the State's Attorney | ||||||
6 | of a county has standing to file motions to vacate and | ||||||
7 | expunge pursuant to this Section in the circuit court with | ||||||
8 | jurisdiction over the underlying conviction. | ||||||
9 | (6) (4) The Illinois State Police shall allow a person | ||||||
10 | to a use the access and review process, established in the | ||||||
11 | Illinois State Police, for verifying that his or her | ||||||
12 | records relating to felony prostitution eligible under | ||||||
13 | this Section have been expunged. | ||||||
14 | (7) (5) No conviction vacated pursuant to this Section | ||||||
15 | shall serve as the basis for damages for time unjustly | ||||||
16 | served as provided in the Court of Claims Act. | ||||||
17 | (8) (6) Effect of Expungement. A person's right to | ||||||
18 | expunge an expungeable offense shall not be limited under | ||||||
19 | this Section. The effect of an order of expungement shall | ||||||
20 | be to restore the person to the status he or she occupied | ||||||
21 | before the arrest, charge, or conviction. | ||||||
22 | (9) (7) Information. The Illinois State Police shall | ||||||
23 | post general information on its website about the | ||||||
24 | expungement or sealing process described in this | ||||||
25 | subsection (j). | ||||||
26 | (Source: P.A. 102-145, eff. 7-23-21; 102-558, 8-20-21; |
| |||||||
| |||||||
1 | 102-639, eff. 8-27-21; 102-813, eff. 5-13-22; 102-933, eff. | ||||||
2 | 1-1-23; 103-35, eff. 1-1-24; 103-154, eff. 6-30-23 .) | ||||||
3 | Section 100. The Sex Offender Management Board Act is | ||||||
4 | amended by changing Section 10 as follows: | ||||||
5 | (20 ILCS 4026/10) | ||||||
6 | Sec. 10. Definitions. In this Act, unless the context | ||||||
7 | otherwise requires: | ||||||
8 | (a) "Board" means the Sex Offender Management Board | ||||||
9 | created in Section 15. | ||||||
10 | (b) "Sex offender" means any person who is convicted or | ||||||
11 | found delinquent in the State of Illinois, or under any | ||||||
12 | substantially similar federal law or law of another state, of | ||||||
13 | any sex offense or attempt of a sex offense as defined in | ||||||
14 | subsection (c) of this Section, or any former statute of this | ||||||
15 | State that defined a felony sex offense, or who has been | ||||||
16 | declared as a sexually dangerous person under the Sexually | ||||||
17 | Dangerous Persons Act or declared a sexually violent person | ||||||
18 | under the Sexually Violent Persons Commitment Act, or any | ||||||
19 | substantially similar federal law or law of another state. | ||||||
20 | (c) "Sex offense" means any felony or misdemeanor offense | ||||||
21 | described in this subsection (c) as follows: | ||||||
22 | (1) indecent solicitation of a child, in violation of | ||||||
23 | Section 11-6 of the Criminal Code of 1961 or the Criminal | ||||||
24 | Code of 2012; |
| |||||||
| |||||||
1 | (2) indecent solicitation of an adult, in violation of | ||||||
2 | Section 11-6.5 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012; | ||||||
4 | (3) public indecency, in violation of Section 11-9 or | ||||||
5 | 11-30 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012; | ||||||
7 | (4) sexual exploitation of a child, in violation of | ||||||
8 | Section 11-9.1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012; | ||||||
10 | (5) sexual relations within families, in violation of | ||||||
11 | Section 11-11 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012; | ||||||
13 | (6) promoting commercial sexual exploitation of a | ||||||
14 | child juvenile prostitution or soliciting for a sexually | ||||||
15 | exploited child juvenile prostitute , in violation of | ||||||
16 | Section 11-14.4 or 11-15.1 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012; | ||||||
18 | (7) promoting commercial sexual exploitation of a | ||||||
19 | child juvenile prostitution or keeping a place of | ||||||
20 | commercial sexual exploitation of a child juvenile | ||||||
21 | prostitution , in violation of Section 11-14.4 or 11-17.1 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
23 | (8) patronizing a sexually exploited child juvenile | ||||||
24 | prostitute , in violation of Section 11-18.1 of the | ||||||
25 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (9) promoting commercial sexual exploitation of a |
| |||||||
| |||||||
1 | child juvenile prostitution or juvenile pimping, in | ||||||
2 | violation of Section 11-14.4 or 11-19.1 of the Criminal | ||||||
3 | Code of 1961 or the Criminal Code of 2012; | ||||||
4 | (10) promoting commercial sexual exploitation of a | ||||||
5 | child juvenile prostitution or exploitation of a child, in | ||||||
6 | violation of Section 11-14.4 or 11-19.2 of the Criminal | ||||||
7 | Code of 1961 or the Criminal Code of 2012; | ||||||
8 | (11) child pornography, in violation of Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012; | ||||||
11 | (11.5) aggravated child pornography, in violation of | ||||||
12 | Section 11-20.1B or 11-20.3 of the Criminal Code of 1961; | ||||||
13 | (12) harmful material, in violation of Section 11-21 | ||||||
14 | of the Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
15 | (13) criminal sexual assault, in violation of Section | ||||||
16 | 11-1.20 or 12-13 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012; | ||||||
18 | (13.5) grooming, in violation of Section 11-25 of the | ||||||
19 | Criminal Code of 1961 or the Criminal Code of 2012; | ||||||
20 | (14) aggravated criminal sexual assault, in violation | ||||||
21 | of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or | ||||||
22 | the Criminal Code of 2012; | ||||||
23 | (14.5) traveling to meet a minor or traveling to meet | ||||||
24 | a child, in violation of Section 11-26 of the Criminal | ||||||
25 | Code of 1961 or the Criminal Code of 2012; | ||||||
26 | (15) predatory criminal sexual assault of a child, in |
| |||||||
| |||||||
1 | violation of Section 11-1.40 or 12-14.1 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012; | ||||||
3 | (16) criminal sexual abuse, in violation of Section | ||||||
4 | 11-1.50 or 12-15 of the Criminal Code of 1961 or the | ||||||
5 | Criminal Code of 2012; | ||||||
6 | (17) aggravated criminal sexual abuse, in violation of | ||||||
7 | Section 11-1.60 or 12-16 of the Criminal Code of 1961 or | ||||||
8 | the Criminal Code of 2012; | ||||||
9 | (18) ritualized abuse of a child, in violation of | ||||||
10 | Section 12-33 of the Criminal Code of 1961 or the Criminal | ||||||
11 | Code of 2012; | ||||||
12 | (19) an attempt to commit any of the offenses | ||||||
13 | enumerated in this subsection (c); or | ||||||
14 | (20) any felony offense under Illinois law that is | ||||||
15 | sexually motivated. | ||||||
16 | (d) "Management" means treatment, and supervision of any | ||||||
17 | sex offender that conforms to the standards created by the | ||||||
18 | Board under Section 15. | ||||||
19 | (e) "Sexually motivated" means one or more of the facts of | ||||||
20 | the underlying offense indicates conduct that is of a sexual | ||||||
21 | nature or that shows an intent to engage in behavior of a | ||||||
22 | sexual nature. | ||||||
23 | (f) "Sex offender evaluator" means a person licensed under | ||||||
24 | the Sex Offender Evaluation and Treatment Provider Act to | ||||||
25 | conduct sex offender evaluations. | ||||||
26 | (g) "Sex offender treatment provider" means a person |
| |||||||
| |||||||
1 | licensed under the Sex Offender Evaluation and Treatment | ||||||
2 | Provider Act to provide sex offender treatment services. | ||||||
3 | (h) "Associate sex offender provider" means a person | ||||||
4 | licensed under the Sex Offender Evaluation and Treatment | ||||||
5 | Provider Act to provide sex offender evaluations and to | ||||||
6 | provide sex offender treatment under the supervision of a | ||||||
7 | licensed sex offender evaluator or a licensed sex offender | ||||||
8 | treatment provider. | ||||||
9 | (Source: P.A. 100-428, eff. 1-1-18 .) | ||||||
10 | Section 105. The Counties Code is amended by changing | ||||||
11 | Section 5-10008 as follows: | ||||||
12 | (55 ILCS 5/5-10008) (from Ch. 34, par. 5-10008) | ||||||
13 | Sec. 5-10008. Prohibited persons. It shall be unlawful for | ||||||
14 | any known person engaged in the sex trade prostitute , male or | ||||||
15 | female procurer, vagrant, or intoxicated person to be present | ||||||
16 | at any dance hall or road house licensed under this Division. | ||||||
17 | (Source: P.A. 86-962.) | ||||||
18 | Section 110. The Private Employment Agency Act is amended | ||||||
19 | by changing Section 10 as follows: | ||||||
20 | (225 ILCS 515/10) (from Ch. 111, par. 910) | ||||||
21 | Sec. 10. Licensee prohibitions. No licensee shall send or | ||||||
22 | cause to be sent any female help or servants, inmate, or |
| |||||||
| |||||||
1 | performer to enter any questionable place, or place of bad | ||||||
2 | repute, house of ill-fame, or assignation house, or to any | ||||||
3 | house or place of amusement kept for immoral purposes, or | ||||||
4 | place resorted to for the purpose of prostitution or gambling | ||||||
5 | house, the character of which licensee knows either actually | ||||||
6 | or by reputation. | ||||||
7 | No licensee shall permit questionable characters, persons | ||||||
8 | engaged in the sex trade prostitutes , gamblers, intoxicated | ||||||
9 | persons, or procurers to frequent the agency. | ||||||
10 | No licensee shall accept any application for employment | ||||||
11 | made by or on behalf of any child, or shall place or assist in | ||||||
12 | placing any such child in any employment whatever, in | ||||||
13 | violation of the Child Labor Law. A violation of any provision | ||||||
14 | of this Section shall be a Class A misdemeanor. | ||||||
15 | No licensee shall publish or cause to be published any | ||||||
16 | fraudulent or misleading notice or advertisement of its | ||||||
17 | employment agencies by means of cards, circulars, or signs, or | ||||||
18 | in newspapers or other publications; and all letterheads, | ||||||
19 | receipts, and blanks shall contain the full name and address | ||||||
20 | of the employment agency and licensee shall state in all | ||||||
21 | notices and advertisements the fact that licensee is, or | ||||||
22 | conducts, a private employment agency. | ||||||
23 | No licensee shall print, publish, or paint on any sign or | ||||||
24 | window, or insert in any newspaper or publication, a name | ||||||
25 | similar to that of the Illinois Public Employment Office. | ||||||
26 | No licensee shall print or stamp on any receipt or on any |
| |||||||
| |||||||
1 | contract used by that agency any part of this Act, unless the | ||||||
2 | entire Section from which that part is taken is printed or | ||||||
3 | stamped thereon. | ||||||
4 | All written communications sent out by any licensee, | ||||||
5 | directly or indirectly, to any person or firm with regard to | ||||||
6 | employees or employment shall contain therein definite | ||||||
7 | information that such person is a private employment agency. | ||||||
8 | No licensee or his or her employees shall knowingly give | ||||||
9 | any false or misleading information, or make any false or | ||||||
10 | misleading promise to any applicant who shall apply for | ||||||
11 | employment or employees. | ||||||
12 | (Source: P.A. 90-372, eff. 7-1-98.) | ||||||
13 | Section 115. The Liquor Control Act of 1934 is amended by | ||||||
14 | changing Section 6-2 as follows: | ||||||
15 | (235 ILCS 5/6-2) (from Ch. 43, par. 120) | ||||||
16 | Sec. 6-2. Issuance of licenses to certain persons | ||||||
17 | prohibited. | ||||||
18 | (a) Except as otherwise provided in subsection (b) of this | ||||||
19 | Section and in paragraph (1) of subsection (a) of Section | ||||||
20 | 3-12, no license of any kind issued by the State Commission or | ||||||
21 | any local commission shall be issued to: | ||||||
22 | (1) A person who is not a resident of any city, village | ||||||
23 | or county in which the premises covered by the license are | ||||||
24 | located; except in case of railroad or boat licenses. |
| |||||||
| |||||||
1 | (2) A person who is not of good character and | ||||||
2 | reputation in the community in which he resides. | ||||||
3 | (3) (Blank). | ||||||
4 | (4) A person who has been convicted of a felony under | ||||||
5 | any Federal or State law, unless the Commission determines | ||||||
6 | that such person will not be impaired by the conviction in | ||||||
7 | engaging in the licensed practice after considering | ||||||
8 | matters set forth in such person's application in | ||||||
9 | accordance with Section 6-2.5 of this Act and the | ||||||
10 | Commission's investigation. | ||||||
11 | (5) A person who has been convicted of keeping a place | ||||||
12 | of prostitution or keeping a place of commercial sexual | ||||||
13 | exploitation of a child juvenile prostitution , promoting | ||||||
14 | prostitution that involves keeping a place of | ||||||
15 | prostitution, or promoting commercial sexual exploitation | ||||||
16 | of a child juvenile prostitution that involves keeping a | ||||||
17 | place of commercial sexual exploitation of a child | ||||||
18 | juvenile prostitution . | ||||||
19 | (6) A person who has been convicted of pandering. | ||||||
20 | (7) A person whose license issued under this Act has | ||||||
21 | been revoked for cause. | ||||||
22 | (8) A person who at the time of application for | ||||||
23 | renewal of any license issued hereunder would not be | ||||||
24 | eligible for such license upon a first application. | ||||||
25 | (9) A copartnership, if any general partnership | ||||||
26 | thereof, or any limited partnership thereof, owning more |
| |||||||
| |||||||
1 | than 5% of the aggregate limited partner interest in such | ||||||
2 | copartnership would not be eligible to receive a license | ||||||
3 | hereunder for any reason other than residence within the | ||||||
4 | political subdivision, unless residency is required by | ||||||
5 | local ordinance. | ||||||
6 | (10) A corporation or limited liability company, if | ||||||
7 | any member, officer, manager or director thereof, or any | ||||||
8 | stockholder or stockholders owning in the aggregate more | ||||||
9 | than 5% of the stock of such corporation, would not be | ||||||
10 | eligible to receive a license hereunder for any reason | ||||||
11 | other than residence within the political subdivision. | ||||||
12 | (10a) A corporation or limited liability company | ||||||
13 | unless it is incorporated or organized in Illinois, or | ||||||
14 | unless it is a foreign corporation or foreign limited | ||||||
15 | liability company which is qualified under the Business | ||||||
16 | Corporation Act of 1983 or the Limited Liability Company | ||||||
17 | Act to transact business in Illinois. The Commission shall | ||||||
18 | permit and accept from an applicant for a license under | ||||||
19 | this Act proof prepared from the Secretary of State's | ||||||
20 | website that the corporation or limited liability company | ||||||
21 | is in good standing and is qualified under the Business | ||||||
22 | Corporation Act of 1983 or the Limited Liability Company | ||||||
23 | Act to transact business in Illinois. | ||||||
24 | (11) A person whose place of business is conducted by | ||||||
25 | a manager or agent unless the manager or agent possesses | ||||||
26 | the same qualifications required by the licensee. |
| |||||||
| |||||||
1 | (12) A person who has been convicted of a violation of | ||||||
2 | any Federal or State law concerning the manufacture, | ||||||
3 | possession or sale of alcoholic liquor, subsequent to the | ||||||
4 | passage of this Act or has forfeited his bond to appear in | ||||||
5 | court to answer charges for any such violation, unless the | ||||||
6 | Commission determines, in accordance with Section 6-2.5 of | ||||||
7 | this Act, that the person will not be impaired by the | ||||||
8 | conviction in engaging in the licensed practice. | ||||||
9 | (13) A person who does not beneficially own the | ||||||
10 | premises for which a license is sought, or does not have a | ||||||
11 | lease thereon for the full period for which the license is | ||||||
12 | to be issued. | ||||||
13 | (14) Any law enforcing public official, including | ||||||
14 | members of local liquor control commissions, any mayor, | ||||||
15 | alderperson, or member of the city council or commission, | ||||||
16 | any president of the village board of trustees, any member | ||||||
17 | of a village board of trustees, or any president or member | ||||||
18 | of a county board; and no such official shall have a direct | ||||||
19 | interest in the manufacture, sale, or distribution of | ||||||
20 | alcoholic liquor, except that a license may be granted to | ||||||
21 | such official in relation to premises that are not located | ||||||
22 | within the territory subject to the jurisdiction of that | ||||||
23 | official if the issuance of such license is approved by | ||||||
24 | the State Liquor Control Commission and except that a | ||||||
25 | license may be granted, in a city or village with a | ||||||
26 | population of 55,000 or less, to any alderperson, member |
| |||||||
| |||||||
1 | of a city council, or member of a village board of trustees | ||||||
2 | in relation to premises that are located within the | ||||||
3 | territory subject to the jurisdiction of that official if | ||||||
4 | (i) the sale of alcoholic liquor pursuant to the license | ||||||
5 | is incidental to the selling of food, (ii) the issuance of | ||||||
6 | the license is approved by the State Commission, (iii) the | ||||||
7 | issuance of the license is in accordance with all | ||||||
8 | applicable local ordinances in effect where the premises | ||||||
9 | are located, and (iv) the official granted a license does | ||||||
10 | not vote on alcoholic liquor issues pending before the | ||||||
11 | board or council to which the license holder is elected. | ||||||
12 | Notwithstanding any provision of this paragraph (14) to | ||||||
13 | the contrary, an alderperson or member of a city council | ||||||
14 | or commission, a member of a village board of trustees | ||||||
15 | other than the president of the village board of trustees, | ||||||
16 | or a member of a county board other than the president of a | ||||||
17 | county board may have a direct interest in the | ||||||
18 | manufacture, sale, or distribution of alcoholic liquor as | ||||||
19 | long as he or she is not a law enforcing public official, a | ||||||
20 | mayor, a village board president, or president of a county | ||||||
21 | board. To prevent any conflict of interest, the elected | ||||||
22 | official with the direct interest in the manufacture, | ||||||
23 | sale, or distribution of alcoholic liquor shall not | ||||||
24 | participate in any meetings, hearings, or decisions on | ||||||
25 | matters impacting the manufacture, sale, or distribution | ||||||
26 | of alcoholic liquor. Furthermore, the mayor of a city with |
| |||||||
| |||||||
1 | a population of 55,000 or less or the president of a | ||||||
2 | village with a population of 55,000 or less may have an | ||||||
3 | interest in the manufacture, sale, or distribution of | ||||||
4 | alcoholic liquor as long as the council or board over | ||||||
5 | which he or she presides has made a local liquor control | ||||||
6 | commissioner appointment that complies with the | ||||||
7 | requirements of Section 4-2 of this Act. | ||||||
8 | (15) A person who is not a beneficial owner of the | ||||||
9 | business to be operated by the licensee. | ||||||
10 | (16) A person who has been convicted of a gambling | ||||||
11 | offense as proscribed by any of subsections (a) (3) | ||||||
12 | through (a) (11) of Section 28-1 of, or as proscribed by | ||||||
13 | Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, or as proscribed by a statute | ||||||
15 | replaced by any of the aforesaid statutory provisions. | ||||||
16 | (17) A person or entity to whom a federal wagering | ||||||
17 | stamp has been issued by the federal government, unless | ||||||
18 | the person or entity is eligible to be issued a license | ||||||
19 | under the Raffles and Poker Runs Act or the Illinois Pull | ||||||
20 | Tabs and Jar Games Act. | ||||||
21 | (18) A person who intends to sell alcoholic liquors | ||||||
22 | for use or consumption on his or her licensed retail | ||||||
23 | premises who does not have liquor liability insurance | ||||||
24 | coverage for that premises in an amount that is at least | ||||||
25 | equal to the maximum liability amounts set out in | ||||||
26 | subsection (a) of Section 6-21. |
| |||||||
| |||||||
1 | (19) A person who is licensed by any licensing | ||||||
2 | authority as a manufacturer of beer, or any partnership, | ||||||
3 | corporation, limited liability company, or trust or any | ||||||
4 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
5 | of business enterprise licensed as a manufacturer of beer, | ||||||
6 | having any legal, equitable, or beneficial interest, | ||||||
7 | directly or indirectly, in a person licensed in this State | ||||||
8 | as a distributor or importing distributor. For purposes of | ||||||
9 | this paragraph (19), a person who is licensed by any | ||||||
10 | licensing authority as a "manufacturer of beer" shall also | ||||||
11 | mean a brewer and a non-resident dealer who is also a | ||||||
12 | manufacturer of beer, including a partnership, | ||||||
13 | corporation, limited liability company, or trust or any | ||||||
14 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
15 | of business enterprise licensed as a manufacturer of beer. | ||||||
16 | (20) A person who is licensed in this State as a | ||||||
17 | distributor or importing distributor, or any partnership, | ||||||
18 | corporation, limited liability company, or trust or any | ||||||
19 | subsidiary, affiliate, or agent thereof, or any other form | ||||||
20 | of business enterprise licensed in this State as a | ||||||
21 | distributor or importing distributor having any legal, | ||||||
22 | equitable, or beneficial interest, directly or indirectly, | ||||||
23 | in a person licensed as a manufacturer of beer by any | ||||||
24 | licensing authority, or any partnership, corporation, | ||||||
25 | limited liability company, or trust or any subsidiary, | ||||||
26 | affiliate, or agent thereof, or any other form of business |
| |||||||
| |||||||
1 | enterprise, except for a person who owns, on or after the | ||||||
2 | effective date of this amendatory Act of the 98th General | ||||||
3 | Assembly, no more than 5% of the outstanding shares of a | ||||||
4 | manufacturer of beer whose shares are publicly traded on | ||||||
5 | an exchange within the meaning of the Securities Exchange | ||||||
6 | Act of 1934. For the purposes of this paragraph (20), a | ||||||
7 | person who is licensed by any licensing authority as a | ||||||
8 | "manufacturer of beer" shall also mean a brewer and a | ||||||
9 | non-resident dealer who is also a manufacturer of beer, | ||||||
10 | including a partnership, corporation, limited liability | ||||||
11 | company, or trust or any subsidiary, affiliate, or agent | ||||||
12 | thereof, or any other form of business enterprise licensed | ||||||
13 | as a manufacturer of beer. | ||||||
14 | (b) A criminal conviction of a corporation is not grounds | ||||||
15 | for the denial, suspension, or revocation of a license applied | ||||||
16 | for or held by the corporation if the criminal conviction was | ||||||
17 | not the result of a violation of any federal or State law | ||||||
18 | concerning the manufacture, possession or sale of alcoholic | ||||||
19 | liquor, the offense that led to the conviction did not result | ||||||
20 | in any financial gain to the corporation and the corporation | ||||||
21 | has terminated its relationship with each director, officer, | ||||||
22 | employee, or controlling shareholder whose actions directly | ||||||
23 | contributed to the conviction of the corporation. The | ||||||
24 | Commission shall determine if all provisions of this | ||||||
25 | subsection (b) have been met before any action on the | ||||||
26 | corporation's license is initiated. |
| |||||||
| |||||||
1 | (Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.) | ||||||
2 | Section 120. The Intergovernmental Missing Child Recovery | ||||||
3 | Act of 1984 is amended by changing Section 2 as follows: | ||||||
4 | (325 ILCS 40/2) (from Ch. 23, par. 2252) | ||||||
5 | Sec. 2. As used in this Act: | ||||||
6 | (a) (Blank). | ||||||
7 | (b) "Director" means the Director of the Illinois State | ||||||
8 | Police. | ||||||
9 | (c) "Unit of local government" is defined as in Article | ||||||
10 | VII, Section 1 of the Illinois Constitution and includes both | ||||||
11 | home rule units and units which are not home rule units. The | ||||||
12 | term is also defined to include all public school districts | ||||||
13 | subject to the provisions of the School Code. | ||||||
14 | (d) "Child" means a person under 21 years of age. | ||||||
15 | (e) A "LEADS terminal" is an interactive computerized | ||||||
16 | communication and processing unit which permits a direct | ||||||
17 | on-line communication with the Illinois State Police's central | ||||||
18 | data repository, the Law Enforcement Agencies Data System | ||||||
19 | (LEADS). | ||||||
20 | (f) A "primary contact agency" means a law enforcement | ||||||
21 | agency which maintains a LEADS terminal, or has immediate | ||||||
22 | access to one on a 24-hour-per-day, 7-day-per-week basis by | ||||||
23 | written agreement with another law enforcement agency. | ||||||
24 | (g) (Blank). |
| |||||||
| |||||||
1 | (h) "Missing child" means any person under 21 years of age | ||||||
2 | whose whereabouts are unknown to his or her parents or legal | ||||||
3 | guardian. | ||||||
4 | (i) "Exploitation" means activities and actions which | ||||||
5 | include, but are not limited to, child pornography, aggravated | ||||||
6 | child pornography, commercial sexual exploitation of a child | ||||||
7 | child prostitution , child sexual abuse, drug and substance | ||||||
8 | abuse by children, and child suicide. | ||||||
9 | (j) (Blank). | ||||||
10 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
11 | Section 125. The Illinois Vehicle Code is amended by | ||||||
12 | changing Section 6-206 as follows: | ||||||
13 | (625 ILCS 5/6-206) | ||||||
14 | Sec. 6-206. Discretionary authority to suspend or revoke | ||||||
15 | license or permit; right to a hearing. | ||||||
16 | (a) The Secretary of State is authorized to suspend or | ||||||
17 | revoke the driving privileges of any person without | ||||||
18 | preliminary hearing upon a showing of the person's records or | ||||||
19 | other sufficient evidence that the person: | ||||||
20 | 1. Has committed an offense for which mandatory | ||||||
21 | revocation of a driver's license or permit is required | ||||||
22 | upon conviction; | ||||||
23 | 2. Has been convicted of not less than 3 offenses | ||||||
24 | against traffic regulations governing the movement of |
| |||||||
| |||||||
1 | vehicles committed within any 12-month period. No | ||||||
2 | revocation or suspension shall be entered more than 6 | ||||||
3 | months after the date of last conviction; | ||||||
4 | 3. Has been repeatedly involved as a driver in motor | ||||||
5 | vehicle collisions or has been repeatedly convicted of | ||||||
6 | offenses against laws and ordinances regulating the | ||||||
7 | movement of traffic, to a degree that indicates lack of | ||||||
8 | ability to exercise ordinary and reasonable care in the | ||||||
9 | safe operation of a motor vehicle or disrespect for the | ||||||
10 | traffic laws and the safety of other persons upon the | ||||||
11 | highway; | ||||||
12 | 4. Has by the unlawful operation of a motor vehicle | ||||||
13 | caused or contributed to a crash resulting in injury | ||||||
14 | requiring immediate professional treatment in a medical | ||||||
15 | facility or doctor's office to any person, except that any | ||||||
16 | suspension or revocation imposed by the Secretary of State | ||||||
17 | under the provisions of this subsection shall start no | ||||||
18 | later than 6 months after being convicted of violating a | ||||||
19 | law or ordinance regulating the movement of traffic, which | ||||||
20 | violation is related to the crash, or shall start not more | ||||||
21 | than one year after the date of the crash, whichever date | ||||||
22 | occurs later; | ||||||
23 | 5. Has permitted an unlawful or fraudulent use of a | ||||||
24 | driver's license, identification card, or permit; | ||||||
25 | 6. Has been lawfully convicted of an offense or | ||||||
26 | offenses in another state, including the authorization |
| |||||||
| |||||||
1 | contained in Section 6-203.1, which if committed within | ||||||
2 | this State would be grounds for suspension or revocation; | ||||||
3 | 7. Has refused or failed to submit to an examination | ||||||
4 | provided for by Section 6-207 or has failed to pass the | ||||||
5 | examination; | ||||||
6 | 8. Is ineligible for a driver's license or permit | ||||||
7 | under the provisions of Section 6-103; | ||||||
8 | 9. Has made a false statement or knowingly concealed a | ||||||
9 | material fact or has used false information or | ||||||
10 | identification in any application for a license, | ||||||
11 | identification card, or permit; | ||||||
12 | 10. Has possessed, displayed, or attempted to | ||||||
13 | fraudulently use any license, identification card, or | ||||||
14 | permit not issued to the person; | ||||||
15 | 11. Has operated a motor vehicle upon a highway of | ||||||
16 | this State when the person's driving privilege or | ||||||
17 | privilege to obtain a driver's license or permit was | ||||||
18 | revoked or suspended unless the operation was authorized | ||||||
19 | by a monitoring device driving permit, judicial driving | ||||||
20 | permit issued prior to January 1, 2009, probationary | ||||||
21 | license to drive, or restricted driving permit issued | ||||||
22 | under this Code; | ||||||
23 | 12. Has submitted to any portion of the application | ||||||
24 | process for another person or has obtained the services of | ||||||
25 | another person to submit to any portion of the application | ||||||
26 | process for the purpose of obtaining a license, |
| |||||||
| |||||||
1 | identification card, or permit for some other person; | ||||||
2 | 13. Has operated a motor vehicle upon a highway of | ||||||
3 | this State when the person's driver's license or permit | ||||||
4 | was invalid under the provisions of Sections 6-107.1 and | ||||||
5 | 6-110; | ||||||
6 | 14. Has committed a violation of Section 6-301, | ||||||
7 | 6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or | ||||||
8 | 14B of the Illinois Identification Card Act or a similar | ||||||
9 | offense in another state if, at the time of the offense, | ||||||
10 | the person held an Illinois driver's license or | ||||||
11 | identification card; | ||||||
12 | 15. Has been convicted of violating Section 21-2 of | ||||||
13 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
14 | relating to criminal trespass to vehicles if the person | ||||||
15 | exercised actual physical control over the vehicle during | ||||||
16 | the commission of the offense, in which case the | ||||||
17 | suspension shall be for one year; | ||||||
18 | 16. Has been convicted of violating Section 11-204 of | ||||||
19 | this Code relating to fleeing from a peace officer; | ||||||
20 | 17. Has refused to submit to a test, or tests, as | ||||||
21 | required under Section 11-501.1 of this Code and the | ||||||
22 | person has not sought a hearing as provided for in Section | ||||||
23 | 11-501.1; | ||||||
24 | 18. (Blank); | ||||||
25 | 19. Has committed a violation of paragraph (a) or (b) | ||||||
26 | of Section 6-101 relating to driving without a driver's |
| |||||||
| |||||||
1 | license; | ||||||
2 | 20. Has been convicted of violating Section 6-104 | ||||||
3 | relating to classification of driver's license; | ||||||
4 | 21. Has been convicted of violating Section 11-402 of | ||||||
5 | this Code relating to leaving the scene of a crash | ||||||
6 | resulting in damage to a vehicle in excess of $1,000, in | ||||||
7 | which case the suspension shall be for one year; | ||||||
8 | 22. Has used a motor vehicle in violating paragraph | ||||||
9 | (3), (4), (7), or (9) of subsection (a) of Section 24-1 of | ||||||
10 | the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | relating to unlawful use of weapons, in which case the | ||||||
12 | suspension shall be for one year; | ||||||
13 | 23. Has, as a driver, been convicted of committing a | ||||||
14 | violation of paragraph (a) of Section 11-502 of this Code | ||||||
15 | for a second or subsequent time within one year of a | ||||||
16 | similar violation; | ||||||
17 | 24. Has been convicted by a court-martial or punished | ||||||
18 | by non-judicial punishment by military authorities of the | ||||||
19 | United States at a military installation in Illinois or in | ||||||
20 | another state of or for a traffic-related offense that is | ||||||
21 | the same as or similar to an offense specified under | ||||||
22 | Section 6-205 or 6-206 of this Code; | ||||||
23 | 25. Has permitted any form of identification to be | ||||||
24 | used by another in the application process in order to | ||||||
25 | obtain or attempt to obtain a license, identification | ||||||
26 | card, or permit; |
| |||||||
| |||||||
1 | 26. Has altered or attempted to alter a license or has | ||||||
2 | possessed an altered license, identification card, or | ||||||
3 | permit; | ||||||
4 | 27. (Blank); | ||||||
5 | 28. Has been convicted for a first time of the illegal | ||||||
6 | possession, while operating or in actual physical control, | ||||||
7 | as a driver, of a motor vehicle, of any controlled | ||||||
8 | substance prohibited under the Illinois Controlled | ||||||
9 | Substances Act, any cannabis prohibited under the Cannabis | ||||||
10 | Control Act, or any methamphetamine prohibited under the | ||||||
11 | Methamphetamine Control and Community Protection Act, in | ||||||
12 | which case the person's driving privileges shall be | ||||||
13 | suspended for one year. Any defendant found guilty of this | ||||||
14 | offense while operating a motor vehicle shall have an | ||||||
15 | entry made in the court record by the presiding judge that | ||||||
16 | this offense did occur while the defendant was operating a | ||||||
17 | motor vehicle and order the clerk of the court to report | ||||||
18 | the violation to the Secretary of State; | ||||||
19 | 29. Has been convicted of the following offenses that | ||||||
20 | were committed while the person was operating or in actual | ||||||
21 | physical control, as a driver, of a motor vehicle: | ||||||
22 | criminal sexual assault, predatory criminal sexual assault | ||||||
23 | of a child, aggravated criminal sexual assault, criminal | ||||||
24 | sexual abuse, aggravated criminal sexual abuse, juvenile | ||||||
25 | pimping, soliciting for a sexually exploited child | ||||||
26 | juvenile prostitute , promoting commercial sexual |
| |||||||
| |||||||
1 | exploitation of a child juvenile prostitution as described | ||||||
2 | in subdivision (a)(1), (a)(2), or (a)(3) of Section | ||||||
3 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012, and the manufacture, sale or delivery of | ||||||
5 | controlled substances or instruments used for illegal drug | ||||||
6 | use or abuse in which case the driver's driving privileges | ||||||
7 | shall be suspended for one year; | ||||||
8 | 30. Has been convicted a second or subsequent time for | ||||||
9 | any combination of the offenses named in paragraph 29 of | ||||||
10 | this subsection, in which case the person's driving | ||||||
11 | privileges shall be suspended for 5 years; | ||||||
12 | 31. Has refused to submit to a test as required by | ||||||
13 | Section 11-501.6 of this Code or Section 5-16c of the Boat | ||||||
14 | Registration and Safety Act or has submitted to a test | ||||||
15 | resulting in an alcohol concentration of 0.08 or more or | ||||||
16 | any amount of a drug, substance, or compound resulting | ||||||
17 | from the unlawful use or consumption of cannabis as listed | ||||||
18 | in the Cannabis Control Act, a controlled substance as | ||||||
19 | listed in the Illinois Controlled Substances Act, an | ||||||
20 | intoxicating compound as listed in the Use of Intoxicating | ||||||
21 | Compounds Act, or methamphetamine as listed in the | ||||||
22 | Methamphetamine Control and Community Protection Act, in | ||||||
23 | which case the penalty shall be as prescribed in Section | ||||||
24 | 6-208.1; | ||||||
25 | 32. Has been convicted of Section 24-1.2 of the | ||||||
26 | Criminal Code of 1961 or the Criminal Code of 2012 |
| |||||||
| |||||||
1 | relating to the aggravated discharge of a firearm if the | ||||||
2 | offender was located in a motor vehicle at the time the | ||||||
3 | firearm was discharged, in which case the suspension shall | ||||||
4 | be for 3 years; | ||||||
5 | 33. Has as a driver, who was less than 21 years of age | ||||||
6 | on the date of the offense, been convicted a first time of | ||||||
7 | a violation of paragraph (a) of Section 11-502 of this | ||||||
8 | Code or a similar provision of a local ordinance; | ||||||
9 | 34. Has committed a violation of Section 11-1301.5 of | ||||||
10 | this Code or a similar provision of a local ordinance; | ||||||
11 | 35. Has committed a violation of Section 11-1301.6 of | ||||||
12 | this Code or a similar provision of a local ordinance; | ||||||
13 | 36. Is under the age of 21 years at the time of arrest | ||||||
14 | and has been convicted of not less than 2 offenses against | ||||||
15 | traffic regulations governing the movement of vehicles | ||||||
16 | committed within any 24-month period. No revocation or | ||||||
17 | suspension shall be entered more than 6 months after the | ||||||
18 | date of last conviction; | ||||||
19 | 37. Has committed a violation of subsection (c) of | ||||||
20 | Section 11-907 of this Code that resulted in damage to the | ||||||
21 | property of another or the death or injury of another; | ||||||
22 | 38. Has been convicted of a violation of Section 6-20 | ||||||
23 | of the Liquor Control Act of 1934 or a similar provision of | ||||||
24 | a local ordinance and the person was an occupant of a motor | ||||||
25 | vehicle at the time of the violation; | ||||||
26 | 39. Has committed a second or subsequent violation of |
| |||||||
| |||||||
1 | Section 11-1201 of this Code; | ||||||
2 | 40. Has committed a violation of subsection (a-1) of | ||||||
3 | Section 11-908 of this Code; | ||||||
4 | 41. Has committed a second or subsequent violation of | ||||||
5 | Section 11-605.1 of this Code, a similar provision of a | ||||||
6 | local ordinance, or a similar violation in any other state | ||||||
7 | within 2 years of the date of the previous violation, in | ||||||
8 | which case the suspension shall be for 90 days; | ||||||
9 | 42. Has committed a violation of subsection (a-1) of | ||||||
10 | Section 11-1301.3 of this Code or a similar provision of a | ||||||
11 | local ordinance; | ||||||
12 | 43. Has received a disposition of court supervision | ||||||
13 | for a violation of subsection (a), (d), or (e) of Section | ||||||
14 | 6-20 of the Liquor Control Act of 1934 or a similar | ||||||
15 | provision of a local ordinance and the person was an | ||||||
16 | occupant of a motor vehicle at the time of the violation, | ||||||
17 | in which case the suspension shall be for a period of 3 | ||||||
18 | months; | ||||||
19 | 44. Is under the age of 21 years at the time of arrest | ||||||
20 | and has been convicted of an offense against traffic | ||||||
21 | regulations governing the movement of vehicles after | ||||||
22 | having previously had his or her driving privileges | ||||||
23 | suspended or revoked pursuant to subparagraph 36 of this | ||||||
24 | Section; | ||||||
25 | 45. Has, in connection with or during the course of a | ||||||
26 | formal hearing conducted under Section 2-118 of this Code: |
| |||||||
| |||||||
1 | (i) committed perjury; (ii) submitted fraudulent or | ||||||
2 | falsified documents; (iii) submitted documents that have | ||||||
3 | been materially altered; or (iv) submitted, as his or her | ||||||
4 | own, documents that were in fact prepared or composed for | ||||||
5 | another person; | ||||||
6 | 46. Has committed a violation of subsection (j) of | ||||||
7 | Section 3-413 of this Code; | ||||||
8 | 47. Has committed a violation of subsection (a) of | ||||||
9 | Section 11-502.1 of this Code; | ||||||
10 | 48. Has submitted a falsified or altered medical | ||||||
11 | examiner's certificate to the Secretary of State or | ||||||
12 | provided false information to obtain a medical examiner's | ||||||
13 | certificate; | ||||||
14 | 49. Has been convicted of a violation of Section | ||||||
15 | 11-1002 or 11-1002.5 that resulted in a Type A injury to | ||||||
16 | another, in which case the driving privileges of the | ||||||
17 | person shall be suspended for 12 months; | ||||||
18 | 50. Has committed a violation of subsection (b-5) of | ||||||
19 | Section 12-610.2 that resulted in great bodily harm, | ||||||
20 | permanent disability, or disfigurement, in which case the | ||||||
21 | driving privileges of the person shall be suspended for 12 | ||||||
22 | months; | ||||||
23 | 51. Has committed a violation of Section 10-15 Of the | ||||||
24 | Cannabis Regulation and Tax Act or a similar provision of | ||||||
25 | a local ordinance while in a motor vehicle; or | ||||||
26 | 52. Has committed a violation of subsection (b) of |
| |||||||
| |||||||
1 | Section 10-20 of the Cannabis Regulation and Tax Act or a | ||||||
2 | similar provision of a local ordinance. | ||||||
3 | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, | ||||||
4 | and 27 of this subsection, license means any driver's license, | ||||||
5 | any traffic ticket issued when the person's driver's license | ||||||
6 | is deposited in lieu of bail, a suspension notice issued by the | ||||||
7 | Secretary of State, a duplicate or corrected driver's license, | ||||||
8 | a probationary driver's license, or a temporary driver's | ||||||
9 | license. | ||||||
10 | (b) If any conviction forming the basis of a suspension or | ||||||
11 | revocation authorized under this Section is appealed, the | ||||||
12 | Secretary of State may rescind or withhold the entry of the | ||||||
13 | order of suspension or revocation, as the case may be, | ||||||
14 | provided that a certified copy of a stay order of a court is | ||||||
15 | filed with the Secretary of State. If the conviction is | ||||||
16 | affirmed on appeal, the date of the conviction shall relate | ||||||
17 | back to the time the original judgment of conviction was | ||||||
18 | entered and the 6-month limitation prescribed shall not apply. | ||||||
19 | (c) 1. Upon suspending or revoking the driver's license or | ||||||
20 | permit of any person as authorized in this Section, the | ||||||
21 | Secretary of State shall immediately notify the person in | ||||||
22 | writing of the revocation or suspension. The notice to be | ||||||
23 | deposited in the United States mail, postage prepaid, to the | ||||||
24 | last known address of the person. | ||||||
25 | 2. If the Secretary of State suspends the driver's license | ||||||
26 | of a person under subsection 2 of paragraph (a) of this |
| |||||||
| |||||||
1 | Section, a person's privilege to operate a vehicle as an | ||||||
2 | occupation shall not be suspended, provided an affidavit is | ||||||
3 | properly completed, the appropriate fee received, and a permit | ||||||
4 | issued prior to the effective date of the suspension, unless 5 | ||||||
5 | offenses were committed, at least 2 of which occurred while | ||||||
6 | operating a commercial vehicle in connection with the driver's | ||||||
7 | regular occupation. All other driving privileges shall be | ||||||
8 | suspended by the Secretary of State. Any driver prior to | ||||||
9 | operating a vehicle for occupational purposes only must submit | ||||||
10 | the affidavit on forms to be provided by the Secretary of State | ||||||
11 | setting forth the facts of the person's occupation. The | ||||||
12 | affidavit shall also state the number of offenses committed | ||||||
13 | while operating a vehicle in connection with the driver's | ||||||
14 | regular occupation. The affidavit shall be accompanied by the | ||||||
15 | driver's license. Upon receipt of a properly completed | ||||||
16 | affidavit, the Secretary of State shall issue the driver a | ||||||
17 | permit to operate a vehicle in connection with the driver's | ||||||
18 | regular occupation only. Unless the permit is issued by the | ||||||
19 | Secretary of State prior to the date of suspension, the | ||||||
20 | privilege to drive any motor vehicle shall be suspended as set | ||||||
21 | forth in the notice that was mailed under this Section. If an | ||||||
22 | affidavit is received subsequent to the effective date of this | ||||||
23 | suspension, a permit may be issued for the remainder of the | ||||||
24 | suspension period. | ||||||
25 | The provisions of this subparagraph shall not apply to any | ||||||
26 | driver required to possess a CDL for the purpose of operating a |
| |||||||
| |||||||
1 | commercial motor vehicle. | ||||||
2 | Any person who falsely states any fact in the affidavit | ||||||
3 | required herein shall be guilty of perjury under Section 6-302 | ||||||
4 | and upon conviction thereof shall have all driving privileges | ||||||
5 | revoked without further rights. | ||||||
6 | 3. At the conclusion of a hearing under Section 2-118 of | ||||||
7 | this Code, the Secretary of State shall either rescind or | ||||||
8 | continue an order of revocation or shall substitute an order | ||||||
9 | of suspension; or, good cause appearing therefor, rescind, | ||||||
10 | continue, change, or extend the order of suspension. If the | ||||||
11 | Secretary of State does not rescind the order, the Secretary | ||||||
12 | may upon application, to relieve undue hardship (as defined by | ||||||
13 | the rules of the Secretary of State), issue a restricted | ||||||
14 | driving permit granting the privilege of driving a motor | ||||||
15 | vehicle between the petitioner's residence and petitioner's | ||||||
16 | place of employment or within the scope of the petitioner's | ||||||
17 | employment-related duties, or to allow the petitioner to | ||||||
18 | transport himself or herself, or a family member of the | ||||||
19 | petitioner's household to a medical facility, to receive | ||||||
20 | necessary medical care, to allow the petitioner to transport | ||||||
21 | himself or herself to and from alcohol or drug remedial or | ||||||
22 | rehabilitative activity recommended by a licensed service | ||||||
23 | provider, or to allow the petitioner to transport himself or | ||||||
24 | herself or a family member of the petitioner's household to | ||||||
25 | classes, as a student, at an accredited educational | ||||||
26 | institution, or to allow the petitioner to transport children, |
| |||||||
| |||||||
1 | elderly persons, or persons with disabilities who do not hold | ||||||
2 | driving privileges and are living in the petitioner's | ||||||
3 | household to and from daycare. The petitioner must demonstrate | ||||||
4 | that no alternative means of transportation is reasonably | ||||||
5 | available and that the petitioner will not endanger the public | ||||||
6 | safety or welfare. | ||||||
7 | (A) If a person's license or permit is revoked or | ||||||
8 | suspended due to 2 or more convictions of violating | ||||||
9 | Section 11-501 of this Code or a similar provision of a | ||||||
10 | local ordinance or a similar out-of-state offense, or | ||||||
11 | Section 9-3 of the Criminal Code of 1961 or the Criminal | ||||||
12 | Code of 2012, where the use of alcohol or other drugs is | ||||||
13 | recited as an element of the offense, or a similar | ||||||
14 | out-of-state offense, or a combination of these offenses, | ||||||
15 | arising out of separate occurrences, that person, if | ||||||
16 | issued a restricted driving permit, may not operate a | ||||||
17 | vehicle unless it has been equipped with an ignition | ||||||
18 | interlock device as defined in Section 1-129.1. | ||||||
19 | (B) If a person's license or permit is revoked or | ||||||
20 | suspended 2 or more times due to any combination of: | ||||||
21 | (i) a single conviction of violating Section | ||||||
22 | 11-501 of this Code or a similar provision of a local | ||||||
23 | ordinance or a similar out-of-state offense or Section | ||||||
24 | 9-3 of the Criminal Code of 1961 or the Criminal Code | ||||||
25 | of 2012, where the use of alcohol or other drugs is | ||||||
26 | recited as an element of the offense, or a similar |
| |||||||
| |||||||
1 | out-of-state offense; or | ||||||
2 | (ii) a statutory summary suspension or revocation | ||||||
3 | under Section 11-501.1; or | ||||||
4 | (iii) a suspension under Section 6-203.1; | ||||||
5 | arising out of separate occurrences; that person, if | ||||||
6 | issued a restricted driving permit, may not operate a | ||||||
7 | vehicle unless it has been equipped with an ignition | ||||||
8 | interlock device as defined in Section 1-129.1. | ||||||
9 | (B-5) If a person's license or permit is revoked or | ||||||
10 | suspended due to a conviction for a violation of | ||||||
11 | subparagraph (C) or (F) of paragraph (1) of subsection (d) | ||||||
12 | of Section 11-501 of this Code, or a similar provision of a | ||||||
13 | local ordinance or similar out-of-state offense, that | ||||||
14 | person, if issued a restricted driving permit, may not | ||||||
15 | operate a vehicle unless it has been equipped with an | ||||||
16 | ignition interlock device as defined in Section 1-129.1. | ||||||
17 | (C) The person issued a permit conditioned upon the | ||||||
18 | use of an ignition interlock device must pay to the | ||||||
19 | Secretary of State DUI Administration Fund an amount not | ||||||
20 | to exceed $30 per month. The Secretary shall establish by | ||||||
21 | rule the amount and the procedures, terms, and conditions | ||||||
22 | relating to these fees. | ||||||
23 | (D) If the restricted driving permit is issued for | ||||||
24 | employment purposes, then the prohibition against | ||||||
25 | operating a motor vehicle that is not equipped with an | ||||||
26 | ignition interlock device does not apply to the operation |
| |||||||
| |||||||
1 | of an occupational vehicle owned or leased by that | ||||||
2 | person's employer when used solely for employment | ||||||
3 | purposes. For any person who, within a 5-year period, is | ||||||
4 | convicted of a second or subsequent offense under Section | ||||||
5 | 11-501 of this Code, or a similar provision of a local | ||||||
6 | ordinance or similar out-of-state offense, this employment | ||||||
7 | exemption does not apply until either a one-year period | ||||||
8 | has elapsed during which that person had his or her | ||||||
9 | driving privileges revoked or a one-year period has | ||||||
10 | elapsed during which that person had a restricted driving | ||||||
11 | permit which required the use of an ignition interlock | ||||||
12 | device on every motor vehicle owned or operated by that | ||||||
13 | person. | ||||||
14 | (E) In each case the Secretary may issue a restricted | ||||||
15 | driving permit for a period deemed appropriate, except | ||||||
16 | that all permits shall expire no later than 2 years from | ||||||
17 | the date of issuance. A restricted driving permit issued | ||||||
18 | under this Section shall be subject to cancellation, | ||||||
19 | revocation, and suspension by the Secretary of State in | ||||||
20 | like manner and for like cause as a driver's license | ||||||
21 | issued under this Code may be cancelled, revoked, or | ||||||
22 | suspended; except that a conviction upon one or more | ||||||
23 | offenses against laws or ordinances regulating the | ||||||
24 | movement of traffic shall be deemed sufficient cause for | ||||||
25 | the revocation, suspension, or cancellation of a | ||||||
26 | restricted driving permit. The Secretary of State may, as |
| |||||||
| |||||||
1 | a condition to the issuance of a restricted driving | ||||||
2 | permit, require the applicant to participate in a | ||||||
3 | designated driver remedial or rehabilitative program. The | ||||||
4 | Secretary of State is authorized to cancel a restricted | ||||||
5 | driving permit if the permit holder does not successfully | ||||||
6 | complete the program. | ||||||
7 | (F) A person subject to the provisions of paragraph 4 | ||||||
8 | of subsection (b) of Section 6-208 of this Code may make | ||||||
9 | application for a restricted driving permit at a hearing | ||||||
10 | conducted under Section 2-118 of this Code after the | ||||||
11 | expiration of 5 years from the effective date of the most | ||||||
12 | recent revocation or after 5 years from the date of | ||||||
13 | release from a period of imprisonment resulting from a | ||||||
14 | conviction of the most recent offense, whichever is later, | ||||||
15 | provided the person, in addition to all other requirements | ||||||
16 | of the Secretary, shows by clear and convincing evidence: | ||||||
17 | (i) a minimum of 3 years of uninterrupted | ||||||
18 | abstinence from alcohol and the unlawful use or | ||||||
19 | consumption of cannabis under the Cannabis Control | ||||||
20 | Act, a controlled substance under the Illinois | ||||||
21 | Controlled Substances Act, an intoxicating compound | ||||||
22 | under the Use of Intoxicating Compounds Act, or | ||||||
23 | methamphetamine under the Methamphetamine Control and | ||||||
24 | Community Protection Act; and | ||||||
25 | (ii) the successful completion of any | ||||||
26 | rehabilitative treatment and involvement in any |
| |||||||
| |||||||
1 | ongoing rehabilitative activity that may be | ||||||
2 | recommended by a properly licensed service provider | ||||||
3 | according to an assessment of the person's alcohol or | ||||||
4 | drug use under Section 11-501.01 of this Code. | ||||||
5 | In determining whether an applicant is eligible for a | ||||||
6 | restricted driving permit under this subparagraph (F), the | ||||||
7 | Secretary may consider any relevant evidence, including, | ||||||
8 | but not limited to, testimony, affidavits, records, and | ||||||
9 | the results of regular alcohol or drug tests. Persons | ||||||
10 | subject to the provisions of paragraph 4 of subsection (b) | ||||||
11 | of Section 6-208 of this Code and who have been convicted | ||||||
12 | of more than one violation of paragraph (3), paragraph | ||||||
13 | (4), or paragraph (5) of subsection (a) of Section 11-501 | ||||||
14 | of this Code shall not be eligible to apply for a | ||||||
15 | restricted driving permit under this subparagraph (F). | ||||||
16 | A restricted driving permit issued under this | ||||||
17 | subparagraph (F) shall provide that the holder may only | ||||||
18 | operate motor vehicles equipped with an ignition interlock | ||||||
19 | device as required under paragraph (2) of subsection (c) | ||||||
20 | of Section 6-205 of this Code and subparagraph (A) of | ||||||
21 | paragraph 3 of subsection (c) of this Section. The | ||||||
22 | Secretary may revoke a restricted driving permit or amend | ||||||
23 | the conditions of a restricted driving permit issued under | ||||||
24 | this subparagraph (F) if the holder operates a vehicle | ||||||
25 | that is not equipped with an ignition interlock device, or | ||||||
26 | for any other reason authorized under this Code. |
| |||||||
| |||||||
1 | A restricted driving permit issued under this | ||||||
2 | subparagraph (F) shall be revoked, and the holder barred | ||||||
3 | from applying for or being issued a restricted driving | ||||||
4 | permit in the future, if the holder is convicted of a | ||||||
5 | violation of Section 11-501 of this Code, a similar | ||||||
6 | provision of a local ordinance, or a similar offense in | ||||||
7 | another state. | ||||||
8 | (c-3) In the case of a suspension under paragraph 43 of | ||||||
9 | subsection (a), reports received by the Secretary of State | ||||||
10 | under this Section shall, except during the actual time the | ||||||
11 | suspension is in effect, be privileged information and for use | ||||||
12 | only by the courts, police officers, prosecuting authorities, | ||||||
13 | the driver licensing administrator of any other state, the | ||||||
14 | Secretary of State, or the parent or legal guardian of a driver | ||||||
15 | under the age of 18. However, beginning January 1, 2008, if the | ||||||
16 | person is a CDL holder, the suspension shall also be made | ||||||
17 | available to the driver licensing administrator of any other | ||||||
18 | state, the U.S. Department of Transportation, and the affected | ||||||
19 | driver or motor carrier or prospective motor carrier upon | ||||||
20 | request. | ||||||
21 | (c-4) In the case of a suspension under paragraph 43 of | ||||||
22 | subsection (a), the Secretary of State shall notify the person | ||||||
23 | by mail that his or her driving privileges and driver's | ||||||
24 | license will be suspended one month after the date of the | ||||||
25 | mailing of the notice. | ||||||
26 | (c-5) The Secretary of State may, as a condition of the |
| |||||||
| |||||||
1 | reissuance of a driver's license or permit to an applicant | ||||||
2 | whose driver's license or permit has been suspended before he | ||||||
3 | or she reached the age of 21 years pursuant to any of the | ||||||
4 | provisions of this Section, require the applicant to | ||||||
5 | participate in a driver remedial education course and be | ||||||
6 | retested under Section 6-109 of this Code. | ||||||
7 | (d) This Section is subject to the provisions of the | ||||||
8 | Driver License Compact. | ||||||
9 | (e) The Secretary of State shall not issue a restricted | ||||||
10 | driving permit to a person under the age of 16 years whose | ||||||
11 | driving privileges have been suspended or revoked under any | ||||||
12 | provisions of this Code. | ||||||
13 | (f) In accordance with 49 CFR 384, the Secretary of State | ||||||
14 | may not issue a restricted driving permit for the operation of | ||||||
15 | a commercial motor vehicle to a person holding a CDL whose | ||||||
16 | driving privileges have been suspended, revoked, cancelled, or | ||||||
17 | disqualified under any provisions of this Code. | ||||||
18 | (Source: P.A. 102-299, eff. 8-6-21; 102-558, eff. 8-20-21; | ||||||
19 | 102-749, eff. 1-1-23; 102-813, eff. 5-13-22; 102-982, eff. | ||||||
20 | 7-1-23; 103-154, eff. 6-30-23.) | ||||||
21 | Section 130. The Criminal Code of 2012 is amended by | ||||||
22 | changing Sections 3-6, 8-2, 11-0.1, 11-9.3, 11-14.3, 11-14.4, | ||||||
23 | 11-18, 11-18.1, 33G-3, and 36-1 as follows: | ||||||
24 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6) |
| |||||||
| |||||||
1 | Sec. 3-6. Extended limitations. The period within which a | ||||||
2 | prosecution must be commenced under the provisions of Section | ||||||
3 | 3-5 or other applicable statute is extended under the | ||||||
4 | following conditions: | ||||||
5 | (a) A prosecution for theft involving a breach of a | ||||||
6 | fiduciary obligation to the aggrieved person may be commenced | ||||||
7 | as follows: | ||||||
8 | (1) If the aggrieved person is a minor or a person | ||||||
9 | under legal disability, then during the minority or legal | ||||||
10 | disability or within one year after the termination | ||||||
11 | thereof. | ||||||
12 | (2) In any other instance, within one year after the | ||||||
13 | discovery of the offense by an aggrieved person, or by a | ||||||
14 | person who has legal capacity to represent an aggrieved | ||||||
15 | person or has a legal duty to report the offense, and is | ||||||
16 | not himself or herself a party to the offense; or in the | ||||||
17 | absence of such discovery, within one year after the | ||||||
18 | proper prosecuting officer becomes aware of the offense. | ||||||
19 | However, in no such case is the period of limitation so | ||||||
20 | extended more than 3 years beyond the expiration of the | ||||||
21 | period otherwise applicable. | ||||||
22 | (b) A prosecution for any offense based upon misconduct in | ||||||
23 | office by a public officer or employee may be commenced within | ||||||
24 | one year after discovery of the offense by a person having a | ||||||
25 | legal duty to report such offense, or in the absence of such | ||||||
26 | discovery, within one year after the proper prosecuting |
| |||||||
| |||||||
1 | officer becomes aware of the offense. However, in no such case | ||||||
2 | is the period of limitation so extended more than 3 years | ||||||
3 | beyond the expiration of the period otherwise applicable. | ||||||
4 | (b-5) When the victim is under 18 years of age at the time | ||||||
5 | of the offense, a prosecution for involuntary servitude, | ||||||
6 | involuntary sexual servitude of a minor, or trafficking in | ||||||
7 | persons and related offenses under Section 10-9 of this Code | ||||||
8 | may be commenced within 25 years of the victim attaining the | ||||||
9 | age of 18 years. | ||||||
10 | (b-6) When the victim is 18 years of age or over at the | ||||||
11 | time of the offense, a prosecution for involuntary servitude, | ||||||
12 | involuntary sexual servitude of a minor, or trafficking in | ||||||
13 | persons and related offenses under Section 10-9 of this Code | ||||||
14 | may be commenced within 25 years after the commission of the | ||||||
15 | offense. | ||||||
16 | (b-7) When the victim is under 18 years of age at the time | ||||||
17 | of the offense, a prosecution for female genital mutilation | ||||||
18 | may be commenced at any time. | ||||||
19 | (c) (Blank). | ||||||
20 | (d) A prosecution for child pornography, aggravated child | ||||||
21 | pornography, indecent solicitation of a child, soliciting for | ||||||
22 | a sexually exploited child juvenile prostitute , juvenile | ||||||
23 | pimping, exploitation of a child, or promoting commercial | ||||||
24 | sexual exploitation of a child juvenile prostitution except | ||||||
25 | for keeping a place of commercial sexual exploitation of a | ||||||
26 | child juvenile prostitution may be commenced within one year |
| |||||||
| |||||||
1 | of the victim attaining the age of 18 years. However, in no | ||||||
2 | such case shall the time period for prosecution expire sooner | ||||||
3 | than 3 years after the commission of the offense. | ||||||
4 | (e) Except as otherwise provided in subdivision (j), a | ||||||
5 | prosecution for any offense involving sexual conduct or sexual | ||||||
6 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
7 | the defendant was within a professional or fiduciary | ||||||
8 | relationship or a purported professional or fiduciary | ||||||
9 | relationship with the victim at the time of the commission of | ||||||
10 | the offense may be commenced within one year after the | ||||||
11 | discovery of the offense by the victim. | ||||||
12 | (f) A prosecution for any offense set forth in Section 44 | ||||||
13 | of the Environmental Protection Act may be commenced within 5 | ||||||
14 | years after the discovery of such an offense by a person or | ||||||
15 | agency having the legal duty to report the offense or in the | ||||||
16 | absence of such discovery, within 5 years after the proper | ||||||
17 | prosecuting officer becomes aware of the offense. | ||||||
18 | (f-5) A prosecution for any offense set forth in Section | ||||||
19 | 16-30 of this Code may be commenced within 5 years after the | ||||||
20 | discovery of the offense by the victim of that offense. | ||||||
21 | (g) (Blank). | ||||||
22 | (h) (Blank). | ||||||
23 | (i) Except as otherwise provided in subdivision (j), a | ||||||
24 | prosecution for criminal sexual assault, aggravated criminal | ||||||
25 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
26 | commenced at any time. If the victim consented to the |
| |||||||
| |||||||
1 | collection of evidence using an Illinois State Police Sexual | ||||||
2 | Assault Evidence Collection Kit under the Sexual Assault | ||||||
3 | Survivors Emergency Treatment Act, it shall constitute | ||||||
4 | reporting for purposes of this Section. | ||||||
5 | Nothing in this subdivision (i) shall be construed to | ||||||
6 | shorten a period within which a prosecution must be commenced | ||||||
7 | under any other provision of this Section. | ||||||
8 | (i-5) A prosecution for armed robbery, home invasion, | ||||||
9 | kidnapping, or aggravated kidnaping may be commenced within 10 | ||||||
10 | years of the commission of the offense if it arises out of the | ||||||
11 | same course of conduct and meets the criteria under one of the | ||||||
12 | offenses in subsection (i) of this Section. | ||||||
13 | (j) (1) When the victim is under 18 years of age at the | ||||||
14 | time of the offense, a prosecution for criminal sexual | ||||||
15 | assault, aggravated criminal sexual assault, predatory | ||||||
16 | criminal sexual assault of a child, aggravated criminal sexual | ||||||
17 | abuse, felony criminal sexual abuse, or female genital | ||||||
18 | mutilation may be commenced at any time. | ||||||
19 | (2) When in circumstances other than as described in | ||||||
20 | paragraph (1) of this subsection (j), when the victim is under | ||||||
21 | 18 years of age at the time of the offense, a prosecution for | ||||||
22 | failure of a person who is required to report an alleged or | ||||||
23 | suspected commission of criminal sexual assault, aggravated | ||||||
24 | criminal sexual assault, predatory criminal sexual assault of | ||||||
25 | a child, aggravated criminal sexual abuse, or felony criminal | ||||||
26 | sexual abuse under the Abused and Neglected Child Reporting |
| |||||||
| |||||||
1 | Act may be commenced within 20 years after the child victim | ||||||
2 | attains 18 years of age. | ||||||
3 | (3) When the victim is under 18 years of age at the time of | ||||||
4 | the offense, a prosecution for misdemeanor criminal sexual | ||||||
5 | abuse may be commenced within 10 years after the child victim | ||||||
6 | attains 18 years of age. | ||||||
7 | (4) Nothing in this subdivision (j) shall be construed to | ||||||
8 | shorten a period within which a prosecution must be commenced | ||||||
9 | under any other provision of this Section. | ||||||
10 | (j-5) A prosecution for armed robbery, home invasion, | ||||||
11 | kidnapping, or aggravated kidnaping may be commenced at any | ||||||
12 | time if it arises out of the same course of conduct and meets | ||||||
13 | the criteria under one of the offenses in subsection (j) of | ||||||
14 | this Section. | ||||||
15 | (k) (Blank). | ||||||
16 | (l) A prosecution for any offense set forth in Section | ||||||
17 | 26-4 of this Code may be commenced within one year after the | ||||||
18 | discovery of the offense by the victim of that offense. | ||||||
19 | (l-5) A prosecution for any offense involving sexual | ||||||
20 | conduct or sexual penetration, as defined in Section 11-0.1 of | ||||||
21 | this Code, in which the victim was 18 years of age or older at | ||||||
22 | the time of the offense, may be commenced within one year after | ||||||
23 | the discovery of the offense by the victim when corroborating | ||||||
24 | physical evidence is available. The charging document shall | ||||||
25 | state that the statute of limitations is extended under this | ||||||
26 | subsection (l-5) and shall state the circumstances justifying |
| |||||||
| |||||||
1 | the extension. Nothing in this subsection (l-5) shall be | ||||||
2 | construed to shorten a period within which a prosecution must | ||||||
3 | be commenced under any other provision of this Section or | ||||||
4 | Section 3-5 of this Code. | ||||||
5 | (m) The prosecution shall not be required to prove at | ||||||
6 | trial facts which extend the general limitations in Section | ||||||
7 | 3-5 of this Code when the facts supporting extension of the | ||||||
8 | period of general limitations are properly pled in the | ||||||
9 | charging document. Any challenge relating to the extension of | ||||||
10 | the general limitations period as defined in this Section | ||||||
11 | shall be exclusively conducted under Section 114-1 of the Code | ||||||
12 | of Criminal Procedure of 1963. | ||||||
13 | (n) A prosecution for any offense set forth in subsection | ||||||
14 | (a), (b), or (c) of Section 8A-3 or Section 8A-13 of the | ||||||
15 | Illinois Public Aid Code, in which the total amount of money | ||||||
16 | involved is $5,000 or more, including the monetary value of | ||||||
17 | food stamps and the value of commodities under Section 16-1 of | ||||||
18 | this Code may be commenced within 5 years of the last act | ||||||
19 | committed in furtherance of the offense. | ||||||
20 | (o) A prosecution for any offense based upon fraudulent | ||||||
21 | activity connected to COVID-19-related relief programs, to | ||||||
22 | include the Paycheck Protection Program, COVID-19 Economic | ||||||
23 | Injury Disaster Loan Program, and the Unemployment Benefit | ||||||
24 | Programs shall be commenced within 5 years after discovery of | ||||||
25 | the offense by a person having a legal duty to report such | ||||||
26 | offense, or in the absence of such discovery, within 5 years |
| |||||||
| |||||||
1 | after the proper prosecuting officer becomes aware of the | ||||||
2 | offense. However, in no such case is the period of limitation | ||||||
3 | so extended more than 10 years beyond the expiration of the | ||||||
4 | period otherwise applicable. | ||||||
5 | (Source: P.A. 102-558, eff. 8-20-21; 103-184, eff. 1-1-24 .) | ||||||
6 | (720 ILCS 5/8-2) (from Ch. 38, par. 8-2) | ||||||
7 | Sec. 8-2. Conspiracy. | ||||||
8 | (a) Elements of the offense. A person commits the offense | ||||||
9 | of conspiracy when, with intent that an offense be committed, | ||||||
10 | he or she agrees with another to the commission of that | ||||||
11 | offense. No person may be convicted of conspiracy to commit an | ||||||
12 | offense unless an act in furtherance of that agreement is | ||||||
13 | alleged and proved to have been committed by him or her or by a | ||||||
14 | co-conspirator. | ||||||
15 | (b) Co-conspirators. It is not a defense to conspiracy | ||||||
16 | that the person or persons with whom the accused is alleged to | ||||||
17 | have conspired: | ||||||
18 | (1) have not been prosecuted or convicted, | ||||||
19 | (2) have been convicted of a different offense, | ||||||
20 | (3) are not amenable to justice, | ||||||
21 | (4) have been acquitted, or | ||||||
22 | (5) lacked the capacity to commit an offense. | ||||||
23 | (c) Sentence. | ||||||
24 | (1) Except as otherwise provided in this subsection or | ||||||
25 | Code, a person convicted of conspiracy to commit: |
| |||||||
| |||||||
1 | (A) a Class X felony shall be sentenced for a Class | ||||||
2 | 1 felony; | ||||||
3 | (B) a Class 1 felony shall be sentenced for a Class | ||||||
4 | 2 felony; | ||||||
5 | (C) a Class 2 felony shall be sentenced for a Class | ||||||
6 | 3 felony; | ||||||
7 | (D) a Class 3 felony shall be sentenced for a Class | ||||||
8 | 4 felony; | ||||||
9 | (E) a Class 4 felony shall be sentenced for a Class | ||||||
10 | 4 felony; and | ||||||
11 | (F) a misdemeanor may be fined or imprisoned or | ||||||
12 | both not to exceed the maximum provided for the | ||||||
13 | offense that is the object of the conspiracy. | ||||||
14 | (2) A person convicted of conspiracy to commit any of | ||||||
15 | the following offenses shall be sentenced for a Class X | ||||||
16 | felony: | ||||||
17 | (A) aggravated insurance fraud conspiracy when the | ||||||
18 | person is an organizer of the conspiracy (720 ILCS | ||||||
19 | 5/46-4); or | ||||||
20 | (B) aggravated governmental entity insurance fraud | ||||||
21 | conspiracy when the person is an organizer of the | ||||||
22 | conspiracy (720 ILCS 5/46-4). | ||||||
23 | (3) A person convicted of conspiracy to commit any of | ||||||
24 | the following offenses shall be sentenced for a Class 1 | ||||||
25 | felony: | ||||||
26 | (A) first degree murder (720 ILCS 5/9-1); or |
| |||||||
| |||||||
1 | (B) aggravated insurance fraud (720 ILCS 5/46-3) | ||||||
2 | or aggravated governmental insurance fraud (720 ILCS | ||||||
3 | 5/46-3). | ||||||
4 | (4) A person convicted of conspiracy to commit | ||||||
5 | insurance fraud (720 ILCS 5/46-3) or governmental entity | ||||||
6 | insurance fraud (720 ILCS 5/46-3) shall be sentenced for a | ||||||
7 | Class 2 felony. | ||||||
8 | (5) A person convicted of conspiracy to commit any of | ||||||
9 | the following offenses shall be sentenced for a Class 3 | ||||||
10 | felony: | ||||||
11 | (A) soliciting for a person engaged in the sex | ||||||
12 | trade prostitute (720 ILCS 5/11-14.3(a)(1)); | ||||||
13 | (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or | ||||||
14 | 5/11-14.3(a)(2)(B)); | ||||||
15 | (C) keeping a place of prostitution (720 ILCS | ||||||
16 | 5/11-14.3(a)(1)); | ||||||
17 | (D) pimping (720 ILCS 5/11-14.3(a)(2)(C)); | ||||||
18 | (E) unlawful use of weapons under Section | ||||||
19 | 24-1(a)(1) (720 ILCS 5/24-1(a)(1)); | ||||||
20 | (F) unlawful use of weapons under Section | ||||||
21 | 24-1(a)(7) (720 ILCS 5/24-1(a)(7)); | ||||||
22 | (G) gambling (720 ILCS 5/28-1); | ||||||
23 | (H) keeping a gambling place (720 ILCS 5/28-3); | ||||||
24 | (I) registration of federal gambling stamps | ||||||
25 | violation (720 ILCS 5/28-4); | ||||||
26 | (J) look-alike substances violation (720 ILCS |
| |||||||
| |||||||
1 | 570/404); | ||||||
2 | (K) miscellaneous controlled substance violation | ||||||
3 | under Section 406(b) (720 ILCS 570/406(b)); or | ||||||
4 | (L) an inchoate offense related to any of the | ||||||
5 | principal offenses set forth in this item (5). | ||||||
6 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11 .) | ||||||
7 | (720 ILCS 5/11-0.1) | ||||||
8 | Sec. 11-0.1. Definitions. In this Article, unless the | ||||||
9 | context clearly requires otherwise, the following terms are | ||||||
10 | defined as indicated: | ||||||
11 | "Accused" means a person accused of an offense prohibited | ||||||
12 | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of | ||||||
13 | this Code or a person for whose conduct the accused is legally | ||||||
14 | responsible under Article 5 of this Code. | ||||||
15 | "Adult obscenity or child pornography Internet site". See | ||||||
16 | Section 11-23. | ||||||
17 | "Advance prostitution" means: | ||||||
18 | (1) Soliciting for a person engaged in the sex trade | ||||||
19 | prostitute by performing any of the following acts when | ||||||
20 | acting other than as a person engaged in the sex trade | ||||||
21 | prostitute or a patron of a person engaged in the sex trade | ||||||
22 | prostitute : | ||||||
23 | (A) Soliciting another for the purpose of | ||||||
24 | prostitution. | ||||||
25 | (B) Arranging or offering to arrange a meeting of |
| |||||||
| |||||||
1 | persons for the purpose of prostitution. | ||||||
2 | (C) Directing another to a place knowing the | ||||||
3 | direction is for the purpose of prostitution. | ||||||
4 | (2) Keeping a place of prostitution by controlling or | ||||||
5 | exercising control over the use of any place that could | ||||||
6 | offer seclusion or shelter for the practice of | ||||||
7 | prostitution and performing any of the following acts when | ||||||
8 | acting other than as a person engaged in the sex trade | ||||||
9 | prostitute or a patron of a person engaged in the sex trade | ||||||
10 | prostitute : | ||||||
11 | (A) Knowingly granting or permitting the use of | ||||||
12 | the place for the purpose of prostitution. | ||||||
13 | (B) Granting or permitting the use of the place | ||||||
14 | under circumstances from which he or she could | ||||||
15 | reasonably know that the place is used or is to be used | ||||||
16 | for purposes of prostitution. | ||||||
17 | (C) Permitting the continued use of the place | ||||||
18 | after becoming aware of facts or circumstances from | ||||||
19 | which he or she should reasonably know that the place | ||||||
20 | is being used for purposes of prostitution. | ||||||
21 | "Agency". See Section 11-9.5. | ||||||
22 | "Arranges". See Section 11-6.5. | ||||||
23 | "Bodily harm" means physical harm, and includes, but is | ||||||
24 | not limited to, sexually transmitted disease, pregnancy, and | ||||||
25 | impotence. | ||||||
26 | "Care and custody". See Section 11-9.5. |
| |||||||
| |||||||
1 | "Child care institution". See Section 11-9.3. | ||||||
2 | "Child pornography". See Section 11-20.1. | ||||||
3 | "Child sex offender". See Section 11-9.3. | ||||||
4 | "Community agency". See Section 11-9.5. | ||||||
5 | "Conditional release". See Section 11-9.2. | ||||||
6 | "Consent" means a freely given agreement to the act of | ||||||
7 | sexual penetration or sexual conduct in question. Lack of | ||||||
8 | verbal or physical resistance or submission by the victim | ||||||
9 | resulting from the use of force or threat of force by the | ||||||
10 | accused shall not constitute consent. The manner of dress of | ||||||
11 | the victim at the time of the offense shall not constitute | ||||||
12 | consent. | ||||||
13 | "Custody". See Section 11-9.2. | ||||||
14 | "Day care center". See Section 11-9.3. | ||||||
15 | "Depict by computer". See Section 11-20.1. | ||||||
16 | "Depiction by computer". See Section 11-20.1. | ||||||
17 | "Disseminate". See Section 11-20.1. | ||||||
18 | "Distribute". See Section 11-21. | ||||||
19 | "Family member" means a parent, grandparent, child, aunt, | ||||||
20 | uncle, great-aunt, or great-uncle, whether by whole blood, | ||||||
21 | half-blood, or adoption, and includes a step-grandparent, | ||||||
22 | step-parent, or step-child. "Family member" also means, if the | ||||||
23 | victim is a child under 18 years of age, an accused who has | ||||||
24 | resided in the household with the child continuously for at | ||||||
25 | least 6 months. | ||||||
26 | "Force or threat of force" means the use of force or |
| |||||||
| |||||||
1 | violence or the threat of force or violence, including, but | ||||||
2 | not limited to, the following situations: | ||||||
3 | (1) when the accused threatens to use force or | ||||||
4 | violence on the victim or on any other person, and the | ||||||
5 | victim under the circumstances reasonably believes that | ||||||
6 | the accused has the ability to execute that threat; or | ||||||
7 | (2) when the accused overcomes the victim by use of | ||||||
8 | superior strength or size, physical restraint, or physical | ||||||
9 | confinement. | ||||||
10 | "Harmful to minors". See Section 11-21. | ||||||
11 | "Loiter". See Section 9.3. | ||||||
12 | "Material". See Section 11-21. | ||||||
13 | "Minor". See Section 11-21. | ||||||
14 | "Nudity". See Section 11-21. | ||||||
15 | "Obscene". See Section 11-20. | ||||||
16 | "Part day child care facility". See Section 11-9.3. | ||||||
17 | "Penal system". See Section 11-9.2. | ||||||
18 | "Person responsible for the child's welfare". See Section | ||||||
19 | 11-9.1A. | ||||||
20 | "Person with a disability". See Section 11-9.5. | ||||||
21 | "Playground". See Section 11-9.3. | ||||||
22 | "Probation officer". See Section 11-9.2. | ||||||
23 | "Produce". See Section 11-20.1. | ||||||
24 | "Profit from prostitution" means, when acting other than | ||||||
25 | as a person engaged in the sex trade prostitute , to receive | ||||||
26 | anything of value for personally rendered prostitution |
| |||||||
| |||||||
1 | services or to receive anything of value from a person engaged | ||||||
2 | in the sex trade prostitute , if the thing received is not for | ||||||
3 | lawful consideration and the person knows it was earned in | ||||||
4 | whole or in part from the practice of prostitution. | ||||||
5 | "Public park". See Section 11-9.3. | ||||||
6 | "Public place". See Section 11-30. | ||||||
7 | "Reproduce". See Section 11-20.1. | ||||||
8 | "Sado-masochistic abuse". See Section 11-21. | ||||||
9 | "School". See Section 11-9.3. | ||||||
10 | "School official". See Section 11-9.3. | ||||||
11 | "Sexual abuse". See Section 11-9.1A. | ||||||
12 | "Sexual act". See Section 11-9.1. | ||||||
13 | "Sexual conduct" means any knowing touching or fondling by | ||||||
14 | the victim or the accused, either directly or through | ||||||
15 | clothing, of the sex organs, anus, or breast of the victim or | ||||||
16 | the accused, or any part of the body of a child under 13 years | ||||||
17 | of age, or any transfer or transmission of semen by the accused | ||||||
18 | upon any part of the clothed or unclothed body of the victim, | ||||||
19 | for the purpose of sexual gratification or arousal of the | ||||||
20 | victim or the accused. | ||||||
21 | "Sexual excitement". See Section 11-21. | ||||||
22 | "Sexual penetration" means any contact, however slight, | ||||||
23 | between the sex organ or anus of one person and an object or | ||||||
24 | the sex organ, mouth, or anus of another person, or any | ||||||
25 | intrusion, however slight, of any part of the body of one | ||||||
26 | person or of any animal or object into the sex organ or anus of |
| |||||||
| |||||||
1 | another person, including, but not limited to, cunnilingus, | ||||||
2 | fellatio, or anal penetration. Evidence of emission of semen | ||||||
3 | is not required to prove sexual penetration. | ||||||
4 | "Solicit". See Section 11-6. | ||||||
5 | "State-operated facility". See Section 11-9.5. | ||||||
6 | "Supervising officer". See Section 11-9.2. | ||||||
7 | "Surveillance agent". See Section 11-9.2. | ||||||
8 | "Treatment and detention facility". See Section 11-9.2. | ||||||
9 | "Unable to give knowing consent" includes when the accused | ||||||
10 | administers any intoxicating or anesthetic substance, or any | ||||||
11 | controlled substance causing the victim to become unconscious | ||||||
12 | of the nature of the act and this condition was known, or | ||||||
13 | reasonably should have been known by the accused. "Unable to | ||||||
14 | give knowing consent" also includes when the victim has taken | ||||||
15 | an intoxicating substance or any controlled substance causing | ||||||
16 | the victim to become unconscious of the nature of the act, and | ||||||
17 | this condition was known or reasonably should have been known | ||||||
18 | by the accused, but the accused did not provide or administer | ||||||
19 | the intoxicating substance. As used in this paragraph, | ||||||
20 | "unconscious of the nature of the act" means incapable of | ||||||
21 | resisting because the victim meets any one of the following | ||||||
22 | conditions: | ||||||
23 | (1) was unconscious or asleep; | ||||||
24 | (2) was not aware, knowing, perceiving, or cognizant | ||||||
25 | that the act occurred; | ||||||
26 | (3) was not aware, knowing, perceiving, or cognizant |
| |||||||
| |||||||
1 | of the essential characteristics of the act due to the | ||||||
2 | perpetrator's fraud in fact; or | ||||||
3 | (4) was not aware, knowing, perceiving, or cognizant | ||||||
4 | of the essential characteristics of the act due to the | ||||||
5 | perpetrator's fraudulent representation that the sexual | ||||||
6 | penetration served a professional purpose when it served | ||||||
7 | no professional purpose. | ||||||
8 | A victim is presumed "unable to give knowing consent" when | ||||||
9 | the victim: | ||||||
10 | (1) is committed to the care and custody or | ||||||
11 | supervision of the Illinois Department of Corrections | ||||||
12 | (IDOC) and the accused is an employee or volunteer who is | ||||||
13 | not married to the victim who knows or reasonably should | ||||||
14 | know that the victim is committed to the care and custody | ||||||
15 | or supervision of such department; | ||||||
16 | (2) is committed to or placed with the Department of | ||||||
17 | Children and Family Services (DCFS) and in residential | ||||||
18 | care, and the accused employee is not married to the | ||||||
19 | victim, and knows or reasonably should know that the | ||||||
20 | victim is committed to or placed with DCFS and in | ||||||
21 | residential care; | ||||||
22 | (3) is a client or patient and the accused is a health | ||||||
23 | care provider or mental health care provider and the | ||||||
24 | sexual conduct or sexual penetration occurs during a | ||||||
25 | treatment session, consultation, interview, or | ||||||
26 | examination; |
| |||||||
| |||||||
1 | (4) is a resident or inpatient of a residential | ||||||
2 | facility and the accused is an employee of the facility | ||||||
3 | who is not married to such resident or inpatient who | ||||||
4 | provides direct care services, case management services, | ||||||
5 | medical or other clinical services, habilitative services | ||||||
6 | or direct supervision of the residents in the facility in | ||||||
7 | which the resident resides; or an officer or other | ||||||
8 | employee, consultant, contractor or volunteer of the | ||||||
9 | residential facility, who knows or reasonably should know | ||||||
10 | that the person is a resident of such facility; or | ||||||
11 | (5) is detained or otherwise in the custody of a | ||||||
12 | police officer, peace officer, or other law enforcement | ||||||
13 | official who: (i) is detaining or maintaining custody of | ||||||
14 | such person; or (ii) knows, or reasonably should know, | ||||||
15 | that at the time of the offense, such person was detained | ||||||
16 | or in custody and the police officer, peace officer, or | ||||||
17 | other law enforcement official is not married to such | ||||||
18 | detainee. | ||||||
19 | "Victim" means a person alleging to have been subjected to | ||||||
20 | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, | ||||||
21 | 11-1.50, or 11-1.60 of this Code. | ||||||
22 | (Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23 .) | ||||||
23 | (720 ILCS 5/11-9.3) | ||||||
24 | Sec. 11-9.3. Presence within school zone by child sex | ||||||
25 | offenders prohibited; approaching, contacting, residing with, |
| |||||||
| |||||||
1 | or communicating with a child within certain places by child | ||||||
2 | sex offenders prohibited. | ||||||
3 | (a) It is unlawful for a child sex offender to knowingly be | ||||||
4 | present in any school building, on real property comprising | ||||||
5 | any school, or in any conveyance owned, leased, or contracted | ||||||
6 | by a school to transport students to or from school or a school | ||||||
7 | related activity when persons under the age of 18 are present | ||||||
8 | in the building, on the grounds or in the conveyance, unless | ||||||
9 | the offender is a parent or guardian of a student attending the | ||||||
10 | school and the parent or guardian is: (i) attending a | ||||||
11 | conference at the school with school personnel to discuss the | ||||||
12 | progress of his or her child academically or socially, (ii) | ||||||
13 | participating in child review conferences in which evaluation | ||||||
14 | and placement decisions may be made with respect to his or her | ||||||
15 | child regarding special education services, or (iii) attending | ||||||
16 | conferences to discuss other student issues concerning his or | ||||||
17 | her child such as retention and promotion and notifies the | ||||||
18 | principal of the school of his or her presence at the school or | ||||||
19 | unless the offender has permission to be present from the | ||||||
20 | superintendent or the school board or in the case of a private | ||||||
21 | school from the principal. In the case of a public school, if | ||||||
22 | permission is granted, the superintendent or school board | ||||||
23 | president must inform the principal of the school where the | ||||||
24 | sex offender will be present. Notification includes the nature | ||||||
25 | of the sex offender's visit and the hours in which the sex | ||||||
26 | offender will be present in the school. The sex offender is |
| |||||||
| |||||||
1 | responsible for notifying the principal's office when he or | ||||||
2 | she arrives on school property and when he or she departs from | ||||||
3 | school property. If the sex offender is to be present in the | ||||||
4 | vicinity of children, the sex offender has the duty to remain | ||||||
5 | under the direct supervision of a school official. | ||||||
6 | (a-5) It is unlawful for a child sex offender to knowingly | ||||||
7 | be present within 100 feet of a site posted as a pick-up or | ||||||
8 | discharge stop for a conveyance owned, leased, or contracted | ||||||
9 | by a school to transport students to or from school or a school | ||||||
10 | related activity when one or more persons under the age of 18 | ||||||
11 | are present at the site. | ||||||
12 | (a-10) It is unlawful for a child sex offender to | ||||||
13 | knowingly be present in any public park building, a playground | ||||||
14 | or recreation area within any publicly accessible privately | ||||||
15 | owned building, or on real property comprising any public park | ||||||
16 | when persons under the age of 18 are present in the building or | ||||||
17 | on the grounds and to approach, contact, or communicate with a | ||||||
18 | child under 18 years of age, unless the offender is a parent or | ||||||
19 | guardian of a person under 18 years of age present in the | ||||||
20 | building or on the grounds. | ||||||
21 | (b) It is unlawful for a child sex offender to knowingly | ||||||
22 | loiter within 500 feet of a school building or real property | ||||||
23 | comprising any school while persons under the age of 18 are | ||||||
24 | present in the building or on the grounds, unless the offender | ||||||
25 | is a parent or guardian of a student attending the school and | ||||||
26 | the parent or guardian is: (i) attending a conference at the |
| |||||||
| |||||||
1 | school with school personnel to discuss the progress of his or | ||||||
2 | her child academically or socially, (ii) participating in | ||||||
3 | child review conferences in which evaluation and placement | ||||||
4 | decisions may be made with respect to his or her child | ||||||
5 | regarding special education services, or (iii) attending | ||||||
6 | conferences to discuss other student issues concerning his or | ||||||
7 | her child such as retention and promotion and notifies the | ||||||
8 | principal of the school of his or her presence at the school or | ||||||
9 | has permission to be present from the superintendent or the | ||||||
10 | school board or in the case of a private school from the | ||||||
11 | principal. In the case of a public school, if permission is | ||||||
12 | granted, the superintendent or school board president must | ||||||
13 | inform the principal of the school where the sex offender will | ||||||
14 | be present. Notification includes the nature of the sex | ||||||
15 | offender's visit and the hours in which the sex offender will | ||||||
16 | be present in the school. The sex offender is responsible for | ||||||
17 | notifying the principal's office when he or she arrives on | ||||||
18 | school property and when he or she departs from school | ||||||
19 | property. If the sex offender is to be present in the vicinity | ||||||
20 | of children, the sex offender has the duty to remain under the | ||||||
21 | direct supervision of a school official. | ||||||
22 | (b-2) It is unlawful for a child sex offender to knowingly | ||||||
23 | loiter on a public way within 500 feet of a public park | ||||||
24 | building or real property comprising any public park while | ||||||
25 | persons under the age of 18 are present in the building or on | ||||||
26 | the grounds and to approach, contact, or communicate with a |
| |||||||
| |||||||
1 | child under 18 years of age, unless the offender is a parent or | ||||||
2 | guardian of a person under 18 years of age present in the | ||||||
3 | building or on the grounds. | ||||||
4 | (b-5) It is unlawful for a child sex offender to knowingly | ||||||
5 | reside within 500 feet of a school building or the real | ||||||
6 | property comprising any school that persons under the age of | ||||||
7 | 18 attend. Nothing in this subsection (b-5) prohibits a child | ||||||
8 | sex offender from residing within 500 feet of a school | ||||||
9 | building or the real property comprising any school that | ||||||
10 | persons under 18 attend if the property is owned by the child | ||||||
11 | sex offender and was purchased before July 7, 2000 (the | ||||||
12 | effective date of Public Act 91-911). | ||||||
13 | (b-10) It is unlawful for a child sex offender to | ||||||
14 | knowingly reside within 500 feet of a playground, child care | ||||||
15 | institution, day care center, part day child care facility, | ||||||
16 | day care home, group day care home, or a facility providing | ||||||
17 | programs or services exclusively directed toward persons under | ||||||
18 | 18 years of age. Nothing in this subsection (b-10) prohibits a | ||||||
19 | child sex offender from residing within 500 feet of a | ||||||
20 | playground or a facility providing programs or services | ||||||
21 | exclusively directed toward persons under 18 years of age if | ||||||
22 | the property is owned by the child sex offender and was | ||||||
23 | purchased before July 7, 2000. Nothing in this subsection | ||||||
24 | (b-10) prohibits a child sex offender from residing within 500 | ||||||
25 | feet of a child care institution, day care center, or part day | ||||||
26 | child care facility if the property is owned by the child sex |
| |||||||
| |||||||
1 | offender and was purchased before June 26, 2006. Nothing in | ||||||
2 | this subsection (b-10) prohibits a child sex offender from | ||||||
3 | residing within 500 feet of a day care home or group day care | ||||||
4 | home if the property is owned by the child sex offender and was | ||||||
5 | purchased before August 14, 2008 (the effective date of Public | ||||||
6 | Act 95-821). | ||||||
7 | (b-15) It is unlawful for a child sex offender to | ||||||
8 | knowingly reside within 500 feet of the victim of the sex | ||||||
9 | offense. Nothing in this subsection (b-15) prohibits a child | ||||||
10 | sex offender from residing within 500 feet of the victim if the | ||||||
11 | property in which the child sex offender resides is owned by | ||||||
12 | the child sex offender and was purchased before August 22, | ||||||
13 | 2002. | ||||||
14 | This subsection (b-15) does not apply if the victim of the | ||||||
15 | sex offense is 21 years of age or older. | ||||||
16 | (b-20) It is unlawful for a child sex offender to | ||||||
17 | knowingly communicate, other than for a lawful purpose under | ||||||
18 | Illinois law, using the Internet or any other digital media, | ||||||
19 | with a person under 18 years of age or with a person whom he or | ||||||
20 | she believes to be a person under 18 years of age, unless the | ||||||
21 | offender is a parent or guardian of the person under 18 years | ||||||
22 | of age. | ||||||
23 | (c) It is unlawful for a child sex offender to knowingly | ||||||
24 | operate, manage, be employed by, volunteer at, be associated | ||||||
25 | with, or knowingly be present at any: (i) facility providing | ||||||
26 | programs or services exclusively directed toward persons under |
| |||||||
| |||||||
1 | the age of 18; (ii) day care center; (iii) part day child care | ||||||
2 | facility; (iv) child care institution; (v) school providing | ||||||
3 | before and after school programs for children under 18 years | ||||||
4 | of age; (vi) day care home; or (vii) group day care home. This | ||||||
5 | does not prohibit a child sex offender from owning the real | ||||||
6 | property upon which the programs or services are offered or | ||||||
7 | upon which the day care center, part day child care facility, | ||||||
8 | child care institution, or school providing before and after | ||||||
9 | school programs for children under 18 years of age is located, | ||||||
10 | provided the child sex offender refrains from being present on | ||||||
11 | the premises for the hours during which: (1) the programs or | ||||||
12 | services are being offered or (2) the day care center, part day | ||||||
13 | child care facility, child care institution, or school | ||||||
14 | providing before and after school programs for children under | ||||||
15 | 18 years of age, day care home, or group day care home is | ||||||
16 | operated. | ||||||
17 | (c-2) It is unlawful for a child sex offender to | ||||||
18 | participate in a holiday event involving children under 18 | ||||||
19 | years of age, including but not limited to distributing candy | ||||||
20 | or other items to children on Halloween, wearing a Santa Claus | ||||||
21 | costume on or preceding Christmas, being employed as a | ||||||
22 | department store Santa Claus, or wearing an Easter Bunny | ||||||
23 | costume on or preceding Easter. For the purposes of this | ||||||
24 | subsection, child sex offender has the meaning as defined in | ||||||
25 | this Section, but does not include as a sex offense under | ||||||
26 | paragraph (2) of subsection (d) of this Section, the offense |
| |||||||
| |||||||
1 | under subsection (c) of Section 11-1.50 of this Code. This | ||||||
2 | subsection does not apply to a child sex offender who is a | ||||||
3 | parent or guardian of children under 18 years of age that are | ||||||
4 | present in the home and other non-familial minors are not | ||||||
5 | present. | ||||||
6 | (c-5) It is unlawful for a child sex offender to knowingly | ||||||
7 | operate, manage, be employed by, or be associated with any | ||||||
8 | carnival, amusement enterprise, or county or State fair when | ||||||
9 | persons under the age of 18 are present. | ||||||
10 | (c-6) It is unlawful for a child sex offender who owns and | ||||||
11 | resides at residential real estate to knowingly rent any | ||||||
12 | residential unit within the same building in which he or she | ||||||
13 | resides to a person who is the parent or guardian of a child or | ||||||
14 | children under 18 years of age. This subsection shall apply | ||||||
15 | only to leases or other rental arrangements entered into after | ||||||
16 | January 1, 2009 (the effective date of Public Act 95-820). | ||||||
17 | (c-7) It is unlawful for a child sex offender to knowingly | ||||||
18 | offer or provide any programs or services to persons under 18 | ||||||
19 | years of age in his or her residence or the residence of | ||||||
20 | another or in any facility for the purpose of offering or | ||||||
21 | providing such programs or services, whether such programs or | ||||||
22 | services are offered or provided by contract, agreement, | ||||||
23 | arrangement, or on a volunteer basis. | ||||||
24 | (c-8) It is unlawful for a child sex offender to knowingly | ||||||
25 | operate, whether authorized to do so or not, any of the | ||||||
26 | following vehicles: (1) a vehicle which is specifically |
| |||||||
| |||||||
1 | designed, constructed or modified and equipped to be used for | ||||||
2 | the retail sale of food or beverages, including but not | ||||||
3 | limited to an ice cream truck; (2) an authorized emergency | ||||||
4 | vehicle; or (3) a rescue vehicle. | ||||||
5 | (d) Definitions. In this Section: | ||||||
6 | (1) "Child sex offender" means any person who: | ||||||
7 | (i) has been charged under Illinois law, or any | ||||||
8 | substantially similar federal law or law of another | ||||||
9 | state, with a sex offense set forth in paragraph (2) of | ||||||
10 | this subsection (d) or the attempt to commit an | ||||||
11 | included sex offense, and the victim is a person under | ||||||
12 | 18 years of age at the time of the offense; and: | ||||||
13 | (A) is convicted of such offense or an attempt | ||||||
14 | to commit such offense; or | ||||||
15 | (B) is found not guilty by reason of insanity | ||||||
16 | of such offense or an attempt to commit such | ||||||
17 | offense; or | ||||||
18 | (C) is found not guilty by reason of insanity | ||||||
19 | pursuant to subsection (c) of Section 104-25 of | ||||||
20 | the Code of Criminal Procedure of 1963 of such | ||||||
21 | offense or an attempt to commit such offense; or | ||||||
22 | (D) is the subject of a finding not resulting | ||||||
23 | in an acquittal at a hearing conducted pursuant to | ||||||
24 | subsection (a) of Section 104-25 of the Code of | ||||||
25 | Criminal Procedure of 1963 for the alleged | ||||||
26 | commission or attempted commission of such |
| |||||||
| |||||||
1 | offense; or | ||||||
2 | (E) is found not guilty by reason of insanity | ||||||
3 | following a hearing conducted pursuant to a | ||||||
4 | federal law or the law of another state | ||||||
5 | substantially similar to subsection (c) of Section | ||||||
6 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
7 | of such offense or of the attempted commission of | ||||||
8 | such offense; or | ||||||
9 | (F) is the subject of a finding not resulting | ||||||
10 | in an acquittal at a hearing conducted pursuant to | ||||||
11 | a federal law or the law of another state | ||||||
12 | substantially similar to subsection (a) of Section | ||||||
13 | 104-25 of the Code of Criminal Procedure of 1963 | ||||||
14 | for the alleged violation or attempted commission | ||||||
15 | of such offense; or | ||||||
16 | (ii) is certified as a sexually dangerous person | ||||||
17 | pursuant to the Illinois Sexually Dangerous Persons | ||||||
18 | Act, or any substantially similar federal law or the | ||||||
19 | law of another state, when any conduct giving rise to | ||||||
20 | such certification is committed or attempted against a | ||||||
21 | person less than 18 years of age; or | ||||||
22 | (iii) is subject to the provisions of Section 2 of | ||||||
23 | the Interstate Agreements on Sexually Dangerous | ||||||
24 | Persons Act. | ||||||
25 | Convictions that result from or are connected with the | ||||||
26 | same act, or result from offenses committed at the same |
| |||||||
| |||||||
1 | time, shall be counted for the purpose of this Section as | ||||||
2 | one conviction. Any conviction set aside pursuant to law | ||||||
3 | is not a conviction for purposes of this Section. | ||||||
4 | (2) Except as otherwise provided in paragraph (2.5), | ||||||
5 | "sex offense" means: | ||||||
6 | (i) A violation of any of the following Sections | ||||||
7 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
8 | 2012: 10-4 (forcible detention), 10-7 (aiding or | ||||||
9 | abetting child abduction under Section 10-5(b)(10)), | ||||||
10 | 10-5(b)(10) (child luring), 11-1.40 (predatory | ||||||
11 | criminal sexual assault of a child), 11-6 (indecent | ||||||
12 | solicitation of a child), 11-6.5 (indecent | ||||||
13 | solicitation of an adult), 11-9.1 (sexual exploitation | ||||||
14 | of a child), 11-9.2 (custodial sexual misconduct), | ||||||
15 | 11-9.5 (sexual misconduct with a person with a | ||||||
16 | disability), 11-11 (sexual relations within families), | ||||||
17 | 11-14.3(a)(1) (promoting prostitution by advancing | ||||||
18 | prostitution), 11-14.3(a)(2)(A) (promoting | ||||||
19 | prostitution by profiting from prostitution by | ||||||
20 | compelling a person to be a person engaged in the sex | ||||||
21 | trade prostitute ), 11-14.3(a)(2)(C) (promoting | ||||||
22 | prostitution by profiting from prostitution by means | ||||||
23 | other than as described in subparagraphs (A) and (B) | ||||||
24 | of paragraph (2) of subsection (a) of Section | ||||||
25 | 11-14.3), 11-14.4 (promoting commercial sexual | ||||||
26 | exploitation of a child juvenile prostitution ), |
| |||||||
| |||||||
1 | 11-18.1 (patronizing a sexually exploited child | ||||||
2 | juvenile prostitute ), 11-20.1 (child pornography), | ||||||
3 | 11-20.1B (aggravated child pornography), 11-21 | ||||||
4 | (harmful material), 11-25 (grooming), 11-26 (traveling | ||||||
5 | to meet a minor or traveling to meet a child), 12-33 | ||||||
6 | (ritualized abuse of a child), 11-20 (obscenity) (when | ||||||
7 | that offense was committed in any school, on real | ||||||
8 | property comprising any school, in any conveyance | ||||||
9 | owned, leased, or contracted by a school to transport | ||||||
10 | students to or from school or a school related | ||||||
11 | activity, or in a public park), 11-30 (public | ||||||
12 | indecency) (when committed in a school, on real | ||||||
13 | property comprising a school, in any conveyance owned, | ||||||
14 | leased, or contracted by a school to transport | ||||||
15 | students to or from school or a school related | ||||||
16 | activity, or in a public park). An attempt to commit | ||||||
17 | any of these offenses. | ||||||
18 | (ii) A violation of any of the following Sections | ||||||
19 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
20 | 2012, when the victim is a person under 18 years of | ||||||
21 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
22 | (aggravated criminal sexual assault), 11-1.50 | ||||||
23 | (criminal sexual abuse), 11-1.60 (aggravated criminal | ||||||
24 | sexual abuse). An attempt to commit any of these | ||||||
25 | offenses. | ||||||
26 | (iii) A violation of any of the following Sections |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
2 | 2012, when the victim is a person under 18 years of age | ||||||
3 | and the defendant is not a parent of the victim: | ||||||
4 | 10-1 (kidnapping), | ||||||
5 | 10-2 (aggravated kidnapping), | ||||||
6 | 10-3 (unlawful restraint), | ||||||
7 | 10-3.1 (aggravated unlawful restraint), | ||||||
8 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
9 | An attempt to commit any of these offenses. | ||||||
10 | (iv) A violation of any former law of this State | ||||||
11 | substantially equivalent to any offense listed in | ||||||
12 | clause (2)(i) or (2)(ii) of subsection (d) of this | ||||||
13 | Section. | ||||||
14 | (2.5) For the purposes of subsections (b-5) and (b-10) | ||||||
15 | only, a sex offense means: | ||||||
16 | (i) A violation of any of the following Sections | ||||||
17 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012: | ||||||
19 | 10-5(b)(10) (child luring), 10-7 (aiding or | ||||||
20 | abetting child abduction under Section 10-5(b)(10)), | ||||||
21 | 11-1.40 (predatory criminal sexual assault of a | ||||||
22 | child), 11-6 (indecent solicitation of a child), | ||||||
23 | 11-6.5 (indecent solicitation of an adult), 11-9.2 | ||||||
24 | (custodial sexual misconduct), 11-9.5 (sexual | ||||||
25 | misconduct with a person with a disability), 11-11 | ||||||
26 | (sexual relations within families), 11-14.3(a)(1) |
| |||||||
| |||||||
1 | (promoting prostitution by advancing prostitution), | ||||||
2 | 11-14.3(a)(2)(A) (promoting prostitution by profiting | ||||||
3 | from prostitution by compelling a person to be a | ||||||
4 | person engaged in the sex trade prostitute ), | ||||||
5 | 11-14.3(a)(2)(C) (promoting prostitution by profiting | ||||||
6 | from prostitution by means other than as described in | ||||||
7 | subparagraphs (A) and (B) of paragraph (2) of | ||||||
8 | subsection (a) of Section 11-14.3), 11-14.4 (promoting | ||||||
9 | commercial sexual exploitation of a child juvenile | ||||||
10 | prostitution ), 11-18.1 (patronizing a sexually | ||||||
11 | exploited child juvenile prostitute ), 11-20.1 (child | ||||||
12 | pornography), 11-20.1B (aggravated child pornography), | ||||||
13 | 11-25 (grooming), 11-26 (traveling to meet a minor or | ||||||
14 | traveling to meet a child), or 12-33 (ritualized abuse | ||||||
15 | of a child). An attempt to commit any of these | ||||||
16 | offenses. | ||||||
17 | (ii) A violation of any of the following Sections | ||||||
18 | of the Criminal Code of 1961 or the Criminal Code of | ||||||
19 | 2012, when the victim is a person under 18 years of | ||||||
20 | age: 11-1.20 (criminal sexual assault), 11-1.30 | ||||||
21 | (aggravated criminal sexual assault), 11-1.60 | ||||||
22 | (aggravated criminal sexual abuse), and subsection (a) | ||||||
23 | of Section 11-1.50 (criminal sexual abuse). An attempt | ||||||
24 | to commit any of these offenses. | ||||||
25 | (iii) A violation of any of the following Sections | ||||||
26 | of the Criminal Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012, when the victim is a person under 18 years of age | ||||||
2 | and the defendant is not a parent of the victim: | ||||||
3 | 10-1 (kidnapping), | ||||||
4 | 10-2 (aggravated kidnapping), | ||||||
5 | 10-3 (unlawful restraint), | ||||||
6 | 10-3.1 (aggravated unlawful restraint), | ||||||
7 | 11-9.1(A) (permitting sexual abuse of a child). | ||||||
8 | An attempt to commit any of these offenses. | ||||||
9 | (iv) A violation of any former law of this State | ||||||
10 | substantially equivalent to any offense listed in this | ||||||
11 | paragraph (2.5) of this subsection. | ||||||
12 | (3) A conviction for an offense of federal law or the | ||||||
13 | law of another state that is substantially equivalent to | ||||||
14 | any offense listed in paragraph (2) of subsection (d) of | ||||||
15 | this Section shall constitute a conviction for the purpose | ||||||
16 | of this Section. A finding or adjudication as a sexually | ||||||
17 | dangerous person under any federal law or law of another | ||||||
18 | state that is substantially equivalent to the Sexually | ||||||
19 | Dangerous Persons Act shall constitute an adjudication for | ||||||
20 | the purposes of this Section. | ||||||
21 | (4) "Authorized emergency vehicle", "rescue vehicle", | ||||||
22 | and "vehicle" have the meanings ascribed to them in | ||||||
23 | Sections 1-105, 1-171.8 and 1-217, respectively, of the | ||||||
24 | Illinois Vehicle Code. | ||||||
25 | (5) "Child care institution" has the meaning ascribed | ||||||
26 | to it in Section 2.06 of the Child Care Act of 1969. |
| |||||||
| |||||||
1 | (6) "Day care center" has the meaning ascribed to it | ||||||
2 | in Section 2.09 of the Child Care Act of 1969. | ||||||
3 | (7) "Day care home" has the meaning ascribed to it in | ||||||
4 | Section 2.18 of the Child Care Act of 1969. | ||||||
5 | (8) "Facility providing programs or services directed | ||||||
6 | towards persons under the age of 18" means any facility | ||||||
7 | providing programs or services exclusively directed | ||||||
8 | towards persons under the age of 18. | ||||||
9 | (9) "Group day care home" has the meaning ascribed to | ||||||
10 | it in Section 2.20 of the Child Care Act of 1969. | ||||||
11 | (10) "Internet" has the meaning set forth in Section | ||||||
12 | 16-0.1 of this Code. | ||||||
13 | (11) "Loiter" means: | ||||||
14 | (i) Standing, sitting idly, whether or not the | ||||||
15 | person is in a vehicle, or remaining in or around | ||||||
16 | school or public park property. | ||||||
17 | (ii) Standing, sitting idly, whether or not the | ||||||
18 | person is in a vehicle, or remaining in or around | ||||||
19 | school or public park property, for the purpose of | ||||||
20 | committing or attempting to commit a sex offense. | ||||||
21 | (iii) Entering or remaining in a building in or | ||||||
22 | around school property, other than the offender's | ||||||
23 | residence. | ||||||
24 | (12) "Part day child care facility" has the meaning | ||||||
25 | ascribed to it in Section 2.10 of the Child Care Act of | ||||||
26 | 1969. |
| |||||||
| |||||||
1 | (13) "Playground" means a piece of land owned or | ||||||
2 | controlled by a unit of local government that is | ||||||
3 | designated by the unit of local government for use solely | ||||||
4 | or primarily for children's recreation. | ||||||
5 | (14) "Public park" includes a park, forest preserve, | ||||||
6 | bikeway, trail, or conservation area under the | ||||||
7 | jurisdiction of the State or a unit of local government. | ||||||
8 | (15) "School" means a public or private preschool or | ||||||
9 | elementary or secondary school. | ||||||
10 | (16) "School official" means the principal, a teacher, | ||||||
11 | or any other certified employee of the school, the | ||||||
12 | superintendent of schools or a member of the school board. | ||||||
13 | (e) For the purposes of this Section, the 500 feet | ||||||
14 | distance shall be measured from: (1) the edge of the property | ||||||
15 | of the school building or the real property comprising the | ||||||
16 | school that is closest to the edge of the property of the child | ||||||
17 | sex offender's residence or where he or she is loitering, and | ||||||
18 | (2) the edge of the property comprising the public park | ||||||
19 | building or the real property comprising the public park, | ||||||
20 | playground, child care institution, day care center, part day | ||||||
21 | child care facility, or facility providing programs or | ||||||
22 | services exclusively directed toward persons under 18 years of | ||||||
23 | age, or a victim of the sex offense who is under 21 years of | ||||||
24 | age, to the edge of the child sex offender's place of residence | ||||||
25 | or place where he or she is loitering. | ||||||
26 | (f) Sentence. A person who violates this Section is guilty |
| |||||||
| |||||||
1 | of a Class 4 felony. | ||||||
2 | (Source: P.A. 102-997, eff. 1-1-23 .) | ||||||
3 | (720 ILCS 5/11-14.3) | ||||||
4 | Sec. 11-14.3. Promoting prostitution. | ||||||
5 | (a) Any person who knowingly performs any of the following | ||||||
6 | acts commits promoting prostitution: | ||||||
7 | (1) advances prostitution as defined in Section | ||||||
8 | 11-0.1; | ||||||
9 | (2) profits from prostitution by: | ||||||
10 | (A) compelling a person to become a person engaged | ||||||
11 | in the sex trade prostitute ; | ||||||
12 | (B) arranging or offering to arrange a situation | ||||||
13 | in which a person may practice prostitution; or | ||||||
14 | (C) any means other than those described in | ||||||
15 | subparagraph (A) or (B), including from a person who | ||||||
16 | patronizes a person engaged in the sex trade | ||||||
17 | prostitute . This paragraph (C) does not apply to a | ||||||
18 | person engaged in prostitution who is under 18 years | ||||||
19 | of age. A person cannot be convicted of promoting | ||||||
20 | prostitution under this paragraph (C) if the practice | ||||||
21 | of prostitution underlying the offense consists | ||||||
22 | exclusively of the accused's own acts of prostitution | ||||||
23 | under Section 11-14 of this Code. | ||||||
24 | (b) Sentence. | ||||||
25 | (1) A violation of subdivision (a)(1) is a Class 4 |
| |||||||
| |||||||
1 | felony, unless committed within 1,000 feet of real | ||||||
2 | property comprising a school, in which case it is a Class 3 | ||||||
3 | felony. A second or subsequent violation of subdivision | ||||||
4 | (a)(1), or any combination of convictions under | ||||||
5 | subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section | ||||||
6 | 11-14 (prostitution), 11-14.1 (solicitation of a sexual | ||||||
7 | act), 11-14.4 (promoting commercial sexual exploitation of | ||||||
8 | a child juvenile prostitution ), 11-15 (soliciting for a | ||||||
9 | person engaged in the sex trade prostitute ), 11-15.1 | ||||||
10 | (soliciting for a sexually exploited child juvenile | ||||||
11 | prostitute ), 11-16 (pandering), 11-17 (keeping a place of | ||||||
12 | prostitution), 11-17.1 (keeping a place of commercial | ||||||
13 | sexual exploitation of a child juvenile prostitution ), | ||||||
14 | 11-18 (patronizing a person engaged in the sex trade | ||||||
15 | prostitute ), 11-18.1 (patronizing a sexually exploited | ||||||
16 | child juvenile prostitute ), 11-19 (pimping), 11-19.1 | ||||||
17 | (juvenile pimping or aggravated juvenile pimping), or | ||||||
18 | 11-19.2 (exploitation of a child), is a Class 3 felony. | ||||||
19 | (2) A violation of subdivision (a)(2)(A) or (a)(2)(B) | ||||||
20 | is a Class 4 felony, unless committed within 1,000 feet of | ||||||
21 | real property comprising a school, in which case it is a | ||||||
22 | Class 3 felony. | ||||||
23 | (3) A violation of subdivision (a)(2)(C) is a Class 4 | ||||||
24 | felony, unless committed within 1,000 feet of real | ||||||
25 | property comprising a school, in which case it is a Class 3 | ||||||
26 | felony. A second or subsequent violation of subdivision |
| |||||||
| |||||||
1 | (a)(2)(C), or any combination of convictions under | ||||||
2 | subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A), | ||||||
3 | or (a)(2)(B) of this Section (promoting prostitution), | ||||||
4 | 11-14 (prostitution), 11-14.1 (solicitation of a sexual | ||||||
5 | act), 11-14.4 (promoting commercial sexual exploitation of | ||||||
6 | a child juvenile prostitution ), 11-15 (soliciting for a | ||||||
7 | person engaged in the sex trade prostitute ), 11-15.1 | ||||||
8 | (soliciting for a sexually exploited child juvenile | ||||||
9 | prostitute ), 11-16 (pandering), 11-17 (keeping a place of | ||||||
10 | prostitution), 11-17.1 (keeping a place of commercial | ||||||
11 | sexual exploitation of a child juvenile prostitution ), | ||||||
12 | 11-18 (patronizing a person engaged in the sex trade | ||||||
13 | prostitute ), 11-18.1 (patronizing a sexually exploited | ||||||
14 | child juvenile prostitute ), 11-19 (pimping), 11-19.1 | ||||||
15 | (juvenile pimping or aggravated juvenile pimping), or | ||||||
16 | 11-19.2 (exploitation of a child), is a Class 3 felony. | ||||||
17 | If the court imposes a fine under this subsection (b), it | ||||||
18 | shall be collected and distributed to the Specialized Services | ||||||
19 | for Survivors of Human Trafficking Fund in accordance with | ||||||
20 | Section 5-9-1.21 of the Unified Code of Corrections. | ||||||
21 | (Source: P.A. 98-1013, eff. 1-1-15 .) | ||||||
22 | (720 ILCS 5/11-14.4) | ||||||
23 | Sec. 11-14.4. Promoting commercial sexual exploitation of | ||||||
24 | a child juvenile prostitution . | ||||||
25 | (a) Any person who knowingly performs any of the following |
| |||||||
| |||||||
1 | acts commits promoting commercial sexual exploitation of a | ||||||
2 | child juvenile prostitution : | ||||||
3 | (1) advances prostitution as defined in Section | ||||||
4 | 11-0.1, where the minor engaged in prostitution, or any | ||||||
5 | person engaged in prostitution in the place, is under 18 | ||||||
6 | years of age or is a person with a severe or profound | ||||||
7 | intellectual disability at the time of the offense; | ||||||
8 | (2) profits from prostitution by any means where the | ||||||
9 | person engaged in the sex trade prostituted person is a | ||||||
10 | sexually exploited child under 18 years of age or is a | ||||||
11 | person with a severe or profound intellectual disability | ||||||
12 | at the time of the offense; | ||||||
13 | (3) profits from prostitution by any means where the | ||||||
14 | sexually exploited child prostituted person is under 13 | ||||||
15 | years of age at the time of the offense; | ||||||
16 | (4) confines a child under the age of 18 or a person | ||||||
17 | with a severe or profound intellectual disability against | ||||||
18 | his or her will by the infliction or threat of imminent | ||||||
19 | infliction of great bodily harm or permanent disability or | ||||||
20 | disfigurement or by administering to the child or the | ||||||
21 | person with a severe or profound intellectual disability, | ||||||
22 | without his or her consent or by threat or deception and | ||||||
23 | for other than medical purposes, any alcoholic intoxicant | ||||||
24 | or a drug as defined in the Illinois Controlled Substances | ||||||
25 | Act or the Cannabis Control Act or methamphetamine as | ||||||
26 | defined in the Methamphetamine Control and Community |
| |||||||
| |||||||
1 | Protection Act and: | ||||||
2 | (A) compels the child or the person with a severe | ||||||
3 | or profound intellectual disability to engage in | ||||||
4 | prostitution; | ||||||
5 | (B) arranges a situation in which the child or the | ||||||
6 | person with a severe or profound intellectual | ||||||
7 | disability may practice prostitution; or | ||||||
8 | (C) profits from prostitution by the child or the | ||||||
9 | person with a severe or profound intellectual | ||||||
10 | disability. | ||||||
11 | (b) For purposes of this Section, administering drugs, as | ||||||
12 | defined in subdivision (a)(4), or an alcoholic intoxicant to a | ||||||
13 | child under the age of 13 or a person with a severe or profound | ||||||
14 | intellectual disability shall be deemed to be without consent | ||||||
15 | if the administering is done without the consent of the | ||||||
16 | parents or legal guardian or if the administering is performed | ||||||
17 | by the parents or legal guardian for other than medical | ||||||
18 | purposes. | ||||||
19 | (c) If the accused did not have a reasonable opportunity | ||||||
20 | to observe the person engaged in the sex trade prostituted | ||||||
21 | person , it is an affirmative defense to a charge of promoting | ||||||
22 | commercial sexual exploitation of a child juvenile | ||||||
23 | prostitution , except for a charge under subdivision (a)(4), | ||||||
24 | that the accused reasonably believed the person was of the age | ||||||
25 | of 18 years or over or was not a person with a severe or | ||||||
26 | profound intellectual disability at the time of the act giving |
| |||||||
| |||||||
1 | rise to the charge. | ||||||
2 | (d) Sentence. A violation of subdivision (a)(1) is a Class | ||||||
3 | 1 felony, unless committed within 1,000 feet of real property | ||||||
4 | comprising a school, in which case it is a Class X felony. A | ||||||
5 | violation of subdivision (a)(2) is a Class 1 felony. A | ||||||
6 | violation of subdivision (a)(3) is a Class X felony. A | ||||||
7 | violation of subdivision (a)(4) is a Class X felony, for which | ||||||
8 | the person shall be sentenced to a term of imprisonment of not | ||||||
9 | less than 6 years and not more than 60 years. A second or | ||||||
10 | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), | ||||||
11 | or any combination of convictions under subdivision (a)(1), | ||||||
12 | (a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1 | ||||||
13 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
14 | prostitution), 11-15 (soliciting for a person engaged in the | ||||||
15 | sex trade prostitute ), 11-15.1 (soliciting for a sexually | ||||||
16 | exploited child juvenile prostitute ), 11-16 (pandering), 11-17 | ||||||
17 | (keeping a place of prostitution), 11-17.1 (keeping a place of | ||||||
18 | commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution ), 11-18 (patronizing a person engaged in the sex | ||||||
20 | trade prostitute ), 11-18.1 (patronizing a sexually exploited | ||||||
21 | child juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile | ||||||
22 | pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
23 | (exploitation of a child) of this Code, is a Class X felony. | ||||||
24 | (e) Forfeiture. Any person convicted of a violation of | ||||||
25 | this Section that involves promoting commercial sexual | ||||||
26 | exploitation of a child juvenile prostitution by keeping a |
| |||||||
| |||||||
1 | place of commercial sexual exploitation of a child juvenile | ||||||
2 | prostitution or convicted of a violation of subdivision (a)(4) | ||||||
3 | is subject to the property forfeiture provisions set forth in | ||||||
4 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
5 | (f) For the purposes of this Section, " person engaged in | ||||||
6 | the sex trade prostituted person " means any person who engages | ||||||
7 | in, or agrees or offers to engage in, any act of sexual | ||||||
8 | penetration as defined in Section 11-0.1 of this Code for any | ||||||
9 | money, property, token, object, or article or anything of | ||||||
10 | value, or any touching or fondling of the sex organs of one | ||||||
11 | person by another person, for any money, property, token, | ||||||
12 | object, or article or anything of value, for the purpose of | ||||||
13 | sexual arousal or gratification. | ||||||
14 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
15 | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) | ||||||
16 | Sec. 11-18. Patronizing a person engaged in the sex trade | ||||||
17 | prostitute . | ||||||
18 | (a) Any person who knowingly performs any of the following | ||||||
19 | acts with a person not his or her spouse commits patronizing a | ||||||
20 | person engaged in the sex trade prostitute : | ||||||
21 | (1) Engages in an act of sexual penetration as defined | ||||||
22 | in Section 11-0.1 of this Code with a person engaged in the | ||||||
23 | sex trade prostitute ; or | ||||||
24 | (2) Enters or remains in a place of prostitution with | ||||||
25 | intent to engage in an act of sexual penetration as |
| |||||||
| |||||||
1 | defined in Section 11-0.1 of this Code; or | ||||||
2 | (3) Engages in any touching or fondling with a person | ||||||
3 | engaged in the sex trade prostitute of the sex organs of | ||||||
4 | one person by the other person, with the intent to achieve | ||||||
5 | sexual arousal or gratification. | ||||||
6 | (b) Sentence. | ||||||
7 | Patronizing a person engaged in the sex trade prostitute | ||||||
8 | is a Class 4 felony, unless committed within 1,000 feet of real | ||||||
9 | property comprising a school, in which case it is a Class 3 | ||||||
10 | felony. A person convicted of a second or subsequent violation | ||||||
11 | of this Section, or of any combination of such number of | ||||||
12 | convictions under this Section and Sections 11-14 | ||||||
13 | (prostitution), 11-14.1 (solicitation of a sexual act), | ||||||
14 | 11-14.3 (promoting prostitution), 11-14.4 (promoting | ||||||
15 | commercial sexual exploitation of a child juvenile | ||||||
16 | prostitution ), 11-15 (soliciting for a person engaged in the | ||||||
17 | sex trade prostitute ), 11-15.1 (soliciting for a sexually | ||||||
18 | exploited child juvenile prostitute ), 11-16 (pandering), 11-17 | ||||||
19 | (keeping a place of prostitution), 11-17.1 (keeping a place of | ||||||
20 | commercial sexual exploitation of a child juvenile | ||||||
21 | prostitution ), 11-18.1 (patronizing a sexually exploited child | ||||||
22 | juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile | ||||||
23 | pimping or aggravated juvenile pimping), or 11-19.2 | ||||||
24 | (exploitation of a child) of this Code, is guilty of a Class 3 | ||||||
25 | felony. If the court imposes a fine under this subsection (b), | ||||||
26 | it shall be collected and distributed to the Specialized |
| |||||||
| |||||||
1 | Services for Survivors of Human Trafficking Fund in accordance | ||||||
2 | with Section 5-9-1.21 of the Unified Code of Corrections. | ||||||
3 | (c) (Blank). | ||||||
4 | (Source: P.A. 98-1013, eff. 1-1-15 .) | ||||||
5 | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | ||||||
6 | Sec. 11-18.1. Patronizing a sexually exploited child minor | ||||||
7 | engaged in prostitution . | ||||||
8 | (a) Any person who engages in an act of sexual penetration | ||||||
9 | as defined in Section 11-0.1 of this Code with a person who is | ||||||
10 | under 18 years of age engaged in prostitution who is under 18 | ||||||
11 | years of age or is a person with a severe or profound | ||||||
12 | intellectual disability commits patronizing a sexually | ||||||
13 | exploited child minor engaged in prostitution . | ||||||
14 | (a-5) Any person who engages in any touching or fondling, | ||||||
15 | with a person engaged in prostitution who either is a sexually | ||||||
16 | exploited child under 18 years of age or is a person with a | ||||||
17 | severe or profound intellectual disability, of the sex organs | ||||||
18 | of one person by the other person, with the intent to achieve | ||||||
19 | sexual arousal or gratification, commits patronizing a | ||||||
20 | sexually exploited child minor engaged in prostitution . | ||||||
21 | (b) It is an affirmative defense to the charge of | ||||||
22 | patronizing a sexually exploited child minor engaged in | ||||||
23 | prostitution that the accused reasonably believed that the | ||||||
24 | person was of the age of 18 years or over or was not a person | ||||||
25 | with a severe or profound intellectual disability at the time |
| |||||||
| |||||||
1 | of the act giving rise to the charge. | ||||||
2 | (c) Sentence. A person who commits patronizing a sexually | ||||||
3 | exploited child juvenile prostitute is guilty of a Class 3 | ||||||
4 | felony, unless committed within 1,000 feet of real property | ||||||
5 | comprising a school, in which case it is a Class 2 felony. A | ||||||
6 | person convicted of a second or subsequent violation of this | ||||||
7 | Section, or of any combination of such number of convictions | ||||||
8 | under this Section and Sections 11-14 (prostitution), 11-14.1 | ||||||
9 | (solicitation of a sexual act), 11-14.3 (promoting | ||||||
10 | prostitution), 11-14.4 (promoting commercial sexual | ||||||
11 | exploitation of a child juvenile prostitution ), 11-15 | ||||||
12 | (soliciting for a person engaged in the sex trade prostitute ), | ||||||
13 | 11-15.1 (soliciting for a sexually exploited child juvenile | ||||||
14 | prostitute ), 11-16 (pandering), 11-17 (keeping a place of | ||||||
15 | prostitution), 11-17.1 (keeping a place of commercial sexual | ||||||
16 | exploitation of a child juvenile prostitution ), 11-18 | ||||||
17 | (patronizing a person engaged in the sex trade prostitute ), | ||||||
18 | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated | ||||||
19 | juvenile pimping), or 11-19.2 (exploitation of a child) of | ||||||
20 | this Code, is guilty of a Class 2 felony. The fact of such | ||||||
21 | conviction is not an element of the offense and may not be | ||||||
22 | disclosed to the jury during trial unless otherwise permitted | ||||||
23 | by issues properly raised during such trial. | ||||||
24 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
25 | (720 ILCS 5/33G-3) |
| |||||||
| |||||||
1 | (Section scheduled to be repealed on June 1, 2025) | ||||||
2 | Sec. 33G-3. Definitions. As used in this Article: | ||||||
3 | (a) "Another state" means any State of the United States | ||||||
4 | (other than the State of Illinois), or the District of | ||||||
5 | Columbia, or the Commonwealth of Puerto Rico, or any territory | ||||||
6 | or possession of the United States, or any political | ||||||
7 | subdivision, or any department, agency, or instrumentality | ||||||
8 | thereof. | ||||||
9 | (b) "Enterprise" includes: | ||||||
10 | (1) any partnership, corporation, association, | ||||||
11 | business or charitable trust, or other legal entity; and | ||||||
12 | (2) any group of individuals or other legal entities, | ||||||
13 | or any combination thereof, associated in fact although | ||||||
14 | not itself a legal entity. An association in fact must be | ||||||
15 | held together by a common purpose of engaging in a course | ||||||
16 | of conduct, and it may be associated together for purposes | ||||||
17 | that are both legal and illegal. An association in fact | ||||||
18 | must: | ||||||
19 | (A) have an ongoing organization or structure, | ||||||
20 | either formal or informal; | ||||||
21 | (B) the various members of the group must function | ||||||
22 | as a continuing unit, even if the group changes | ||||||
23 | membership by gaining or losing members over time; and | ||||||
24 | (C) have an ascertainable structure distinct from | ||||||
25 | that inherent in the conduct of a pattern of predicate | ||||||
26 | activity. |
| |||||||
| |||||||
1 | As used in this Article, "enterprise" includes licit and | ||||||
2 | illicit enterprises. | ||||||
3 | (c) "Labor organization" includes any organization, labor | ||||||
4 | union, craft union, or any voluntary unincorporated | ||||||
5 | association designed to further the cause of the rights of | ||||||
6 | union labor that is constituted for the purpose, in whole or in | ||||||
7 | part, of collective bargaining or of dealing with employers | ||||||
8 | concerning grievances, terms or conditions of employment, or | ||||||
9 | apprenticeships or applications for apprenticeships, or of | ||||||
10 | other mutual aid or protection in connection with employment, | ||||||
11 | including apprenticeships or applications for apprenticeships. | ||||||
12 | (d) "Operation or management" means directing or carrying | ||||||
13 | out the enterprise's affairs and is limited to any person who | ||||||
14 | knowingly serves as a leader, organizer, operator, manager, | ||||||
15 | director, supervisor, financier, advisor, recruiter, supplier, | ||||||
16 | or enforcer of an enterprise in violation of this Article. | ||||||
17 | (e) "Predicate activity" means any act that is a Class 2 | ||||||
18 | felony or higher and constitutes a violation or violations of | ||||||
19 | any of the following provisions of the laws of the State of | ||||||
20 | Illinois (as amended or revised as of the date the activity | ||||||
21 | occurred or, in the instance of a continuing offense, the date | ||||||
22 | that charges under this Article are filed in a particular | ||||||
23 | matter in the State of Illinois) or any act under the law of | ||||||
24 | another jurisdiction for an offense that could be charged as a | ||||||
25 | Class 2 felony or higher in this State: | ||||||
26 | (1) under the Criminal Code of 1961 or the Criminal |
| |||||||
| |||||||
1 | Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1 | ||||||
2 | (first degree murder), 9-3.3 (drug-induced homicide), 10-1 | ||||||
3 | (kidnapping), 10-2 (aggravated kidnapping), 10-3.1 | ||||||
4 | (aggravated unlawful restraint), 10-4 (forcible | ||||||
5 | detention), 10-5(b)(10) (child abduction), 10-9 | ||||||
6 | (trafficking in persons, involuntary servitude, and | ||||||
7 | related offenses), 11-1.20 (criminal sexual assault), | ||||||
8 | 11-1.30 (aggravated criminal sexual assault), 11-1.40 | ||||||
9 | (predatory criminal sexual assault of a child), 11-1.60 | ||||||
10 | (aggravated criminal sexual abuse), 11-6 (indecent | ||||||
11 | solicitation of a child), 11-6.5 (indecent solicitation of | ||||||
12 | an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting | ||||||
13 | prostitution), 11-14.4 (promoting commercial sexual | ||||||
14 | exploitation of a child juvenile prostitution ), 11-18.1 | ||||||
15 | (patronizing a sexually exploited child minor engaged in | ||||||
16 | prostitution ; patronizing a sexually exploited child | ||||||
17 | juvenile prostitute ), 12-3.05 (aggravated battery), 12-6.4 | ||||||
18 | (criminal street gang recruitment), 12-6.5 (compelling | ||||||
19 | organization membership of persons), 12-7.3 (stalking), | ||||||
20 | 12-7.4 (aggravated stalking), 12-7.5 (cyberstalking), | ||||||
21 | 12-11 or 19-6 (home invasion), 12-11.1 or 18-6 (vehicular | ||||||
22 | invasion), 18-1 (robbery; aggravated robbery), 18-2 (armed | ||||||
23 | robbery), 18-3 (vehicular hijacking), 18-4 (aggravated | ||||||
24 | vehicular hijacking), 18-5 (aggravated robbery), 19-1 | ||||||
25 | (burglary), 19-3 (residential burglary), 20-1 (arson; | ||||||
26 | residential arson; place of worship arson), 20-1.1 |
| |||||||
| |||||||
1 | (aggravated arson), 20-1.2 (residential arson), 20-1.3 | ||||||
2 | (place of worship arson), 24-1.2 (aggravated discharge of | ||||||
3 | a firearm), 24-1.2-5 (aggravated discharge of a machine | ||||||
4 | gun or silencer equipped firearm), 24-1.8 (unlawful | ||||||
5 | possession of a firearm by a street gang member), 24-3.2 | ||||||
6 | (unlawful discharge of firearm projectiles), 24-3.9 | ||||||
7 | (aggravated possession of a stolen firearm), 24-3A | ||||||
8 | (gunrunning), 26-5 or 48-1 (dog-fighting), 29D-14.9 | ||||||
9 | (terrorism), 29D-15 (soliciting support for terrorism), | ||||||
10 | 29D-15.1 (causing a catastrophe), 29D-15.2 (possession of | ||||||
11 | a deadly substance), 29D-20 (making a terrorist threat), | ||||||
12 | 29D-25 (falsely making a terrorist threat), 29D-29.9 | ||||||
13 | (material support for terrorism), 29D-35 (hindering | ||||||
14 | prosecution of terrorism), 31A-1.2 (unauthorized | ||||||
15 | contraband in a penal institution), or 33A-3 (armed | ||||||
16 | violence); | ||||||
17 | (2) under the Cannabis Control Act: Sections 5 | ||||||
18 | (manufacture or delivery of cannabis), 5.1 (cannabis | ||||||
19 | trafficking), or 8 (production or possession of cannabis | ||||||
20 | plants), provided the offense either involves more than | ||||||
21 | 500 grams of any substance containing cannabis or involves | ||||||
22 | more than 50 cannabis sativa plants; | ||||||
23 | (3) under the Illinois Controlled Substances Act: | ||||||
24 | Sections 401 (manufacture or delivery of a controlled | ||||||
25 | substance), 401.1 (controlled substance trafficking), 405 | ||||||
26 | (calculated criminal drug conspiracy), or 405.2 (street |
| |||||||
| |||||||
1 | gang criminal drug conspiracy); or | ||||||
2 | (4) under the Methamphetamine Control and Community | ||||||
3 | Protection Act: Sections 15 (methamphetamine | ||||||
4 | manufacturing), or 55 (methamphetamine delivery). | ||||||
5 | (f) "Pattern of predicate activity" means: | ||||||
6 | (1) at least 3 occurrences of predicate activity that | ||||||
7 | are in some way related to each other and that have | ||||||
8 | continuity between them, and that are separate acts. Acts | ||||||
9 | are related to each other if they are not isolated events, | ||||||
10 | including if they have similar purposes, or results, or | ||||||
11 | participants, or victims, or are committed a similar way, | ||||||
12 | or have other similar distinguishing characteristics, or | ||||||
13 | are part of the affairs of the same enterprise. There is | ||||||
14 | continuity between acts if they are ongoing over a | ||||||
15 | substantial period, or if they are part of the regular way | ||||||
16 | some entity does business or conducts its affairs; and | ||||||
17 | (2) which occurs after the effective date of this | ||||||
18 | Article, and the last of which falls within 3 years | ||||||
19 | (excluding any period of imprisonment) after the first | ||||||
20 | occurrence of predicate activity. | ||||||
21 | (g) "Unlawful death" includes the following offenses: | ||||||
22 | under the Code of 1961 or the Criminal Code of 2012: Sections | ||||||
23 | 9-1 (first degree murder) or 9-2 (second degree murder). | ||||||
24 | (Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13 .) | ||||||
25 | (720 ILCS 5/36-1) (from Ch. 38, par. 36-1) |
| |||||||
| |||||||
1 | Sec. 36-1. Property subject to forfeiture. | ||||||
2 | (a) Any vessel or watercraft, vehicle, or aircraft is | ||||||
3 | subject to forfeiture under this Article if the vessel or | ||||||
4 | watercraft, vehicle, or aircraft is used with the knowledge | ||||||
5 | and consent of the owner in the commission of or in the attempt | ||||||
6 | to commit as defined in Section 8-4 of this Code: | ||||||
7 | (1) an offense prohibited by Section 9-1 (first degree | ||||||
8 | murder), Section 9-3 (involuntary manslaughter and | ||||||
9 | reckless homicide), Section 10-2 (aggravated kidnaping), | ||||||
10 | Section 11-1.20 (criminal sexual assault), Section 11-1.30 | ||||||
11 | (aggravated criminal sexual assault), Section 11-1.40 | ||||||
12 | (predatory criminal sexual assault of a child), subsection | ||||||
13 | (a) of Section 11-1.50 (criminal sexual abuse), subsection | ||||||
14 | (a), (c), or (d) of Section 11-1.60 (aggravated criminal | ||||||
15 | sexual abuse), Section 11-6 (indecent solicitation of a | ||||||
16 | child), Section 11-14.4 (promoting commercial sexual | ||||||
17 | exploitation of a child juvenile prostitution except for | ||||||
18 | keeping a place of commercial sexual exploitation of a | ||||||
19 | child juvenile prostitution ), Section 11-20.1 (child | ||||||
20 | pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1), | ||||||
21 | (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or | ||||||
22 | (e)(7) of Section 12-3.05 (aggravated battery), Section | ||||||
23 | 12-7.3 (stalking), Section 12-7.4 (aggravated stalking), | ||||||
24 | Section 16-1 (theft if the theft is of precious metal or of | ||||||
25 | scrap metal), subdivision (f)(2) or (f)(3) of Section | ||||||
26 | 16-25 (retail theft), Section 18-2 (armed robbery), |
| |||||||
| |||||||
1 | Section 19-1 (burglary), Section 19-2 (possession of | ||||||
2 | burglary tools), Section 19-3 (residential burglary), | ||||||
3 | Section 20-1 (arson; residential arson; place of worship | ||||||
4 | arson), Section 20-2 (possession of explosives or | ||||||
5 | explosive or incendiary devices), subdivision (a)(6) or | ||||||
6 | (a)(7) of Section 24-1 (unlawful use of weapons), Section | ||||||
7 | 24-1.2 (aggravated discharge of a firearm), Section | ||||||
8 | 24-1.2-5 (aggravated discharge of a machine gun or a | ||||||
9 | firearm equipped with a device designed or used for | ||||||
10 | silencing the report of a firearm), Section 24-1.5 | ||||||
11 | (reckless discharge of a firearm), Section 28-1 | ||||||
12 | (gambling), or Section 29D-15.2 (possession of a deadly | ||||||
13 | substance) of this Code; | ||||||
14 | (2) an offense prohibited by Section 21, 22, 23, 24 or | ||||||
15 | 26 of the Cigarette Tax Act if the vessel or watercraft, | ||||||
16 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
17 | cigarettes; | ||||||
18 | (3) an offense prohibited by Section 28, 29, or 30 of | ||||||
19 | the Cigarette Use Tax Act if the vessel or watercraft, | ||||||
20 | vehicle, or aircraft contains more than 10 cartons of such | ||||||
21 | cigarettes; | ||||||
22 | (4) an offense prohibited by Section 44 of the | ||||||
23 | Environmental Protection Act; | ||||||
24 | (5) an offense prohibited by Section 11-204.1 of the | ||||||
25 | Illinois Vehicle Code (aggravated fleeing or attempting to | ||||||
26 | elude a peace officer); |
| |||||||
| |||||||
1 | (6) an offense prohibited by Section 11-501 of the | ||||||
2 | Illinois Vehicle Code (driving while under the influence | ||||||
3 | of alcohol or other drug or drugs, intoxicating compound | ||||||
4 | or compounds or any combination thereof) or a similar | ||||||
5 | provision of a local ordinance, and: | ||||||
6 | (A) during a period in which his or her driving | ||||||
7 | privileges are revoked or suspended if the revocation | ||||||
8 | or suspension was for: | ||||||
9 | (i) Section 11-501 (driving under the | ||||||
10 | influence of alcohol or other drug or drugs, | ||||||
11 | intoxicating compound or compounds or any | ||||||
12 | combination thereof), | ||||||
13 | (ii) Section 11-501.1 (statutory summary | ||||||
14 | suspension or revocation), | ||||||
15 | (iii) paragraph (b) of Section 11-401 (motor | ||||||
16 | vehicle crashes involving death or personal | ||||||
17 | injuries), or | ||||||
18 | (iv) reckless homicide as defined in Section | ||||||
19 | 9-3 of this Code; | ||||||
20 | (B) has been previously convicted of reckless | ||||||
21 | homicide or a similar provision of a law of another | ||||||
22 | state relating to reckless homicide in which the | ||||||
23 | person was determined to have been under the influence | ||||||
24 | of alcohol, other drug or drugs, or intoxicating | ||||||
25 | compound or compounds as an element of the offense or | ||||||
26 | the person has previously been convicted of committing |
| |||||||
| |||||||
1 | a violation of driving under the influence of alcohol | ||||||
2 | or other drug or drugs, intoxicating compound or | ||||||
3 | compounds or any combination thereof and was involved | ||||||
4 | in a motor vehicle crash that resulted in death, great | ||||||
5 | bodily harm, or permanent disability or disfigurement | ||||||
6 | to another, when the violation was a proximate cause | ||||||
7 | of the death or injuries; | ||||||
8 | (C) the person committed a violation of driving | ||||||
9 | under the influence of alcohol or other drug or drugs, | ||||||
10 | intoxicating compound or compounds or any combination | ||||||
11 | thereof under Section 11-501 of the Illinois Vehicle | ||||||
12 | Code or a similar provision for the third or | ||||||
13 | subsequent time; | ||||||
14 | (D) he or she did not possess a valid driver's | ||||||
15 | license or permit or a valid restricted driving permit | ||||||
16 | or a valid judicial driving permit or a valid | ||||||
17 | monitoring device driving permit; or | ||||||
18 | (E) he or she knew or should have known that the | ||||||
19 | vehicle he or she was driving was not covered by a | ||||||
20 | liability insurance policy; | ||||||
21 | (7) an offense described in subsection (g) of Section | ||||||
22 | 6-303 of the Illinois Vehicle Code; | ||||||
23 | (8) an offense described in subsection (e) of Section | ||||||
24 | 6-101 of the Illinois Vehicle Code; or | ||||||
25 | (9)(A) operating a watercraft under the influence of | ||||||
26 | alcohol, other drug or drugs, intoxicating compound or |
| |||||||
| |||||||
1 | compounds, or combination thereof under Section 5-16 of | ||||||
2 | the Boat Registration and Safety Act during a period in | ||||||
3 | which his or her privileges to operate a watercraft are | ||||||
4 | revoked or suspended and the revocation or suspension was | ||||||
5 | for operating a watercraft under the influence of alcohol, | ||||||
6 | other drug or drugs, intoxicating compound or compounds, | ||||||
7 | or combination thereof; (B) operating a watercraft under | ||||||
8 | the influence of alcohol, other drug or drugs, | ||||||
9 | intoxicating compound or compounds, or combination thereof | ||||||
10 | and has been previously convicted of reckless homicide or | ||||||
11 | a similar provision of a law in another state relating to | ||||||
12 | reckless homicide in which the person was determined to | ||||||
13 | have been under the influence of alcohol, other drug or | ||||||
14 | drugs, intoxicating compound or compounds, or combination | ||||||
15 | thereof as an element of the offense or the person has | ||||||
16 | previously been convicted of committing a violation of | ||||||
17 | operating a watercraft under the influence of alcohol, | ||||||
18 | other drug or drugs, intoxicating compound or compounds, | ||||||
19 | or combination thereof and was involved in an accident | ||||||
20 | that resulted in death, great bodily harm, or permanent | ||||||
21 | disability or disfigurement to another, when the violation | ||||||
22 | was a proximate cause of the death or injuries; or (C) the | ||||||
23 | person committed a violation of operating a watercraft | ||||||
24 | under the influence of alcohol, other drug or drugs, | ||||||
25 | intoxicating compound or compounds, or combination thereof | ||||||
26 | under Section 5-16 of the Boat Registration and Safety Act |
| |||||||
| |||||||
1 | or a similar provision for the third or subsequent time. | ||||||
2 | (b) In addition, any mobile or portable equipment used in | ||||||
3 | the commission of an act which is in violation of Section 7g of | ||||||
4 | the Metropolitan Water Reclamation District Act shall be | ||||||
5 | subject to seizure and forfeiture under the same procedures | ||||||
6 | provided in this Article for the seizure and forfeiture of | ||||||
7 | vessels or watercraft, vehicles, and aircraft, and any such | ||||||
8 | equipment shall be deemed a vessel or watercraft, vehicle, or | ||||||
9 | aircraft for purposes of this Article. | ||||||
10 | (c) In addition, when a person discharges a firearm at | ||||||
11 | another individual from a vehicle with the knowledge and | ||||||
12 | consent of the owner of the vehicle and with the intent to | ||||||
13 | cause death or great bodily harm to that individual and as a | ||||||
14 | result causes death or great bodily harm to that individual, | ||||||
15 | the vehicle shall be subject to seizure and forfeiture under | ||||||
16 | the same procedures provided in this Article for the seizure | ||||||
17 | and forfeiture of vehicles used in violations of clauses (1), | ||||||
18 | (2), (3), or (4) of subsection (a) of this Section. | ||||||
19 | (d) If the spouse of the owner of a vehicle seized for an | ||||||
20 | offense described in subsection (g) of Section 6-303 of the | ||||||
21 | Illinois Vehicle Code, a violation of subdivision (d)(1)(A), | ||||||
22 | (d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section | ||||||
23 | 11-501 of the Illinois Vehicle Code, or Section 9-3 of this | ||||||
24 | Code makes a showing that the seized vehicle is the only source | ||||||
25 | of transportation and it is determined that the financial | ||||||
26 | hardship to the family as a result of the seizure outweighs the |
| |||||||
| |||||||
1 | benefit to the State from the seizure, the vehicle may be | ||||||
2 | forfeited to the spouse or family member and the title to the | ||||||
3 | vehicle shall be transferred to the spouse or family member | ||||||
4 | who is properly licensed and who requires the use of the | ||||||
5 | vehicle for employment or family transportation purposes. A | ||||||
6 | written declaration of forfeiture of a vehicle under this | ||||||
7 | Section shall be sufficient cause for the title to be | ||||||
8 | transferred to the spouse or family member. The provisions of | ||||||
9 | this paragraph shall apply only to one forfeiture per vehicle. | ||||||
10 | If the vehicle is the subject of a subsequent forfeiture | ||||||
11 | proceeding by virtue of a subsequent conviction of either | ||||||
12 | spouse or the family member, the spouse or family member to | ||||||
13 | whom the vehicle was forfeited under the first forfeiture | ||||||
14 | proceeding may not utilize the provisions of this paragraph in | ||||||
15 | another forfeiture proceeding. If the owner of the vehicle | ||||||
16 | seized owns more than one vehicle, the procedure set out in | ||||||
17 | this paragraph may be used for only one vehicle. | ||||||
18 | (e) In addition, property subject to forfeiture under | ||||||
19 | Section 40 of the Illinois Streetgang Terrorism Omnibus | ||||||
20 | Prevention Act may be seized and forfeited under this Article. | ||||||
21 | (Source: P.A. 102-982, eff. 7-1-23 .) | ||||||
22 | Section 140. The Code of Criminal Procedure of 1963 is | ||||||
23 | amended by changing Sections 108B-3, 111-8, 124B-10, 124B-100, | ||||||
24 | and 124B-300 as follows: |
| |||||||
| |||||||
1 | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | ||||||
2 | Sec. 108B-3. Authorization for the interception of private | ||||||
3 | communication. | ||||||
4 | (a) The State's Attorney, or a person designated in | ||||||
5 | writing or by law to act for him and to perform his duties | ||||||
6 | during his absence or disability, may authorize, in writing, | ||||||
7 | an ex parte application to the chief judge of a court of | ||||||
8 | competent jurisdiction for an order authorizing the | ||||||
9 | interception of a private communication when no party has | ||||||
10 | consented to the interception and (i) the interception may | ||||||
11 | provide evidence of, or may assist in the apprehension of a | ||||||
12 | person who has committed, is committing or is about to commit, | ||||||
13 | a violation of Section 8-1(b) (solicitation of murder), 8-1.2 | ||||||
14 | (solicitation of murder for hire), 9-1 (first degree murder), | ||||||
15 | 10-9 (involuntary servitude, involuntary sexual servitude of a | ||||||
16 | minor, or trafficking in persons), paragraph (1), (2), or (3) | ||||||
17 | of subsection (a) of Section 11-14.4 (promoting commercial | ||||||
18 | sexual exploitation of a child juvenile prostitution ), | ||||||
19 | subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 | ||||||
20 | (promoting prostitution), 11-15.1 (soliciting for a sexually | ||||||
21 | exploited child minor engaged in prostitution ), 11-16 | ||||||
22 | (pandering), 11-17.1 (keeping a place of commercial sexual | ||||||
23 | exploitation of a child juvenile prostitution ), 11-18.1 | ||||||
24 | (patronizing a sexually exploited child minor engaged in | ||||||
25 | prostitution ), 11-19.1 (juvenile pimping and aggravated | ||||||
26 | juvenile pimping), or 29B-1 (money laundering) of the Criminal |
| |||||||
| |||||||
1 | Code of 1961 or the Criminal Code of 2012, Section 401, 401.1 | ||||||
2 | (controlled substance trafficking), 405, 405.1 (criminal drug | ||||||
3 | conspiracy) or 407 of the Illinois Controlled Substances Act | ||||||
4 | or any Section of the Methamphetamine Control and Community | ||||||
5 | Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3, | ||||||
6 | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection | ||||||
7 | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), | ||||||
8 | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of | ||||||
9 | 2012 or conspiracy to commit money laundering or conspiracy to | ||||||
10 | commit first degree murder; (ii) in response to a clear and | ||||||
11 | present danger of imminent death or great bodily harm to | ||||||
12 | persons resulting from: (1) a kidnapping or the holding of a | ||||||
13 | hostage by force or the threat of the imminent use of force; or | ||||||
14 | (2) the occupation by force or the threat of the imminent use | ||||||
15 | of force of any premises, place, vehicle, vessel or aircraft; | ||||||
16 | (iii) to aid an investigation or prosecution of a civil action | ||||||
17 | brought under the Illinois Streetgang Terrorism Omnibus | ||||||
18 | Prevention Act when there is probable cause to believe the | ||||||
19 | interception of the private communication will provide | ||||||
20 | evidence that a streetgang is committing, has committed, or | ||||||
21 | will commit a second or subsequent gang-related offense or | ||||||
22 | that the interception of the private communication will aid in | ||||||
23 | the collection of a judgment entered under that Act; or (iv) | ||||||
24 | upon information and belief that a streetgang has committed, | ||||||
25 | is committing, or is about to commit a felony. | ||||||
26 | (b) The State's Attorney or a person designated in writing |
| |||||||
| |||||||
1 | or by law to act for the State's Attorney and to perform his or | ||||||
2 | her duties during his or her absence or disability, may | ||||||
3 | authorize, in writing, an ex parte application to the chief | ||||||
4 | judge of a circuit court for an order authorizing the | ||||||
5 | interception of a private communication when no party has | ||||||
6 | consented to the interception and the interception may provide | ||||||
7 | evidence of, or may assist in the apprehension of a person who | ||||||
8 | has committed, is committing or is about to commit, a | ||||||
9 | violation of an offense under Article 29D of the Criminal Code | ||||||
10 | of 1961 or the Criminal Code of 2012. | ||||||
11 | (b-1) Subsection (b) is inoperative on and after January | ||||||
12 | 1, 2005. | ||||||
13 | (b-2) No conversations recorded or monitored pursuant to | ||||||
14 | subsection (b) shall be made inadmissible in a court of law by | ||||||
15 | virtue of subsection (b-1). | ||||||
16 | (c) As used in this Section, "streetgang" and | ||||||
17 | "gang-related" have the meanings ascribed to them in Section | ||||||
18 | 10 of the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
19 | Act. | ||||||
20 | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; | ||||||
21 | 97-897, eff. 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
22 | (725 ILCS 5/111-8) (from Ch. 38, par. 111-8) | ||||||
23 | Sec. 111-8. Orders of protection to prohibit domestic | ||||||
24 | violence. | ||||||
25 | (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3, |
| |||||||
| |||||||
1 | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, | ||||||
2 | 11-1.60, 11-14.3 that involves soliciting for a person engaged | ||||||
3 | in the sex trade prostitute , 11-14.4 that involves soliciting | ||||||
4 | for a sexually exploited child juvenile prostitute , 11-15, | ||||||
5 | 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1, 12-2, 12-3, | ||||||
6 | 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3, 12-4.6, | ||||||
7 | 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, | ||||||
8 | 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or | ||||||
9 | 26.5-2 of the Criminal Code of 1961 or the Criminal Code of | ||||||
10 | 2012 or Section 1-1 of the Harassing and Obscene | ||||||
11 | Communications Act is alleged in an information, complaint or | ||||||
12 | indictment on file, and the alleged offender and victim are | ||||||
13 | family or household members, as defined in the Illinois | ||||||
14 | Domestic Violence Act of 1986, as now or hereafter amended, | ||||||
15 | the People through the respective State's Attorneys may by | ||||||
16 | separate petition and upon notice to the defendant, except as | ||||||
17 | provided in subsection (c) herein, request the court to issue | ||||||
18 | an order of protection. | ||||||
19 | (b) In addition to any other remedies specified in Section | ||||||
20 | 208 of the Illinois Domestic Violence Act of 1986, as now or | ||||||
21 | hereafter amended, the order may direct the defendant to | ||||||
22 | initiate no contact with the alleged victim or victims who are | ||||||
23 | family or household members and to refrain from entering the | ||||||
24 | residence, school or place of business of the alleged victim | ||||||
25 | or victims. | ||||||
26 | (c) The court may grant emergency relief without notice |
| |||||||
| |||||||
1 | upon a showing of immediate and present danger of abuse to the | ||||||
2 | victim or minor children of the victim and may enter a | ||||||
3 | temporary order pending notice and full hearing on the matter. | ||||||
4 | (Source: P.A. 99-642, eff. 7-28-16.) | ||||||
5 | (725 ILCS 5/124B-10) | ||||||
6 | Sec. 124B-10. Applicability; offenses. This Article | ||||||
7 | applies to forfeiture of property in connection with the | ||||||
8 | following: | ||||||
9 | (1) A violation of Section 10-9 or 10A-10 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
11 | (involuntary servitude; involuntary servitude of a minor; | ||||||
12 | or trafficking in persons). | ||||||
13 | (2) A violation of subdivision (a)(1) of Section | ||||||
14 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
15 | of 2012 (promoting commercial sexual exploitation of a | ||||||
16 | child juvenile prostitution ) or a violation of Section | ||||||
17 | 11-17.1 of the Criminal Code of 1961 (keeping a place of | ||||||
18 | commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution ). | ||||||
20 | (3) A violation of subdivision (a)(4) of Section | ||||||
21 | 11-14.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
22 | of 2012 (promoting commercial sexual exploitation of a | ||||||
23 | child juvenile prostitution ) or a violation of Section | ||||||
24 | 11-19.2 of the Criminal Code of 1961 (exploitation of a | ||||||
25 | child). |
| |||||||
| |||||||
1 | (4) A second or subsequent violation of Section 11-20 | ||||||
2 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
3 | (obscenity). | ||||||
4 | (5) A violation of Section 11-20.1 of the Criminal | ||||||
5 | Code of 1961 or the Criminal Code of 2012 (child | ||||||
6 | pornography). | ||||||
7 | (6) A violation of Section 11-20.1B or 11-20.3 of the | ||||||
8 | Criminal Code of 1961 (aggravated child pornography). | ||||||
9 | (6.5) A violation of Section 11-23.5 of the Criminal | ||||||
10 | Code of 2012. | ||||||
11 | (7) A violation of Section 12C-65 of the Criminal Code | ||||||
12 | of 2012 or Article 44 of the Criminal Code of 1961 | ||||||
13 | (unlawful transfer of a telecommunications device to a | ||||||
14 | minor). | ||||||
15 | (8) A violation of Section 17-50 or Section 16D-5 of | ||||||
16 | the Criminal Code of 2012 or the Criminal Code of 1961 | ||||||
17 | (computer fraud). | ||||||
18 | (9) A felony violation of Section 17-6.3 or Article | ||||||
19 | 17B of the Criminal Code of 2012 or the Criminal Code of | ||||||
20 | 1961 (WIC fraud). | ||||||
21 | (10) A felony violation of Section 48-1 of the | ||||||
22 | Criminal Code of 2012 or Section 26-5 of the Criminal Code | ||||||
23 | of 1961 (dog fighting). | ||||||
24 | (11) A violation of Article 29D of the Criminal Code | ||||||
25 | of 1961 or the Criminal Code of 2012 (terrorism). | ||||||
26 | (12) A felony violation of Section 4.01 of the Humane |
| |||||||
| |||||||
1 | Care for Animals Act (animals in entertainment). | ||||||
2 | (Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; | ||||||
3 | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. | ||||||
4 | 6-1-15 .) | ||||||
5 | (725 ILCS 5/124B-100) | ||||||
6 | Sec. 124B-100. Definition; "offense". For purposes of this | ||||||
7 | Article, "offense" is defined as follows: | ||||||
8 | (1) In the case of forfeiture authorized under Section | ||||||
9 | 10A-15 of the Criminal Code of 1961 or Section 10-9 of the | ||||||
10 | Criminal Code of 2012, "offense" means the offense of | ||||||
11 | involuntary servitude, involuntary servitude of a minor, | ||||||
12 | or trafficking in persons in violation of Section 10-9 or | ||||||
13 | 10A-10 of those Codes. | ||||||
14 | (2) In the case of forfeiture authorized under | ||||||
15 | subdivision (a)(1) of Section 11-14.4, or Section 11-17.1, | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | "offense" means the offense of promoting commercial sexual | ||||||
18 | exploitation of a child juvenile prostitution or keeping a | ||||||
19 | place of commercial sexual exploitation of a child | ||||||
20 | juvenile prostitution in violation of subdivision (a)(1) | ||||||
21 | of Section 11-14.4, or Section 11-17.1, of those Codes. | ||||||
22 | (3) In the case of forfeiture authorized under | ||||||
23 | subdivision (a)(4) of Section 11-14.4, or Section 11-19.2, | ||||||
24 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
25 | "offense" means the offense of promoting commercial sexual |
| |||||||
| |||||||
1 | exploitation of a child juvenile prostitution or | ||||||
2 | exploitation of a child in violation of subdivision (a)(4) | ||||||
3 | of Section 11-14.4, or Section 11-19.2, of those Codes. | ||||||
4 | (4) In the case of forfeiture authorized under Section | ||||||
5 | 11-20 of the Criminal Code of 1961 or the Criminal Code of | ||||||
6 | 2012, "offense" means the offense of obscenity in | ||||||
7 | violation of that Section. | ||||||
8 | (5) In the case of forfeiture authorized under Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012, "offense" means the offense of child pornography | ||||||
11 | in violation of Section 11-20.1 of that Code. | ||||||
12 | (6) In the case of forfeiture authorized under Section | ||||||
13 | 11-20.1B or 11-20.3 of the Criminal Code of 1961, | ||||||
14 | "offense" means the offense of aggravated child | ||||||
15 | pornography in violation of Section 11-20.1B or 11-20.3 of | ||||||
16 | that Code. | ||||||
17 | (7) In the case of forfeiture authorized under Section | ||||||
18 | 12C-65 of the Criminal Code of 2012 or Article 44 of the | ||||||
19 | Criminal Code of 1961, "offense" means the offense of | ||||||
20 | unlawful transfer of a telecommunications device to a | ||||||
21 | minor in violation of Section 12C-65 or Article 44 of | ||||||
22 | those Codes. | ||||||
23 | (8) In the case of forfeiture authorized under Section | ||||||
24 | 17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal | ||||||
25 | Code of 2012, "offense" means the offense of computer | ||||||
26 | fraud in violation of Section 17-50 or 16D-5 of those |
| |||||||
| |||||||
1 | Codes. | ||||||
2 | (9) In the case of forfeiture authorized under Section | ||||||
3 | 17-6.3 or Article 17B of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, "offense" means any felony | ||||||
5 | violation of Section 17-6.3 or Article 17B of those Codes. | ||||||
6 | (10) In the case of forfeiture authorized under | ||||||
7 | Section 29D-65 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, "offense" means any offense under | ||||||
9 | Article 29D of that Code. | ||||||
10 | (11) In the case of forfeiture authorized under | ||||||
11 | Section 4.01 of the Humane Care for Animals Act, Section | ||||||
12 | 26-5 of the Criminal Code of 1961, or Section 48-1 of the | ||||||
13 | Criminal Code of 2012, "offense" means any felony offense | ||||||
14 | under either of those Sections. | ||||||
15 | (12) In the case of forfeiture authorized under | ||||||
16 | Section 124B-1000(b) of the Code of Criminal Procedure of | ||||||
17 | 1963, "offense" means an offense in violation of the | ||||||
18 | Criminal Code of 1961, the Criminal Code of 2012, the | ||||||
19 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
20 | Act, or the Methamphetamine Control and Community | ||||||
21 | Protection Act, or an offense involving a | ||||||
22 | telecommunications device possessed by a person on the | ||||||
23 | real property of any elementary or secondary school | ||||||
24 | without authority of the school principal. | ||||||
25 | (Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
26 | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
| |||||||
| |||||||
1 | 1-1-13; 97-1150, eff. 1-25-13.) | ||||||
2 | (725 ILCS 5/124B-300) | ||||||
3 | Sec. 124B-300. Persons and property subject to forfeiture. | ||||||
4 | A person who commits the offense of involuntary servitude, | ||||||
5 | involuntary servitude of a minor, or trafficking of persons | ||||||
6 | under Section 10A-10 or Section 10-9 of the Criminal Code of | ||||||
7 | 1961 or the Criminal Code of 2012, promoting commercial sexual | ||||||
8 | exploitation of a child juvenile prostitution , keeping a place | ||||||
9 | of commercial sexual exploitation of a child juvenile | ||||||
10 | prostitution , or promoting prostitution that involves keeping | ||||||
11 | a place of prostitution under subsection (a)(1) or (a)(4) of | ||||||
12 | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 | ||||||
13 | of the Criminal Code of 1961 or of the Criminal Code of 2012 | ||||||
14 | shall forfeit to the State of Illinois any profits or proceeds | ||||||
15 | and any property he or she has acquired or maintained in | ||||||
16 | violation of Section 10A-10 or Section 10-9 of the Criminal | ||||||
17 | Code of 1961 or the Criminal Code of 2012, promoting | ||||||
18 | commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution , keeping a place of commercial sexual | ||||||
20 | exploitation of a child juvenile prostitution , or promoting | ||||||
21 | prostitution that involves keeping a place of prostitution | ||||||
22 | under subsection (a)(1) or (a)(4) of Section 11-14.4 or under | ||||||
23 | Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of | ||||||
24 | 1961 or of the Criminal Code of 2012 that the sentencing court | ||||||
25 | determines, after a forfeiture hearing under this Article, to |
| |||||||
| |||||||
1 | have been acquired or maintained as a result of maintaining a | ||||||
2 | person in involuntary servitude or participating in | ||||||
3 | trafficking of persons. | ||||||
4 | (Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15 .) | ||||||
5 | Section 145. The Sexually Violent Persons Commitment Act | ||||||
6 | is amended by changing Section 40 as follows: | ||||||
7 | (725 ILCS 207/40) | ||||||
8 | Sec. 40. Commitment. | ||||||
9 | (a) If a court or jury determines that the person who is | ||||||
10 | the subject of a petition under Section 15 of this Act is a | ||||||
11 | sexually violent person, the court shall order the person to | ||||||
12 | be committed to the custody of the Department for control, | ||||||
13 | care and treatment until such time as the person is no longer a | ||||||
14 | sexually violent person. | ||||||
15 | (b)(1) The court shall enter an initial commitment order | ||||||
16 | under this Section pursuant to a hearing held as soon as | ||||||
17 | practicable after the judgment is entered that the person who | ||||||
18 | is the subject of a petition under Section 15 is a sexually | ||||||
19 | violent person. If the court lacks sufficient information to | ||||||
20 | make the determination required by paragraph (b)(2) of this | ||||||
21 | Section immediately after trial, it may adjourn the hearing | ||||||
22 | and order the Department to conduct a predisposition | ||||||
23 | investigation or a supplementary mental examination, or both, | ||||||
24 | to assist the court in framing the commitment order. If the |
| |||||||
| |||||||
1 | Department's examining evaluator previously rendered an | ||||||
2 | opinion that the person who is the subject of a petition under | ||||||
3 | Section 15 does not meet the criteria to be found a sexually | ||||||
4 | violent person, then another evaluator shall conduct the | ||||||
5 | predisposition investigation and/or supplementary mental | ||||||
6 | examination. A supplementary mental examination under this | ||||||
7 | Section shall be conducted in accordance with Section 3-804 of | ||||||
8 | the Mental Health and Developmental Disabilities Code. The | ||||||
9 | State has the right to have the person evaluated by experts | ||||||
10 | chosen by the State. | ||||||
11 | (2) An order for commitment under this Section shall | ||||||
12 | specify either institutional care in a secure facility, as | ||||||
13 | provided under Section 50 of this Act, or conditional release. | ||||||
14 | In determining whether commitment shall be for institutional | ||||||
15 | care in a secure facility or for conditional release, the | ||||||
16 | court shall consider the nature and circumstances of the | ||||||
17 | behavior that was the basis of the allegation in the petition | ||||||
18 | under paragraph (b)(1) of Section 15, the person's mental | ||||||
19 | history and present mental condition, and what arrangements | ||||||
20 | are available to ensure that the person has access to and will | ||||||
21 | participate in necessary treatment. All treatment, whether in | ||||||
22 | institutional care, in a secure facility, or while on | ||||||
23 | conditional release, shall be conducted in conformance with | ||||||
24 | the standards developed under the Sex Offender Management | ||||||
25 | Board Act and conducted by a treatment provider licensed under | ||||||
26 | the Sex Offender Evaluation and Treatment Provider Act. The |
| |||||||
| |||||||
1 | Department shall arrange for control, care and treatment of | ||||||
2 | the person in the least restrictive manner consistent with the | ||||||
3 | requirements of the person and in accordance with the court's | ||||||
4 | commitment order. | ||||||
5 | (3) If the court finds that the person is appropriate for | ||||||
6 | conditional release, the court shall notify the Department. | ||||||
7 | The Department shall prepare a plan that identifies the | ||||||
8 | treatment and services, if any, that the person will receive | ||||||
9 | in the community. The plan shall address the person's need, if | ||||||
10 | any, for supervision, counseling, medication, community | ||||||
11 | support services, residential services, vocational services, | ||||||
12 | and alcohol or other drug abuse treatment. The Department may | ||||||
13 | contract with a county health department, with another public | ||||||
14 | agency or with a private agency to provide the treatment and | ||||||
15 | services identified in the plan. The plan shall specify who | ||||||
16 | will be responsible for providing the treatment and services | ||||||
17 | identified in the plan. The plan shall be presented to the | ||||||
18 | court for its approval within 60 days after the court finding | ||||||
19 | that the person is appropriate for conditional release, unless | ||||||
20 | the Department and the person to be released request | ||||||
21 | additional time to develop the plan. The conditional release | ||||||
22 | program operated under this Section is not subject to the | ||||||
23 | provisions of the Mental Health and Developmental Disabilities | ||||||
24 | Confidentiality Act. | ||||||
25 | (4) An order for conditional release places the person in | ||||||
26 | the custody and control of the Department. A person on |
| |||||||
| |||||||
1 | conditional release is subject to the conditions set by the | ||||||
2 | court and to the rules of the Department. Before a person is | ||||||
3 | placed on conditional release by the court under this Section, | ||||||
4 | the court shall so notify the municipal police department and | ||||||
5 | county sheriff for the municipality and county in which the | ||||||
6 | person will be residing. The notification requirement under | ||||||
7 | this Section does not apply if a municipal police department | ||||||
8 | or county sheriff submits to the court a written statement | ||||||
9 | waiving the right to be notified. Notwithstanding any other | ||||||
10 | provision in the Act, the person being supervised on | ||||||
11 | conditional release shall not reside at the same street | ||||||
12 | address as another sex offender being supervised on | ||||||
13 | conditional release under this Act, mandatory supervised | ||||||
14 | release, parole, aftercare release, probation, or any other | ||||||
15 | manner of supervision. If the Department alleges that a | ||||||
16 | released person has violated any condition or rule, or that | ||||||
17 | the safety of others requires that conditional release be | ||||||
18 | revoked, he or she may be taken into custody under the rules of | ||||||
19 | the Department. | ||||||
20 | At any time during which the person is on conditional | ||||||
21 | release, if the Department determines that the person has | ||||||
22 | violated any condition or rule, or that the safety of others | ||||||
23 | requires that conditional release be revoked, the Department | ||||||
24 | may request the Attorney General or State's Attorney to | ||||||
25 | request the court to issue an emergency ex parte order | ||||||
26 | directing any law enforcement officer to take the person into |
| |||||||
| |||||||
1 | custody and transport the person to the county jail. The | ||||||
2 | Department may request, or the Attorney General or State's | ||||||
3 | Attorney may request independently of the Department, that a | ||||||
4 | petition to revoke conditional release be filed. When a | ||||||
5 | petition is filed, the court may order the Department to issue | ||||||
6 | a notice to the person to be present at the Department or other | ||||||
7 | agency designated by the court, order a summons to the person | ||||||
8 | to be present, or order a body attachment for all law | ||||||
9 | enforcement officers to take the person into custody and | ||||||
10 | transport him or her to the county jail, hospital, or | ||||||
11 | treatment facility. The Department shall submit a statement | ||||||
12 | showing probable cause of the detention and a petition to | ||||||
13 | revoke the order for conditional release to the committing | ||||||
14 | court within 48 hours after the detention. The court shall | ||||||
15 | hear the petition within 30 days, unless the hearing or time | ||||||
16 | deadline is waived by the detained person. Pending the | ||||||
17 | revocation hearing, the Department may detain the person in a | ||||||
18 | jail, in a hospital or treatment facility. The State has the | ||||||
19 | burden of proving by clear and convincing evidence that any | ||||||
20 | rule or condition of release has been violated, or that the | ||||||
21 | safety of others requires that the conditional release be | ||||||
22 | revoked. If the court determines after hearing that any rule | ||||||
23 | or condition of release has been violated, or that the safety | ||||||
24 | of others requires that conditional release be revoked, it may | ||||||
25 | revoke the order for conditional release and order that the | ||||||
26 | released person be placed in an appropriate institution until |
| |||||||
| |||||||
1 | the person is discharged from the commitment under Section 65 | ||||||
2 | of this Act or until again placed on conditional release under | ||||||
3 | Section 60 of this Act. | ||||||
4 | (5) An order for conditional release places the person in | ||||||
5 | the custody, care, and control of the Department. The court | ||||||
6 | shall order the person be subject to the following rules of | ||||||
7 | conditional release, in addition to any other conditions | ||||||
8 | ordered, and the person shall be given a certificate setting | ||||||
9 | forth the conditions of conditional release. These conditions | ||||||
10 | shall be that the person: | ||||||
11 | (A) not violate any criminal statute of any | ||||||
12 | jurisdiction; | ||||||
13 | (B) report to or appear in person before such person | ||||||
14 | or agency as directed by the court and the Department; | ||||||
15 | (C) refrain from possession of a firearm or other | ||||||
16 | dangerous weapon; | ||||||
17 | (D) not leave the State without the consent of the | ||||||
18 | court or, in circumstances in which the reason for the | ||||||
19 | absence is of such an emergency nature, that prior consent | ||||||
20 | by the court is not possible without the prior | ||||||
21 | notification and approval of the Department; | ||||||
22 | (E) at the direction of the Department, notify third | ||||||
23 | parties of the risks that may be occasioned by his or her | ||||||
24 | criminal record or sexual offending history or | ||||||
25 | characteristics, and permit the supervising officer or | ||||||
26 | agent to make the notification requirement; |
| |||||||
| |||||||
1 | (F) attend and fully participate in assessment, | ||||||
2 | treatment, and behavior monitoring including, but not | ||||||
3 | limited to, medical, psychological or psychiatric | ||||||
4 | treatment specific to sexual offending, drug addiction, or | ||||||
5 | alcoholism, to the extent appropriate to the person based | ||||||
6 | upon the recommendation and findings made in the | ||||||
7 | Department evaluation or based upon any subsequent | ||||||
8 | recommendations by the Department; | ||||||
9 | (G) waive confidentiality allowing the court and | ||||||
10 | Department access to assessment or treatment results or | ||||||
11 | both; | ||||||
12 | (H) work regularly at a Department approved occupation | ||||||
13 | or pursue a course of study or vocational training and | ||||||
14 | notify the Department within 72 hours of any change in | ||||||
15 | employment, study, or training; | ||||||
16 | (I) not be employed or participate in any volunteer | ||||||
17 | activity that involves contact with children, except under | ||||||
18 | circumstances approved in advance and in writing by the | ||||||
19 | Department officer; | ||||||
20 | (J) submit to the search of his or her person, | ||||||
21 | residence, vehicle, or any personal or real property under | ||||||
22 | his or her control at any time by the Department; | ||||||
23 | (K) financially support his or her dependents and | ||||||
24 | provide the Department access to any requested financial | ||||||
25 | information; | ||||||
26 | (L) serve a term of home confinement, the conditions |
| |||||||
| |||||||
1 | of which shall be that the person: | ||||||
2 | (i) remain within the interior premises of the | ||||||
3 | place designated for his or her confinement during the | ||||||
4 | hours designated by the Department; | ||||||
5 | (ii) admit any person or agent designated by the | ||||||
6 | Department into the offender's place of confinement at | ||||||
7 | any time for purposes of verifying the person's | ||||||
8 | compliance with the condition of his or her | ||||||
9 | confinement; | ||||||
10 | (iii) if deemed necessary by the Department, be | ||||||
11 | placed on an electronic monitoring device; | ||||||
12 | (M) comply with the terms and conditions of an order | ||||||
13 | of protection issued by the court pursuant to the Illinois | ||||||
14 | Domestic Violence Act of 1986. A copy of the order of | ||||||
15 | protection shall be transmitted to the Department by the | ||||||
16 | clerk of the court; | ||||||
17 | (N) refrain from entering into a designated geographic | ||||||
18 | area except upon terms the Department finds appropriate. | ||||||
19 | The terms may include consideration of the purpose of the | ||||||
20 | entry, the time of day, others accompanying the person, | ||||||
21 | and advance approval by the Department; | ||||||
22 | (O) refrain from having any contact, including written | ||||||
23 | or oral communications, directly or indirectly, with | ||||||
24 | certain specified persons including, but not limited to, | ||||||
25 | the victim or the victim's family, and report any | ||||||
26 | incidental contact with the victim or the victim's family |
| |||||||
| |||||||
1 | to the Department within 72 hours; refrain from entering | ||||||
2 | onto the premises of, traveling past, or loitering near | ||||||
3 | the victim's residence, place of employment, or other | ||||||
4 | places frequented by the victim; | ||||||
5 | (P) refrain from having any contact, including written | ||||||
6 | or oral communications, directly or indirectly, with | ||||||
7 | particular types of persons, including but not limited to | ||||||
8 | members of street gangs, drug users, drug dealers, or | ||||||
9 | persons engaged in the sex trade prostitutes ; | ||||||
10 | (Q) refrain from all contact, direct or indirect, | ||||||
11 | personally, by telephone, letter, or through another | ||||||
12 | person, with minor children without prior identification | ||||||
13 | and approval of the Department; | ||||||
14 | (R) refrain from having in his or her body the | ||||||
15 | presence of alcohol or any illicit drug prohibited by the | ||||||
16 | Cannabis Control Act, the Illinois Controlled Substances | ||||||
17 | Act, or the Methamphetamine Control and Community | ||||||
18 | Protection Act, unless prescribed by a physician, and | ||||||
19 | submit samples of his or her breath, saliva, blood, or | ||||||
20 | urine for tests to determine the presence of alcohol or | ||||||
21 | any illicit drug; | ||||||
22 | (S) not establish a dating, intimate, or sexual | ||||||
23 | relationship with a person without prior written | ||||||
24 | notification to the Department; | ||||||
25 | (T) neither possess or have under his or her control | ||||||
26 | any material that is pornographic, sexually oriented, or |
| |||||||
| |||||||
1 | sexually stimulating, or that depicts or alludes to sexual | ||||||
2 | activity or depicts minors under the age of 18, including | ||||||
3 | but not limited to visual, auditory, telephonic, | ||||||
4 | electronic media, or any matter obtained through access to | ||||||
5 | any computer or material linked to computer access use; | ||||||
6 | (U) not patronize any business providing sexually | ||||||
7 | stimulating or sexually oriented entertainment nor utilize | ||||||
8 | "900" or adult telephone numbers or any other sex-related | ||||||
9 | telephone numbers; | ||||||
10 | (V) not reside near, visit, or be in or about parks, | ||||||
11 | schools, day care centers, swimming pools, beaches, | ||||||
12 | theaters, or any other places where minor children | ||||||
13 | congregate without advance approval of the Department and | ||||||
14 | report any incidental contact with minor children to the | ||||||
15 | Department within 72 hours; | ||||||
16 | (W) not establish any living arrangement or residence | ||||||
17 | without prior approval of the Department; | ||||||
18 | (X) not publish any materials or print any | ||||||
19 | advertisements without providing a copy of the proposed | ||||||
20 | publications to the Department officer and obtaining | ||||||
21 | permission prior to publication; | ||||||
22 | (Y) not leave the county except with prior permission | ||||||
23 | of the Department and provide the Department officer or | ||||||
24 | agent with written travel routes to and from work and any | ||||||
25 | other designated destinations; | ||||||
26 | (Z) not possess or have under his or her control |
| |||||||
| |||||||
1 | certain specified items of contraband related to the | ||||||
2 | incidence of sexually offending items including video or | ||||||
3 | still camera items or children's toys; | ||||||
4 | (AA) provide a written daily log of activities as | ||||||
5 | directed by the Department; | ||||||
6 | (BB) comply with all other special conditions that the | ||||||
7 | Department may impose that restrict the person from | ||||||
8 | high-risk situations and limit access or potential | ||||||
9 | victims. | ||||||
10 | (6) A person placed on conditional release and who during | ||||||
11 | the term undergoes mandatory drug or alcohol testing or is | ||||||
12 | assigned to be placed on an approved electronic monitoring | ||||||
13 | device may be ordered to pay all costs incidental to the | ||||||
14 | mandatory drug or alcohol testing and all costs incidental to | ||||||
15 | the approved electronic monitoring in accordance with the | ||||||
16 | person's ability to pay those costs. The Department may | ||||||
17 | establish reasonable fees for the cost of maintenance, | ||||||
18 | testing, and incidental expenses related to the mandatory drug | ||||||
19 | or alcohol testing and all costs incidental to approved | ||||||
20 | electronic monitoring. | ||||||
21 | (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. | ||||||
22 | 98-612 for the effective date of P.A. 97-1098); 98-558, eff. | ||||||
23 | 1-1-14 .) | ||||||
24 | Section 150. The Statewide Grand Jury Act is amended by | ||||||
25 | changing Sections 2 and 3 as follows: |
| |||||||
| |||||||
1 | (725 ILCS 215/2) (from Ch. 38, par. 1702) | ||||||
2 | Sec. 2. (a) County grand juries and State's Attorneys have | ||||||
3 | always had and shall continue to have primary responsibility | ||||||
4 | for investigating, indicting, and prosecuting persons who | ||||||
5 | violate the criminal laws of the State of Illinois. However, | ||||||
6 | in recent years organized terrorist activity directed against | ||||||
7 | innocent civilians and certain criminal enterprises have | ||||||
8 | developed that require investigation, indictment, and | ||||||
9 | prosecution on a statewide or multicounty level. The criminal | ||||||
10 | enterprises exist as a result of the allure of profitability | ||||||
11 | present in narcotic activity, the unlawful sale and transfer | ||||||
12 | of firearms, and streetgang related felonies and organized | ||||||
13 | terrorist activity is supported by the contribution of money | ||||||
14 | and expert assistance from geographically diverse sources. In | ||||||
15 | order to shut off the life blood of terrorism and weaken or | ||||||
16 | eliminate the criminal enterprises, assets, and property used | ||||||
17 | to further these offenses must be frozen, and any profit must | ||||||
18 | be removed. State statutes exist that can accomplish that | ||||||
19 | goal. Among them are the offense of money laundering, | ||||||
20 | violations of Article 29D of the Criminal Code of 1961 or the | ||||||
21 | Criminal Code of 2012, the Narcotics Profit Forfeiture Act, | ||||||
22 | and gunrunning. Local prosecutors need investigative personnel | ||||||
23 | and specialized training to attack and eliminate these | ||||||
24 | profits. In light of the transitory and complex nature of | ||||||
25 | conduct that constitutes these criminal activities, the many |
| |||||||
| |||||||
1 | diverse property interests that may be used, acquired directly | ||||||
2 | or indirectly as a result of these criminal activities, and | ||||||
3 | the many places that illegally obtained property may be | ||||||
4 | located, it is the purpose of this Act to create a limited, | ||||||
5 | multicounty Statewide Grand Jury with authority to | ||||||
6 | investigate, indict, and prosecute: narcotic activity, | ||||||
7 | including cannabis and controlled substance trafficking, | ||||||
8 | narcotics racketeering, money laundering, violations of the | ||||||
9 | Cannabis and Controlled Substances Tax Act, and violations of | ||||||
10 | Article 29D of the Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012; the unlawful sale and transfer of firearms; | ||||||
12 | gunrunning; and streetgang related felonies. | ||||||
13 | (b) A Statewide Grand Jury may also investigate, indict, | ||||||
14 | and prosecute violations facilitated by the use of a computer | ||||||
15 | of any of the following offenses: indecent solicitation of a | ||||||
16 | child, sexual exploitation of a child, soliciting for a | ||||||
17 | sexually exploited child juvenile prostitute , keeping a place | ||||||
18 | of commercial sexual exploitation of a child juvenile | ||||||
19 | prostitution , juvenile pimping, child pornography, aggravated | ||||||
20 | child pornography, or promoting commercial sexual exploitation | ||||||
21 | of a child juvenile prostitution except as described in | ||||||
22 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012. | ||||||
24 | (c) A Statewide Grand Jury may also investigate, indict, | ||||||
25 | and prosecute violations of organized retail crime. | ||||||
26 | (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.) |
| |||||||
| |||||||
1 | (725 ILCS 215/3) (from Ch. 38, par. 1703) | ||||||
2 | Sec. 3. Written application for the appointment of a | ||||||
3 | Circuit Judge to convene and preside over a Statewide Grand | ||||||
4 | Jury, with jurisdiction extending throughout the State, shall | ||||||
5 | be made to the Chief Justice of the Supreme Court. Upon such | ||||||
6 | written application, the Chief Justice of the Supreme Court | ||||||
7 | shall appoint a Circuit Judge from the circuit where the | ||||||
8 | Statewide Grand Jury is being sought to be convened, who shall | ||||||
9 | make a determination that the convening of a Statewide Grand | ||||||
10 | Jury is necessary. | ||||||
11 | In such application the Attorney General shall state that | ||||||
12 | the convening of a Statewide Grand Jury is necessary because | ||||||
13 | of an alleged offense or offenses set forth in this Section | ||||||
14 | involving more than one county of the State and identifying | ||||||
15 | any such offense alleged; and | ||||||
16 | (a) that he or she believes that the grand jury | ||||||
17 | function for the investigation and indictment of the | ||||||
18 | offense or offenses cannot effectively be performed by a | ||||||
19 | county grand jury together with the reasons for such | ||||||
20 | belief, and | ||||||
21 | (b)(1) that each State's Attorney with jurisdiction | ||||||
22 | over an offense or offenses to be investigated has | ||||||
23 | consented to the impaneling of the Statewide Grand Jury, | ||||||
24 | or | ||||||
25 | (2) if one or more of the State's Attorneys having |
| |||||||
| |||||||
1 | jurisdiction over an offense or offenses to be | ||||||
2 | investigated fails to consent to the impaneling of the | ||||||
3 | Statewide Grand Jury, the Attorney General shall set forth | ||||||
4 | good cause for impaneling the Statewide Grand Jury. | ||||||
5 | If the Circuit Judge determines that the convening of a | ||||||
6 | Statewide Grand Jury is necessary, he or she shall convene and | ||||||
7 | impanel the Statewide Grand Jury with jurisdiction extending | ||||||
8 | throughout the State to investigate and return indictments: | ||||||
9 | (a) For violations of any of the following or for any | ||||||
10 | other criminal offense committed in the course of | ||||||
11 | violating any of the following: Article 29D of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012, the | ||||||
13 | Illinois Controlled Substances Act, the Cannabis Control | ||||||
14 | Act, the Methamphetamine Control and Community Protection | ||||||
15 | Act, or the Narcotics Profit Forfeiture Act; a streetgang | ||||||
16 | related felony offense; Section 16-25.1, 24-2.1, 24-2.2, | ||||||
17 | 24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or | ||||||
18 | subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), | ||||||
19 | 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code | ||||||
20 | of 1961 or the Criminal Code of 2012; or a money laundering | ||||||
21 | offense; provided that the violation or offense involves | ||||||
22 | acts occurring in more than one county of this State; and | ||||||
23 | (a-5) For violations facilitated by the use of a | ||||||
24 | computer, including the use of the Internet, the World | ||||||
25 | Wide Web, electronic mail, message board, newsgroup, or | ||||||
26 | any other commercial or noncommercial on-line service, of |
| |||||||
| |||||||
1 | any of the following offenses: indecent solicitation of a | ||||||
2 | child, sexual exploitation of a child, soliciting for a | ||||||
3 | sexually exploited child juvenile prostitute , keeping a | ||||||
4 | place of commercial sexual exploitation of a child | ||||||
5 | juvenile prostitution , juvenile pimping, child | ||||||
6 | pornography, aggravated child pornography, or promoting | ||||||
7 | commercial sexual exploitation of a child juvenile | ||||||
8 | prostitution except as described in subdivision (a)(4) of | ||||||
9 | Section 11-14.4 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012; and | ||||||
11 | (b) For the offenses of perjury, subornation of | ||||||
12 | perjury, communicating with jurors and witnesses, and | ||||||
13 | harassment of jurors and witnesses, as they relate to | ||||||
14 | matters before the Statewide Grand Jury. | ||||||
15 | "Streetgang related" has the meaning ascribed to it in | ||||||
16 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
17 | Prevention Act. | ||||||
18 | Upon written application by the Attorney General for the | ||||||
19 | convening of an additional Statewide Grand Jury, the Chief | ||||||
20 | Justice of the Supreme Court shall appoint a Circuit Judge | ||||||
21 | from the circuit for which the additional Statewide Grand Jury | ||||||
22 | is sought. The Circuit Judge shall determine the necessity for | ||||||
23 | an additional Statewide Grand Jury in accordance with the | ||||||
24 | provisions of this Section. No more than 2 Statewide Grand | ||||||
25 | Juries may be empaneled at any time. | ||||||
26 | (Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.) |
| |||||||
| |||||||
1 | Section 155. The Unified Code of Corrections is amended by | ||||||
2 | changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2, | ||||||
3 | 5-6-3, 5-6-3.1, and 5-9-1.7 as follows: | ||||||
4 | (730 ILCS 5/3-1-2) (from Ch. 38, par. 1003-1-2) | ||||||
5 | Sec. 3-1-2. Definitions. | ||||||
6 | (a) "Chief Administrative Officer" means the person | ||||||
7 | designated by the Director to exercise the powers and duties | ||||||
8 | of the Department of Corrections in regard to committed | ||||||
9 | persons within a correctional institution or facility, and | ||||||
10 | includes the superintendent of any juvenile institution or | ||||||
11 | facility. | ||||||
12 | (a-3) "Aftercare release" means the conditional and | ||||||
13 | revocable release of a person committed to the Department of | ||||||
14 | Juvenile Justice under the Juvenile Court Act of 1987, under | ||||||
15 | the supervision of the Department of Juvenile Justice. | ||||||
16 | (a-5) "Sex offense" for the purposes of paragraph (16) of | ||||||
17 | subsection (a) of Section 3-3-7, paragraph (10) of subsection | ||||||
18 | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of | ||||||
19 | Section 5-6-3.1 only means: | ||||||
20 | (i) A violation of any of the following Sections of | ||||||
21 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
22 | 10-7 (aiding or abetting child abduction under Section | ||||||
23 | 10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent | ||||||
24 | solicitation of a child), 11-6.5 (indecent solicitation of |
| |||||||
| |||||||
1 | an adult), 11-14.4 (promoting commercial sexual | ||||||
2 | exploitation of a child juvenile prostitution ), 11-15.1 | ||||||
3 | (soliciting for a sexually exploited child juvenile | ||||||
4 | prostitute ), 11-17.1 (keeping a place of commercial sexual | ||||||
5 | exploitation of a child juvenile prostitution ), 11-18.1 | ||||||
6 | (patronizing a sexually exploited child juvenile | ||||||
7 | prostitute ), 11-19.1 (juvenile pimping), 11-19.2 | ||||||
8 | (exploitation of a child), 11-20.1 (child pornography), | ||||||
9 | 11-20.1B or 11-20.3 (aggravated child pornography), | ||||||
10 | 11-1.40 or 12-14.1 (predatory criminal sexual assault of a | ||||||
11 | child), or 12-33 (ritualized abuse of a child). An attempt | ||||||
12 | to commit any of these offenses. | ||||||
13 | (ii) A violation of any of the following Sections of | ||||||
14 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
15 | 11-1.20 or 12-13 (criminal sexual assault), 11-1.30 or | ||||||
16 | 12-14 (aggravated criminal sexual assault), 11-1.60 or | ||||||
17 | 12-16 (aggravated criminal sexual abuse), and subsection | ||||||
18 | (a) of Section 11-1.50 or subsection (a) of Section 12-15 | ||||||
19 | (criminal sexual abuse). An attempt to commit any of these | ||||||
20 | offenses. | ||||||
21 | (iii) A violation of any of the following Sections of | ||||||
22 | the Criminal Code of 1961 or the Criminal Code of 2012 when | ||||||
23 | the defendant is not a parent of the victim: | ||||||
24 | 10-1 (kidnapping), | ||||||
25 | 10-2 (aggravated kidnapping), | ||||||
26 | 10-3 (unlawful restraint), |
| |||||||
| |||||||
1 | 10-3.1 (aggravated unlawful restraint). | ||||||
2 | An attempt to commit any of these offenses. | ||||||
3 | (iv) A violation of any former law of this State | ||||||
4 | substantially equivalent to any offense listed in this | ||||||
5 | subsection (a-5). | ||||||
6 | An offense violating federal law or the law of another | ||||||
7 | state that is substantially equivalent to any offense listed | ||||||
8 | in this subsection (a-5) shall constitute a sex offense for | ||||||
9 | the purpose of this subsection (a-5). A finding or | ||||||
10 | adjudication as a sexually dangerous person under any federal | ||||||
11 | law or law of another state that is substantially equivalent | ||||||
12 | to the Sexually Dangerous Persons Act shall constitute an | ||||||
13 | adjudication for a sex offense for the purposes of this | ||||||
14 | subsection (a-5). | ||||||
15 | (b) "Commitment" means a judicially determined placement | ||||||
16 | in the custody of the Department of Corrections on the basis of | ||||||
17 | delinquency or conviction. | ||||||
18 | (c) "Committed person" is a person committed to the | ||||||
19 | Department, however a committed person shall not be considered | ||||||
20 | to be an employee of the Department of Corrections for any | ||||||
21 | purpose, including eligibility for a pension, benefits, or any | ||||||
22 | other compensation or rights or privileges which may be | ||||||
23 | provided to employees of the Department. | ||||||
24 | (c-5) "Computer scrub software" means any third-party | ||||||
25 | added software, designed to delete information from the | ||||||
26 | computer unit, the hard drive, or other software, which would |
| |||||||
| |||||||
1 | eliminate and prevent discovery of browser activity, | ||||||
2 | including, but not limited to, Internet history, address bar | ||||||
3 | or bars, cache or caches, and/or cookies, and which would | ||||||
4 | over-write files in a way so as to make previous computer | ||||||
5 | activity, including, but not limited to, website access, more | ||||||
6 | difficult to discover. | ||||||
7 | (c-10) "Content-controlled tablet" means any device that | ||||||
8 | can only access visitation applications or content relating to | ||||||
9 | educational or personal development. | ||||||
10 | (d) "Correctional institution or facility" means any | ||||||
11 | building or part of a building where committed persons are | ||||||
12 | kept in a secured manner. | ||||||
13 | (d-5) "Correctional officer" means: an employee of the | ||||||
14 | Department of Corrections who has custody and control over | ||||||
15 | committed persons in an adult correctional facility; or, for | ||||||
16 | an employee of the Department of Juvenile Justice, direct care | ||||||
17 | staff of persons committed to a juvenile facility. | ||||||
18 | (e) "Department" means both the Department of Corrections | ||||||
19 | and the Department of Juvenile Justice of this State, unless | ||||||
20 | the context is specific to either the Department of | ||||||
21 | Corrections or the Department of Juvenile Justice. | ||||||
22 | (f) "Director" means both the Director of Corrections and | ||||||
23 | the Director of Juvenile Justice, unless the context is | ||||||
24 | specific to either the Director of Corrections or the Director | ||||||
25 | of Juvenile Justice. | ||||||
26 | (f-5) (Blank). |
| |||||||
| |||||||
1 | (g) "Discharge" means the final termination of a | ||||||
2 | commitment to the Department of Corrections. | ||||||
3 | (h) "Discipline" means the rules and regulations for the | ||||||
4 | maintenance of order and the protection of persons and | ||||||
5 | property within the institutions and facilities of the | ||||||
6 | Department and their enforcement. | ||||||
7 | (i) "Escape" means the intentional and unauthorized | ||||||
8 | absence of a committed person from the custody of the | ||||||
9 | Department. | ||||||
10 | (j) "Furlough" means an authorized leave of absence from | ||||||
11 | the Department of Corrections for a designated purpose and | ||||||
12 | period of time. | ||||||
13 | (k) "Parole" means the conditional and revocable release | ||||||
14 | of a person committed to the Department of Corrections under | ||||||
15 | the supervision of a parole officer. | ||||||
16 | (l) "Prisoner Review Board" means the Board established in | ||||||
17 | Section 3-3-1(a), independent of the Department, to review | ||||||
18 | rules and regulations with respect to good time credits, to | ||||||
19 | hear charges brought by the Department against certain | ||||||
20 | prisoners alleged to have violated Department rules with | ||||||
21 | respect to good time credits, to set release dates for certain | ||||||
22 | prisoners sentenced under the law in effect prior to February | ||||||
23 | 1, 1978 (the effective date of Public Act 80-1099), to hear and | ||||||
24 | decide the time of aftercare release for persons committed to | ||||||
25 | the Department of Juvenile Justice under the Juvenile Court | ||||||
26 | Act of 1987 to hear requests and make recommendations to the |
| |||||||
| |||||||
1 | Governor with respect to pardon, reprieve or commutation, to | ||||||
2 | set conditions for parole, aftercare release, and mandatory | ||||||
3 | supervised release and determine whether violations of those | ||||||
4 | conditions justify revocation of parole or release, and to | ||||||
5 | assume all other functions previously exercised by the | ||||||
6 | Illinois Parole and Pardon Board. | ||||||
7 | (m) Whenever medical treatment, service, counseling, or | ||||||
8 | care is referred to in this Unified Code of Corrections, such | ||||||
9 | term may be construed by the Department or Court, within its | ||||||
10 | discretion, to include treatment, service, or counseling by a | ||||||
11 | Christian Science practitioner or nursing care appropriate | ||||||
12 | therewith whenever request therefor is made by a person | ||||||
13 | subject to the provisions of this Code. | ||||||
14 | (n) "Victim" shall have the meaning ascribed to it in | ||||||
15 | subsection (a) of Section 3 of the Rights of Crime Victims and | ||||||
16 | Witnesses Act. | ||||||
17 | (o) "Wrongfully imprisoned person" means a person who has | ||||||
18 | been discharged from a prison of this State and has received: | ||||||
19 | (1) a pardon from the Governor stating that such | ||||||
20 | pardon is issued on the ground of innocence of the crime | ||||||
21 | for which he or she was imprisoned; or | ||||||
22 | (2) a certificate of innocence from the Circuit Court | ||||||
23 | as provided in Section 2-702 of the Code of Civil | ||||||
24 | Procedure. | ||||||
25 | (Source: P.A. 102-558, eff. 8-20-21; 102-616, eff. 1-1-22 .) |
| |||||||
| |||||||
1 | (730 ILCS 5/3-2.5-95) | ||||||
2 | Sec. 3-2.5-95. Conditions of aftercare release. | ||||||
3 | (a) The conditions of aftercare release for all youth | ||||||
4 | committed to the Department under the Juvenile Court Act of | ||||||
5 | 1987 shall be such as the Department of Juvenile Justice deems | ||||||
6 | necessary to assist the youth in leading a law-abiding life. | ||||||
7 | The conditions of every aftercare release are that the youth: | ||||||
8 | (1) not violate any criminal statute of any | ||||||
9 | jurisdiction during the aftercare release term; | ||||||
10 | (2) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon; | ||||||
12 | (3) report to an agent of the Department; | ||||||
13 | (4) permit the agent or aftercare specialist to visit | ||||||
14 | the youth at his or her home, employment, or elsewhere to | ||||||
15 | the extent necessary for the agent or aftercare specialist | ||||||
16 | to discharge his or her duties; | ||||||
17 | (5) reside at a Department-approved host site; | ||||||
18 | (6) secure permission before visiting or writing a | ||||||
19 | committed person in an Illinois Department of Corrections | ||||||
20 | or Illinois Department of Juvenile Justice facility; | ||||||
21 | (7) report all arrests to an agent of the Department | ||||||
22 | as soon as permitted by the arresting authority but in no | ||||||
23 | event later than 24 hours after release from custody and | ||||||
24 | immediately report service or notification of an order of | ||||||
25 | protection, a civil no contact order, or a stalking no | ||||||
26 | contact order to an agent of the Department; |
| |||||||
| |||||||
1 | (8) obtain permission of an agent of the Department | ||||||
2 | before leaving the State of Illinois; | ||||||
3 | (9) obtain permission of an agent of the Department | ||||||
4 | before changing his or her residence or employment; | ||||||
5 | (10) consent to a search of his or her person, | ||||||
6 | property, or residence under his or her control; | ||||||
7 | (11) refrain from the use or possession of narcotics | ||||||
8 | or other controlled substances in any form, or both, or | ||||||
9 | any paraphernalia related to those substances and submit | ||||||
10 | to a urinalysis test as instructed by an agent of the | ||||||
11 | Department; | ||||||
12 | (12) not frequent places where controlled substances | ||||||
13 | are illegally sold, used, distributed, or administered; | ||||||
14 | (13) not knowingly associate with other persons on | ||||||
15 | parole, aftercare release, or mandatory supervised release | ||||||
16 | without prior written permission of his or her aftercare | ||||||
17 | specialist and not associate with persons who are members | ||||||
18 | of an organized gang as that term is defined in the | ||||||
19 | Illinois Streetgang Terrorism Omnibus Prevention Act; | ||||||
20 | (14) provide true and accurate information, as it | ||||||
21 | relates to his or her adjustment in the community while on | ||||||
22 | aftercare release or to his or her conduct while | ||||||
23 | incarcerated, in response to inquiries by an agent of the | ||||||
24 | Department; | ||||||
25 | (15) follow any specific instructions provided by the | ||||||
26 | agent that are consistent with furthering conditions set |
| |||||||
| |||||||
1 | and approved by the Department or by law to achieve the | ||||||
2 | goals and objectives of his or her aftercare release or to | ||||||
3 | protect the public; these instructions by the agent may be | ||||||
4 | modified at any time, as the agent deems appropriate; | ||||||
5 | (16) comply with the terms and conditions of an order | ||||||
6 | of protection issued under the Illinois Domestic Violence | ||||||
7 | Act of 1986; an order of protection issued by the court of | ||||||
8 | another state, tribe, or United States territory; a no | ||||||
9 | contact order issued under the Civil No Contact Order Act; | ||||||
10 | or a no contact order issued under the Stalking No Contact | ||||||
11 | Order Act; | ||||||
12 | (17) if convicted of a sex offense as defined in the | ||||||
13 | Sex Offender Management Board Act, and a sex offender | ||||||
14 | treatment provider has evaluated and recommended further | ||||||
15 | sex offender treatment while on aftercare release, the | ||||||
16 | youth shall undergo treatment by a sex offender treatment | ||||||
17 | provider or associate sex offender provider as defined in | ||||||
18 | the Sex Offender Management Board Act at his or her | ||||||
19 | expense based on his or her ability to pay for the | ||||||
20 | treatment; | ||||||
21 | (18) if convicted of a sex offense as defined in the | ||||||
22 | Sex Offender Management Board Act, refrain from residing | ||||||
23 | at the same address or in the same condominium unit or | ||||||
24 | apartment unit or in the same condominium complex or | ||||||
25 | apartment complex with another person he or she knows or | ||||||
26 | reasonably should know is a convicted sex offender or has |
| |||||||
| |||||||
1 | been placed on supervision for a sex offense; the | ||||||
2 | provisions of this paragraph do not apply to a person | ||||||
3 | convicted of a sex offense who is placed in a Department of | ||||||
4 | Corrections licensed transitional housing facility for sex | ||||||
5 | offenders, or is in any facility operated or licensed by | ||||||
6 | the Department of Children and Family Services or by the | ||||||
7 | Department of Human Services, or is in any licensed | ||||||
8 | medical facility; | ||||||
9 | (19) if convicted for an offense that would qualify | ||||||
10 | the offender as a sexual predator under the Sex Offender | ||||||
11 | Registration Act wear an approved electronic monitoring | ||||||
12 | device as defined in Section 5-8A-2 for the duration of | ||||||
13 | the youth's aftercare release term and if convicted for an | ||||||
14 | offense of criminal sexual assault, aggravated criminal | ||||||
15 | sexual assault, predatory criminal sexual assault of a | ||||||
16 | child, criminal sexual abuse, aggravated criminal sexual | ||||||
17 | abuse, or ritualized abuse of a child when the victim was | ||||||
18 | under 18 years of age at the time of the commission of the | ||||||
19 | offense and the offender used force or the threat of force | ||||||
20 | in the commission of the offense wear an approved | ||||||
21 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
22 | that has Global Positioning System (GPS) capability for | ||||||
23 | the duration of the youth's aftercare release term; | ||||||
24 | (20) if convicted for an offense that would qualify | ||||||
25 | the offender as a child sex offender as defined in Section | ||||||
26 | 11-9.3 or 11-9.4 of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012, refrain from communicating with or | ||||||
2 | contacting, by means of the Internet, a person who is not | ||||||
3 | related to the offender and whom the offender reasonably | ||||||
4 | believes to be under 18 years of age; for purposes of this | ||||||
5 | paragraph (20), "Internet" has the meaning ascribed to it | ||||||
6 | in Section 16-0.1 of the Criminal Code of 2012; and a | ||||||
7 | person is not related to the offender if the person is not: | ||||||
8 | (A) the spouse, brother, or sister of the offender; (B) a | ||||||
9 | descendant of the offender; (C) a first or second cousin | ||||||
10 | of the offender; or (D) a step-child or adopted child of | ||||||
11 | the offender; | ||||||
12 | (21) if convicted under Section 11-6, 11-20.1, | ||||||
13 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012, consent to search of | ||||||
15 | computers, PDAs, cellular phones, and other devices under | ||||||
16 | his or her control that are capable of accessing the | ||||||
17 | Internet or storing electronic files, in order to confirm | ||||||
18 | Internet protocol addresses reported in accordance with | ||||||
19 | the Sex Offender Registration Act and compliance with | ||||||
20 | conditions in this Act; | ||||||
21 | (22) if convicted for an offense that would qualify | ||||||
22 | the offender as a sex offender or sexual predator under | ||||||
23 | the Sex Offender Registration Act, not possess | ||||||
24 | prescription drugs for erectile dysfunction; | ||||||
25 | (23) if convicted for an offense under Section 11-6, | ||||||
26 | 11-9.1, 11-14.4 that involves soliciting for a sexually |
| |||||||
| |||||||
1 | exploited child juvenile prostitute , 11-15.1, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012, or any attempt to commit any | ||||||
4 | of these offenses: | ||||||
5 | (A) not access or use a computer or any other | ||||||
6 | device with Internet capability without the prior | ||||||
7 | written approval of the Department; | ||||||
8 | (B) submit to periodic unannounced examinations of | ||||||
9 | the youth's computer or any other device with Internet | ||||||
10 | capability by the youth's aftercare specialist, a law | ||||||
11 | enforcement officer, or assigned computer or | ||||||
12 | information technology specialist, including the | ||||||
13 | retrieval and copying of all data from the computer or | ||||||
14 | device and any internal or external peripherals and | ||||||
15 | removal of the information, equipment, or device to | ||||||
16 | conduct a more thorough inspection; | ||||||
17 | (C) submit to the installation on the youth's | ||||||
18 | computer or device with Internet capability, at the | ||||||
19 | youth's expense, of one or more hardware or software | ||||||
20 | systems to monitor the Internet use; and | ||||||
21 | (D) submit to any other appropriate restrictions | ||||||
22 | concerning the youth's use of or access to a computer | ||||||
23 | or any other device with Internet capability imposed | ||||||
24 | by the Department or the youth's aftercare specialist; | ||||||
25 | (24) if convicted of a sex offense as defined in the | ||||||
26 | Sex Offender Registration Act, refrain from accessing or |
| |||||||
| |||||||
1 | using a social networking website as defined in Section | ||||||
2 | 17-0.5 of the Criminal Code of 2012; | ||||||
3 | (25) if convicted of a sex offense as defined in | ||||||
4 | Section 2 of the Sex Offender Registration Act that | ||||||
5 | requires the youth to register as a sex offender under | ||||||
6 | that Act, not knowingly use any computer scrub software on | ||||||
7 | any computer that the youth uses; | ||||||
8 | (26) if convicted of a sex offense as defined in | ||||||
9 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
10 | youth is a parent or guardian of a person under 18 years of | ||||||
11 | age present in the home and no non-familial minors are | ||||||
12 | present, not participate in a holiday event involving | ||||||
13 | children under 18 years of age, such as distributing candy | ||||||
14 | or other items to children on Halloween, wearing a Santa | ||||||
15 | Claus costume on or preceding Christmas, being employed as | ||||||
16 | a department store Santa Claus, or wearing an Easter Bunny | ||||||
17 | costume on or preceding Easter; | ||||||
18 | (27) if convicted of a violation of an order of | ||||||
19 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
20 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
21 | placed under electronic surveillance as provided in | ||||||
22 | Section 5-8A-7 of this Code; and | ||||||
23 | (28) if convicted of a violation of the | ||||||
24 | Methamphetamine Control and Community Protection Act, the | ||||||
25 | Methamphetamine Precursor Control Act, or a | ||||||
26 | methamphetamine related offense, be: |
| |||||||
| |||||||
1 | (A) prohibited from purchasing, possessing, or | ||||||
2 | having under his or her control any product containing | ||||||
3 | pseudoephedrine unless prescribed by a physician; and | ||||||
4 | (B) prohibited from purchasing, possessing, or | ||||||
5 | having under his or her control any product containing | ||||||
6 | ammonium nitrate. | ||||||
7 | (b) The Department may in addition to other conditions | ||||||
8 | require that the youth: | ||||||
9 | (1) work or pursue a course of study or vocational | ||||||
10 | training; | ||||||
11 | (2) undergo medical or psychiatric treatment, or | ||||||
12 | treatment for drug addiction or alcoholism; | ||||||
13 | (3) attend or reside in a facility established for the | ||||||
14 | instruction or residence of persons on probation or | ||||||
15 | aftercare release; | ||||||
16 | (4) support his or her dependents; | ||||||
17 | (5) if convicted for an offense that would qualify the | ||||||
18 | youth as a child sex offender as defined in Section 11-9.3 | ||||||
19 | or 11-9.4 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012, refrain from communicating with or contacting, by | ||||||
21 | means of the Internet, a person who is related to the youth | ||||||
22 | and whom the youth reasonably believes to be under 18 | ||||||
23 | years of age; for purposes of this paragraph (5), | ||||||
24 | "Internet" has the meaning ascribed to it in Section | ||||||
25 | 16-0.1 of the Criminal Code of 2012; and a person is | ||||||
26 | related to the youth if the person is: (A) the spouse, |
| |||||||
| |||||||
1 | brother, or sister of the youth; (B) a descendant of the | ||||||
2 | youth; (C) a first or second cousin of the youth; or (D) a | ||||||
3 | step-child or adopted child of the youth; | ||||||
4 | (6) if convicted for an offense that would qualify as | ||||||
5 | a sex offense as defined in the Sex Offender Registration | ||||||
6 | Act: | ||||||
7 | (A) not access or use a computer or any other | ||||||
8 | device with Internet capability without the prior | ||||||
9 | written approval of the Department; | ||||||
10 | (B) submit to periodic unannounced examinations of | ||||||
11 | the youth's computer or any other device with Internet | ||||||
12 | capability by the youth's aftercare specialist, a law | ||||||
13 | enforcement officer, or assigned computer or | ||||||
14 | information technology specialist, including the | ||||||
15 | retrieval and copying of all data from the computer or | ||||||
16 | device and any internal or external peripherals and | ||||||
17 | removal of the information, equipment, or device to | ||||||
18 | conduct a more thorough inspection; | ||||||
19 | (C) submit to the installation on the youth's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | youth's offender's expense, of one or more hardware or | ||||||
22 | software systems to monitor the Internet use; and | ||||||
23 | (D) submit to any other appropriate restrictions | ||||||
24 | concerning the youth's use of or access to a computer | ||||||
25 | or any other device with Internet capability imposed | ||||||
26 | by the Department or the youth's aftercare specialist; |
| |||||||
| |||||||
1 | and | ||||||
2 | (7) in addition to other conditions: | ||||||
3 | (A) reside with his or her parents or in a foster | ||||||
4 | home; | ||||||
5 | (B) attend school; | ||||||
6 | (C) attend a non-residential program for youth; or | ||||||
7 | (D) contribute to his or her own support at home or | ||||||
8 | in a foster home. | ||||||
9 | (c) In addition to the conditions under subsections (a) | ||||||
10 | and (b) of this Section, youths required to register as sex | ||||||
11 | offenders under the Sex Offender Registration Act, upon | ||||||
12 | release from the custody of the Department of Juvenile | ||||||
13 | Justice, may be required by the Department to comply with the | ||||||
14 | following specific conditions of release: | ||||||
15 | (1) reside only at a Department approved location; | ||||||
16 | (2) comply with all requirements of the Sex Offender | ||||||
17 | Registration Act; | ||||||
18 | (3) notify third parties of the risks that may be | ||||||
19 | occasioned by his or her criminal record; | ||||||
20 | (4) obtain the approval of an agent of the Department | ||||||
21 | prior to accepting employment or pursuing a course of | ||||||
22 | study or vocational training and notify the Department | ||||||
23 | prior to any change in employment, study, or training; | ||||||
24 | (5) not be employed or participate in any volunteer | ||||||
25 | activity that involves contact with children, except under | ||||||
26 | circumstances approved in advance and in writing by an |
| |||||||
| |||||||
1 | agent of the Department; | ||||||
2 | (6) be electronically monitored for a specified period | ||||||
3 | of time from the date of release as determined by the | ||||||
4 | Department; | ||||||
5 | (7) refrain from entering into a designated geographic | ||||||
6 | area except upon terms approved in advance by an agent of | ||||||
7 | the Department; these terms may include consideration of | ||||||
8 | the purpose of the entry, the time of day, and others | ||||||
9 | accompanying the youth; | ||||||
10 | (8) refrain from having any contact, including written | ||||||
11 | or oral communications, directly or indirectly, personally | ||||||
12 | or by telephone, letter, or through a third party with | ||||||
13 | certain specified persons including, but not limited to, | ||||||
14 | the victim or the victim's family without the prior | ||||||
15 | written approval of an agent of the Department; | ||||||
16 | (9) refrain from all contact, directly or indirectly, | ||||||
17 | personally, by telephone, letter, or through a third | ||||||
18 | party, with minor children without prior identification | ||||||
19 | and approval of an agent of the Department; | ||||||
20 | (10) neither possess or have under his or her control | ||||||
21 | any material that is sexually oriented, sexually | ||||||
22 | stimulating, or that shows male or female sex organs or | ||||||
23 | any pictures depicting children under 18 years of age nude | ||||||
24 | or any written or audio material describing sexual | ||||||
25 | intercourse or that depicts or alludes to sexual activity, | ||||||
26 | including, but not limited to, visual, auditory, |
| |||||||
| |||||||
1 | telephonic, or electronic media, or any matter obtained | ||||||
2 | through access to any computer or material linked to | ||||||
3 | computer access use; | ||||||
4 | (11) not patronize any business providing sexually | ||||||
5 | stimulating or sexually oriented entertainment nor utilize | ||||||
6 | "900" or adult telephone numbers; | ||||||
7 | (12) not reside near, visit, or be in or about parks, | ||||||
8 | schools, day care centers, swimming pools, beaches, | ||||||
9 | theaters, or any other places where minor children | ||||||
10 | congregate without advance approval of an agent of the | ||||||
11 | Department and immediately report any incidental contact | ||||||
12 | with minor children to the Department; | ||||||
13 | (13) not possess or have under his or her control | ||||||
14 | certain specified items of contraband related to the | ||||||
15 | incidence of sexually offending as determined by an agent | ||||||
16 | of the Department; | ||||||
17 | (14) may be required to provide a written daily log of | ||||||
18 | activities if directed by an agent of the Department; | ||||||
19 | (15) comply with all other special conditions that the | ||||||
20 | Department may impose that restrict the youth from | ||||||
21 | high-risk situations and limit access to potential | ||||||
22 | victims; | ||||||
23 | (16) take an annual polygraph exam; | ||||||
24 | (17) maintain a log of his or her travel; or | ||||||
25 | (18) obtain prior approval of an agent of the | ||||||
26 | Department before driving alone in a motor vehicle. |
| |||||||
| |||||||
1 | (d) The conditions under which the aftercare release is to | ||||||
2 | be served shall be communicated to the youth in writing prior | ||||||
3 | to his or her release, and he or she shall sign the same before | ||||||
4 | release. A signed copy of these conditions, including a copy | ||||||
5 | of an order of protection if one had been issued by the | ||||||
6 | criminal court, shall be retained by the youth and another | ||||||
7 | copy forwarded to the officer or aftercare specialist in | ||||||
8 | charge of his or her supervision. | ||||||
9 | (e) After a revocation hearing under Section 3-3-9.5, the | ||||||
10 | Department of Juvenile Justice may modify or enlarge the | ||||||
11 | conditions of aftercare release. | ||||||
12 | (f) The Department shall inform all youth of the optional | ||||||
13 | services available to them upon release and shall assist youth | ||||||
14 | in availing themselves of the optional services upon their | ||||||
15 | release on a voluntary basis. | ||||||
16 | (Source: P.A. 99-628, eff. 1-1-17 .) | ||||||
17 | (730 ILCS 5/3-3-7) (from Ch. 38, par. 1003-3-7) | ||||||
18 | Sec. 3-3-7. Conditions of parole or mandatory supervised | ||||||
19 | release. | ||||||
20 | (a) The conditions of parole or mandatory supervised | ||||||
21 | release shall be such as the Prisoner Review Board deems | ||||||
22 | necessary to assist the subject in leading a law-abiding life. | ||||||
23 | The conditions of every parole and mandatory supervised | ||||||
24 | release are that the subject: | ||||||
25 | (1) not violate any criminal statute of any |
| |||||||
| |||||||
1 | jurisdiction during the parole or release term; | ||||||
2 | (2) refrain from possessing a firearm or other | ||||||
3 | dangerous weapon; | ||||||
4 | (3) report to an agent of the Department of | ||||||
5 | Corrections; | ||||||
6 | (4) permit the agent to visit him or her at his or her | ||||||
7 | home, employment, or elsewhere to the extent necessary for | ||||||
8 | the agent to discharge his or her duties; | ||||||
9 | (5) attend or reside in a facility established for the | ||||||
10 | instruction or residence of persons on parole or mandatory | ||||||
11 | supervised release; | ||||||
12 | (6) secure permission before visiting or writing a | ||||||
13 | committed person in an Illinois Department of Corrections | ||||||
14 | facility; | ||||||
15 | (7) report all arrests to an agent of the Department | ||||||
16 | of Corrections as soon as permitted by the arresting | ||||||
17 | authority but in no event later than 24 hours after | ||||||
18 | release from custody and immediately report service or | ||||||
19 | notification of an order of protection, a civil no contact | ||||||
20 | order, or a stalking no contact order to an agent of the | ||||||
21 | Department of Corrections; | ||||||
22 | (7.5) if convicted of a sex offense as defined in the | ||||||
23 | Sex Offender Management Board Act, the individual shall | ||||||
24 | undergo and successfully complete sex offender treatment | ||||||
25 | conducted in conformance with the standards developed by | ||||||
26 | the Sex Offender Management Board Act by a treatment |
| |||||||
| |||||||
1 | provider approved by the Board; | ||||||
2 | (7.6) if convicted of a sex offense as defined in the | ||||||
3 | Sex Offender Management Board Act, refrain from residing | ||||||
4 | at the same address or in the same condominium unit or | ||||||
5 | apartment unit or in the same condominium complex or | ||||||
6 | apartment complex with another person he or she knows or | ||||||
7 | reasonably should know is a convicted sex offender or has | ||||||
8 | been placed on supervision for a sex offense; the | ||||||
9 | provisions of this paragraph do not apply to a person | ||||||
10 | convicted of a sex offense who is placed in a Department of | ||||||
11 | Corrections licensed transitional housing facility for sex | ||||||
12 | offenders, or is in any facility operated or licensed by | ||||||
13 | the Department of Children and Family Services or by the | ||||||
14 | Department of Human Services, or is in any licensed | ||||||
15 | medical facility; | ||||||
16 | (7.7) if convicted for an offense that would qualify | ||||||
17 | the accused as a sexual predator under the Sex Offender | ||||||
18 | Registration Act on or after January 1, 2007 (the | ||||||
19 | effective date of Public Act 94-988), wear an approved | ||||||
20 | electronic monitoring device as defined in Section 5-8A-2 | ||||||
21 | for the duration of the person's parole, mandatory | ||||||
22 | supervised release term, or extended mandatory supervised | ||||||
23 | release term and if convicted for an offense of criminal | ||||||
24 | sexual assault, aggravated criminal sexual assault, | ||||||
25 | predatory criminal sexual assault of a child, criminal | ||||||
26 | sexual abuse, aggravated criminal sexual abuse, or |
| |||||||
| |||||||
1 | ritualized abuse of a child committed on or after August | ||||||
2 | 11, 2009 (the effective date of Public Act 96-236) when | ||||||
3 | the victim was under 18 years of age at the time of the | ||||||
4 | commission of the offense and the defendant used force or | ||||||
5 | the threat of force in the commission of the offense wear | ||||||
6 | an approved electronic monitoring device as defined in | ||||||
7 | Section 5-8A-2 that has Global Positioning System (GPS) | ||||||
8 | capability for the duration of the person's parole, | ||||||
9 | mandatory supervised release term, or extended mandatory | ||||||
10 | supervised release term; | ||||||
11 | (7.8) if convicted for an offense committed on or | ||||||
12 | after June 1, 2008 (the effective date of Public Act | ||||||
13 | 95-464) that would qualify the accused as a child sex | ||||||
14 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | refrain from communicating with or contacting, by means of | ||||||
17 | the Internet, a person who is not related to the accused | ||||||
18 | and whom the accused reasonably believes to be under 18 | ||||||
19 | years of age; for purposes of this paragraph (7.8), | ||||||
20 | "Internet" has the meaning ascribed to it in Section | ||||||
21 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
22 | related to the accused if the person is not: (i) the | ||||||
23 | spouse, brother, or sister of the accused; (ii) a | ||||||
24 | descendant of the accused; (iii) a first or second cousin | ||||||
25 | of the accused; or (iv) a step-child or adopted child of | ||||||
26 | the accused; |
| |||||||
| |||||||
1 | (7.9) if convicted under Section 11-6, 11-20.1, | ||||||
2 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
3 | or the Criminal Code of 2012, consent to search of | ||||||
4 | computers, PDAs, cellular phones, and other devices under | ||||||
5 | his or her control that are capable of accessing the | ||||||
6 | Internet or storing electronic files, in order to confirm | ||||||
7 | Internet protocol addresses reported in accordance with | ||||||
8 | the Sex Offender Registration Act and compliance with | ||||||
9 | conditions in this Act; | ||||||
10 | (7.10) if convicted for an offense that would qualify | ||||||
11 | the accused as a sex offender or sexual predator under the | ||||||
12 | Sex Offender Registration Act on or after June 1, 2008 | ||||||
13 | (the effective date of Public Act 95-640), not possess | ||||||
14 | prescription drugs for erectile dysfunction; | ||||||
15 | (7.11) if convicted for an offense under Section 11-6, | ||||||
16 | 11-9.1, 11-14.4 that involves soliciting for a sexually | ||||||
17 | exploited child juvenile prostitute , 11-15.1, 11-20.1, | ||||||
18 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
19 | or the Criminal Code of 2012, or any attempt to commit any | ||||||
20 | of these offenses, committed on or after June 1, 2009 (the | ||||||
21 | effective date of Public Act 95-983): | ||||||
22 | (i) not access or use a computer or any other | ||||||
23 | device with Internet capability without the prior | ||||||
24 | written approval of the Department; | ||||||
25 | (ii) submit to periodic unannounced examinations | ||||||
26 | of the offender's computer or any other device with |
| |||||||
| |||||||
1 | Internet capability by the offender's supervising | ||||||
2 | agent, a law enforcement officer, or assigned computer | ||||||
3 | or information technology specialist, including the | ||||||
4 | retrieval and copying of all data from the computer or | ||||||
5 | device and any internal or external peripherals and | ||||||
6 | removal of such information, equipment, or device to | ||||||
7 | conduct a more thorough inspection; | ||||||
8 | (iii) submit to the installation on the offender's | ||||||
9 | computer or device with Internet capability, at the | ||||||
10 | offender's expense, of one or more hardware or | ||||||
11 | software systems to monitor the Internet use; and | ||||||
12 | (iv) submit to any other appropriate restrictions | ||||||
13 | concerning the offender's use of or access to a | ||||||
14 | computer or any other device with Internet capability | ||||||
15 | imposed by the Board, the Department or the offender's | ||||||
16 | supervising agent; | ||||||
17 | (7.12) if convicted of a sex offense as defined in the | ||||||
18 | Sex Offender Registration Act committed on or after | ||||||
19 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
20 | refrain from accessing or using a social networking | ||||||
21 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
22 | of 2012; | ||||||
23 | (7.13) if convicted of a sex offense as defined in | ||||||
24 | Section 2 of the Sex Offender Registration Act committed | ||||||
25 | on or after January 1, 2010 (the effective date of Public | ||||||
26 | Act 96-362) that requires the person to register as a sex |
| |||||||
| |||||||
1 | offender under that Act, may not knowingly use any | ||||||
2 | computer scrub software on any computer that the sex | ||||||
3 | offender uses; | ||||||
4 | (8) obtain permission of an agent of the Department of | ||||||
5 | Corrections before leaving the State of Illinois; | ||||||
6 | (9) obtain permission of an agent of the Department of | ||||||
7 | Corrections before changing his or her residence or | ||||||
8 | employment; | ||||||
9 | (10) consent to a search of his or her person, | ||||||
10 | property, or residence under his or her control; | ||||||
11 | (11) refrain from the use or possession of narcotics | ||||||
12 | or other controlled substances in any form, or both, or | ||||||
13 | any paraphernalia related to those substances and submit | ||||||
14 | to a urinalysis test as instructed by a parole agent of the | ||||||
15 | Department of Corrections if there is reasonable suspicion | ||||||
16 | of illicit drug use and the source of the reasonable | ||||||
17 | suspicion is documented in the Department's case | ||||||
18 | management system; | ||||||
19 | (12) not knowingly frequent places where controlled | ||||||
20 | substances are illegally sold, used, distributed, or | ||||||
21 | administered; | ||||||
22 | (13) except when the association described in either | ||||||
23 | subparagraph (A) or (B) of this paragraph (13) involves | ||||||
24 | activities related to community programs, worship | ||||||
25 | services, volunteering, engaging families, or some other | ||||||
26 | pro-social activity in which there is no evidence of |
| |||||||
| |||||||
1 | criminal intent: | ||||||
2 | (A) not knowingly associate with other persons on | ||||||
3 | parole or mandatory supervised release without prior | ||||||
4 | written permission of his or her parole agent; or | ||||||
5 | (B) not knowingly associate with persons who are | ||||||
6 | members of an organized gang as that term is defined in | ||||||
7 | the Illinois Streetgang Terrorism Omnibus Prevention | ||||||
8 | Act; | ||||||
9 | (14) provide true and accurate information, as it | ||||||
10 | relates to his or her adjustment in the community while on | ||||||
11 | parole or mandatory supervised release or to his or her | ||||||
12 | conduct while incarcerated, in response to inquiries by | ||||||
13 | his or her parole agent or of the Department of | ||||||
14 | Corrections; | ||||||
15 | (15) follow any specific instructions provided by the | ||||||
16 | parole agent that are consistent with furthering | ||||||
17 | conditions set and approved by the Prisoner Review Board | ||||||
18 | or by law, exclusive of placement on electronic detention, | ||||||
19 | to achieve the goals and objectives of his or her parole or | ||||||
20 | mandatory supervised release or to protect the public. | ||||||
21 | These instructions by the parole agent may be modified at | ||||||
22 | any time, as the agent deems appropriate; | ||||||
23 | (16) if convicted of a sex offense as defined in | ||||||
24 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
25 | offender is a parent or guardian of the person under 18 | ||||||
26 | years of age present in the home and no non-familial |
| |||||||
| |||||||
1 | minors are present, not participate in a holiday event | ||||||
2 | involving children under 18 years of age, such as | ||||||
3 | distributing candy or other items to children on | ||||||
4 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
5 | Christmas, being employed as a department store Santa | ||||||
6 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
7 | Easter; | ||||||
8 | (17) if convicted of a violation of an order of | ||||||
9 | protection under Section 12-3.4 or Section 12-30 of the | ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012, be | ||||||
11 | placed under electronic surveillance as provided in | ||||||
12 | Section 5-8A-7 of this Code; | ||||||
13 | (18) comply with the terms and conditions of an order | ||||||
14 | of protection issued pursuant to the Illinois Domestic | ||||||
15 | Violence Act of 1986; an order of protection issued by the | ||||||
16 | court of another state, tribe, or United States territory; | ||||||
17 | a no contact order issued pursuant to the Civil No Contact | ||||||
18 | Order Act; or a no contact order issued pursuant to the | ||||||
19 | Stalking No Contact Order Act; | ||||||
20 | (19) if convicted of a violation of the | ||||||
21 | Methamphetamine Control and Community Protection Act, the | ||||||
22 | Methamphetamine Precursor Control Act, or a | ||||||
23 | methamphetamine related offense, be: | ||||||
24 | (A) prohibited from purchasing, possessing, or | ||||||
25 | having under his or her control any product containing | ||||||
26 | pseudoephedrine unless prescribed by a physician; and |
| |||||||
| |||||||
1 | (B) prohibited from purchasing, possessing, or | ||||||
2 | having under his or her control any product containing | ||||||
3 | ammonium nitrate; | ||||||
4 | (20) if convicted of a hate crime under Section 12-7.1 | ||||||
5 | of the Criminal Code of 2012, perform public or community | ||||||
6 | service of no less than 200 hours and enroll in an | ||||||
7 | educational program discouraging hate crimes involving the | ||||||
8 | protected class identified in subsection (a) of Section | ||||||
9 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
10 | offense the offender committed ordered by the court; and | ||||||
11 | (21) be evaluated by the Department of Corrections | ||||||
12 | prior to release using a validated risk assessment and be | ||||||
13 | subject to a corresponding level of supervision. In | ||||||
14 | accordance with the findings of that evaluation: | ||||||
15 | (A) All subjects found to be at a moderate or high | ||||||
16 | risk to recidivate, or on parole or mandatory | ||||||
17 | supervised release for first degree murder, a forcible | ||||||
18 | felony as defined in Section 2-8 of the Criminal Code | ||||||
19 | of 2012, any felony that requires registration as a | ||||||
20 | sex offender under the Sex Offender Registration Act, | ||||||
21 | or a Class X felony or Class 1 felony that is not a | ||||||
22 | violation of the Cannabis Control Act, the Illinois | ||||||
23 | Controlled Substances Act, or the Methamphetamine | ||||||
24 | Control and Community Protection Act, shall be subject | ||||||
25 | to high level supervision. The Department shall define | ||||||
26 | high level supervision based upon evidence-based and |
| |||||||
| |||||||
1 | research-based practices. Notwithstanding this | ||||||
2 | placement on high level supervision, placement of the | ||||||
3 | subject on electronic monitoring or detention shall | ||||||
4 | not occur unless it is required by law or expressly | ||||||
5 | ordered or approved by the Prisoner Review Board. | ||||||
6 | (B) All subjects found to be at a low risk to | ||||||
7 | recidivate shall be subject to low-level supervision, | ||||||
8 | except for those subjects on parole or mandatory | ||||||
9 | supervised release for first degree murder, a forcible | ||||||
10 | felony as defined in Section 2-8 of the Criminal Code | ||||||
11 | of 2012, any felony that requires registration as a | ||||||
12 | sex offender under the Sex Offender Registration Act, | ||||||
13 | or a Class X felony or Class 1 felony that is not a | ||||||
14 | violation of the Cannabis Control Act, the Illinois | ||||||
15 | Controlled Substances Act, or the Methamphetamine | ||||||
16 | Control and Community Protection Act. Low level | ||||||
17 | supervision shall require the subject to check in with | ||||||
18 | the supervising officer via phone or other electronic | ||||||
19 | means. Notwithstanding this placement on low level | ||||||
20 | supervision, placement of the subject on electronic | ||||||
21 | monitoring or detention shall not occur unless it is | ||||||
22 | required by law or expressly ordered or approved by | ||||||
23 | the Prisoner Review Board. | ||||||
24 | (b) The Board may after making an individualized | ||||||
25 | assessment pursuant to subsection (a) of Section 3-14-2 in | ||||||
26 | addition to other conditions require that the subject: |
| |||||||
| |||||||
1 | (1) work or pursue a course of study or vocational | ||||||
2 | training; | ||||||
3 | (2) undergo medical or psychiatric treatment, or | ||||||
4 | treatment for drug addiction or alcoholism; | ||||||
5 | (3) attend or reside in a facility established for the | ||||||
6 | instruction or residence of persons on probation or | ||||||
7 | parole; | ||||||
8 | (4) support his or her dependents; | ||||||
9 | (5) (blank); | ||||||
10 | (6) (blank); | ||||||
11 | (7) (blank); | ||||||
12 | (7.5) if convicted for an offense committed on or | ||||||
13 | after the effective date of this amendatory Act of the | ||||||
14 | 95th General Assembly that would qualify the accused as a | ||||||
15 | child sex offender as defined in Section 11-9.3 or 11-9.4 | ||||||
16 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
17 | refrain from communicating with or contacting, by means of | ||||||
18 | the Internet, a person who is related to the accused and | ||||||
19 | whom the accused reasonably believes to be under 18 years | ||||||
20 | of age; for purposes of this paragraph (7.5), "Internet" | ||||||
21 | has the meaning ascribed to it in Section 16-0.1 of the | ||||||
22 | Criminal Code of 2012; and a person is related to the | ||||||
23 | accused if the person is: (i) the spouse, brother, or | ||||||
24 | sister of the accused; (ii) a descendant of the accused; | ||||||
25 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
26 | step-child or adopted child of the accused; |
| |||||||
| |||||||
1 | (7.6) if convicted for an offense committed on or | ||||||
2 | after June 1, 2009 (the effective date of Public Act | ||||||
3 | 95-983) that would qualify as a sex offense as defined in | ||||||
4 | the Sex Offender Registration Act: | ||||||
5 | (i) not access or use a computer or any other | ||||||
6 | device with Internet capability without the prior | ||||||
7 | written approval of the Department; | ||||||
8 | (ii) submit to periodic unannounced examinations | ||||||
9 | of the offender's computer or any other device with | ||||||
10 | Internet capability by the offender's supervising | ||||||
11 | agent, a law enforcement officer, or assigned computer | ||||||
12 | or information technology specialist, including the | ||||||
13 | retrieval and copying of all data from the computer or | ||||||
14 | device and any internal or external peripherals and | ||||||
15 | removal of such information, equipment, or device to | ||||||
16 | conduct a more thorough inspection; | ||||||
17 | (iii) submit to the installation on the offender's | ||||||
18 | computer or device with Internet capability, at the | ||||||
19 | offender's expense, of one or more hardware or | ||||||
20 | software systems to monitor the Internet use; and | ||||||
21 | (iv) submit to any other appropriate restrictions | ||||||
22 | concerning the offender's use of or access to a | ||||||
23 | computer or any other device with Internet capability | ||||||
24 | imposed by the Board, the Department or the offender's | ||||||
25 | supervising agent; and | ||||||
26 | (8) (blank). |
| |||||||
| |||||||
1 | (b-1) In addition to the conditions set forth in | ||||||
2 | subsections (a) and (b), persons required to register as sex | ||||||
3 | offenders pursuant to the Sex Offender Registration Act, upon | ||||||
4 | release from the custody of the Illinois Department of | ||||||
5 | Corrections, may be required by the Board to comply with the | ||||||
6 | following specific conditions of release following an | ||||||
7 | individualized assessment pursuant to subsection (a) of | ||||||
8 | Section 3-14-2: | ||||||
9 | (1) reside only at a Department approved location; | ||||||
10 | (2) comply with all requirements of the Sex Offender | ||||||
11 | Registration Act; | ||||||
12 | (3) notify third parties of the risks that may be | ||||||
13 | occasioned by his or her criminal record; | ||||||
14 | (4) obtain the approval of an agent of the Department | ||||||
15 | of Corrections prior to accepting employment or pursuing a | ||||||
16 | course of study or vocational training and notify the | ||||||
17 | Department prior to any change in employment, study, or | ||||||
18 | training; | ||||||
19 | (5) not be employed or participate in any volunteer | ||||||
20 | activity that involves contact with children, except under | ||||||
21 | circumstances approved in advance and in writing by an | ||||||
22 | agent of the Department of Corrections; | ||||||
23 | (6) be electronically monitored for a minimum of 12 | ||||||
24 | months from the date of release as determined by the | ||||||
25 | Board; | ||||||
26 | (7) refrain from entering into a designated geographic |
| |||||||
| |||||||
1 | area except upon terms approved in advance by an agent of | ||||||
2 | the Department of Corrections. The terms may include | ||||||
3 | consideration of the purpose of the entry, the time of | ||||||
4 | day, and others accompanying the person; | ||||||
5 | (8) refrain from having any contact, including written | ||||||
6 | or oral communications, directly or indirectly, personally | ||||||
7 | or by telephone, letter, or through a third party with | ||||||
8 | certain specified persons including, but not limited to, | ||||||
9 | the victim or the victim's family without the prior | ||||||
10 | written approval of an agent of the Department of | ||||||
11 | Corrections; | ||||||
12 | (9) refrain from all contact, directly or indirectly, | ||||||
13 | personally, by telephone, letter, or through a third | ||||||
14 | party, with minor children without prior identification | ||||||
15 | and approval of an agent of the Department of Corrections; | ||||||
16 | (10) neither possess or have under his or her control | ||||||
17 | any material that is sexually oriented, sexually | ||||||
18 | stimulating, or that shows male or female sex organs or | ||||||
19 | any pictures depicting children under 18 years of age nude | ||||||
20 | or any written or audio material describing sexual | ||||||
21 | intercourse or that depicts or alludes to sexual activity, | ||||||
22 | including but not limited to visual, auditory, telephonic, | ||||||
23 | or electronic media, or any matter obtained through access | ||||||
24 | to any computer or material linked to computer access use; | ||||||
25 | (11) not patronize any business providing sexually | ||||||
26 | stimulating or sexually oriented entertainment nor utilize |
| |||||||
| |||||||
1 | "900" or adult telephone numbers; | ||||||
2 | (12) not reside near, visit, or be in or about parks, | ||||||
3 | schools, day care centers, swimming pools, beaches, | ||||||
4 | theaters, or any other places where minor children | ||||||
5 | congregate without advance approval of an agent of the | ||||||
6 | Department of Corrections and immediately report any | ||||||
7 | incidental contact with minor children to the Department; | ||||||
8 | (13) not possess or have under his or her control | ||||||
9 | certain specified items of contraband related to the | ||||||
10 | incidence of sexually offending as determined by an agent | ||||||
11 | of the Department of Corrections; | ||||||
12 | (14) may be required to provide a written daily log of | ||||||
13 | activities if directed by an agent of the Department of | ||||||
14 | Corrections; | ||||||
15 | (15) comply with all other special conditions that the | ||||||
16 | Department may impose that restrict the person from | ||||||
17 | high-risk situations and limit access to potential | ||||||
18 | victims; | ||||||
19 | (16) take an annual polygraph exam; | ||||||
20 | (17) maintain a log of his or her travel; or | ||||||
21 | (18) obtain prior approval of his or her parole | ||||||
22 | officer before driving alone in a motor vehicle. | ||||||
23 | (c) The conditions under which the parole or mandatory | ||||||
24 | supervised release is to be served shall be communicated to | ||||||
25 | the person in writing prior to his or her release, and he or | ||||||
26 | she shall sign the same before release. A signed copy of these |
| |||||||
| |||||||
1 | conditions, including a copy of an order of protection where | ||||||
2 | one had been issued by the criminal court, shall be retained by | ||||||
3 | the person and another copy forwarded to the officer in charge | ||||||
4 | of his or her supervision. | ||||||
5 | (d) After a hearing under Section 3-3-9, the Prisoner | ||||||
6 | Review Board may modify or enlarge the conditions of parole or | ||||||
7 | mandatory supervised release. | ||||||
8 | (e) The Department shall inform all offenders committed to | ||||||
9 | the Department of the optional services available to them upon | ||||||
10 | release and shall assist inmates in availing themselves of | ||||||
11 | such optional services upon their release on a voluntary | ||||||
12 | basis. | ||||||
13 | (f) (Blank). | ||||||
14 | (Source: P.A. 103-271, eff. 1-1-24 .) | ||||||
15 | (730 ILCS 5/5-5-3) | ||||||
16 | Sec. 5-5-3. Disposition. | ||||||
17 | (a) (Blank). | ||||||
18 | (b) (Blank). | ||||||
19 | (c)(1) (Blank). | ||||||
20 | (2) A period of probation, a term of periodic imprisonment | ||||||
21 | or conditional discharge shall not be imposed for the | ||||||
22 | following offenses. The court shall sentence the offender to | ||||||
23 | not less than the minimum term of imprisonment set forth in | ||||||
24 | this Code for the following offenses, and may order a fine or | ||||||
25 | restitution or both in conjunction with such term of |
| |||||||
| |||||||
1 | imprisonment: | ||||||
2 | (A) First degree murder. | ||||||
3 | (B) Attempted first degree murder. | ||||||
4 | (C) A Class X felony. | ||||||
5 | (D) A violation of Section 401.1 or 407 of the | ||||||
6 | Illinois Controlled Substances Act, or a violation of | ||||||
7 | subdivision (c)(1.5) of Section 401 of that Act which | ||||||
8 | relates to more than 5 grams of a substance containing | ||||||
9 | fentanyl or an analog thereof. | ||||||
10 | (D-5) A violation of subdivision (c)(1) of Section 401 | ||||||
11 | of the Illinois Controlled Substances Act which relates to | ||||||
12 | 3 or more grams of a substance containing heroin or an | ||||||
13 | analog thereof. | ||||||
14 | (E) (Blank). | ||||||
15 | (F) A Class 1 or greater felony if the offender had | ||||||
16 | been convicted of a Class 1 or greater felony, including | ||||||
17 | any state or federal conviction for an offense that | ||||||
18 | contained, at the time it was committed, the same elements | ||||||
19 | as an offense now (the date of the offense committed after | ||||||
20 | the prior Class 1 or greater felony) classified as a Class | ||||||
21 | 1 or greater felony, within 10 years of the date on which | ||||||
22 | the offender committed the offense for which he or she is | ||||||
23 | being sentenced, except as otherwise provided in Section | ||||||
24 | 40-10 of the Substance Use Disorder Act. | ||||||
25 | (F-3) A Class 2 or greater felony sex offense or | ||||||
26 | felony firearm offense if the offender had been convicted |
| |||||||
| |||||||
1 | of a Class 2 or greater felony, including any state or | ||||||
2 | federal conviction for an offense that contained, at the | ||||||
3 | time it was committed, the same elements as an offense now | ||||||
4 | (the date of the offense committed after the prior Class 2 | ||||||
5 | or greater felony) classified as a Class 2 or greater | ||||||
6 | felony, within 10 years of the date on which the offender | ||||||
7 | committed the offense for which he or she is being | ||||||
8 | sentenced, except as otherwise provided in Section 40-10 | ||||||
9 | of the Substance Use Disorder Act. | ||||||
10 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
11 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
12 | for which imprisonment is prescribed in those Sections. | ||||||
13 | (G) Residential burglary, except as otherwise provided | ||||||
14 | in Section 40-10 of the Substance Use Disorder Act. | ||||||
15 | (H) Criminal sexual assault. | ||||||
16 | (I) Aggravated battery of a senior citizen as | ||||||
17 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
18 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
19 | Criminal Code of 2012. | ||||||
20 | (J) A forcible felony if the offense was related to | ||||||
21 | the activities of an organized gang. | ||||||
22 | Before July 1, 1994, for the purposes of this | ||||||
23 | paragraph, "organized gang" means an association of 5 or | ||||||
24 | more persons, with an established hierarchy, that | ||||||
25 | encourages members of the association to perpetrate crimes | ||||||
26 | or provides support to the members of the association who |
| |||||||
| |||||||
1 | do commit crimes. | ||||||
2 | Beginning July 1, 1994, for the purposes of this | ||||||
3 | paragraph, "organized gang" has the meaning ascribed to it | ||||||
4 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
5 | Prevention Act. | ||||||
6 | (K) Vehicular hijacking. | ||||||
7 | (L) A second or subsequent conviction for the offense | ||||||
8 | of hate crime when the underlying offense upon which the | ||||||
9 | hate crime is based is felony aggravated assault or felony | ||||||
10 | mob action. | ||||||
11 | (M) A second or subsequent conviction for the offense | ||||||
12 | of institutional vandalism if the damage to the property | ||||||
13 | exceeds $300. | ||||||
14 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
15 | subsection (a) of Section 2 of the Firearm Owners | ||||||
16 | Identification Card Act. | ||||||
17 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
18 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
19 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
20 | or (7) of subsection (a) of Section 11-20.1 of the | ||||||
21 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
22 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
23 | of Section 11-20.1 of the Criminal Code of 1961 or the | ||||||
24 | Criminal Code of 2012 if the victim is a household or | ||||||
25 | family member of the defendant. | ||||||
26 | (Q) A violation of subsection (b) or (b-5) of Section |
| |||||||
| |||||||
1 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
2 | Code of 1961 or the Criminal Code of 2012. | ||||||
3 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012. | ||||||
5 | (S) (Blank). | ||||||
6 | (T) (Blank). | ||||||
7 | (U) A second or subsequent violation of Section 6-303 | ||||||
8 | of the Illinois Vehicle Code committed while his or her | ||||||
9 | driver's license, permit, or privilege was revoked because | ||||||
10 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012, relating to the offense of | ||||||
12 | reckless homicide, or a similar provision of a law of | ||||||
13 | another state. | ||||||
14 | (V) A violation of paragraph (4) of subsection (c) of | ||||||
15 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
16 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
17 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
18 | Code of 2012 when the victim is under 13 years of age and | ||||||
19 | the defendant has previously been convicted under the laws | ||||||
20 | of this State or any other state of the offense of child | ||||||
21 | pornography, aggravated child pornography, aggravated | ||||||
22 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
23 | predatory criminal sexual assault of a child, or any of | ||||||
24 | the offenses formerly known as rape, deviate sexual | ||||||
25 | assault, indecent liberties with a child, or aggravated | ||||||
26 | indecent liberties with a child where the victim was under |
| |||||||
| |||||||
1 | the age of 18 years or an offense that is substantially | ||||||
2 | equivalent to those offenses. | ||||||
3 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
4 | of 1961 or the Criminal Code of 2012. | ||||||
5 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
6 | the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
7 | (Y) A conviction for unlawful possession of a firearm | ||||||
8 | by a street gang member when the firearm was loaded or | ||||||
9 | contained firearm ammunition. | ||||||
10 | (Z) A Class 1 felony committed while he or she was | ||||||
11 | serving a term of probation or conditional discharge for a | ||||||
12 | felony. | ||||||
13 | (AA) Theft of property exceeding $500,000 and not | ||||||
14 | exceeding $1,000,000 in value. | ||||||
15 | (BB) Laundering of criminally derived property of a | ||||||
16 | value exceeding $500,000. | ||||||
17 | (CC) Knowingly selling, offering for sale, holding for | ||||||
18 | sale, or using 2,000 or more counterfeit items or | ||||||
19 | counterfeit items having a retail value in the aggregate | ||||||
20 | of $500,000 or more. | ||||||
21 | (DD) A conviction for aggravated assault under | ||||||
22 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
24 | firearm is aimed toward the person against whom the | ||||||
25 | firearm is being used. | ||||||
26 | (EE) A conviction for a violation of paragraph (2) of |
| |||||||
| |||||||
1 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
2 | 2012. | ||||||
3 | (3) (Blank). | ||||||
4 | (4) A minimum term of imprisonment of not less than 10 | ||||||
5 | consecutive days or 30 days of community service shall be | ||||||
6 | imposed for a violation of paragraph (c) of Section 6-303 of | ||||||
7 | the Illinois Vehicle Code. | ||||||
8 | (4.1) (Blank). | ||||||
9 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
10 | this subsection (c), a minimum of 100 hours of community | ||||||
11 | service shall be imposed for a second violation of Section | ||||||
12 | 6-303 of the Illinois Vehicle Code. | ||||||
13 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
14 | hours of community service, as determined by the court, shall | ||||||
15 | be imposed for a second violation of subsection (c) of Section | ||||||
16 | 6-303 of the Illinois Vehicle Code. | ||||||
17 | (4.4) Except as provided in paragraphs (4.5), (4.6), and | ||||||
18 | (4.9) of this subsection (c), a minimum term of imprisonment | ||||||
19 | of 30 days or 300 hours of community service, as determined by | ||||||
20 | the court, shall be imposed for a third or subsequent | ||||||
21 | violation of Section 6-303 of the Illinois Vehicle Code. The | ||||||
22 | court may give credit toward the fulfillment of community | ||||||
23 | service hours for participation in activities and treatment as | ||||||
24 | determined by court services. | ||||||
25 | (4.5) A minimum term of imprisonment of 30 days shall be | ||||||
26 | imposed for a third violation of subsection (c) of Section |
| |||||||
| |||||||
1 | 6-303 of the Illinois Vehicle Code. | ||||||
2 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
3 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
4 | shall be imposed for a fourth or subsequent violation of | ||||||
5 | subsection (c) of Section 6-303 of the Illinois Vehicle Code. | ||||||
6 | (4.7) A minimum term of imprisonment of not less than 30 | ||||||
7 | consecutive days, or 300 hours of community service, shall be | ||||||
8 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
9 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
10 | of that Section. | ||||||
11 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
12 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
13 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
14 | Section. The person's driving privileges shall be revoked for | ||||||
15 | a period of not less than 5 years from the date of his or her | ||||||
16 | release from prison. | ||||||
17 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
18 | not more than 15 years shall be imposed for a third violation | ||||||
19 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
20 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
21 | person's driving privileges shall be revoked for the remainder | ||||||
22 | of his or her life. | ||||||
23 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
24 | shall be imposed, and the person shall be eligible for an | ||||||
25 | extended term sentence, for a fourth or subsequent violation | ||||||
26 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle |
| |||||||
| |||||||
1 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
2 | person's driving privileges shall be revoked for the remainder | ||||||
3 | of his or her life. | ||||||
4 | (5) The court may sentence a corporation or unincorporated | ||||||
5 | association convicted of any offense to: | ||||||
6 | (A) a period of conditional discharge; | ||||||
7 | (B) a fine; | ||||||
8 | (C) make restitution to the victim under Section 5-5-6 | ||||||
9 | of this Code. | ||||||
10 | (5.1) In addition to any other penalties imposed, and | ||||||
11 | except as provided in paragraph (5.2) or (5.3), a person | ||||||
12 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
13 | Illinois Vehicle Code shall have his or her driver's license, | ||||||
14 | permit, or privileges suspended for at least 90 days but not | ||||||
15 | more than one year, if the violation resulted in damage to the | ||||||
16 | property of another person. | ||||||
17 | (5.2) In addition to any other penalties imposed, and | ||||||
18 | except as provided in paragraph (5.3), a person convicted of | ||||||
19 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
20 | Vehicle Code shall have his or her driver's license, permit, | ||||||
21 | or privileges suspended for at least 180 days but not more than | ||||||
22 | 2 years, if the violation resulted in injury to another | ||||||
23 | person. | ||||||
24 | (5.3) In addition to any other penalties imposed, a person | ||||||
25 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
26 | Illinois Vehicle Code shall have his or her driver's license, |
| |||||||
| |||||||
1 | permit, or privileges suspended for 2 years, if the violation | ||||||
2 | resulted in the death of another person. | ||||||
3 | (5.4) In addition to any other penalties imposed, a person | ||||||
4 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
5 | Code shall have his or her driver's license, permit, or | ||||||
6 | privileges suspended for 3 months and until he or she has paid | ||||||
7 | a reinstatement fee of $100. | ||||||
8 | (5.5) In addition to any other penalties imposed, a person | ||||||
9 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
10 | Code during a period in which his or her driver's license, | ||||||
11 | permit, or privileges were suspended for a previous violation | ||||||
12 | of that Section shall have his or her driver's license, | ||||||
13 | permit, or privileges suspended for an additional 6 months | ||||||
14 | after the expiration of the original 3-month suspension and | ||||||
15 | until he or she has paid a reinstatement fee of $100. | ||||||
16 | (6) (Blank). | ||||||
17 | (7) (Blank). | ||||||
18 | (8) (Blank). | ||||||
19 | (9) A defendant convicted of a second or subsequent | ||||||
20 | offense of ritualized abuse of a child may be sentenced to a | ||||||
21 | term of natural life imprisonment. | ||||||
22 | (10) (Blank). | ||||||
23 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
24 | first offense and $2,000 for a second or subsequent offense | ||||||
25 | upon a person convicted of or placed on supervision for | ||||||
26 | battery when the individual harmed was a sports official or |
| |||||||
| |||||||
1 | coach at any level of competition and the act causing harm to | ||||||
2 | the sports official or coach occurred within an athletic | ||||||
3 | facility or within the immediate vicinity of the athletic | ||||||
4 | facility at which the sports official or coach was an active | ||||||
5 | participant of the athletic contest held at the athletic | ||||||
6 | facility. For the purposes of this paragraph (11), "sports | ||||||
7 | official" means a person at an athletic contest who enforces | ||||||
8 | the rules of the contest, such as an umpire or referee; | ||||||
9 | "athletic facility" means an indoor or outdoor playing field | ||||||
10 | or recreational area where sports activities are conducted; | ||||||
11 | and "coach" means a person recognized as a coach by the | ||||||
12 | sanctioning authority that conducted the sporting event. | ||||||
13 | (12) A person may not receive a disposition of court | ||||||
14 | supervision for a violation of Section 5-16 of the Boat | ||||||
15 | Registration and Safety Act if that person has previously | ||||||
16 | received a disposition of court supervision for a violation of | ||||||
17 | that Section. | ||||||
18 | (13) A person convicted of or placed on court supervision | ||||||
19 | for an assault or aggravated assault when the victim and the | ||||||
20 | offender are family or household members as defined in Section | ||||||
21 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
22 | of domestic battery or aggravated domestic battery may be | ||||||
23 | required to attend a Partner Abuse Intervention Program under | ||||||
24 | protocols set forth by the Illinois Department of Human | ||||||
25 | Services under such terms and conditions imposed by the court. | ||||||
26 | The costs of such classes shall be paid by the offender. |
| |||||||
| |||||||
1 | (d) In any case in which a sentence originally imposed is | ||||||
2 | vacated, the case shall be remanded to the trial court. The | ||||||
3 | trial court shall hold a hearing under Section 5-4-1 of this | ||||||
4 | Code which may include evidence of the defendant's life, moral | ||||||
5 | character and occupation during the time since the original | ||||||
6 | sentence was passed. The trial court shall then impose | ||||||
7 | sentence upon the defendant. The trial court may impose any | ||||||
8 | sentence which could have been imposed at the original trial | ||||||
9 | subject to Section 5-5-4 of this Code. If a sentence is vacated | ||||||
10 | on appeal or on collateral attack due to the failure of the | ||||||
11 | trier of fact at trial to determine beyond a reasonable doubt | ||||||
12 | the existence of a fact (other than a prior conviction) | ||||||
13 | necessary to increase the punishment for the offense beyond | ||||||
14 | the statutory maximum otherwise applicable, either the | ||||||
15 | defendant may be re-sentenced to a term within the range | ||||||
16 | otherwise provided or, if the State files notice of its | ||||||
17 | intention to again seek the extended sentence, the defendant | ||||||
18 | shall be afforded a new trial. | ||||||
19 | (e) In cases where prosecution for aggravated criminal | ||||||
20 | sexual abuse under Section 11-1.60 or 12-16 of the Criminal | ||||||
21 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
22 | of a defendant who was a family member of the victim at the | ||||||
23 | time of the commission of the offense, the court shall | ||||||
24 | consider the safety and welfare of the victim and may impose a | ||||||
25 | sentence of probation only where: | ||||||
26 | (1) the court finds (A) or (B) or both are |
| |||||||
| |||||||
1 | appropriate: | ||||||
2 | (A) the defendant is willing to undergo a court | ||||||
3 | approved counseling program for a minimum duration of | ||||||
4 | 2 years; or | ||||||
5 | (B) the defendant is willing to participate in a | ||||||
6 | court approved plan, including, but not limited to, | ||||||
7 | the defendant's: | ||||||
8 | (i) removal from the household; | ||||||
9 | (ii) restricted contact with the victim; | ||||||
10 | (iii) continued financial support of the | ||||||
11 | family; | ||||||
12 | (iv) restitution for harm done to the victim; | ||||||
13 | and | ||||||
14 | (v) compliance with any other measures that | ||||||
15 | the court may deem appropriate; and | ||||||
16 | (2) the court orders the defendant to pay for the | ||||||
17 | victim's counseling services, to the extent that the court | ||||||
18 | finds, after considering the defendant's income and | ||||||
19 | assets, that the defendant is financially capable of | ||||||
20 | paying for such services, if the victim was under 18 years | ||||||
21 | of age at the time the offense was committed and requires | ||||||
22 | counseling as a result of the offense. | ||||||
23 | Probation may be revoked or modified pursuant to Section | ||||||
24 | 5-6-4; except where the court determines at the hearing that | ||||||
25 | the defendant violated a condition of his or her probation | ||||||
26 | restricting contact with the victim or other family members or |
| |||||||
| |||||||
1 | commits another offense with the victim or other family | ||||||
2 | members, the court shall revoke the defendant's probation and | ||||||
3 | impose a term of imprisonment. | ||||||
4 | For the purposes of this Section, "family member" and | ||||||
5 | "victim" shall have the meanings ascribed to them in Section | ||||||
6 | 11-0.1 of the Criminal Code of 2012. | ||||||
7 | (f) (Blank). | ||||||
8 | (g) Whenever a defendant is convicted of an offense under | ||||||
9 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, | ||||||
10 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
11 | place of commercial sexual exploitation of a child juvenile | ||||||
12 | prostitution , 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, | ||||||
13 | 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
14 | 12-16 of the Criminal Code of 1961 or the Criminal Code of | ||||||
15 | 2012, the defendant shall undergo medical testing to determine | ||||||
16 | whether the defendant has any sexually transmissible disease, | ||||||
17 | including a test for infection with human immunodeficiency | ||||||
18 | virus (HIV) or any other identified causative agent of | ||||||
19 | acquired immunodeficiency syndrome (AIDS). Any such medical | ||||||
20 | test shall be performed only by appropriately licensed medical | ||||||
21 | practitioners and may include an analysis of any bodily fluids | ||||||
22 | as well as an examination of the defendant's person. Except as | ||||||
23 | otherwise provided by law, the results of such test shall be | ||||||
24 | kept strictly confidential by all medical personnel involved | ||||||
25 | in the testing and must be personally delivered in a sealed | ||||||
26 | envelope to the judge of the court in which the conviction was |
| |||||||
| |||||||
1 | entered for the judge's inspection in camera. Acting in | ||||||
2 | accordance with the best interests of the victim and the | ||||||
3 | public, the judge shall have the discretion to determine to | ||||||
4 | whom, if anyone, the results of the testing may be revealed. | ||||||
5 | The court shall notify the defendant of the test results. The | ||||||
6 | court shall also notify the victim if requested by the victim, | ||||||
7 | and if the victim is under the age of 15 and if requested by | ||||||
8 | the victim's parents or legal guardian, the court shall notify | ||||||
9 | the victim's parents or legal guardian of the test results. | ||||||
10 | The court shall provide information on the availability of HIV | ||||||
11 | testing and counseling at Department of Public Health | ||||||
12 | facilities to all parties to whom the results of the testing | ||||||
13 | are revealed and shall direct the State's Attorney to provide | ||||||
14 | the information to the victim when possible. The court shall | ||||||
15 | order that the cost of any such test shall be paid by the | ||||||
16 | county and may be taxed as costs against the convicted | ||||||
17 | defendant. | ||||||
18 | (g-5) When an inmate is tested for an airborne | ||||||
19 | communicable disease, as determined by the Illinois Department | ||||||
20 | of Public Health, including, but not limited to, tuberculosis, | ||||||
21 | the results of the test shall be personally delivered by the | ||||||
22 | warden or his or her designee in a sealed envelope to the judge | ||||||
23 | of the court in which the inmate must appear for the judge's | ||||||
24 | inspection in camera if requested by the judge. Acting in | ||||||
25 | accordance with the best interests of those in the courtroom, | ||||||
26 | the judge shall have the discretion to determine what if any |
| |||||||
| |||||||
1 | precautions need to be taken to prevent transmission of the | ||||||
2 | disease in the courtroom. | ||||||
3 | (h) Whenever a defendant is convicted of an offense under | ||||||
4 | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the | ||||||
5 | defendant shall undergo medical testing to determine whether | ||||||
6 | the defendant has been exposed to human immunodeficiency virus | ||||||
7 | (HIV) or any other identified causative agent of acquired | ||||||
8 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
9 | by law, the results of such test shall be kept strictly | ||||||
10 | confidential by all medical personnel involved in the testing | ||||||
11 | and must be personally delivered in a sealed envelope to the | ||||||
12 | judge of the court in which the conviction was entered for the | ||||||
13 | judge's inspection in camera. Acting in accordance with the | ||||||
14 | best interests of the public, the judge shall have the | ||||||
15 | discretion to determine to whom, if anyone, the results of the | ||||||
16 | testing may be revealed. The court shall notify the defendant | ||||||
17 | of a positive test showing an infection with the human | ||||||
18 | immunodeficiency virus (HIV). The court shall provide | ||||||
19 | information on the availability of HIV testing and counseling | ||||||
20 | at Department of Public Health facilities to all parties to | ||||||
21 | whom the results of the testing are revealed and shall direct | ||||||
22 | the State's Attorney to provide the information to the victim | ||||||
23 | when possible. The court shall order that the cost of any such | ||||||
24 | test shall be paid by the county and may be taxed as costs | ||||||
25 | against the convicted defendant. | ||||||
26 | (i) All fines and penalties imposed under this Section for |
| |||||||
| |||||||
1 | any violation of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
2 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
3 | any violation of the Child Passenger Protection Act, or a | ||||||
4 | similar provision of a local ordinance, shall be collected and | ||||||
5 | disbursed by the circuit clerk as provided under the Criminal | ||||||
6 | and Traffic Assessment Act. | ||||||
7 | (j) In cases when prosecution for any violation of Section | ||||||
8 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, | ||||||
9 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
10 | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
11 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
12 | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal | ||||||
13 | Code of 2012, any violation of the Illinois Controlled | ||||||
14 | Substances Act, any violation of the Cannabis Control Act, or | ||||||
15 | any violation of the Methamphetamine Control and Community | ||||||
16 | Protection Act results in conviction, a disposition of court | ||||||
17 | supervision, or an order of probation granted under Section 10 | ||||||
18 | of the Cannabis Control Act, Section 410 of the Illinois | ||||||
19 | Controlled Substances Act, or Section 70 of the | ||||||
20 | Methamphetamine Control and Community Protection Act of a | ||||||
21 | defendant, the court shall determine whether the defendant is | ||||||
22 | employed by a facility or center as defined under the Child | ||||||
23 | Care Act of 1969, a public or private elementary or secondary | ||||||
24 | school, or otherwise works with children under 18 years of age | ||||||
25 | on a daily basis. When a defendant is so employed, the court | ||||||
26 | shall order the Clerk of the Court to send a copy of the |
| |||||||
| |||||||
1 | judgment of conviction or order of supervision or probation to | ||||||
2 | the defendant's employer by certified mail. If the employer of | ||||||
3 | the defendant is a school, the Clerk of the Court shall direct | ||||||
4 | the mailing of a copy of the judgment of conviction or order of | ||||||
5 | supervision or probation to the appropriate regional | ||||||
6 | superintendent of schools. The regional superintendent of | ||||||
7 | schools shall notify the State Board of Education of any | ||||||
8 | notification under this subsection. | ||||||
9 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
10 | of a felony and who has not been previously convicted of a | ||||||
11 | misdemeanor or felony and who is sentenced to a term of | ||||||
12 | imprisonment in the Illinois Department of Corrections shall | ||||||
13 | as a condition of his or her sentence be required by the court | ||||||
14 | to attend educational courses designed to prepare the | ||||||
15 | defendant for a high school diploma and to work toward a high | ||||||
16 | school diploma or to work toward passing high school | ||||||
17 | equivalency testing or to work toward completing a vocational | ||||||
18 | training program offered by the Department of Corrections. If | ||||||
19 | a defendant fails to complete the educational training | ||||||
20 | required by his or her sentence during the term of | ||||||
21 | incarceration, the Prisoner Review Board shall, as a condition | ||||||
22 | of mandatory supervised release, require the defendant, at his | ||||||
23 | or her own expense, to pursue a course of study toward a high | ||||||
24 | school diploma or passage of high school equivalency testing. | ||||||
25 | The Prisoner Review Board shall revoke the mandatory | ||||||
26 | supervised release of a defendant who wilfully fails to comply |
| |||||||
| |||||||
1 | with this subsection (j-5) upon his or her release from | ||||||
2 | confinement in a penal institution while serving a mandatory | ||||||
3 | supervised release term; however, the inability of the | ||||||
4 | defendant after making a good faith effort to obtain financial | ||||||
5 | aid or pay for the educational training shall not be deemed a | ||||||
6 | wilful failure to comply. The Prisoner Review Board shall | ||||||
7 | recommit the defendant whose mandatory supervised release term | ||||||
8 | has been revoked under this subsection (j-5) as provided in | ||||||
9 | Section 3-3-9. This subsection (j-5) does not apply to a | ||||||
10 | defendant who has a high school diploma or has successfully | ||||||
11 | passed high school equivalency testing. This subsection (j-5) | ||||||
12 | does not apply to a defendant who is determined by the court to | ||||||
13 | be a person with a developmental disability or otherwise | ||||||
14 | mentally incapable of completing the educational or vocational | ||||||
15 | program. | ||||||
16 | (k) (Blank). | ||||||
17 | (l)(A) Except as provided in paragraph (C) of subsection | ||||||
18 | (l), whenever a defendant, who is not a citizen or national of | ||||||
19 | the United States, is convicted of any felony or misdemeanor | ||||||
20 | offense, the court after sentencing the defendant may, upon | ||||||
21 | motion of the State's Attorney, hold sentence in abeyance and | ||||||
22 | remand the defendant to the custody of the Attorney General of | ||||||
23 | the United States or his or her designated agent to be deported | ||||||
24 | when: | ||||||
25 | (1) a final order of deportation has been issued | ||||||
26 | against the defendant pursuant to proceedings under the |
| |||||||
| |||||||
1 | Immigration and Nationality Act, and | ||||||
2 | (2) the deportation of the defendant would not | ||||||
3 | deprecate the seriousness of the defendant's conduct and | ||||||
4 | would not be inconsistent with the ends of justice. | ||||||
5 | Otherwise, the defendant shall be sentenced as provided in | ||||||
6 | this Chapter V. | ||||||
7 | (B) If the defendant has already been sentenced for a | ||||||
8 | felony or misdemeanor offense, or has been placed on probation | ||||||
9 | under Section 10 of the Cannabis Control Act, Section 410 of | ||||||
10 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
11 | Methamphetamine Control and Community Protection Act, the | ||||||
12 | court may, upon motion of the State's Attorney to suspend the | ||||||
13 | sentence imposed, commit the defendant to the custody of the | ||||||
14 | Attorney General of the United States or his or her designated | ||||||
15 | agent when: | ||||||
16 | (1) a final order of deportation has been issued | ||||||
17 | against the defendant pursuant to proceedings under the | ||||||
18 | Immigration and Nationality Act, and | ||||||
19 | (2) the deportation of the defendant would not | ||||||
20 | deprecate the seriousness of the defendant's conduct and | ||||||
21 | would not be inconsistent with the ends of justice. | ||||||
22 | (C) This subsection (l) does not apply to offenders who | ||||||
23 | are subject to the provisions of paragraph (2) of subsection | ||||||
24 | (a) of Section 3-6-3. | ||||||
25 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
26 | sentenced under this Section returns to the jurisdiction of |
| |||||||
| |||||||
1 | the United States, the defendant shall be recommitted to the | ||||||
2 | custody of the county from which he or she was sentenced. | ||||||
3 | Thereafter, the defendant shall be brought before the | ||||||
4 | sentencing court, which may impose any sentence that was | ||||||
5 | available under Section 5-5-3 at the time of initial | ||||||
6 | sentencing. In addition, the defendant shall not be eligible | ||||||
7 | for additional earned sentence credit as provided under | ||||||
8 | Section 3-6-3. | ||||||
9 | (m) A person convicted of criminal defacement of property | ||||||
10 | under Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012, in which the property damage exceeds | ||||||
12 | $300 and the property damaged is a school building, shall be | ||||||
13 | ordered to perform community service that may include cleanup, | ||||||
14 | removal, or painting over the defacement. | ||||||
15 | (n) The court may sentence a person convicted of a | ||||||
16 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
17 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
18 | of 1961 or the Criminal Code of 2012 (i) to an impact | ||||||
19 | incarceration program if the person is otherwise eligible for | ||||||
20 | that program under Section 5-8-1.1, (ii) to community service, | ||||||
21 | or (iii) if the person has a substance use disorder, as defined | ||||||
22 | in the Substance Use Disorder Act, to a treatment program | ||||||
23 | licensed under that Act. | ||||||
24 | (o) Whenever a person is convicted of a sex offense as | ||||||
25 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
26 | defendant's driver's license or permit shall be subject to |
| |||||||
| |||||||
1 | renewal on an annual basis in accordance with the provisions | ||||||
2 | of license renewal established by the Secretary of State. | ||||||
3 | (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; | ||||||
4 | 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. | ||||||
5 | 1-1-24 .) | ||||||
6 | (730 ILCS 5/5-5-3.2) | ||||||
7 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
8 | sentencing. | ||||||
9 | (a) The following factors shall be accorded weight in | ||||||
10 | favor of imposing a term of imprisonment or may be considered | ||||||
11 | by the court as reasons to impose a more severe sentence under | ||||||
12 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
13 | (1) the defendant's conduct caused or threatened | ||||||
14 | serious harm; | ||||||
15 | (2) the defendant received compensation for committing | ||||||
16 | the offense; | ||||||
17 | (3) the defendant has a history of prior delinquency | ||||||
18 | or criminal activity; | ||||||
19 | (4) the defendant, by the duties of his office or by | ||||||
20 | his position, was obliged to prevent the particular | ||||||
21 | offense committed or to bring the offenders committing it | ||||||
22 | to justice; | ||||||
23 | (5) the defendant held public office at the time of | ||||||
24 | the offense, and the offense related to the conduct of | ||||||
25 | that office; |
| |||||||
| |||||||
1 | (6) the defendant utilized his professional reputation | ||||||
2 | or position in the community to commit the offense, or to | ||||||
3 | afford him an easier means of committing it; | ||||||
4 | (7) the sentence is necessary to deter others from | ||||||
5 | committing the same crime; | ||||||
6 | (8) the defendant committed the offense against a | ||||||
7 | person 60 years of age or older or such person's property; | ||||||
8 | (9) the defendant committed the offense against a | ||||||
9 | person who has a physical disability or such person's | ||||||
10 | property; | ||||||
11 | (10) by reason of another individual's actual or | ||||||
12 | perceived race, color, creed, religion, ancestry, gender, | ||||||
13 | sexual orientation, physical or mental disability, or | ||||||
14 | national origin, the defendant committed the offense | ||||||
15 | against (i) the person or property of that individual; | ||||||
16 | (ii) the person or property of a person who has an | ||||||
17 | association with, is married to, or has a friendship with | ||||||
18 | the other individual; or (iii) the person or property of a | ||||||
19 | relative (by blood or marriage) of a person described in | ||||||
20 | clause (i) or (ii). For the purposes of this Section, | ||||||
21 | "sexual orientation" has the meaning ascribed to it in | ||||||
22 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
23 | Rights Act; | ||||||
24 | (11) the offense took place in a place of worship or on | ||||||
25 | the grounds of a place of worship, immediately prior to, | ||||||
26 | during or immediately following worship services. For |
| |||||||
| |||||||
1 | purposes of this subparagraph, "place of worship" shall | ||||||
2 | mean any church, synagogue or other building, structure or | ||||||
3 | place used primarily for religious worship; | ||||||
4 | (12) the defendant was convicted of a felony committed | ||||||
5 | while he was on pretrial release or his own recognizance | ||||||
6 | pending trial for a prior felony and was convicted of such | ||||||
7 | prior felony, or the defendant was convicted of a felony | ||||||
8 | committed while he was serving a period of probation, | ||||||
9 | conditional discharge, or mandatory supervised release | ||||||
10 | under subsection (d) of Section 5-8-1 for a prior felony; | ||||||
11 | (13) the defendant committed or attempted to commit a | ||||||
12 | felony while he was wearing a bulletproof vest. For the | ||||||
13 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
14 | device which is designed for the purpose of protecting the | ||||||
15 | wearer from bullets, shot or other lethal projectiles; | ||||||
16 | (14) the defendant held a position of trust or | ||||||
17 | supervision such as, but not limited to, family member as | ||||||
18 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
19 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
20 | relation to a victim under 18 years of age, and the | ||||||
21 | defendant committed an offense in violation of Section | ||||||
22 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
23 | 11-14.4 except for an offense that involves keeping a | ||||||
24 | place of commercial sexual exploitation of a child | ||||||
25 | juvenile prostitution , 11-15.1, 11-19.1, 11-19.2, 11-20.1, | ||||||
26 | 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 or 12-16 |
| |||||||
| |||||||
1 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
2 | against that victim; | ||||||
3 | (15) the defendant committed an offense related to the | ||||||
4 | activities of an organized gang. For the purposes of this | ||||||
5 | factor, "organized gang" has the meaning ascribed to it in | ||||||
6 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
7 | Act; | ||||||
8 | (16) the defendant committed an offense in violation | ||||||
9 | of one of the following Sections while in a school, | ||||||
10 | regardless of the time of day or time of year; on any | ||||||
11 | conveyance owned, leased, or contracted by a school to | ||||||
12 | transport students to or from school or a school related | ||||||
13 | activity; on the real property of a school; or on a public | ||||||
14 | way within 1,000 feet of the real property comprising any | ||||||
15 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
16 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
17 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
18 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
19 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
20 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
21 | 1961 or the Criminal Code of 2012; | ||||||
22 | (16.5) the defendant committed an offense in violation | ||||||
23 | of one of the following Sections while in a day care | ||||||
24 | center, regardless of the time of day or time of year; on | ||||||
25 | the real property of a day care center, regardless of the | ||||||
26 | time of day or time of year; or on a public way within |
| |||||||
| |||||||
1 | 1,000 feet of the real property comprising any day care | ||||||
2 | center, regardless of the time of day or time of year: | ||||||
3 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
4 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
5 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
6 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
7 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
8 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012; | ||||||
10 | (17) the defendant committed the offense by reason of | ||||||
11 | any person's activity as a community policing volunteer or | ||||||
12 | to prevent any person from engaging in activity as a | ||||||
13 | community policing volunteer. For the purpose of this | ||||||
14 | Section, "community policing volunteer" has the meaning | ||||||
15 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
16 | 2012; | ||||||
17 | (18) the defendant committed the offense in a nursing | ||||||
18 | home or on the real property comprising a nursing home. | ||||||
19 | For the purposes of this paragraph (18), "nursing home" | ||||||
20 | means a skilled nursing or intermediate long term care | ||||||
21 | facility that is subject to license by the Illinois | ||||||
22 | Department of Public Health under the Nursing Home Care | ||||||
23 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
24 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
25 | (19) the defendant was a federally licensed firearm | ||||||
26 | dealer and was previously convicted of a violation of |
| |||||||
| |||||||
1 | subsection (a) of Section 3 of the Firearm Owners | ||||||
2 | Identification Card Act and has now committed either a | ||||||
3 | felony violation of the Firearm Owners Identification Card | ||||||
4 | Act or an act of armed violence while armed with a firearm; | ||||||
5 | (20) the defendant (i) committed the offense of | ||||||
6 | reckless homicide under Section 9-3 of the Criminal Code | ||||||
7 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
8 | driving under the influence of alcohol, other drug or | ||||||
9 | drugs, intoxicating compound or compounds or any | ||||||
10 | combination thereof under Section 11-501 of the Illinois | ||||||
11 | Vehicle Code or a similar provision of a local ordinance | ||||||
12 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
13 | miles per hour over the posted speed limit as provided in | ||||||
14 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
15 | (21) the defendant (i) committed the offense of | ||||||
16 | reckless driving or aggravated reckless driving under | ||||||
17 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
18 | operating a motor vehicle in excess of 20 miles per hour | ||||||
19 | over the posted speed limit as provided in Article VI of | ||||||
20 | Chapter 11 of the Illinois Vehicle Code; | ||||||
21 | (22) the defendant committed the offense against a | ||||||
22 | person that the defendant knew, or reasonably should have | ||||||
23 | known, was a member of the Armed Forces of the United | ||||||
24 | States serving on active duty. For purposes of this clause | ||||||
25 | (22), the term "Armed Forces" means any of the Armed | ||||||
26 | Forces of the United States, including a member of any |
| |||||||
| |||||||
1 | reserve component thereof or National Guard unit called to | ||||||
2 | active duty; | ||||||
3 | (23) the defendant committed the offense against a | ||||||
4 | person who was elderly or infirm or who was a person with a | ||||||
5 | disability by taking advantage of a family or fiduciary | ||||||
6 | relationship with the elderly or infirm person or person | ||||||
7 | with a disability; | ||||||
8 | (24) the defendant committed any offense under Section | ||||||
9 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
10 | of 2012 and possessed 100 or more images; | ||||||
11 | (25) the defendant committed the offense while the | ||||||
12 | defendant or the victim was in a train, bus, or other | ||||||
13 | vehicle used for public transportation; | ||||||
14 | (26) the defendant committed the offense of child | ||||||
15 | pornography or aggravated child pornography, specifically | ||||||
16 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
17 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
18 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
19 | solicited for, depicted in, or posed in any act of sexual | ||||||
20 | penetration or bound, fettered, or subject to sadistic, | ||||||
21 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
22 | and specifically including paragraph (1), (2), (3), (4), | ||||||
23 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
24 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
25 | engaged in, solicited for, depicted in, or posed in any | ||||||
26 | act of sexual penetration or bound, fettered, or subject |
| |||||||
| |||||||
1 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
2 | sexual context; | ||||||
3 | (27) the defendant committed the offense of first | ||||||
4 | degree murder, assault, aggravated assault, battery, | ||||||
5 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
6 | robbery against a person who was a veteran and the | ||||||
7 | defendant knew, or reasonably should have known, that the | ||||||
8 | person was a veteran performing duties as a representative | ||||||
9 | of a veterans' organization. For the purposes of this | ||||||
10 | paragraph (27), "veteran" means an Illinois resident who | ||||||
11 | has served as a member of the United States Armed Forces, a | ||||||
12 | member of the Illinois National Guard, or a member of the | ||||||
13 | United States Reserve Forces; and "veterans' organization" | ||||||
14 | means an organization comprised of members of which | ||||||
15 | substantially all are individuals who are veterans or | ||||||
16 | spouses, widows, or widowers of veterans, the primary | ||||||
17 | purpose of which is to promote the welfare of its members | ||||||
18 | and to provide assistance to the general public in such a | ||||||
19 | way as to confer a public benefit; | ||||||
20 | (28) the defendant committed the offense of assault, | ||||||
21 | aggravated assault, battery, aggravated battery, robbery, | ||||||
22 | armed robbery, or aggravated robbery against a person that | ||||||
23 | the defendant knew or reasonably should have known was a | ||||||
24 | letter carrier or postal worker while that person was | ||||||
25 | performing his or her duties delivering mail for the | ||||||
26 | United States Postal Service; |
| |||||||
| |||||||
1 | (29) the defendant committed the offense of criminal | ||||||
2 | sexual assault, aggravated criminal sexual assault, | ||||||
3 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
4 | against a victim with an intellectual disability, and the | ||||||
5 | defendant holds a position of trust, authority, or | ||||||
6 | supervision in relation to the victim; | ||||||
7 | (30) the defendant committed the offense of promoting | ||||||
8 | commercial sexual exploitation of a child juvenile | ||||||
9 | prostitution , patronizing a person engaged in the sex | ||||||
10 | trade prostitute , or patronizing a sexually exploited | ||||||
11 | child minor engaged in prostitution and at the time of the | ||||||
12 | commission of the offense knew that the person engaged in | ||||||
13 | the sex trade prostitute or sexually exploited child minor | ||||||
14 | engaged in prostitution was in the custody or guardianship | ||||||
15 | of the Department of Children and Family Services; | ||||||
16 | (31) the defendant (i) committed the offense of | ||||||
17 | driving while under the influence of alcohol, other drug | ||||||
18 | or drugs, intoxicating compound or compounds or any | ||||||
19 | combination thereof in violation of Section 11-501 of the | ||||||
20 | Illinois Vehicle Code or a similar provision of a local | ||||||
21 | ordinance and (ii) the defendant during the commission of | ||||||
22 | the offense was driving his or her vehicle upon a roadway | ||||||
23 | designated for one-way traffic in the opposite direction | ||||||
24 | of the direction indicated by official traffic control | ||||||
25 | devices; | ||||||
26 | (32) the defendant committed the offense of reckless |
| |||||||
| |||||||
1 | homicide while committing a violation of Section 11-907 of | ||||||
2 | the Illinois Vehicle Code; | ||||||
3 | (33) the defendant was found guilty of an | ||||||
4 | administrative infraction related to an act or acts of | ||||||
5 | public indecency or sexual misconduct in the penal | ||||||
6 | institution. In this paragraph (33), "penal institution" | ||||||
7 | has the same meaning as in Section 2-14 of the Criminal | ||||||
8 | Code of 2012; or | ||||||
9 | (34) the defendant committed the offense of leaving | ||||||
10 | the scene of a crash in violation of subsection (b) of | ||||||
11 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
12 | resulted in the death of a person and at the time of the | ||||||
13 | offense, the defendant was: (i) driving under the | ||||||
14 | influence of alcohol, other drug or drugs, intoxicating | ||||||
15 | compound or compounds or any combination thereof as | ||||||
16 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
17 | (ii) operating the motor vehicle while using an electronic | ||||||
18 | communication device as defined in Section 12-610.2 of the | ||||||
19 | Illinois Vehicle Code. | ||||||
20 | For the purposes of this Section: | ||||||
21 | "School" is defined as a public or private elementary or | ||||||
22 | secondary school, community college, college, or university. | ||||||
23 | "Day care center" means a public or private State | ||||||
24 | certified and licensed day care center as defined in Section | ||||||
25 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
26 | plain view stating that the property is a day care center. |
| |||||||
| |||||||
1 | "Intellectual disability" means significantly subaverage | ||||||
2 | intellectual functioning which exists concurrently with | ||||||
3 | impairment in adaptive behavior. | ||||||
4 | "Public transportation" means the transportation or | ||||||
5 | conveyance of persons by means available to the general | ||||||
6 | public, and includes paratransit services. | ||||||
7 | "Traffic control devices" means all signs, signals, | ||||||
8 | markings, and devices that conform to the Illinois Manual on | ||||||
9 | Uniform Traffic Control Devices, placed or erected by | ||||||
10 | authority of a public body or official having jurisdiction, | ||||||
11 | for the purpose of regulating, warning, or guiding traffic. | ||||||
12 | (b) The following factors, related to all felonies, may be | ||||||
13 | considered by the court as reasons to impose an extended term | ||||||
14 | sentence under Section 5-8-2 upon any offender: | ||||||
15 | (1) When a defendant is convicted of any felony, after | ||||||
16 | having been previously convicted in Illinois or any other | ||||||
17 | jurisdiction of the same or similar class felony or | ||||||
18 | greater class felony, when such conviction has occurred | ||||||
19 | within 10 years after the previous conviction, excluding | ||||||
20 | time spent in custody, and such charges are separately | ||||||
21 | brought and tried and arise out of different series of | ||||||
22 | acts; or | ||||||
23 | (2) When a defendant is convicted of any felony and | ||||||
24 | the court finds that the offense was accompanied by | ||||||
25 | exceptionally brutal or heinous behavior indicative of | ||||||
26 | wanton cruelty; or |
| |||||||
| |||||||
1 | (3) When a defendant is convicted of any felony | ||||||
2 | committed against: | ||||||
3 | (i) a person under 12 years of age at the time of | ||||||
4 | the offense or such person's property; | ||||||
5 | (ii) a person 60 years of age or older at the time | ||||||
6 | of the offense or such person's property; or | ||||||
7 | (iii) a person who had a physical disability at | ||||||
8 | the time of the offense or such person's property; or | ||||||
9 | (4) When a defendant is convicted of any felony and | ||||||
10 | the offense involved any of the following types of | ||||||
11 | specific misconduct committed as part of a ceremony, rite, | ||||||
12 | initiation, observance, performance, practice or activity | ||||||
13 | of any actual or ostensible religious, fraternal, or | ||||||
14 | social group: | ||||||
15 | (i) the brutalizing or torturing of humans or | ||||||
16 | animals; | ||||||
17 | (ii) the theft of human corpses; | ||||||
18 | (iii) the kidnapping of humans; | ||||||
19 | (iv) the desecration of any cemetery, religious, | ||||||
20 | fraternal, business, governmental, educational, or | ||||||
21 | other building or property; or | ||||||
22 | (v) ritualized abuse of a child; or | ||||||
23 | (5) When a defendant is convicted of a felony other | ||||||
24 | than conspiracy and the court finds that the felony was | ||||||
25 | committed under an agreement with 2 or more other persons | ||||||
26 | to commit that offense and the defendant, with respect to |
| |||||||
| |||||||
1 | the other individuals, occupied a position of organizer, | ||||||
2 | supervisor, financier, or any other position of management | ||||||
3 | or leadership, and the court further finds that the felony | ||||||
4 | committed was related to or in furtherance of the criminal | ||||||
5 | activities of an organized gang or was motivated by the | ||||||
6 | defendant's leadership in an organized gang; or | ||||||
7 | (6) When a defendant is convicted of an offense | ||||||
8 | committed while using a firearm with a laser sight | ||||||
9 | attached to it. For purposes of this paragraph, "laser | ||||||
10 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
11 | the Criminal Code of 2012; or | ||||||
12 | (7) When a defendant who was at least 17 years of age | ||||||
13 | at the time of the commission of the offense is convicted | ||||||
14 | of a felony and has been previously adjudicated a | ||||||
15 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
16 | an act that if committed by an adult would be a Class X or | ||||||
17 | Class 1 felony when the conviction has occurred within 10 | ||||||
18 | years after the previous adjudication, excluding time | ||||||
19 | spent in custody; or | ||||||
20 | (8) When a defendant commits any felony and the | ||||||
21 | defendant used, possessed, exercised control over, or | ||||||
22 | otherwise directed an animal to assault a law enforcement | ||||||
23 | officer engaged in the execution of his or her official | ||||||
24 | duties or in furtherance of the criminal activities of an | ||||||
25 | organized gang in which the defendant is engaged; or | ||||||
26 | (9) When a defendant commits any felony and the |
| |||||||
| |||||||
1 | defendant knowingly video or audio records the offense | ||||||
2 | with the intent to disseminate the recording. | ||||||
3 | (c) The following factors may be considered by the court | ||||||
4 | as reasons to impose an extended term sentence under Section | ||||||
5 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
6 | offenses: | ||||||
7 | (1) When a defendant is convicted of first degree | ||||||
8 | murder, after having been previously convicted in Illinois | ||||||
9 | of any offense listed under paragraph (c)(2) of Section | ||||||
10 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
11 | occurred within 10 years after the previous conviction, | ||||||
12 | excluding time spent in custody, and the charges are | ||||||
13 | separately brought and tried and arise out of different | ||||||
14 | series of acts. | ||||||
15 | (1.5) When a defendant is convicted of first degree | ||||||
16 | murder, after having been previously convicted of domestic | ||||||
17 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
18 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
19 | having been previously convicted of violation of an order | ||||||
20 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
21 | was the protected person. | ||||||
22 | (2) When a defendant is convicted of voluntary | ||||||
23 | manslaughter, second degree murder, involuntary | ||||||
24 | manslaughter, or reckless homicide in which the defendant | ||||||
25 | has been convicted of causing the death of more than one | ||||||
26 | individual. |
| |||||||
| |||||||
1 | (3) When a defendant is convicted of aggravated | ||||||
2 | criminal sexual assault or criminal sexual assault, when | ||||||
3 | there is a finding that aggravated criminal sexual assault | ||||||
4 | or criminal sexual assault was also committed on the same | ||||||
5 | victim by one or more other individuals, and the defendant | ||||||
6 | voluntarily participated in the crime with the knowledge | ||||||
7 | of the participation of the others in the crime, and the | ||||||
8 | commission of the crime was part of a single course of | ||||||
9 | conduct during which there was no substantial change in | ||||||
10 | the nature of the criminal objective. | ||||||
11 | (4) If the victim was under 18 years of age at the time | ||||||
12 | of the commission of the offense, when a defendant is | ||||||
13 | convicted of aggravated criminal sexual assault or | ||||||
14 | predatory criminal sexual assault of a child under | ||||||
15 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
16 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
18 | (5) When a defendant is convicted of a felony | ||||||
19 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
21 | finding that the defendant is a member of an organized | ||||||
22 | gang. | ||||||
23 | (6) When a defendant was convicted of unlawful use of | ||||||
24 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
26 | a weapon that is not readily distinguishable as one of the |
| |||||||
| |||||||
1 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
2 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
3 | (7) When a defendant is convicted of an offense | ||||||
4 | involving the illegal manufacture of a controlled | ||||||
5 | substance under Section 401 of the Illinois Controlled | ||||||
6 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
7 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
8 | Control and Community Protection Act (720 ILCS 646/25), or | ||||||
9 | the illegal possession of explosives and an emergency | ||||||
10 | response officer in the performance of his or her duties | ||||||
11 | is killed or injured at the scene of the offense while | ||||||
12 | responding to the emergency caused by the commission of | ||||||
13 | the offense. In this paragraph, "emergency" means a | ||||||
14 | situation in which a person's life, health, or safety is | ||||||
15 | in jeopardy; and "emergency response officer" means a | ||||||
16 | peace officer, community policing volunteer, fireman, | ||||||
17 | emergency medical technician-ambulance, emergency medical | ||||||
18 | technician-intermediate, emergency medical | ||||||
19 | technician-paramedic, ambulance driver, other medical | ||||||
20 | assistance or first aid personnel, or hospital emergency | ||||||
21 | room personnel. | ||||||
22 | (8) When the defendant is convicted of attempted mob | ||||||
23 | action, solicitation to commit mob action, or conspiracy | ||||||
24 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
25 | Criminal Code of 2012, where the criminal object is a | ||||||
26 | violation of Section 25-1 of the Criminal Code of 2012, |
| |||||||
| |||||||
1 | and an electronic communication is used in the commission | ||||||
2 | of the offense. For the purposes of this paragraph (8), | ||||||
3 | "electronic communication" shall have the meaning provided | ||||||
4 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
5 | (d) For the purposes of this Section, "organized gang" has | ||||||
6 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
7 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
8 | (e) The court may impose an extended term sentence under | ||||||
9 | Article 4.5 of Chapter V upon an offender who has been | ||||||
10 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
11 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
12 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
13 | when the victim of the offense is under 18 years of age at the | ||||||
14 | time of the commission of the offense and, during the | ||||||
15 | commission of the offense, the victim was under the influence | ||||||
16 | of alcohol, regardless of whether or not the alcohol was | ||||||
17 | supplied by the offender; and the offender, at the time of the | ||||||
18 | commission of the offense, knew or should have known that the | ||||||
19 | victim had consumed alcohol. | ||||||
20 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
21 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
22 | 8-20-21; 102-982, eff. 7-1-23 .) | ||||||
23 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
24 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
25 | discharge. |
| |||||||
| |||||||
1 | (a) The conditions of probation and of conditional | ||||||
2 | discharge shall be that the person: | ||||||
3 | (1) not violate any criminal statute of any | ||||||
4 | jurisdiction; | ||||||
5 | (2) report to or appear in person before such person | ||||||
6 | or agency as directed by the court. To comply with the | ||||||
7 | provisions of this paragraph (2), in lieu of requiring the | ||||||
8 | person on probation or conditional discharge to appear in | ||||||
9 | person for the required reporting or meetings, the officer | ||||||
10 | may utilize technology, including cellular and other | ||||||
11 | electronic communication devices or platforms, that allow | ||||||
12 | for communication between the supervised person and the | ||||||
13 | officer in accordance with standards and guidelines | ||||||
14 | established by the Administrative Office of the Illinois | ||||||
15 | Courts; | ||||||
16 | (3) refrain from possessing a firearm or other | ||||||
17 | dangerous weapon where the offense is a felony or, if a | ||||||
18 | misdemeanor, the offense involved the intentional or | ||||||
19 | knowing infliction of bodily harm or threat of bodily | ||||||
20 | harm; | ||||||
21 | (4) not leave the State without the consent of the | ||||||
22 | court or, in circumstances in which the reason for the | ||||||
23 | absence is of such an emergency nature that prior consent | ||||||
24 | by the court is not possible, without the prior | ||||||
25 | notification and approval of the person's probation | ||||||
26 | officer. Transfer of a person's probation or conditional |
| |||||||
| |||||||
1 | discharge supervision to another state is subject to | ||||||
2 | acceptance by the other state pursuant to the Interstate | ||||||
3 | Compact for Adult Offender Supervision; | ||||||
4 | (5) permit the probation officer to visit him at his | ||||||
5 | home or elsewhere to the extent necessary to discharge his | ||||||
6 | duties; | ||||||
7 | (6) perform no less than 30 hours of community service | ||||||
8 | and not more than 120 hours of community service, if | ||||||
9 | community service is available in the jurisdiction and is | ||||||
10 | funded and approved by the county board where the offense | ||||||
11 | was committed, where the offense was related to or in | ||||||
12 | furtherance of the criminal activities of an organized | ||||||
13 | gang and was motivated by the offender's membership in or | ||||||
14 | allegiance to an organized gang. The community service | ||||||
15 | shall include, but not be limited to, the cleanup and | ||||||
16 | repair of any damage caused by a violation of Section | ||||||
17 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
18 | 2012 and similar damage to property located within the | ||||||
19 | municipality or county in which the violation occurred. | ||||||
20 | When possible and reasonable, the community service should | ||||||
21 | be performed in the offender's neighborhood. For purposes | ||||||
22 | of this Section, "organized gang" has the meaning ascribed | ||||||
23 | to it in Section 10 of the Illinois Streetgang Terrorism | ||||||
24 | Omnibus Prevention Act. The court may give credit toward | ||||||
25 | the fulfillment of community service hours for | ||||||
26 | participation in activities and treatment as determined by |
| |||||||
| |||||||
1 | court services. Community service shall not interfere with | ||||||
2 | the school hours, school-related activities, or work | ||||||
3 | commitments of the minor or the minor's parent, guardian, | ||||||
4 | or legal custodian; | ||||||
5 | (7) if he or she is at least 17 years of age and has | ||||||
6 | been sentenced to probation or conditional discharge for a | ||||||
7 | misdemeanor or felony in a county of 3,000,000 or more | ||||||
8 | inhabitants and has not been previously convicted of a | ||||||
9 | misdemeanor or felony, may be required by the sentencing | ||||||
10 | court to attend educational courses designed to prepare | ||||||
11 | the defendant for a high school diploma and to work toward | ||||||
12 | a high school diploma or to work toward passing high | ||||||
13 | school equivalency testing or to work toward completing a | ||||||
14 | vocational training program approved by the court. The | ||||||
15 | person on probation or conditional discharge must attend a | ||||||
16 | public institution of education to obtain the educational | ||||||
17 | or vocational training required by this paragraph (7). The | ||||||
18 | court shall revoke the probation or conditional discharge | ||||||
19 | of a person who willfully fails to comply with this | ||||||
20 | paragraph (7). The person on probation or conditional | ||||||
21 | discharge shall be required to pay for the cost of the | ||||||
22 | educational courses or high school equivalency testing if | ||||||
23 | a fee is charged for those courses or testing. The court | ||||||
24 | shall resentence the offender whose probation or | ||||||
25 | conditional discharge has been revoked as provided in | ||||||
26 | Section 5-6-4. This paragraph (7) does not apply to a |
| |||||||
| |||||||
1 | person who has a high school diploma or has successfully | ||||||
2 | passed high school equivalency testing. This paragraph (7) | ||||||
3 | does not apply to a person who is determined by the court | ||||||
4 | to be a person with a developmental disability or | ||||||
5 | otherwise mentally incapable of completing the educational | ||||||
6 | or vocational program; | ||||||
7 | (8) if convicted of possession of a substance | ||||||
8 | prohibited by the Cannabis Control Act, the Illinois | ||||||
9 | Controlled Substances Act, or the Methamphetamine Control | ||||||
10 | and Community Protection Act after a previous conviction | ||||||
11 | or disposition of supervision for possession of a | ||||||
12 | substance prohibited by the Cannabis Control Act or | ||||||
13 | Illinois Controlled Substances Act or after a sentence of | ||||||
14 | probation under Section 10 of the Cannabis Control Act, | ||||||
15 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
16 | Section 70 of the Methamphetamine Control and Community | ||||||
17 | Protection Act and upon a finding by the court that the | ||||||
18 | person is addicted, undergo treatment at a substance abuse | ||||||
19 | program approved by the court; | ||||||
20 | (8.5) if convicted of a felony sex offense as defined | ||||||
21 | in the Sex Offender Management Board Act, the person shall | ||||||
22 | undergo and successfully complete sex offender treatment | ||||||
23 | by a treatment provider approved by the Board and | ||||||
24 | conducted in conformance with the standards developed | ||||||
25 | under the Sex Offender Management Board Act; | ||||||
26 | (8.6) if convicted of a sex offense as defined in the |
| |||||||
| |||||||
1 | Sex Offender Management Board Act, refrain from residing | ||||||
2 | at the same address or in the same condominium unit or | ||||||
3 | apartment unit or in the same condominium complex or | ||||||
4 | apartment complex with another person he or she knows or | ||||||
5 | reasonably should know is a convicted sex offender or has | ||||||
6 | been placed on supervision for a sex offense; the | ||||||
7 | provisions of this paragraph do not apply to a person | ||||||
8 | convicted of a sex offense who is placed in a Department of | ||||||
9 | Corrections licensed transitional housing facility for sex | ||||||
10 | offenders; | ||||||
11 | (8.7) if convicted for an offense committed on or | ||||||
12 | after June 1, 2008 (the effective date of Public Act | ||||||
13 | 95-464) that would qualify the accused as a child sex | ||||||
14 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
16 | refrain from communicating with or contacting, by means of | ||||||
17 | the Internet, a person who is not related to the accused | ||||||
18 | and whom the accused reasonably believes to be under 18 | ||||||
19 | years of age; for purposes of this paragraph (8.7), | ||||||
20 | "Internet" has the meaning ascribed to it in Section | ||||||
21 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
22 | related to the accused if the person is not: (i) the | ||||||
23 | spouse, brother, or sister of the accused; (ii) a | ||||||
24 | descendant of the accused; (iii) a first or second cousin | ||||||
25 | of the accused; or (iv) a step-child or adopted child of | ||||||
26 | the accused; |
| |||||||
| |||||||
1 | (8.8) if convicted for an offense under Section 11-6, | ||||||
2 | 11-9.1, 11-14.4 that involves soliciting for a sexually | ||||||
3 | exploited child juvenile prostitute , 11-15.1, 11-20.1, | ||||||
4 | 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012, or any attempt to commit any | ||||||
6 | of these offenses, committed on or after June 1, 2009 (the | ||||||
7 | effective date of Public Act 95-983): | ||||||
8 | (i) not access or use a computer or any other | ||||||
9 | device with Internet capability without the prior | ||||||
10 | written approval of the offender's probation officer, | ||||||
11 | except in connection with the offender's employment or | ||||||
12 | search for employment with the prior approval of the | ||||||
13 | offender's probation officer; | ||||||
14 | (ii) submit to periodic unannounced examinations | ||||||
15 | of the offender's computer or any other device with | ||||||
16 | Internet capability by the offender's probation | ||||||
17 | officer, a law enforcement officer, or assigned | ||||||
18 | computer or information technology specialist, | ||||||
19 | including the retrieval and copying of all data from | ||||||
20 | the computer or device and any internal or external | ||||||
21 | peripherals and removal of such information, | ||||||
22 | equipment, or device to conduct a more thorough | ||||||
23 | inspection; | ||||||
24 | (iii) submit to the installation on the offender's | ||||||
25 | computer or device with Internet capability, at the | ||||||
26 | offender's expense, of one or more hardware or |
| |||||||
| |||||||
1 | software systems to monitor the Internet use; and | ||||||
2 | (iv) submit to any other appropriate restrictions | ||||||
3 | concerning the offender's use of or access to a | ||||||
4 | computer or any other device with Internet capability | ||||||
5 | imposed by the offender's probation officer; | ||||||
6 | (8.9) if convicted of a sex offense as defined in the | ||||||
7 | Sex Offender Registration Act committed on or after | ||||||
8 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
9 | refrain from accessing or using a social networking | ||||||
10 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
11 | of 2012; | ||||||
12 | (9) if convicted of a felony or of any misdemeanor | ||||||
13 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
14 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
15 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
16 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
17 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
18 | at a time and place designated by the court, his or her | ||||||
19 | Firearm Owner's Identification Card and any and all | ||||||
20 | firearms in his or her possession. The Court shall return | ||||||
21 | to the Illinois State Police Firearm Owner's | ||||||
22 | Identification Card Office the person's Firearm Owner's | ||||||
23 | Identification Card; | ||||||
24 | (10) if convicted of a sex offense as defined in | ||||||
25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
26 | offender is a parent or guardian of the person under 18 |
| |||||||
| |||||||
1 | years of age present in the home and no non-familial | ||||||
2 | minors are present, not participate in a holiday event | ||||||
3 | involving children under 18 years of age, such as | ||||||
4 | distributing candy or other items to children on | ||||||
5 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
6 | Christmas, being employed as a department store Santa | ||||||
7 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
8 | Easter; | ||||||
9 | (11) if convicted of a sex offense as defined in | ||||||
10 | Section 2 of the Sex Offender Registration Act committed | ||||||
11 | on or after January 1, 2010 (the effective date of Public | ||||||
12 | Act 96-362) that requires the person to register as a sex | ||||||
13 | offender under that Act, may not knowingly use any | ||||||
14 | computer scrub software on any computer that the sex | ||||||
15 | offender uses; | ||||||
16 | (12) if convicted of a violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act, the | ||||||
18 | Methamphetamine Precursor Control Act, or a | ||||||
19 | methamphetamine related offense: | ||||||
20 | (A) prohibited from purchasing, possessing, or | ||||||
21 | having under his or her control any product containing | ||||||
22 | pseudoephedrine unless prescribed by a physician; and | ||||||
23 | (B) prohibited from purchasing, possessing, or | ||||||
24 | having under his or her control any product containing | ||||||
25 | ammonium nitrate; and | ||||||
26 | (13) if convicted of a hate crime involving the |
| |||||||
| |||||||
1 | protected class identified in subsection (a) of Section | ||||||
2 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
3 | offense the offender committed, perform public or | ||||||
4 | community service of no less than 200 hours and enroll in | ||||||
5 | an educational program discouraging hate crimes that | ||||||
6 | includes racial, ethnic, and cultural sensitivity training | ||||||
7 | ordered by the court. | ||||||
8 | (b) The Court may in addition to other reasonable | ||||||
9 | conditions relating to the nature of the offense or the | ||||||
10 | rehabilitation of the defendant as determined for each | ||||||
11 | defendant in the proper discretion of the Court require that | ||||||
12 | the person: | ||||||
13 | (1) serve a term of periodic imprisonment under | ||||||
14 | Article 7 for a period not to exceed that specified in | ||||||
15 | paragraph (d) of Section 5-7-1; | ||||||
16 | (2) pay a fine and costs; | ||||||
17 | (3) work or pursue a course of study or vocational | ||||||
18 | training; | ||||||
19 | (4) undergo medical, psychological or psychiatric | ||||||
20 | treatment; or treatment for drug addiction or alcoholism; | ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction or residence of defendants on probation; | ||||||
23 | (6) support his dependents; | ||||||
24 | (7) and in addition, if a minor: | ||||||
25 | (i) reside with his parents or in a foster home; | ||||||
26 | (ii) attend school; |
| |||||||
| |||||||
1 | (iii) attend a non-residential program for youth; | ||||||
2 | (iv) provide nonfinancial contributions to his own | ||||||
3 | support at home or in a foster home; | ||||||
4 | (v) with the consent of the superintendent of the | ||||||
5 | facility, attend an educational program at a facility | ||||||
6 | other than the school in which the offense was | ||||||
7 | committed if he or she is convicted of a crime of | ||||||
8 | violence as defined in Section 2 of the Crime Victims | ||||||
9 | Compensation Act committed in a school, on the real | ||||||
10 | property comprising a school, or within 1,000 feet of | ||||||
11 | the real property comprising a school; | ||||||
12 | (8) make restitution as provided in Section 5-5-6 of | ||||||
13 | this Code; | ||||||
14 | (9) perform some reasonable public or community | ||||||
15 | service; | ||||||
16 | (10) serve a term of home confinement. In addition to | ||||||
17 | any other applicable condition of probation or conditional | ||||||
18 | discharge, the conditions of home confinement shall be | ||||||
19 | that the offender: | ||||||
20 | (i) remain within the interior premises of the | ||||||
21 | place designated for his confinement during the hours | ||||||
22 | designated by the court; | ||||||
23 | (ii) admit any person or agent designated by the | ||||||
24 | court into the offender's place of confinement at any | ||||||
25 | time for purposes of verifying the offender's | ||||||
26 | compliance with the conditions of his confinement; and |
| |||||||
| |||||||
1 | (iii) if further deemed necessary by the court or | ||||||
2 | the probation or court services department Probation | ||||||
3 | or Court Services Department , be placed on an approved | ||||||
4 | electronic monitoring device, subject to Article 8A of | ||||||
5 | Chapter V; | ||||||
6 | (iv) for persons convicted of any alcohol, | ||||||
7 | cannabis or controlled substance violation who are | ||||||
8 | placed on an approved monitoring device as a condition | ||||||
9 | of probation or conditional discharge, the court shall | ||||||
10 | impose a reasonable fee for each day of the use of the | ||||||
11 | device, as established by the county board in | ||||||
12 | subsection (g) of this Section, unless after | ||||||
13 | determining the inability of the offender to pay the | ||||||
14 | fee, the court assesses a lesser fee or no fee as the | ||||||
15 | case may be. This fee shall be imposed in addition to | ||||||
16 | the fees imposed under subsections (g) and (i) of this | ||||||
17 | Section. The fee shall be collected by the clerk of the | ||||||
18 | circuit court, except as provided in an administrative | ||||||
19 | order of the Chief Judge of the circuit court. The | ||||||
20 | clerk of the circuit court shall pay all monies | ||||||
21 | collected from this fee to the county treasurer for | ||||||
22 | deposit in the substance abuse services fund under | ||||||
23 | Section 5-1086.1 of the Counties Code, except as | ||||||
24 | provided in an administrative order of the Chief Judge | ||||||
25 | of the circuit court. | ||||||
26 | The Chief Judge of the circuit court of the county |
| |||||||
| |||||||
1 | may by administrative order establish a program for | ||||||
2 | electronic monitoring of offenders, in which a vendor | ||||||
3 | supplies and monitors the operation of the electronic | ||||||
4 | monitoring device, and collects the fees on behalf of | ||||||
5 | the county. The program shall include provisions for | ||||||
6 | indigent offenders and the collection of unpaid fees. | ||||||
7 | The program shall not unduly burden the offender and | ||||||
8 | shall be subject to review by the Chief Judge. | ||||||
9 | The Chief Judge of the circuit court may suspend | ||||||
10 | any additional charges or fees for late payment, | ||||||
11 | interest, or damage to any device; and | ||||||
12 | (v) for persons convicted of offenses other than | ||||||
13 | those referenced in clause (iv) above and who are | ||||||
14 | placed on an approved monitoring device as a condition | ||||||
15 | of probation or conditional discharge, the court shall | ||||||
16 | impose a reasonable fee for each day of the use of the | ||||||
17 | device, as established by the county board in | ||||||
18 | subsection (g) of this Section, unless after | ||||||
19 | determining the inability of the defendant to pay the | ||||||
20 | fee, the court assesses a lesser fee or no fee as the | ||||||
21 | case may be. This fee shall be imposed in addition to | ||||||
22 | the fees imposed under subsections (g) and (i) of this | ||||||
23 | Section. The fee shall be collected by the clerk of the | ||||||
24 | circuit court, except as provided in an administrative | ||||||
25 | order of the Chief Judge of the circuit court. The | ||||||
26 | clerk of the circuit court shall pay all monies |
| |||||||
| |||||||
1 | collected from this fee to the county treasurer who | ||||||
2 | shall use the monies collected to defray the costs of | ||||||
3 | corrections. The county treasurer shall deposit the | ||||||
4 | fee collected in the probation and court services | ||||||
5 | fund. The Chief Judge of the circuit court of the | ||||||
6 | county may by administrative order establish a program | ||||||
7 | for electronic monitoring of offenders, in which a | ||||||
8 | vendor supplies and monitors the operation of the | ||||||
9 | electronic monitoring device, and collects the fees on | ||||||
10 | behalf of the county. The program shall include | ||||||
11 | provisions for indigent offenders and the collection | ||||||
12 | of unpaid fees. The program shall not unduly burden | ||||||
13 | the offender and shall be subject to review by the | ||||||
14 | Chief Judge. | ||||||
15 | The Chief Judge of the circuit court may suspend | ||||||
16 | any additional charges or fees for late payment, | ||||||
17 | interest, or damage to any device. | ||||||
18 | (11) comply with the terms and conditions of an order | ||||||
19 | of protection issued by the court pursuant to the Illinois | ||||||
20 | Domestic Violence Act of 1986, as now or hereafter | ||||||
21 | amended, or an order of protection issued by the court of | ||||||
22 | another state, tribe, or United States territory. A copy | ||||||
23 | of the order of protection shall be transmitted to the | ||||||
24 | probation officer or agency having responsibility for the | ||||||
25 | case; | ||||||
26 | (12) reimburse any "local anti-crime program" as |
| |||||||
| |||||||
1 | defined in Section 7 of the Anti-Crime Advisory Council | ||||||
2 | Act for any reasonable expenses incurred by the program on | ||||||
3 | the offender's case, not to exceed the maximum amount of | ||||||
4 | the fine authorized for the offense for which the | ||||||
5 | defendant was sentenced; | ||||||
6 | (13) contribute a reasonable sum of money, not to | ||||||
7 | exceed the maximum amount of the fine authorized for the | ||||||
8 | offense for which the defendant was sentenced, (i) to a | ||||||
9 | "local anti-crime program", as defined in Section 7 of the | ||||||
10 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
11 | under the jurisdiction of the Department of Natural | ||||||
12 | Resources, to the fund established by the Department of | ||||||
13 | Natural Resources for the purchase of evidence for | ||||||
14 | investigation purposes and to conduct investigations as | ||||||
15 | outlined in Section 805-105 of the Department of Natural | ||||||
16 | Resources (Conservation) Law; | ||||||
17 | (14) refrain from entering into a designated | ||||||
18 | geographic area except upon such terms as the court finds | ||||||
19 | appropriate. Such terms may include consideration of the | ||||||
20 | purpose of the entry, the time of day, other persons | ||||||
21 | accompanying the defendant, and advance approval by a | ||||||
22 | probation officer, if the defendant has been placed on | ||||||
23 | probation or advance approval by the court, if the | ||||||
24 | defendant was placed on conditional discharge; | ||||||
25 | (15) refrain from having any contact, directly or | ||||||
26 | indirectly, with certain specified persons or particular |
| |||||||
| |||||||
1 | types of persons, including , but not limited to , members | ||||||
2 | of street gangs and drug users or dealers; | ||||||
3 | (16) refrain from having in his or her body the | ||||||
4 | presence of any illicit drug prohibited by the Illinois | ||||||
5 | Controlled Substances Act or the Methamphetamine Control | ||||||
6 | and Community Protection Act, unless prescribed by a | ||||||
7 | physician, and submit samples of his or her blood or urine | ||||||
8 | or both for tests to determine the presence of any illicit | ||||||
9 | drug; | ||||||
10 | (17) if convicted for an offense committed on or after | ||||||
11 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
12 | that would qualify the accused as a child sex offender as | ||||||
13 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
14 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
15 | communicating with or contacting, by means of the | ||||||
16 | Internet, a person who is related to the accused and whom | ||||||
17 | the accused reasonably believes to be under 18 years of | ||||||
18 | age; for purposes of this paragraph (17), "Internet" has | ||||||
19 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
20 | Criminal Code of 2012; and a person is related to the | ||||||
21 | accused if the person is: (i) the spouse, brother, or | ||||||
22 | sister of the accused; (ii) a descendant of the accused; | ||||||
23 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
24 | step-child or adopted child of the accused; | ||||||
25 | (18) if convicted for an offense committed on or after | ||||||
26 | June 1, 2009 (the effective date of Public Act 95-983) |
| |||||||
| |||||||
1 | that would qualify as a sex offense as defined in the Sex | ||||||
2 | Offender Registration Act: | ||||||
3 | (i) not access or use a computer or any other | ||||||
4 | device with Internet capability without the prior | ||||||
5 | written approval of the offender's probation officer, | ||||||
6 | except in connection with the offender's employment or | ||||||
7 | search for employment with the prior approval of the | ||||||
8 | offender's probation officer; | ||||||
9 | (ii) submit to periodic unannounced examinations | ||||||
10 | of the offender's computer or any other device with | ||||||
11 | Internet capability by the offender's probation | ||||||
12 | officer, a law enforcement officer, or assigned | ||||||
13 | computer or information technology specialist, | ||||||
14 | including the retrieval and copying of all data from | ||||||
15 | the computer or device and any internal or external | ||||||
16 | peripherals and removal of such information, | ||||||
17 | equipment, or device to conduct a more thorough | ||||||
18 | inspection; | ||||||
19 | (iii) submit to the installation on the offender's | ||||||
20 | computer or device with Internet capability, at the | ||||||
21 | subject's expense, of one or more hardware or software | ||||||
22 | systems to monitor the Internet use; and | ||||||
23 | (iv) submit to any other appropriate restrictions | ||||||
24 | concerning the offender's use of or access to a | ||||||
25 | computer or any other device with Internet capability | ||||||
26 | imposed by the offender's probation officer; and |
| |||||||
| |||||||
1 | (19) refrain from possessing a firearm or other | ||||||
2 | dangerous weapon where the offense is a misdemeanor that | ||||||
3 | did not involve the intentional or knowing infliction of | ||||||
4 | bodily harm or threat of bodily harm. | ||||||
5 | (c) The court may as a condition of probation or of | ||||||
6 | conditional discharge require that a person under 18 years of | ||||||
7 | age found guilty of any alcohol, cannabis or controlled | ||||||
8 | substance violation, refrain from acquiring a driver's license | ||||||
9 | during the period of probation or conditional discharge. If | ||||||
10 | such person is in possession of a permit or license, the court | ||||||
11 | may require that the minor refrain from driving or operating | ||||||
12 | any motor vehicle during the period of probation or | ||||||
13 | conditional discharge, except as may be necessary in the | ||||||
14 | course of the minor's lawful employment. | ||||||
15 | (d) An offender sentenced to probation or to conditional | ||||||
16 | discharge shall be given a certificate setting forth the | ||||||
17 | conditions thereof. | ||||||
18 | (e) Except where the offender has committed a fourth or | ||||||
19 | subsequent violation of subsection (c) of Section 6-303 of the | ||||||
20 | Illinois Vehicle Code, the court shall not require as a | ||||||
21 | condition of the sentence of probation or conditional | ||||||
22 | discharge that the offender be committed to a period of | ||||||
23 | imprisonment in excess of 6 months. This 6-month limit shall | ||||||
24 | not include periods of confinement given pursuant to a | ||||||
25 | sentence of county impact incarceration under Section 5-8-1.2. | ||||||
26 | Persons committed to imprisonment as a condition of |
| |||||||
| |||||||
1 | probation or conditional discharge shall not be committed to | ||||||
2 | the Department of Corrections. | ||||||
3 | (f) The court may combine a sentence of periodic | ||||||
4 | imprisonment under Article 7 or a sentence to a county impact | ||||||
5 | incarceration program under Article 8 with a sentence of | ||||||
6 | probation or conditional discharge. | ||||||
7 | (g) An offender sentenced to probation or to conditional | ||||||
8 | discharge and who during the term of either undergoes | ||||||
9 | mandatory drug or alcohol testing, or both, or is assigned to | ||||||
10 | be placed on an approved electronic monitoring device, shall | ||||||
11 | be ordered to pay all costs incidental to such mandatory drug | ||||||
12 | or alcohol testing, or both, and all costs incidental to such | ||||||
13 | approved electronic monitoring in accordance with the | ||||||
14 | defendant's ability to pay those costs. The county board with | ||||||
15 | the concurrence of the Chief Judge of the judicial circuit in | ||||||
16 | which the county is located shall establish reasonable fees | ||||||
17 | for the cost of maintenance, testing, and incidental expenses | ||||||
18 | related to the mandatory drug or alcohol testing, or both, and | ||||||
19 | all costs incidental to approved electronic monitoring, | ||||||
20 | involved in a successful probation program for the county. The | ||||||
21 | concurrence of the Chief Judge shall be in the form of an | ||||||
22 | administrative order. The fees shall be collected by the clerk | ||||||
23 | of the circuit court, except as provided in an administrative | ||||||
24 | order of the Chief Judge of the circuit court. The clerk of the | ||||||
25 | circuit court shall pay all moneys collected from these fees | ||||||
26 | to the county treasurer who shall use the moneys collected to |
| |||||||
| |||||||
1 | defray the costs of drug testing, alcohol testing, and | ||||||
2 | electronic monitoring. The county treasurer shall deposit the | ||||||
3 | fees collected in the county working cash fund under Section | ||||||
4 | 6-27001 or Section 6-29002 of the Counties Code, as the case | ||||||
5 | may be. The Chief Judge of the circuit court of the county may | ||||||
6 | by administrative order establish a program for electronic | ||||||
7 | monitoring of offenders, in which a vendor supplies and | ||||||
8 | monitors the operation of the electronic monitoring device, | ||||||
9 | and collects the fees on behalf of the county. The program | ||||||
10 | shall include provisions for indigent offenders and the | ||||||
11 | collection of unpaid fees. The program shall not unduly burden | ||||||
12 | the offender and shall be subject to review by the Chief Judge. | ||||||
13 | A person shall not be assessed costs or fees for mandatory | ||||||
14 | testing for drugs, alcohol, or both, if the person is an | ||||||
15 | indigent person as defined in paragraph (2) of subsection (a) | ||||||
16 | of Section 5-105 of the Code of Civil Procedure. | ||||||
17 | The Chief Judge of the circuit court may suspend any | ||||||
18 | additional charges or fees for late payment, interest, or | ||||||
19 | damage to any device. | ||||||
20 | (h) Jurisdiction over an offender may be transferred from | ||||||
21 | the sentencing court to the court of another circuit with the | ||||||
22 | concurrence of both courts. Further transfers or retransfers | ||||||
23 | of jurisdiction are also authorized in the same manner. The | ||||||
24 | court to which jurisdiction has been transferred shall have | ||||||
25 | the same powers as the sentencing court. The probation | ||||||
26 | department within the circuit to which jurisdiction has been |
| |||||||
| |||||||
1 | transferred, or which has agreed to provide supervision, may | ||||||
2 | impose probation fees upon receiving the transferred offender, | ||||||
3 | as provided in subsection (i). For all transfer cases, as | ||||||
4 | defined in Section 9b of the Probation and Probation Officers | ||||||
5 | Act, the probation department from the original sentencing | ||||||
6 | court shall retain all probation fees collected prior to the | ||||||
7 | transfer. After the transfer, all probation fees shall be paid | ||||||
8 | to the probation department within the circuit to which | ||||||
9 | jurisdiction has been transferred. | ||||||
10 | (i) The court shall impose upon an offender sentenced to | ||||||
11 | probation after January 1, 1989 or to conditional discharge | ||||||
12 | after January 1, 1992 or to community service under the | ||||||
13 | supervision of a probation or court services department after | ||||||
14 | January 1, 2004, as a condition of such probation or | ||||||
15 | conditional discharge or supervised community service, a fee | ||||||
16 | of $50 for each month of probation or conditional discharge | ||||||
17 | supervision or supervised community service ordered by the | ||||||
18 | court, unless after determining the inability of the person | ||||||
19 | sentenced to probation or conditional discharge or supervised | ||||||
20 | community service to pay the fee, the court assesses a lesser | ||||||
21 | fee. The court may not impose the fee on a minor who is placed | ||||||
22 | in the guardianship or custody of the Department of Children | ||||||
23 | and Family Services under the Juvenile Court Act of 1987 while | ||||||
24 | the minor is in placement. The fee shall be imposed only upon | ||||||
25 | an offender who is actively supervised by the probation and | ||||||
26 | court services department. The fee shall be collected by the |
| |||||||
| |||||||
1 | clerk of the circuit court. The clerk of the circuit court | ||||||
2 | shall pay all monies collected from this fee to the county | ||||||
3 | treasurer for deposit in the probation and court services fund | ||||||
4 | under Section 15.1 of the Probation and Probation Officers | ||||||
5 | Act. | ||||||
6 | A circuit court may not impose a probation fee under this | ||||||
7 | subsection (i) in excess of $25 per month unless the circuit | ||||||
8 | court has adopted, by administrative order issued by the Chief | ||||||
9 | Judge chief judge , a standard probation fee guide determining | ||||||
10 | an offender's ability to pay. Of the amount collected as a | ||||||
11 | probation fee, up to $5 of that fee collected per month may be | ||||||
12 | used to provide services to crime victims and their families. | ||||||
13 | The Court may only waive probation fees based on an | ||||||
14 | offender's ability to pay. The probation department may | ||||||
15 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
16 | with the approval of the Director of Court Services or the | ||||||
17 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
18 | offender may elect to pay probation fees due in a lump sum. Any | ||||||
19 | offender that has been assigned to the supervision of a | ||||||
20 | probation department, or has been transferred either under | ||||||
21 | subsection (h) of this Section or under any interstate | ||||||
22 | compact, shall be required to pay probation fees to the | ||||||
23 | department supervising the offender, based on the offender's | ||||||
24 | ability to pay. | ||||||
25 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
26 | under this subsection that was imposed by Public Act 93-616. |
| |||||||
| |||||||
1 | This deletion is intended to control over any other Act of the | ||||||
2 | 93rd General Assembly that retains or incorporates that fee | ||||||
3 | increase. | ||||||
4 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
5 | of this Section, in the case of an offender convicted of a | ||||||
6 | felony sex offense (as defined in the Sex Offender Management | ||||||
7 | Board Act) or an offense that the court or probation | ||||||
8 | department has determined to be sexually motivated (as defined | ||||||
9 | in the Sex Offender Management Board Act), the court or the | ||||||
10 | probation department shall assess additional fees to pay for | ||||||
11 | all costs of treatment, assessment, evaluation for risk and | ||||||
12 | treatment, and monitoring the offender, based on that | ||||||
13 | offender's ability to pay those costs either as they occur or | ||||||
14 | under a payment plan. | ||||||
15 | (j) All fines and costs imposed under this Section for any | ||||||
16 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
17 | Code, or a similar provision of a local ordinance, and any | ||||||
18 | violation of the Child Passenger Protection Act, or a similar | ||||||
19 | provision of a local ordinance, shall be collected and | ||||||
20 | disbursed by the circuit clerk as provided under the Criminal | ||||||
21 | and Traffic Assessment Act. | ||||||
22 | (k) Any offender who is sentenced to probation or | ||||||
23 | conditional discharge for a felony sex offense as defined in | ||||||
24 | the Sex Offender Management Board Act or any offense that the | ||||||
25 | court or probation department has determined to be sexually | ||||||
26 | motivated as defined in the Sex Offender Management Board Act |
| |||||||
| |||||||
1 | shall be required to refrain from any contact, directly or | ||||||
2 | indirectly, with any persons specified by the court and shall | ||||||
3 | be available for all evaluations and treatment programs | ||||||
4 | required by the court or the probation department. | ||||||
5 | (l) The court may order an offender who is sentenced to | ||||||
6 | probation or conditional discharge for a violation of an order | ||||||
7 | of protection be placed under electronic surveillance as | ||||||
8 | provided in Section 5-8A-7 of this Code. | ||||||
9 | (m) Except for restitution, and assessments issued for | ||||||
10 | adjudications under Section 5-125 of the Juvenile Court Act of | ||||||
11 | 1987, fines and assessments, such as fees or administrative | ||||||
12 | costs, authorized under this Section shall not be ordered or | ||||||
13 | imposed on a minor subject to Article III, IV, or V of the | ||||||
14 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
15 | transferred to adult court or excluded from juvenile court | ||||||
16 | jurisdiction under Article V of the Juvenile Court Act of | ||||||
17 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
18 | (n) (m) A person on probation, conditional discharge, or | ||||||
19 | supervision shall not be ordered to refrain from having | ||||||
20 | cannabis or alcohol in his or her body unless: | ||||||
21 | (1) the person is under 21 years old; | ||||||
22 | (2) the person was sentenced to probation, conditional | ||||||
23 | discharge, or supervision for an offense which had as an | ||||||
24 | element of the offense the presence of an intoxicating | ||||||
25 | compound in the person's body; | ||||||
26 | (3) the person is participating in a problem-solving |
| |||||||
| |||||||
1 | court certified by the Illinois Supreme Court; | ||||||
2 | (4) the person has undergone a validated clinical | ||||||
3 | assessment and the clinical treatment plan includes | ||||||
4 | alcohol or cannabis testing; or | ||||||
5 | (5) a court ordered evaluation recommends that the | ||||||
6 | person refrain from using alcohol or cannabis, provided | ||||||
7 | the evaluation is a validated clinical assessment and the | ||||||
8 | recommendation originates from a clinical treatment plan. | ||||||
9 | If the court has made findings that alcohol use was a | ||||||
10 | contributing factor in the commission of the underlying | ||||||
11 | offense, the court may order a person on probation, | ||||||
12 | conditional discharge, or supervision to refrain from having | ||||||
13 | alcohol in his or her body during the time between sentencing | ||||||
14 | and the completion of a validated clinical assessment, | ||||||
15 | provided that such order shall not exceed 30 days and shall be | ||||||
16 | terminated if the clinical treatment plan does not recommend | ||||||
17 | abstinence or testing, or both. | ||||||
18 | In this subsection (n) (m) , "validated clinical | ||||||
19 | assessment" and "clinical treatment plan" have the meanings | ||||||
20 | ascribed to them in Section 10 of the Drug Court Treatment Act. | ||||||
21 | In any instance in which the court orders testing for | ||||||
22 | cannabis or alcohol, the court shall state the reasonable | ||||||
23 | relation the condition has to the person's crime for which the | ||||||
24 | person was placed on probation, conditional discharge, or | ||||||
25 | supervision. | ||||||
26 | (o) (n) A person on probation, conditional discharge, or |
| |||||||
| |||||||
1 | supervision shall not be ordered to refrain from use or | ||||||
2 | consumption of any substance lawfully prescribed by a medical | ||||||
3 | provider or authorized by the Compassionate Use of Medical | ||||||
4 | Cannabis Program Act, except where use is prohibited in | ||||||
5 | paragraph (3) or (4) of subsection (n) (m) . | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
7 | 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. | ||||||
8 | 1-1-24; revised 12-15-23.) | ||||||
9 | (730 ILCS 5/5-6-3.1) (from Ch. 38, par. 1005-6-3.1) | ||||||
10 | Sec. 5-6-3.1. Incidents and conditions of supervision. | ||||||
11 | (a) When a defendant is placed on supervision, the court | ||||||
12 | shall enter an order for supervision specifying the period of | ||||||
13 | such supervision, and shall defer further proceedings in the | ||||||
14 | case until the conclusion of the period. | ||||||
15 | (b) The period of supervision shall be reasonable under | ||||||
16 | all of the circumstances of the case, but may not be longer | ||||||
17 | than 2 years, unless the defendant has failed to pay the | ||||||
18 | assessment required by Section 10.3 of the Cannabis Control | ||||||
19 | Act, Section 411.2 of the Illinois Controlled Substances Act, | ||||||
20 | or Section 80 of the Methamphetamine Control and Community | ||||||
21 | Protection Act, in which case the court may extend supervision | ||||||
22 | beyond 2 years. Additionally, the court shall order the | ||||||
23 | defendant to perform no less than 30 hours of community | ||||||
24 | service and not more than 120 hours of community service, if | ||||||
25 | community service is available in the jurisdiction and is |
| |||||||
| |||||||
1 | funded and approved by the county board where the offense was | ||||||
2 | committed, when the offense (1) was related to or in | ||||||
3 | furtherance of the criminal activities of an organized gang or | ||||||
4 | was motivated by the defendant's membership in or allegiance | ||||||
5 | to an organized gang; or (2) is a violation of any Section of | ||||||
6 | Article 24 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 where a disposition of supervision is not prohibited by | ||||||
8 | Section 5-6-1 of this Code. The community service shall | ||||||
9 | include, but not be limited to, the cleanup and repair of any | ||||||
10 | damage caused by violation of Section 21-1.3 of the Criminal | ||||||
11 | Code of 1961 or the Criminal Code of 2012 and similar damages | ||||||
12 | to property located within the municipality or county in which | ||||||
13 | the violation occurred. Where possible and reasonable, the | ||||||
14 | community service should be performed in the offender's | ||||||
15 | neighborhood. | ||||||
16 | For the purposes of this Section, "organized gang" has the | ||||||
17 | meaning ascribed to it in Section 10 of the Illinois | ||||||
18 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
19 | (c) The court may in addition to other reasonable | ||||||
20 | conditions relating to the nature of the offense or the | ||||||
21 | rehabilitation of the defendant as determined for each | ||||||
22 | defendant in the proper discretion of the court require that | ||||||
23 | the person: | ||||||
24 | (1) make a report to and appear in person before or | ||||||
25 | participate with the court or such courts, person, or | ||||||
26 | social service agency as directed by the court in the |
| |||||||
| |||||||
1 | order of supervision; | ||||||
2 | (2) pay a fine and costs; | ||||||
3 | (3) work or pursue a course of study or vocational | ||||||
4 | training; | ||||||
5 | (4) undergo medical, psychological or psychiatric | ||||||
6 | treatment; or treatment for drug addiction or alcoholism; | ||||||
7 | (5) attend or reside in a facility established for the | ||||||
8 | instruction or residence of defendants on probation; | ||||||
9 | (6) support his dependents; | ||||||
10 | (7) refrain from possessing a firearm or other | ||||||
11 | dangerous weapon; | ||||||
12 | (8) and in addition, if a minor: | ||||||
13 | (i) reside with his parents or in a foster home; | ||||||
14 | (ii) attend school; | ||||||
15 | (iii) attend a non-residential program for youth; | ||||||
16 | (iv) provide nonfinancial contributions to his own | ||||||
17 | support at home or in a foster home; or | ||||||
18 | (v) with the consent of the superintendent of the | ||||||
19 | facility, attend an educational program at a facility | ||||||
20 | other than the school in which the offense was | ||||||
21 | committed if he or she is placed on supervision for a | ||||||
22 | crime of violence as defined in Section 2 of the Crime | ||||||
23 | Victims Compensation Act committed in a school, on the | ||||||
24 | real property comprising a school, or within 1,000 | ||||||
25 | feet of the real property comprising a school; | ||||||
26 | (9) make restitution or reparation in an amount not to |
| |||||||
| |||||||
1 | exceed actual loss or damage to property and pecuniary | ||||||
2 | loss or make restitution under Section 5-5-6 to a domestic | ||||||
3 | violence shelter. The court shall determine the amount and | ||||||
4 | conditions of payment; | ||||||
5 | (10) perform some reasonable public or community | ||||||
6 | service; | ||||||
7 | (11) comply with the terms and conditions of an order | ||||||
8 | of protection issued by the court pursuant to the Illinois | ||||||
9 | Domestic Violence Act of 1986 or an order of protection | ||||||
10 | issued by the court of another state, tribe, or United | ||||||
11 | States territory. If the court has ordered the defendant | ||||||
12 | to make a report and appear in person under paragraph (1) | ||||||
13 | of this subsection, a copy of the order of protection | ||||||
14 | shall be transmitted to the person or agency so designated | ||||||
15 | by the court; | ||||||
16 | (12) reimburse any "local anti-crime program" as | ||||||
17 | defined in Section 7 of the Anti-Crime Advisory Council | ||||||
18 | Act for any reasonable expenses incurred by the program on | ||||||
19 | the offender's case, not to exceed the maximum amount of | ||||||
20 | the fine authorized for the offense for which the | ||||||
21 | defendant was sentenced; | ||||||
22 | (13) contribute a reasonable sum of money, not to | ||||||
23 | exceed the maximum amount of the fine authorized for the | ||||||
24 | offense for which the defendant was sentenced, (i) to a | ||||||
25 | "local anti-crime program", as defined in Section 7 of the | ||||||
26 | Anti-Crime Advisory Council Act, or (ii) for offenses |
| |||||||
| |||||||
1 | under the jurisdiction of the Department of Natural | ||||||
2 | Resources, to the fund established by the Department of | ||||||
3 | Natural Resources for the purchase of evidence for | ||||||
4 | investigation purposes and to conduct investigations as | ||||||
5 | outlined in Section 805-105 of the Department of Natural | ||||||
6 | Resources (Conservation) Law; | ||||||
7 | (14) refrain from entering into a designated | ||||||
8 | geographic area except upon such terms as the court finds | ||||||
9 | appropriate. Such terms may include consideration of the | ||||||
10 | purpose of the entry, the time of day, other persons | ||||||
11 | accompanying the defendant, and advance approval by a | ||||||
12 | probation officer; | ||||||
13 | (15) refrain from having any contact, directly or | ||||||
14 | indirectly, with certain specified persons or particular | ||||||
15 | types of person, including but not limited to members of | ||||||
16 | street gangs and drug users or dealers; | ||||||
17 | (16) refrain from having in his or her body the | ||||||
18 | presence of any illicit drug prohibited by the Cannabis | ||||||
19 | Control Act, the Illinois Controlled Substances Act, or | ||||||
20 | the Methamphetamine Control and Community Protection Act, | ||||||
21 | unless prescribed by a physician, and submit samples of | ||||||
22 | his or her blood or urine or both for tests to determine | ||||||
23 | the presence of any illicit drug; | ||||||
24 | (17) refrain from operating any motor vehicle not | ||||||
25 | equipped with an ignition interlock device as defined in | ||||||
26 | Section 1-129.1 of the Illinois Vehicle Code; under this |
| |||||||
| |||||||
1 | condition the court may allow a defendant who is not | ||||||
2 | self-employed to operate a vehicle owned by the | ||||||
3 | defendant's employer that is not equipped with an ignition | ||||||
4 | interlock device in the course and scope of the | ||||||
5 | defendant's employment; and | ||||||
6 | (18) if placed on supervision for a sex offense as | ||||||
7 | defined in subsection (a-5) of Section 3-1-2 of this Code, | ||||||
8 | unless the offender is a parent or guardian of the person | ||||||
9 | under 18 years of age present in the home and no | ||||||
10 | non-familial minors are present, not participate in a | ||||||
11 | holiday event involving children under 18 years of age, | ||||||
12 | such as distributing candy or other items to children on | ||||||
13 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
14 | Christmas, being employed as a department store Santa | ||||||
15 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
16 | Easter. | ||||||
17 | (c-5) If payment of restitution as ordered has not been | ||||||
18 | made, the victim shall file a petition notifying the | ||||||
19 | sentencing court, any other person to whom restitution is | ||||||
20 | owed, and the State's Attorney of the status of the ordered | ||||||
21 | restitution payments unpaid at least 90 days before the | ||||||
22 | supervision expiration date. If payment as ordered has not | ||||||
23 | been made, the court shall hold a review hearing prior to the | ||||||
24 | expiration date, unless the hearing is voluntarily waived by | ||||||
25 | the defendant with the knowledge that waiver may result in an | ||||||
26 | extension of the supervision period or in a revocation of |
| |||||||
| |||||||
1 | supervision. If the court does not extend supervision, it | ||||||
2 | shall issue a judgment for the unpaid restitution and direct | ||||||
3 | the clerk of the circuit court to file and enter the judgment | ||||||
4 | in the judgment and lien docket, without fee, unless it finds | ||||||
5 | that the victim has recovered a judgment against the defendant | ||||||
6 | for the amount covered by the restitution order. If the court | ||||||
7 | issues a judgment for the unpaid restitution, the court shall | ||||||
8 | send to the defendant at his or her last known address written | ||||||
9 | notification that a civil judgment has been issued for the | ||||||
10 | unpaid restitution. | ||||||
11 | (d) The court shall defer entering any judgment on the | ||||||
12 | charges until the conclusion of the supervision. | ||||||
13 | (e) At the conclusion of the period of supervision, if the | ||||||
14 | court determines that the defendant has successfully complied | ||||||
15 | with all of the conditions of supervision, the court shall | ||||||
16 | discharge the defendant and enter a judgment dismissing the | ||||||
17 | charges. | ||||||
18 | (f) Discharge and dismissal upon a successful conclusion | ||||||
19 | of a disposition of supervision shall be deemed without | ||||||
20 | adjudication of guilt and shall not be termed a conviction for | ||||||
21 | purposes of disqualification or disabilities imposed by law | ||||||
22 | upon conviction of a crime. Two years after the discharge and | ||||||
23 | dismissal under this Section, unless the disposition of | ||||||
24 | supervision was for a violation of Sections 3-707, 3-708, | ||||||
25 | 3-710, 5-401.3, or 11-503 of the Illinois Vehicle Code or a | ||||||
26 | similar provision of a local ordinance, or for a violation of |
| |||||||
| |||||||
1 | Sections 12-3.2, 16-25, or 16A-3 of the Criminal Code of 1961 | ||||||
2 | or the Criminal Code of 2012, in which case it shall be 5 years | ||||||
3 | after discharge and dismissal, a person may have his record of | ||||||
4 | arrest sealed or expunged as may be provided by law. However, | ||||||
5 | any defendant placed on supervision before January 1, 1980, | ||||||
6 | may move for sealing or expungement of his arrest record, as | ||||||
7 | provided by law, at any time after discharge and dismissal | ||||||
8 | under this Section. A person placed on supervision for a | ||||||
9 | sexual offense committed against a minor as defined in clause | ||||||
10 | (a)(1)(L) of Section 5.2 of the Criminal Identification Act or | ||||||
11 | for a violation of Section 11-501 of the Illinois Vehicle Code | ||||||
12 | or a similar provision of a local ordinance shall not have his | ||||||
13 | or her record of arrest sealed or expunged. | ||||||
14 | (g) A defendant placed on supervision and who during the | ||||||
15 | period of supervision undergoes mandatory drug or alcohol | ||||||
16 | testing, or both, or is assigned to be placed on an approved | ||||||
17 | electronic monitoring device, shall be ordered to pay the | ||||||
18 | costs incidental to such mandatory drug or alcohol testing, or | ||||||
19 | both, and costs incidental to such approved electronic | ||||||
20 | monitoring in accordance with the defendant's ability to pay | ||||||
21 | those costs. The county board with the concurrence of the | ||||||
22 | Chief Judge of the judicial circuit in which the county is | ||||||
23 | located shall establish reasonable fees for the cost of | ||||||
24 | maintenance, testing, and incidental expenses related to the | ||||||
25 | mandatory drug or alcohol testing, or both, and all costs | ||||||
26 | incidental to approved electronic monitoring, of all |
| |||||||
| |||||||
1 | defendants placed on supervision. The concurrence of the Chief | ||||||
2 | Judge shall be in the form of an administrative order. The fees | ||||||
3 | shall be collected by the clerk of the circuit court, except as | ||||||
4 | provided in an administrative order of the Chief Judge of the | ||||||
5 | circuit court. The clerk of the circuit court shall pay all | ||||||
6 | moneys collected from these fees to the county treasurer who | ||||||
7 | shall use the moneys collected to defray the costs of drug | ||||||
8 | testing, alcohol testing, and electronic monitoring. The | ||||||
9 | county treasurer shall deposit the fees collected in the | ||||||
10 | county working cash fund under Section 6-27001 or Section | ||||||
11 | 6-29002 of the Counties Code, as the case may be. | ||||||
12 | The Chief Judge of the circuit court of the county may by | ||||||
13 | administrative order establish a program for electronic | ||||||
14 | monitoring of offenders, in which a vendor supplies and | ||||||
15 | monitors the operation of the electronic monitoring device, | ||||||
16 | and collects the fees on behalf of the county. The program | ||||||
17 | shall include provisions for indigent offenders and the | ||||||
18 | collection of unpaid fees. The program shall not unduly burden | ||||||
19 | the offender and shall be subject to review by the Chief Judge. | ||||||
20 | The Chief Judge of the circuit court may suspend any | ||||||
21 | additional charges or fees for late payment, interest, or | ||||||
22 | damage to any device. | ||||||
23 | (h) A disposition of supervision is a final order for the | ||||||
24 | purposes of appeal. | ||||||
25 | (i) The court shall impose upon a defendant placed on | ||||||
26 | supervision after January 1, 1992 or to community service |
| |||||||
| |||||||
1 | under the supervision of a probation or court services | ||||||
2 | department after January 1, 2004, as a condition of | ||||||
3 | supervision or supervised community service, a fee of $50 for | ||||||
4 | each month of supervision or supervised community service | ||||||
5 | ordered by the court, unless after determining the inability | ||||||
6 | of the person placed on supervision or supervised community | ||||||
7 | service to pay the fee, the court assesses a lesser fee. The | ||||||
8 | court may not impose the fee on a minor who is placed in the | ||||||
9 | guardianship or custody of the Department of Children and | ||||||
10 | Family Services under the Juvenile Court Act of 1987 while the | ||||||
11 | minor is in placement. The fee shall be imposed only upon a | ||||||
12 | defendant who is actively supervised by the probation and | ||||||
13 | court services department. The fee shall be collected by the | ||||||
14 | clerk of the circuit court. The clerk of the circuit court | ||||||
15 | shall pay all monies collected from this fee to the county | ||||||
16 | treasurer for deposit in the probation and court services fund | ||||||
17 | pursuant to Section 15.1 of the Probation and Probation | ||||||
18 | Officers Act. | ||||||
19 | A circuit court may not impose a probation fee in excess of | ||||||
20 | $25 per month unless the circuit court has adopted, by | ||||||
21 | administrative order issued by the chief judge, a standard | ||||||
22 | probation fee guide determining an offender's ability to pay. | ||||||
23 | Of the amount collected as a probation fee, not to exceed $5 of | ||||||
24 | that fee collected per month may be used to provide services to | ||||||
25 | crime victims and their families. | ||||||
26 | The Court may only waive probation fees based on an |
| |||||||
| |||||||
1 | offender's ability to pay. The probation department may | ||||||
2 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
3 | with the approval of the Director of Court Services or the | ||||||
4 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
5 | offender may elect to pay probation fees due in a lump sum. Any | ||||||
6 | offender that has been assigned to the supervision of a | ||||||
7 | probation department, or has been transferred either under | ||||||
8 | subsection (h) of this Section or under any interstate | ||||||
9 | compact, shall be required to pay probation fees to the | ||||||
10 | department supervising the offender, based on the offender's | ||||||
11 | ability to pay. | ||||||
12 | (j) All fines and costs imposed under this Section for any | ||||||
13 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
14 | Code, or a similar provision of a local ordinance, and any | ||||||
15 | violation of the Child Passenger Protection Act, or a similar | ||||||
16 | provision of a local ordinance, shall be collected and | ||||||
17 | disbursed by the circuit clerk as provided under the Criminal | ||||||
18 | and Traffic Assessment Act. | ||||||
19 | (k) A defendant at least 17 years of age who is placed on | ||||||
20 | supervision for a misdemeanor in a county of 3,000,000 or more | ||||||
21 | inhabitants and who has not been previously convicted of a | ||||||
22 | misdemeanor or felony may as a condition of his or her | ||||||
23 | supervision be required by the court to attend educational | ||||||
24 | courses designed to prepare the defendant for a high school | ||||||
25 | diploma and to work toward a high school diploma or to work | ||||||
26 | toward passing high school equivalency testing or to work |
| |||||||
| |||||||
1 | toward completing a vocational training program approved by | ||||||
2 | the court. The defendant placed on supervision must attend a | ||||||
3 | public institution of education to obtain the educational or | ||||||
4 | vocational training required by this subsection (k). The | ||||||
5 | defendant placed on supervision shall be required to pay for | ||||||
6 | the cost of the educational courses or high school equivalency | ||||||
7 | testing if a fee is charged for those courses or testing. The | ||||||
8 | court shall revoke the supervision of a person who wilfully | ||||||
9 | fails to comply with this subsection (k). The court shall | ||||||
10 | resentence the defendant upon revocation of supervision as | ||||||
11 | provided in Section 5-6-4. This subsection (k) does not apply | ||||||
12 | to a defendant who has a high school diploma or has | ||||||
13 | successfully passed high school equivalency testing. This | ||||||
14 | subsection (k) does not apply to a defendant who is determined | ||||||
15 | by the court to be a person with a developmental disability or | ||||||
16 | otherwise mentally incapable of completing the educational or | ||||||
17 | vocational program. | ||||||
18 | (l) The court shall require a defendant placed on | ||||||
19 | supervision for possession of a substance prohibited by the | ||||||
20 | Cannabis Control Act, the Illinois Controlled Substances Act, | ||||||
21 | or the Methamphetamine Control and Community Protection Act | ||||||
22 | after a previous conviction or disposition of supervision for | ||||||
23 | possession of a substance prohibited by the Cannabis Control | ||||||
24 | Act, the Illinois Controlled Substances Act, or the | ||||||
25 | Methamphetamine Control and Community Protection Act or a | ||||||
26 | sentence of probation under Section 10 of the Cannabis Control |
| |||||||
| |||||||
1 | Act or Section 410 of the Illinois Controlled Substances Act | ||||||
2 | and after a finding by the court that the person is addicted, | ||||||
3 | to undergo treatment at a substance abuse program approved by | ||||||
4 | the court. | ||||||
5 | (m) The Secretary of State shall require anyone placed on | ||||||
6 | court supervision for a violation of Section 3-707 of the | ||||||
7 | Illinois Vehicle Code or a similar provision of a local | ||||||
8 | ordinance to give proof of his or her financial responsibility | ||||||
9 | as defined in Section 7-315 of the Illinois Vehicle Code. The | ||||||
10 | proof shall be maintained by the individual in a manner | ||||||
11 | satisfactory to the Secretary of State for a minimum period of | ||||||
12 | 3 years after the date the proof is first filed. The proof | ||||||
13 | shall be limited to a single action per arrest and may not be | ||||||
14 | affected by any post-sentence disposition. The Secretary of | ||||||
15 | State shall suspend the driver's license of any person | ||||||
16 | determined by the Secretary to be in violation of this | ||||||
17 | subsection. This subsection does not apply to a person who, at | ||||||
18 | the time of the offense, was operating a motor vehicle | ||||||
19 | registered in a state other than Illinois. | ||||||
20 | (n) Any offender placed on supervision for any offense | ||||||
21 | that the court or probation department has determined to be | ||||||
22 | sexually motivated as defined in the Sex Offender Management | ||||||
23 | Board Act shall be required to refrain from any contact, | ||||||
24 | directly or indirectly, with any persons specified by the | ||||||
25 | court and shall be available for all evaluations and treatment | ||||||
26 | programs required by the court or the probation department. |
| |||||||
| |||||||
1 | (o) An offender placed on supervision for a sex offense as | ||||||
2 | defined in the Sex Offender Management Board Act shall refrain | ||||||
3 | from residing at the same address or in the same condominium | ||||||
4 | unit or apartment unit or in the same condominium complex or | ||||||
5 | apartment complex with another person he or she knows or | ||||||
6 | reasonably should know is a convicted sex offender or has been | ||||||
7 | placed on supervision for a sex offense. The provisions of | ||||||
8 | this subsection (o) do not apply to a person convicted of a sex | ||||||
9 | offense who is placed in a Department of Corrections licensed | ||||||
10 | transitional housing facility for sex offenders. | ||||||
11 | (p) An offender placed on supervision for an offense | ||||||
12 | committed on or after June 1, 2008 (the effective date of | ||||||
13 | Public Act 95-464) that would qualify the accused as a child | ||||||
14 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012 shall | ||||||
16 | refrain from communicating with or contacting, by means of the | ||||||
17 | Internet, a person who is not related to the accused and whom | ||||||
18 | the accused reasonably believes to be under 18 years of age. | ||||||
19 | For purposes of this subsection (p), "Internet" has the | ||||||
20 | meaning ascribed to it in Section 16-0.1 of the Criminal Code | ||||||
21 | of 2012; and a person is not related to the accused if the | ||||||
22 | person is not: (i) the spouse, brother, or sister of the | ||||||
23 | accused; (ii) a descendant of the accused; (iii) a first or | ||||||
24 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
25 | child of the accused. | ||||||
26 | (q) An offender placed on supervision for an offense |
| |||||||
| |||||||
1 | committed on or after June 1, 2008 (the effective date of | ||||||
2 | Public Act 95-464) that would qualify the accused as a child | ||||||
3 | sex offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012 shall, if so | ||||||
5 | ordered by the court, refrain from communicating with or | ||||||
6 | contacting, by means of the Internet, a person who is related | ||||||
7 | to the accused and whom the accused reasonably believes to be | ||||||
8 | under 18 years of age. For purposes of this subsection (q), | ||||||
9 | "Internet" has the meaning ascribed to it in Section 16-0.1 of | ||||||
10 | the Criminal Code of 2012; and a person is related to the | ||||||
11 | accused if the person is: (i) the spouse, brother, or sister of | ||||||
12 | the accused; (ii) a descendant of the accused; (iii) a first or | ||||||
13 | second cousin of the accused; or (iv) a step-child or adopted | ||||||
14 | child of the accused. | ||||||
15 | (r) An offender placed on supervision for an offense under | ||||||
16 | Section 11-6, 11-9.1, 11-14.4 that involves soliciting for a | ||||||
17 | sexually exploited child juvenile prostitute , 11-15.1, | ||||||
18 | 11-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of | ||||||
19 | 1961 or the Criminal Code of 2012, or any attempt to commit any | ||||||
20 | of these offenses, committed on or after June 1, 2009 (the | ||||||
21 | effective date of Public Act 95-983) shall: | ||||||
22 | (i) not access or use a computer or any other device | ||||||
23 | with Internet capability without the prior written | ||||||
24 | approval of the court, except in connection with the | ||||||
25 | offender's employment or search for employment with the | ||||||
26 | prior approval of the court; |
| |||||||
| |||||||
1 | (ii) submit to periodic unannounced examinations of | ||||||
2 | the offender's computer or any other device with Internet | ||||||
3 | capability by the offender's probation officer, a law | ||||||
4 | enforcement officer, or assigned computer or information | ||||||
5 | technology specialist, including the retrieval and copying | ||||||
6 | of all data from the computer or device and any internal or | ||||||
7 | external peripherals and removal of such information, | ||||||
8 | equipment, or device to conduct a more thorough | ||||||
9 | inspection; | ||||||
10 | (iii) submit to the installation on the offender's | ||||||
11 | computer or device with Internet capability, at the | ||||||
12 | offender's expense, of one or more hardware or software | ||||||
13 | systems to monitor the Internet use; and | ||||||
14 | (iv) submit to any other appropriate restrictions | ||||||
15 | concerning the offender's use of or access to a computer | ||||||
16 | or any other device with Internet capability imposed by | ||||||
17 | the court. | ||||||
18 | (s) An offender placed on supervision for an offense that | ||||||
19 | is a sex offense as defined in Section 2 of the Sex Offender | ||||||
20 | Registration Act that is committed on or after January 1, 2010 | ||||||
21 | (the effective date of Public Act 96-362) that requires the | ||||||
22 | person to register as a sex offender under that Act, may not | ||||||
23 | knowingly use any computer scrub software on any computer that | ||||||
24 | the sex offender uses. | ||||||
25 | (t) An offender placed on supervision for a sex offense as | ||||||
26 | defined in the Sex Offender Registration Act committed on or |
| |||||||
| |||||||
1 | after January 1, 2010 (the effective date of Public Act | ||||||
2 | 96-262) shall refrain from accessing or using a social | ||||||
3 | networking website as defined in Section 17-0.5 of the | ||||||
4 | Criminal Code of 2012. | ||||||
5 | (u) Jurisdiction over an offender may be transferred from | ||||||
6 | the sentencing court to the court of another circuit with the | ||||||
7 | concurrence of both courts. Further transfers or retransfers | ||||||
8 | of jurisdiction are also authorized in the same manner. The | ||||||
9 | court to which jurisdiction has been transferred shall have | ||||||
10 | the same powers as the sentencing court. The probation | ||||||
11 | department within the circuit to which jurisdiction has been | ||||||
12 | transferred may impose probation fees upon receiving the | ||||||
13 | transferred offender, as provided in subsection (i). The | ||||||
14 | probation department from the original sentencing court shall | ||||||
15 | retain all probation fees collected prior to the transfer. | ||||||
16 | (v) Except for restitution, and assessments issued for | ||||||
17 | adjudications under Section 5-125 of the Juvenile Court Act of | ||||||
18 | 1987, fines and assessments, such as fees or administrative | ||||||
19 | costs, authorized under this Section shall not be ordered or | ||||||
20 | imposed on a minor subject to Article III, IV, or V of the | ||||||
21 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
22 | transferred to adult court or excluded from juvenile court | ||||||
23 | jurisdiction under Article V of the Juvenile Court Act of | ||||||
24 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
25 | (Source: P.A. 102-299, eff. 8-6-21; 103-379, eff. 7-28-23.) |
| |||||||
| |||||||
1 | (730 ILCS 5/5-9-1.7) (from Ch. 38, par. 1005-9-1.7) | ||||||
2 | Sec. 5-9-1.7. Sexual assault fines. | ||||||
3 | (a) Definitions. The terms used in this Section shall have | ||||||
4 | the following meanings ascribed to them: | ||||||
5 | (1) "Sexual assault" means the commission or attempted | ||||||
6 | commission of the following: sexual exploitation of a | ||||||
7 | child, criminal sexual assault, predatory criminal sexual | ||||||
8 | assault of a child, aggravated criminal sexual assault, | ||||||
9 | criminal sexual abuse, aggravated criminal sexual abuse, | ||||||
10 | indecent solicitation of a child, public indecency, sexual | ||||||
11 | relations within families, promoting commercial sexual | ||||||
12 | exploitation of a child juvenile prostitution , soliciting | ||||||
13 | for a sexually exploited child juvenile prostitute , | ||||||
14 | keeping a place of commercial sexual exploitation of a | ||||||
15 | child juvenile prostitution , patronizing a sexually | ||||||
16 | exploited child juvenile prostitute , juvenile pimping, | ||||||
17 | exploitation of a child, obscenity, child pornography, | ||||||
18 | aggravated child pornography, harmful material, or | ||||||
19 | ritualized abuse of a child, as those offenses are defined | ||||||
20 | in the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
21 | (2) (Blank). | ||||||
22 | (3) "Sexual assault organization" means any | ||||||
23 | not-for-profit organization providing comprehensive, | ||||||
24 | community-based services to victims of sexual assault. | ||||||
25 | "Community-based services" include, but are not limited | ||||||
26 | to, direct crisis intervention through a 24-hour response, |
| |||||||
| |||||||
1 | medical and legal advocacy, counseling, information and | ||||||
2 | referral services, training, and community education. | ||||||
3 | (b) (Blank). | ||||||
4 | (c) Sexual Assault Services Fund; administration. There is | ||||||
5 | created a Sexual Assault Services Fund. Moneys deposited into | ||||||
6 | the Fund under Section 15-20 and 15-40 of the Criminal and | ||||||
7 | Traffic Assessment Act shall be appropriated to the Department | ||||||
8 | of Public Health. Upon appropriation of moneys from the Sexual | ||||||
9 | Assault Services Fund, the Department of Public Health shall | ||||||
10 | make grants of these moneys from the Fund to sexual assault | ||||||
11 | organizations with whom the Department has contracts for the | ||||||
12 | purpose of providing community-based services to victims of | ||||||
13 | sexual assault. Grants made under this Section are in addition | ||||||
14 | to, and are not substitutes for, other grants authorized and | ||||||
15 | made by the Department. | ||||||
16 | (Source: P.A. 100-987, eff. 7-1-19 .) | ||||||
17 | Section 160. The Sex Offender Registration Act is amended | ||||||
18 | by changing Section 2 as follows: | ||||||
19 | (730 ILCS 150/2) (from Ch. 38, par. 222) | ||||||
20 | Sec. 2. Definitions. | ||||||
21 | (A) As used in this Article, "sex offender" means any | ||||||
22 | person who is: | ||||||
23 | (1) charged pursuant to Illinois law, or any | ||||||
24 | substantially similar federal, Uniform Code of Military |
| |||||||
| |||||||
1 | Justice, sister state, or foreign country law, with a sex | ||||||
2 | offense set forth in subsection (B) of this Section or the | ||||||
3 | attempt to commit an included sex offense, and: | ||||||
4 | (a) is convicted of such offense or an attempt to | ||||||
5 | commit such offense; or | ||||||
6 | (b) is found not guilty by reason of insanity of | ||||||
7 | such offense or an attempt to commit such offense; or | ||||||
8 | (c) is found not guilty by reason of insanity | ||||||
9 | pursuant to Section 104-25(c) of the Code of Criminal | ||||||
10 | Procedure of 1963 of such offense or an attempt to | ||||||
11 | commit such offense; or | ||||||
12 | (d) is the subject of a finding not resulting in an | ||||||
13 | acquittal at a hearing conducted pursuant to Section | ||||||
14 | 104-25(a) of the Code of Criminal Procedure of 1963 | ||||||
15 | for the alleged commission or attempted commission of | ||||||
16 | such offense; or | ||||||
17 | (e) is found not guilty by reason of insanity | ||||||
18 | following a hearing conducted pursuant to a federal, | ||||||
19 | Uniform Code of Military Justice, sister state, or | ||||||
20 | foreign country law substantially similar to Section | ||||||
21 | 104-25(c) of the Code of Criminal Procedure of 1963 of | ||||||
22 | such offense or of the attempted commission of such | ||||||
23 | offense; or | ||||||
24 | (f) is the subject of a finding not resulting in an | ||||||
25 | acquittal at a hearing conducted pursuant to a | ||||||
26 | federal, Uniform Code of Military Justice, sister |
| |||||||
| |||||||
1 | state, or foreign country law substantially similar to | ||||||
2 | Section 104-25(a) of the Code of Criminal Procedure of | ||||||
3 | 1963 for the alleged violation or attempted commission | ||||||
4 | of such offense; or | ||||||
5 | (2) declared as a sexually dangerous person pursuant | ||||||
6 | to the Illinois Sexually Dangerous Persons Act, or any | ||||||
7 | substantially similar federal, Uniform Code of Military | ||||||
8 | Justice, sister state, or foreign country law; or | ||||||
9 | (3) subject to the provisions of Section 2 of the | ||||||
10 | Interstate Agreements on Sexually Dangerous Persons Act; | ||||||
11 | or | ||||||
12 | (4) found to be a sexually violent person pursuant to | ||||||
13 | the Sexually Violent Persons Commitment Act or any | ||||||
14 | substantially similar federal, Uniform Code of Military | ||||||
15 | Justice, sister state, or foreign country law; or | ||||||
16 | (5) adjudicated a juvenile delinquent as the result of | ||||||
17 | committing or attempting to commit an act which, if | ||||||
18 | committed by an adult, would constitute any of the | ||||||
19 | offenses specified in item (B), (C), or (C-5) of this | ||||||
20 | Section or a violation of any substantially similar | ||||||
21 | federal, Uniform Code of Military Justice, sister state, | ||||||
22 | or foreign country law, or found guilty under Article V of | ||||||
23 | the Juvenile Court Act of 1987 of committing or attempting | ||||||
24 | to commit an act which, if committed by an adult, would | ||||||
25 | constitute any of the offenses specified in item (B), (C), | ||||||
26 | or (C-5) of this Section or a violation of any |
| |||||||
| |||||||
1 | substantially similar federal, Uniform Code of Military | ||||||
2 | Justice, sister state, or foreign country law. | ||||||
3 | Convictions that result from or are connected with the | ||||||
4 | same act, or result from offenses committed at the same time, | ||||||
5 | shall be counted for the purpose of this Article as one | ||||||
6 | conviction. Any conviction set aside pursuant to law is not a | ||||||
7 | conviction for purposes of this Article. | ||||||
8 | For purposes of this Section, "convicted" shall have the | ||||||
9 | same meaning as "adjudicated". | ||||||
10 | (B) As used in this Article, "sex offense" means: | ||||||
11 | (1) A violation of any of the following Sections of | ||||||
12 | the Criminal Code of 1961 or the Criminal Code of 2012: | ||||||
13 | 11-20.1 (child pornography), | ||||||
14 | 11-20.1B or 11-20.3 (aggravated child | ||||||
15 | pornography), | ||||||
16 | 11-6 (indecent solicitation of a child), | ||||||
17 | 11-9.1 (sexual exploitation of a child), | ||||||
18 | 11-9.2 (custodial sexual misconduct), | ||||||
19 | 11-9.5 (sexual misconduct with a person with a | ||||||
20 | disability), | ||||||
21 | 11-14.4 (promoting commercial sexual exploitation | ||||||
22 | of a child juvenile prostitution ), | ||||||
23 | 11-15.1 (soliciting for a sexually exploited child | ||||||
24 | juvenile prostitute ), | ||||||
25 | 11-18.1 (patronizing a sexually exploited child | ||||||
26 | juvenile prostitute ), |
| |||||||
| |||||||
1 | 11-17.1 (keeping a place of commercial sexual | ||||||
2 | exploitation of a child juvenile prostitution ), | ||||||
3 | 11-19.1 (juvenile pimping), | ||||||
4 | 11-19.2 (exploitation of a child), | ||||||
5 | 11-25 (grooming), | ||||||
6 | 11-26 (traveling to meet a minor or traveling to | ||||||
7 | meet a child), | ||||||
8 | 11-1.20 or 12-13 (criminal sexual assault), | ||||||
9 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
10 | assault), | ||||||
11 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
12 | assault of a child), | ||||||
13 | 11-1.50 or 12-15 (criminal sexual abuse), | ||||||
14 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
15 | abuse), | ||||||
16 | 12-33 (ritualized abuse of a child). | ||||||
17 | An attempt to commit any of these offenses. | ||||||
18 | (1.5) A violation of any of the following Sections of | ||||||
19 | the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
20 | when the victim is a person under 18 years of age, the | ||||||
21 | defendant is not a parent of the victim, the offense was | ||||||
22 | sexually motivated as defined in Section 10 of the Sex | ||||||
23 | Offender Evaluation and Treatment Act, and the offense was | ||||||
24 | committed on or after January 1, 1996: | ||||||
25 | 10-1 (kidnapping), | ||||||
26 | 10-2 (aggravated kidnapping), |
| |||||||
| |||||||
1 | 10-3 (unlawful restraint), | ||||||
2 | 10-3.1 (aggravated unlawful restraint). | ||||||
3 | If the offense was committed before January 1, 1996, | ||||||
4 | it is a sex offense requiring registration only when the | ||||||
5 | person is convicted of any felony after July 1, 2011, and | ||||||
6 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
7 | applies. | ||||||
8 | (1.6) First degree murder under Section 9-1 of the | ||||||
9 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
10 | provided the offense was sexually motivated as defined in | ||||||
11 | Section 10 of the Sex Offender Management Board Act. | ||||||
12 | (1.7) (Blank). | ||||||
13 | (1.8) A violation or attempted violation of Section | ||||||
14 | 11-11 (sexual relations within families) of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012, and the offense | ||||||
16 | was committed on or after June 1, 1997. If the offense was | ||||||
17 | committed before June 1, 1997, it is a sex offense | ||||||
18 | requiring registration only when the person is convicted | ||||||
19 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
20 | subsection (c) of Section 3 of this Act applies. | ||||||
21 | (1.9) Child abduction under paragraph (10) of | ||||||
22 | subsection (b) of Section 10-5 of the Criminal Code of | ||||||
23 | 1961 or the Criminal Code of 2012 committed by luring or | ||||||
24 | attempting to lure a child under the age of 16 into a motor | ||||||
25 | vehicle, building, house trailer, or dwelling place | ||||||
26 | without the consent of the parent or lawful custodian of |
| |||||||
| |||||||
1 | the child for other than a lawful purpose and the offense | ||||||
2 | was committed on or after January 1, 1998, provided the | ||||||
3 | offense was sexually motivated as defined in Section 10 of | ||||||
4 | the Sex Offender Management Board Act. If the offense was | ||||||
5 | committed before January 1, 1998, it is a sex offense | ||||||
6 | requiring registration only when the person is convicted | ||||||
7 | of any felony after July 1, 2011, and paragraph (2.1) of | ||||||
8 | subsection (c) of Section 3 of this Act applies. | ||||||
9 | (1.10) A violation or attempted violation of any of | ||||||
10 | the following Sections of the Criminal Code of 1961 or the | ||||||
11 | Criminal Code of 2012 when the offense was committed on or | ||||||
12 | after July 1, 1999: | ||||||
13 | 10-4 (forcible detention, if the victim is under | ||||||
14 | 18 years of age), provided the offense was sexually | ||||||
15 | motivated as defined in Section 10 of the Sex Offender | ||||||
16 | Management Board Act, | ||||||
17 | 11-6.5 (indecent solicitation of an adult), | ||||||
18 | 11-14.3 that involves soliciting for a person | ||||||
19 | engaged in the sex trade prostitute , or 11-15 | ||||||
20 | (soliciting for a person engaged in the sex trade | ||||||
21 | prostitute , if the victim is under 18 years of age), | ||||||
22 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
23 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
24 | under 18 years of age), | ||||||
25 | 11-18 (patronizing a person engaged in the sex | ||||||
26 | trade prostitute , if the victim is under 18 years of |
| |||||||
| |||||||
1 | age), | ||||||
2 | subdivision (a)(2)(C) of Section 11-14.3, or | ||||||
3 | Section 11-19 (pimping, if the victim is under 18 | ||||||
4 | years of age). | ||||||
5 | If the offense was committed before July 1, 1999, it | ||||||
6 | is a sex offense requiring registration only when the | ||||||
7 | person is convicted of any felony after July 1, 2011, and | ||||||
8 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
9 | applies. | ||||||
10 | (1.11) A violation or attempted violation of any of | ||||||
11 | the following Sections of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012 when the offense was committed on or | ||||||
13 | after August 22, 2002: | ||||||
14 | 11-9 or 11-30 (public indecency for a third or | ||||||
15 | subsequent conviction). | ||||||
16 | If the third or subsequent conviction was imposed | ||||||
17 | before August 22, 2002, it is a sex offense requiring | ||||||
18 | registration only when the person is convicted of any | ||||||
19 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
20 | subsection (c) of Section 3 of this Act applies. | ||||||
21 | (1.12) A violation or attempted violation of Section | ||||||
22 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
23 | Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
24 | (permitting sexual abuse) when the offense was committed | ||||||
25 | on or after August 22, 2002. If the offense was committed | ||||||
26 | before August 22, 2002, it is a sex offense requiring |
| |||||||
| |||||||
1 | registration only when the person is convicted of any | ||||||
2 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
3 | subsection (c) of Section 3 of this Act applies. | ||||||
4 | (2) A violation of any former law of this State | ||||||
5 | substantially equivalent to any offense listed in | ||||||
6 | subsection (B) of this Section. | ||||||
7 | (C) A conviction for an offense of federal law, Uniform | ||||||
8 | Code of Military Justice, or the law of another state or a | ||||||
9 | foreign country that is substantially equivalent to any | ||||||
10 | offense listed in subsections (B), (C), (E), and (E-5) of this | ||||||
11 | Section shall constitute a conviction for the purpose of this | ||||||
12 | Article. A finding or adjudication as a sexually dangerous | ||||||
13 | person or a sexually violent person under any federal law, | ||||||
14 | Uniform Code of Military Justice, or the law of another state | ||||||
15 | or foreign country that is substantially equivalent to the | ||||||
16 | Sexually Dangerous Persons Act or the Sexually Violent Persons | ||||||
17 | Commitment Act shall constitute an adjudication for the | ||||||
18 | purposes of this Article. | ||||||
19 | (C-5) A person at least 17 years of age at the time of the | ||||||
20 | commission of the offense who is convicted of first degree | ||||||
21 | murder under Section 9-1 of the Criminal Code of 1961 or the | ||||||
22 | Criminal Code of 2012, against a person under 18 years of age, | ||||||
23 | shall be required to register for natural life. A conviction | ||||||
24 | for an offense of federal, Uniform Code of Military Justice, | ||||||
25 | sister state, or foreign country law that is substantially | ||||||
26 | equivalent to any offense listed in subsection (C-5) of this |
| |||||||
| |||||||
1 | Section shall constitute a conviction for the purpose of this | ||||||
2 | Article. This subsection (C-5) applies to a person who | ||||||
3 | committed the offense before June 1, 1996 if: (i) the person is | ||||||
4 | incarcerated in an Illinois Department of Corrections facility | ||||||
5 | on August 20, 2004 (the effective date of Public Act 93-977), | ||||||
6 | or (ii) subparagraph (i) does not apply and the person is | ||||||
7 | convicted of any felony after July 1, 2011, and paragraph | ||||||
8 | (2.1) of subsection (c) of Section 3 of this Act applies. | ||||||
9 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
10 | of first degree murder as defined in Section 9-1 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, against a | ||||||
12 | person 18 years of age or over, shall be required to register | ||||||
13 | for his or her natural life. A conviction for an offense of | ||||||
14 | federal, Uniform Code of Military Justice, sister state, or | ||||||
15 | foreign country law that is substantially equivalent to any | ||||||
16 | offense listed in subsection (C-6) of this Section shall | ||||||
17 | constitute a conviction for the purpose of this Article. This | ||||||
18 | subsection (C-6) does not apply to those individuals released | ||||||
19 | from incarceration more than 10 years prior to January 1, 2012 | ||||||
20 | (the effective date of Public Act 97-154). | ||||||
21 | (D) As used in this Article, "law enforcement agency | ||||||
22 | having jurisdiction" means the Chief of Police in each of the | ||||||
23 | municipalities in which the sex offender expects to reside, | ||||||
24 | work, or attend school (1) upon his or her discharge, parole or | ||||||
25 | release or (2) during the service of his or her sentence of | ||||||
26 | probation or conditional discharge, or the Sheriff of the |
| |||||||
| |||||||
1 | county, in the event no Police Chief exists or if the offender | ||||||
2 | intends to reside, work, or attend school in an unincorporated | ||||||
3 | area. "Law enforcement agency having jurisdiction" includes | ||||||
4 | the location where out-of-state students attend school and | ||||||
5 | where out-of-state employees are employed or are otherwise | ||||||
6 | required to register. | ||||||
7 | (D-1) As used in this Article, "supervising officer" means | ||||||
8 | the assigned Illinois Department of Corrections parole agent | ||||||
9 | or county probation officer. | ||||||
10 | (E) As used in this Article, "sexual predator" means any | ||||||
11 | person who, after July 1, 1999, is: | ||||||
12 | (1) Convicted for an offense of federal, Uniform Code | ||||||
13 | of Military Justice, sister state, or foreign country law | ||||||
14 | that is substantially equivalent to any offense listed in | ||||||
15 | subsection (E) or (E-5) of this Section shall constitute a | ||||||
16 | conviction for the purpose of this Article. Convicted of a | ||||||
17 | violation or attempted violation of any of the following | ||||||
18 | Sections of the Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012: | ||||||
20 | 10-5.1 (luring of a minor), | ||||||
21 | 11-14.4 that involves keeping a place of | ||||||
22 | commercial sexual exploitation of a child juvenile | ||||||
23 | prostitution , or 11-17.1 (keeping a place of | ||||||
24 | commercial sexual exploitation of a child juvenile | ||||||
25 | prostitution ), | ||||||
26 | subdivision (a)(2) or (a)(3) of Section 11-14.4, |
| |||||||
| |||||||
1 | or Section 11-19.1 (juvenile pimping), | ||||||
2 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
3 | 11-19.2 (exploitation of a child), | ||||||
4 | 11-20.1 (child pornography), | ||||||
5 | 11-20.1B or 11-20.3 (aggravated child | ||||||
6 | pornography), | ||||||
7 | 11-1.20 or 12-13 (criminal sexual assault), | ||||||
8 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
9 | assault), | ||||||
10 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
11 | assault of a child), | ||||||
12 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
13 | abuse), | ||||||
14 | 12-33 (ritualized abuse of a child); | ||||||
15 | (2) (blank); | ||||||
16 | (3) declared as a sexually dangerous person pursuant | ||||||
17 | to the Sexually Dangerous Persons Act or any substantially | ||||||
18 | similar federal, Uniform Code of Military Justice, sister | ||||||
19 | state, or foreign country law; | ||||||
20 | (4) found to be a sexually violent person pursuant to | ||||||
21 | the Sexually Violent Persons Commitment Act or any | ||||||
22 | substantially similar federal, Uniform Code of Military | ||||||
23 | Justice, sister state, or foreign country law; | ||||||
24 | (5) convicted of a second or subsequent offense which | ||||||
25 | requires registration pursuant to this Act. For purposes | ||||||
26 | of this paragraph (5), "convicted" shall include a |
| |||||||
| |||||||
1 | conviction under any substantially similar Illinois, | ||||||
2 | federal, Uniform Code of Military Justice, sister state, | ||||||
3 | or foreign country law; | ||||||
4 | (6) (blank); or | ||||||
5 | (7) if the person was convicted of an offense set | ||||||
6 | forth in this subsection (E) on or before July 1, 1999, the | ||||||
7 | person is a sexual predator for whom registration is | ||||||
8 | required only when the person is convicted of a felony | ||||||
9 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
10 | subsection (c) of Section 3 of this Act applies. | ||||||
11 | (E-5) As used in this Article, "sexual predator" also | ||||||
12 | means a person convicted of a violation or attempted violation | ||||||
13 | of any of the following Sections of the Criminal Code of 1961 | ||||||
14 | or the Criminal Code of 2012: | ||||||
15 | (1) Section 9-1 (first degree murder, when the victim | ||||||
16 | was a person under 18 years of age and the defendant was at | ||||||
17 | least 17 years of age at the time of the commission of the | ||||||
18 | offense, provided the offense was sexually motivated as | ||||||
19 | defined in Section 10 of the Sex Offender Management Board | ||||||
20 | Act); | ||||||
21 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
22 | with a disability); | ||||||
23 | (3) when the victim is a person under 18 years of age, | ||||||
24 | the defendant is not a parent of the victim, the offense | ||||||
25 | was sexually motivated as defined in Section 10 of the Sex | ||||||
26 | Offender Management Board Act, and the offense was |
| |||||||
| |||||||
1 | committed on or after January 1, 1996: (A) Section 10-1 | ||||||
2 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
3 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
4 | 10-3.1 (aggravated unlawful restraint); and | ||||||
5 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
6 | luring or attempting to lure a child under the age of 16 | ||||||
7 | into a motor vehicle, building, house trailer, or dwelling | ||||||
8 | place without the consent of the parent or lawful | ||||||
9 | custodian of the child for other than a lawful purpose and | ||||||
10 | the offense was committed on or after January 1, 1998, | ||||||
11 | provided the offense was sexually motivated as defined in | ||||||
12 | Section 10 of the Sex Offender Management Board Act). | ||||||
13 | (E-10) As used in this Article, "sexual predator" also | ||||||
14 | means a person required to register in another State due to a | ||||||
15 | conviction, adjudication or other action of any court | ||||||
16 | triggering an obligation to register as a sex offender, sexual | ||||||
17 | predator, or substantially similar status under the laws of | ||||||
18 | that State. | ||||||
19 | (F) As used in this Article, "out-of-state student" means | ||||||
20 | any sex offender, as defined in this Section, or sexual | ||||||
21 | predator who is enrolled in Illinois, on a full-time or | ||||||
22 | part-time basis, in any public or private educational | ||||||
23 | institution, including, but not limited to, any secondary | ||||||
24 | school, trade or professional institution, or institution of | ||||||
25 | higher learning. | ||||||
26 | (G) As used in this Article, "out-of-state employee" means |
| |||||||
| |||||||
1 | any sex offender, as defined in this Section, or sexual | ||||||
2 | predator who works in Illinois, regardless of whether the | ||||||
3 | individual receives payment for services performed, for a | ||||||
4 | period of time of 10 or more days or for an aggregate period of | ||||||
5 | time of 30 or more days during any calendar year. Persons who | ||||||
6 | operate motor vehicles in the State accrue one day of | ||||||
7 | employment time for any portion of a day spent in Illinois. | ||||||
8 | (H) As used in this Article, "school" means any public or | ||||||
9 | private educational institution, including, but not limited | ||||||
10 | to, any elementary or secondary school, trade or professional | ||||||
11 | institution, or institution of higher education. | ||||||
12 | (I) As used in this Article, "fixed residence" means any | ||||||
13 | and all places that a sex offender resides for an aggregate | ||||||
14 | period of time of 5 or more days in a calendar year. | ||||||
15 | (J) As used in this Article, "Internet protocol address" | ||||||
16 | means the string of numbers by which a location on the Internet | ||||||
17 | is identified by routers or other computers connected to the | ||||||
18 | Internet. | ||||||
19 | (Source: P.A. 100-428, eff. 1-1-18 .) | ||||||
20 | Section 165. The Code of Civil Procedure is amended by | ||||||
21 | changing Section 8-802.1 as follows: | ||||||
22 | (735 ILCS 5/8-802.1) (from Ch. 110, par. 8-802.1) | ||||||
23 | Sec. 8-802.1. Confidentiality of statements made to rape | ||||||
24 | crisis personnel. |
| |||||||
| |||||||
1 | (a) Purpose. This Section is intended to protect victims | ||||||
2 | of rape from public disclosure of statements they make in | ||||||
3 | confidence to counselors of organizations established to help | ||||||
4 | them. On or after July 1, 1984, "rape" means an act of forced | ||||||
5 | sexual penetration or sexual conduct, as defined in Section | ||||||
6 | 11-0.1 of the Criminal Code of 2012, including acts prohibited | ||||||
7 | under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 | ||||||
8 | of the Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
9 | Because of the fear and stigma that often results from those | ||||||
10 | crimes, many victims hesitate to seek help even where it is | ||||||
11 | available at no cost to them. As a result they not only fail to | ||||||
12 | receive needed medical care and emergency counseling, but may | ||||||
13 | lack the psychological support necessary to report the crime | ||||||
14 | and aid police in preventing future crimes. | ||||||
15 | (b) Definitions. As used in this Act: | ||||||
16 | (1) "Rape crisis organization" means any organization | ||||||
17 | or association a major purpose of which is providing | ||||||
18 | information, counseling, and psychological support to | ||||||
19 | victims of any or all of the crimes of aggravated criminal | ||||||
20 | sexual assault, predatory criminal sexual assault of a | ||||||
21 | child, criminal sexual assault, sexual relations between | ||||||
22 | siblings, criminal sexual abuse and aggravated criminal | ||||||
23 | sexual abuse. "Rape crisis organization" includes, but is | ||||||
24 | not limited to, rape crisis centers certified by a | ||||||
25 | statewide sexual assault coalition. | ||||||
26 | (2) "Rape crisis counselor" means a person who is a |
| |||||||
| |||||||
1 | psychologist, social worker, employee, or volunteer in any | ||||||
2 | organization or association defined as a rape crisis | ||||||
3 | organization under this Section, who has undergone 40 | ||||||
4 | hours of training and is under the control of a direct | ||||||
5 | services supervisor of a rape crisis organization. | ||||||
6 | (3) "Victim" means a person who is the subject of, or | ||||||
7 | who seeks information, counseling, or advocacy services as | ||||||
8 | a result of an aggravated criminal sexual assault, | ||||||
9 | predatory criminal sexual assault of a child, criminal | ||||||
10 | sexual assault, sexual relations within families, criminal | ||||||
11 | sexual abuse, aggravated criminal sexual abuse, sexual | ||||||
12 | exploitation of a child, indecent solicitation of a child, | ||||||
13 | public indecency, exploitation of a child, promoting | ||||||
14 | commercial sexual exploitation of a child juvenile | ||||||
15 | prostitution as described in subdivision (a)(4) of Section | ||||||
16 | 11-14.4, or an attempt to commit any of these offenses. | ||||||
17 | (4) "Confidential communication" means any | ||||||
18 | communication between a victim and a rape crisis counselor | ||||||
19 | in the course of providing information, counseling, and | ||||||
20 | advocacy. The term includes all records kept by the | ||||||
21 | counselor or by the organization in the course of | ||||||
22 | providing services to an alleged victim concerning the | ||||||
23 | alleged victim and the services provided. | ||||||
24 | (c) Waiver of privilege. | ||||||
25 | (1) The confidential nature of the communication is | ||||||
26 | not waived by: the presence of a third person who further |
| |||||||
| |||||||
1 | expresses the interests of the victim at the time of the | ||||||
2 | communication; group counseling; or disclosure to a third | ||||||
3 | person with the consent of the victim when reasonably | ||||||
4 | necessary to accomplish the purpose for which the | ||||||
5 | counselor is consulted. | ||||||
6 | (2) The confidential nature of counseling records is | ||||||
7 | not waived when: the victim inspects the records; or in | ||||||
8 | the case of a minor child less than 12 years of age, a | ||||||
9 | parent or guardian whose interests are not adverse to the | ||||||
10 | minor inspects the records; or in the case of a minor | ||||||
11 | victim 12 years or older, a parent or guardian whose | ||||||
12 | interests are not adverse to the minor inspects the | ||||||
13 | records with the victim's consent, or in the case of an | ||||||
14 | adult who has a guardian of his or her person, the guardian | ||||||
15 | inspects the records with the victim's consent. | ||||||
16 | (3) When a victim is deceased, the executor or | ||||||
17 | administrator of the victim's estate may waive the | ||||||
18 | privilege established by this Section, unless the executor | ||||||
19 | or administrator has an interest adverse to the victim. | ||||||
20 | (4) A minor victim 12 years of age or older may | ||||||
21 | knowingly waive the privilege established in this Section. | ||||||
22 | When a minor is, in the opinion of the Court, incapable of | ||||||
23 | knowingly waiving the privilege, the parent or guardian of | ||||||
24 | the minor may waive the privilege on behalf of the minor, | ||||||
25 | unless the parent or guardian has been charged with a | ||||||
26 | violent crime against the victim or otherwise has any |
| |||||||
| |||||||
1 | interest adverse to that of the minor with respect to the | ||||||
2 | waiver of the privilege. | ||||||
3 | (5) An adult victim who has a guardian of his or her | ||||||
4 | person may knowingly waive the privilege established in | ||||||
5 | this Section. When the victim is, in the opinion of the | ||||||
6 | court, incapable of knowingly waiving the privilege, the | ||||||
7 | guardian of the adult victim may waive the privilege on | ||||||
8 | behalf of the victim, unless the guardian has been charged | ||||||
9 | with a violent crime against the victim or otherwise has | ||||||
10 | any interest adverse to the victim with respect to the | ||||||
11 | privilege. | ||||||
12 | (d) Confidentiality. Except as provided in this Act, no | ||||||
13 | rape crisis counselor shall disclose any confidential | ||||||
14 | communication or be examined as a witness in any civil or | ||||||
15 | criminal proceeding as to any confidential communication | ||||||
16 | without the written consent of the victim or a representative | ||||||
17 | of the victim as provided in subparagraph (c). | ||||||
18 | (e) A rape crisis counselor may disclose a confidential | ||||||
19 | communication without the consent of the victim if failure to | ||||||
20 | disclose is likely to result in a clear, imminent risk of | ||||||
21 | serious physical injury or death of the victim or another | ||||||
22 | person. Any rape crisis counselor or rape crisis organization | ||||||
23 | participating in good faith in the disclosing of records and | ||||||
24 | communications under this Act shall have immunity from any | ||||||
25 | liability, civil, criminal, or otherwise that might result | ||||||
26 | from the action. In any proceeding, civil or criminal, arising |
| |||||||
| |||||||
1 | out of a disclosure under this Section, the good faith of any | ||||||
2 | rape crisis counselor or rape crisis organization who | ||||||
3 | disclosed the confidential communication shall be presumed. | ||||||
4 | (f) Any rape crisis counselor who knowingly discloses any | ||||||
5 | confidential communication in violation of this Act commits a | ||||||
6 | Class C misdemeanor. | ||||||
7 | (Source: P.A. 102-469, eff. 1-1-22 .) | ||||||
8 | Section 170. The Trafficking Victims Protection Act is | ||||||
9 | amended by changing Section 10 as follows: | ||||||
10 | (740 ILCS 128/10) | ||||||
11 | Sec. 10. Definitions. As used in this Act: | ||||||
12 | "Human trafficking" means a violation or attempted | ||||||
13 | violation of subsection (d) of Section 10-9 of the Criminal | ||||||
14 | Code of 2012. | ||||||
15 | "Involuntary servitude" means a violation or attempted | ||||||
16 | violation of subsection (b) of Section 10-9 of the Criminal | ||||||
17 | Code of 2012. | ||||||
18 | "Sex trade" means a violation or attempted violation of | ||||||
19 | any of the following Sections of the Criminal Code of 1961 or | ||||||
20 | the Criminal Code of 2012: 11-14.3 (promoting prostitution); | ||||||
21 | 11-14.4 (promoting commercial sexual exploitation of a child | ||||||
22 | juvenile prostitution ); 11-15 (soliciting for a person engaged | ||||||
23 | in the sex trade prostitute ); 11-15.1 (soliciting for a | ||||||
24 | sexually exploited child juvenile prostitute ); 11-16 |
| |||||||
| |||||||
1 | (pandering); 11-17 (keeping a place of prostitution); 11-17.1 | ||||||
2 | (keeping a place of commercial sexual exploitation of a child | ||||||
3 | juvenile prostitution ); 11-19 (pimping); 11-19.1 (juvenile | ||||||
4 | pimping and aggravated juvenile pimping); 11-19.2 | ||||||
5 | (exploitation of a child); 11-20 (obscenity); 11-20.1 (child | ||||||
6 | pornography); 11-20.1B or 11-20.3 (aggravated child | ||||||
7 | pornography); or subsection (c) of Section 10-9 (involuntary | ||||||
8 | sexual servitude of a minor). | ||||||
9 | "Sex trade" activity may involve adults and youth of all | ||||||
10 | genders and sexual orientations. | ||||||
11 | "Victim of the sex trade" means, for the following sex | ||||||
12 | trade acts, the person or persons indicated: | ||||||
13 | (1) soliciting for a person engaged in the sex trade | ||||||
14 | prostitute : the person engaged in the sex trade prostitute | ||||||
15 | who is the object of the solicitation; | ||||||
16 | (2) soliciting for a sexually exploited child juvenile | ||||||
17 | prostitute : the sexually exploited child juvenile | ||||||
18 | prostitute , or person with a severe or profound | ||||||
19 | intellectual disability, who is the object of the | ||||||
20 | solicitation; | ||||||
21 | (3) promoting prostitution as described in subdivision | ||||||
22 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
23 | Code of 1961 or the Criminal Code of 2012, or pandering: | ||||||
24 | the person intended or compelled to act as a person | ||||||
25 | engaged in the sex trade prostitute ; | ||||||
26 | (4) keeping a place of prostitution: any person |
| |||||||
| |||||||
1 | intended or compelled to act as a person engaged in the sex | ||||||
2 | trade prostitute , while present at the place, during the | ||||||
3 | time period in question; | ||||||
4 | (5) keeping a place of commercial sexual exploitation | ||||||
5 | of a child juvenile prostitution : any juvenile intended or | ||||||
6 | compelled to act as a person engaged in the sex trade | ||||||
7 | prostitute , while present at the place, during the time | ||||||
8 | period in question; | ||||||
9 | (6) promoting prostitution as described in subdivision | ||||||
10 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 | ||||||
11 | or the Criminal Code of 2012, or pimping: the person | ||||||
12 | engaged in the sex trade prostitute from whom anything of | ||||||
13 | value is received; | ||||||
14 | (7) promoting commercial sexual exploitation of a | ||||||
15 | child juvenile prostitution as described in subdivision | ||||||
16 | (a)(2) or (a)(3) of Section 11-14.4 of the Criminal Code | ||||||
17 | of 1961 or the Criminal Code of 2012, or juvenile pimping | ||||||
18 | and aggravated juvenile pimping: the juvenile, or person | ||||||
19 | with a severe or profound intellectual disability, from | ||||||
20 | whom anything of value is received for that person's act | ||||||
21 | of prostitution; | ||||||
22 | (8) promoting commercial sexual exploitation of a | ||||||
23 | child juvenile prostitution as described in subdivision | ||||||
24 | (a)(4) of Section 11-14.4 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, or exploitation of a child: the | ||||||
26 | juvenile, or person with a severe or profound intellectual |
| |||||||
| |||||||
1 | disability, intended or compelled to act as a person | ||||||
2 | engaged in the sex trade prostitute or from whom anything | ||||||
3 | of value is received for that person's act of | ||||||
4 | prostitution; | ||||||
5 | (9) obscenity: any person who appears in or is | ||||||
6 | described or depicted in the offending conduct or | ||||||
7 | material; | ||||||
8 | (10) child pornography or aggravated child | ||||||
9 | pornography: any child, or person with a severe or | ||||||
10 | profound intellectual disability, who appears in or is | ||||||
11 | described or depicted in the offending conduct or | ||||||
12 | material; or | ||||||
13 | (11) involuntary sexual servitude of a minor as | ||||||
14 | defined in subsection (c) of Section 10-9 of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012. | ||||||
16 | (Source: P.A. 99-143, eff. 7-27-15; 100-939, eff. 1-1-19 .) | ||||||
17 | Section 175. The Illinois Securities Law of 1953 is | ||||||
18 | amended by changing Section 7a as follows: | ||||||
19 | (815 ILCS 5/7a) (from Ch. 121 1/2, par. 137.7a) | ||||||
20 | Sec. 7a. (a) Except as provided in subsection (b) of this | ||||||
21 | Section, no securities, issued by an issuer engaged in or | ||||||
22 | deriving revenues from the conduct of any business or | ||||||
23 | profession, the conduct of which would violate Section 11-14, | ||||||
24 | 11-14.3, 11-14.4 as described in subdivision (a)(1), (a)(2), |
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1 | or (a)(3) or that involves soliciting for a sexually exploited | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | child juvenile prostitute , 11-15, 11-15.1, 11-16, 11-17, 11-19 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | or 11-19.1 of the Criminal Code of 1961 or the Criminal Code of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | 2012, if conducted in this State, shall be sold or registered | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | pursuant to Section 5, 6 or 7 of this Act nor sold pursuant to | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | the provisions of Section 3 or 4 of this Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (b) Notwithstanding the provisions of subsection (a) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | hereof, such securities issued prior to the effective date of | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | this amendatory Act of 1989 may be sold by a resident of this | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | State in transactions which qualify for an exemption from the | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | registration requirements of this Act pursuant to subsection A | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | of Section 4 of this Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.) | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Section 999. Effective date. This Act takes effect July 1, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | 2025. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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