103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2582

 

Introduced 5/18/2023, by Sen. Karina Villa

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Creates the Prostitution Investigation Act. Provides that each law enforcement agency shall create, on or before January 1, 2025, a policy that prohibits law enforcement officers from knowingly and willingly performing an act of sexual penetration with the suspect of a criminal investigation of prostitution during the course of an investigation conducted by that officer. Provides that the policy shall be posted and made publicly available. Amends various Acts to change "juvenile prostitution" to "commercial sexual exploitation of a child", "prostitute" to "person engaged in the sex trade", and "juvenile prostitute" to "sexually exploited child". Amends the Statute on Statutes. Provides that the changes of names of the offenses and persons convicted of those offenses do not affect the validity of dispositions entered under the previous names. Amends the Criminal Identification Act. Provides that law enforcement agencies shall automatically expunge the law enforcement records relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that in the absence of a court order or upon the order of a court, the clerk of the circuit court shall automatically expunge the court records and case files relating to a person's Class 4 felony conviction for prostitution if that conviction is eligible for expungement. Provides that automatic expungements shall be completed no later than January 1, 2025. Provides for comparable provisions for such convictions that are eligible for sealing.


LRB103 32575 LNS 62176 b

 

 

A BILL FOR

 

SB2582LRB103 32575 LNS 62176 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Prostitution Investigation Act.
 
6    Section 5. Definitions. In this Act:
7    "Law enforcement agency" and "law enforcement officer"
8have the meanings ascribed to them in Section 10-10 of the Law
9Enforcement Officer-Worn Body Camera Act.
10    "Prostitution" has the meaning ascribed to it in Section
1111-14 of the Criminal Code of 2012.
12    "Sexual penetration" has the meaning ascribed to it in
13Section 11-0.1 of the Criminal Code of 2012.
 
14    Section 10. Law enforcement agency policy; prostitution
15investigations. Each law enforcement agency shall create a
16policy on or before January 1, 2025 that prohibits law
17enforcement officers from knowingly and willingly performing
18an act of sexual penetration with the suspect of a criminal
19investigation of prostitution during the course of an
20investigation conducted by that officer. The policy shall be
21posted and made publicly available.
 

 

 

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1    Section 95. The Statute on Statutes is amended by adding
2Section 1.45 as follows:
 
3    (5 ILCS 70/1.45 new)
4    Sec. 1.45. Juvenile prostitution, prostitute, juvenile
5prostitute; prior prosecutions. If any person, before the
6effective date of this amendatory Act of the 103rd General
7Assembly, has been arrested, charged, prosecuted, convicted,
8or sentenced for juvenile prostitution or patronizing a minor
9engaged in prostitution or has been referred to in any law
10enforcement record, court record, or penal institution record
11as a prostitute or juvenile prostitute, the changes of the
12names of offenses and the references to defendants in this
13amendatory Act of the 103rd General Assembly do not, except as
14described in this amendatory Act, affect any arrest,
15prosecution, conviction, sentence, or penal institution record
16for such persons or offenses in any law enforcement record,
17court record, or penal institution record, or any arrest,
18conviction, or sentence, before the effective date of this
19amendatory Act of the 103rd General Assembly, and any action
20taken for or against such a person incarcerated, on
21supervision, probation, conditional discharge, or mandatory
22supervised release under the former named offenses and persons
23shall remain valid.
 
24    Section 96. The Criminal Identification Act is amended by

 

 

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1changing 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 Sections 12-3.1 or 12-3.2 of the
22            Criminal Code of 1961 or the Criminal Code of
23            2012, or Section 125 of the Stalking No Contact
24            Order Act, or Section 219 of the Civil No Contact
25            Order Act, or a similar provision of a local
26            ordinance;

 

 

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1                (iv) Class A misdemeanors or felony offenses
2            under the Humane Care for Animals Act; or
3                (v) any offense or attempted offense that
4            would subject a person to registration under the
5            Sex Offender Registration Act.
6            (D) (blank).
7    (b) Expungement.
8        (1) A petitioner may petition the circuit court to
9    expunge the records of his or her arrests and charges not
10    initiated by arrest when each arrest or charge not
11    initiated by arrest sought to be expunged resulted in: (i)
12    acquittal, dismissal, or the petitioner's release without
13    charging, unless excluded by subsection (a)(3)(B); (ii) a
14    conviction which was vacated or reversed, unless excluded
15    by subsection (a)(3)(B); (iii) an order of supervision and
16    such supervision was successfully completed by the
17    petitioner, unless excluded by subsection (a)(3)(A) or
18    (a)(3)(B); or (iv) an order of qualified probation (as
19    defined in subsection (a)(1)(J)) and such probation was
20    successfully completed by the petitioner.
21        (1.5) When a petitioner seeks to have a record of
22    arrest expunged under this Section, and the offender has
23    been convicted of a criminal offense, the State's Attorney
24    may object to the expungement on the grounds that the
25    records contain specific relevant information aside from
26    the mere fact of the arrest.

 

 

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1        (2) Time frame for filing a petition to expunge.
2            (A) When the arrest or charge not initiated by
3        arrest sought to be expunged resulted in an acquittal,
4        dismissal, the petitioner's release without charging,
5        or the reversal or vacation of a conviction, there is
6        no waiting period to petition for the expungement of
7        such records.
8            (B) When the arrest or charge not initiated by
9        arrest sought to be expunged resulted in an order of
10        supervision, successfully completed by the petitioner,
11        the following time frames will apply:
12                (i) Those arrests or charges that resulted in
13            orders of supervision under Section 3-707, 3-708,
14            3-710, or 5-401.3 of the Illinois Vehicle Code or
15            a similar provision of a local ordinance, or under
16            Section 11-1.50, 12-3.2, or 12-15 of the Criminal
17            Code of 1961 or the Criminal Code of 2012, or a
18            similar provision of a local ordinance, shall not
19            be eligible for expungement until 5 years have
20            passed following the satisfactory termination of
21            the supervision.
22                (i-5) Those arrests or charges that resulted
23            in orders of supervision for a misdemeanor
24            violation of subsection (a) of Section 11-503 of
25            the Illinois Vehicle Code or a similar provision
26            of a local ordinance, that occurred prior to the

 

 

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1            offender reaching the age of 25 years and the
2            offender has no other conviction for violating
3            Section 11-501 or 11-503 of the Illinois Vehicle
4            Code or a similar provision of a local ordinance
5            shall not be eligible for expungement until the
6            petitioner has reached the age of 25 years.
7                (ii) Those arrests or charges that resulted in
8            orders of supervision for any other offenses shall
9            not be eligible for expungement until 2 years have
10            passed following the satisfactory termination of
11            the supervision.
12            (C) When the arrest or charge not initiated by
13        arrest sought to be expunged resulted in an order of
14        qualified probation, successfully completed by the
15        petitioner, such records shall not be eligible for
16        expungement until 5 years have passed following the
17        satisfactory termination of the probation.
18        (3) Those records maintained by the Illinois State
19    Police for persons arrested prior to their 17th birthday
20    shall be expunged as provided in Section 5-915 of the
21    Juvenile Court Act of 1987.
22        (4) Whenever a person has been arrested for or
23    convicted of any offense, in the name of a person whose
24    identity he or she has stolen or otherwise come into
25    possession of, the aggrieved person from whom the identity
26    was stolen or otherwise obtained without authorization,

 

 

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1    upon learning of the person having been arrested using his
2    or her identity, may, upon verified petition to the chief
3    judge of the circuit wherein the arrest was made, have a
4    court order entered nunc pro tunc by the Chief Judge to
5    correct the arrest record, conviction record, if any, and
6    all official records of the arresting authority, the
7    Illinois State Police, other criminal justice agencies,
8    the prosecutor, and the trial court concerning such
9    arrest, if any, by removing his or her name from all such
10    records in connection with the arrest and conviction, if
11    any, and by inserting in the records the name of the
12    offender, if known or ascertainable, in lieu of the
13    aggrieved's name. The records of the circuit court clerk
14    shall be sealed until further order of the court upon good
15    cause shown and the name of the aggrieved person
16    obliterated on the official index required to be kept by
17    the circuit court clerk under Section 16 of the Clerks of
18    Courts Act, but the order shall not affect any index
19    issued by the circuit court clerk before the entry of the
20    order. Nothing in this Section shall limit the Illinois
21    State Police or other criminal justice agencies or
22    prosecutors from listing under an offender's name the
23    false names he or she has used.
24        (5) Whenever a person has been convicted of criminal
25    sexual assault, aggravated criminal sexual assault,
26    predatory criminal sexual assault of a child, criminal

 

 

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1    sexual abuse, or aggravated criminal sexual abuse, the
2    victim of that offense may request that the State's
3    Attorney of the county in which the conviction occurred
4    file a verified petition with the presiding trial judge at
5    the petitioner's trial to have a court order entered to
6    seal the records of the circuit court clerk in connection
7    with the proceedings of the trial court concerning that
8    offense. However, the records of the arresting authority
9    and the Illinois State Police concerning the offense shall
10    not be sealed. The court, upon good cause shown, shall
11    make the records of the circuit court clerk in connection
12    with the proceedings of the trial court concerning the
13    offense available for public inspection.
14        (6) If a conviction has been set aside on direct
15    review or on collateral attack and the court determines by
16    clear and convincing evidence that the petitioner was
17    factually innocent of the charge, the court that finds the
18    petitioner factually innocent of the charge shall enter an
19    expungement order for the conviction for which the
20    petitioner has been determined to be innocent as provided
21    in subsection (b) of Section 5-5-4 of the Unified Code of
22    Corrections.
23        (7) Nothing in this Section shall prevent the Illinois
24    State Police from maintaining all records of any person
25    who is admitted to probation upon terms and conditions and
26    who fulfills those terms and conditions pursuant to

 

 

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1    Section 10 of the Cannabis Control Act, Section 410 of the
2    Illinois Controlled Substances Act, Section 70 of the
3    Methamphetamine Control and Community Protection Act,
4    Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
5    Corrections, Section 12-4.3 or subdivision (b)(1) of
6    Section 12-3.05 of the Criminal Code of 1961 or the
7    Criminal Code of 2012, Section 10-102 of the Illinois
8    Alcoholism and Other Drug Dependency Act, Section 40-10 of
9    the Substance Use Disorder Act, or Section 10 of the
10    Steroid Control Act.
11        (8) If the petitioner has been granted a certificate
12    of innocence under Section 2-702 of the Code of Civil
13    Procedure, the court that grants the certificate of
14    innocence shall also enter an order expunging the
15    conviction for which the petitioner has been determined to
16    be innocent as provided in subsection (h) of Section 2-702
17    of the Code of Civil Procedure.
18    (c) Sealing.
19        (1) Applicability. Notwithstanding any other provision
20    of this Act to the contrary, and cumulative with any
21    rights to expungement of criminal records, this subsection
22    authorizes the sealing of criminal records of adults and
23    of minors prosecuted as adults. Subsection (g) of this
24    Section provides for immediate sealing of certain records.
25        (2) Eligible Records. The following records may be
26    sealed:

 

 

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1            (A) All arrests resulting in release without
2        charging;
3            (B) Arrests or charges not initiated by arrest
4        resulting in acquittal, dismissal, or conviction when
5        the conviction was reversed or vacated, except as
6        excluded by subsection (a)(3)(B);
7            (C) Arrests or charges not initiated by arrest
8        resulting in orders of supervision, including orders
9        of supervision for municipal ordinance violations,
10        successfully completed by the petitioner, unless
11        excluded by subsection (a)(3);
12            (D) Arrests or charges not initiated by arrest
13        resulting in convictions, including convictions on
14        municipal ordinance violations, unless excluded by
15        subsection (a)(3);
16            (E) Arrests or charges not initiated by arrest
17        resulting in orders of first offender probation under
18        Section 10 of the Cannabis Control Act, Section 410 of
19        the Illinois Controlled Substances Act, Section 70 of
20        the Methamphetamine Control and Community Protection
21        Act, or Section 5-6-3.3 of the Unified Code of
22        Corrections; and
23            (F) Arrests or charges not initiated by arrest
24        resulting in felony convictions unless otherwise
25        excluded by subsection (a) paragraph (3) of this
26        Section.

 

 

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1        (3) When Records Are Eligible to Be Sealed. Records
2    identified as eligible under subsection (c)(2) may be
3    sealed as follows:
4            (A) Records identified as eligible under
5        subsections subsection (c)(2)(A) and (c)(2)(B) may be
6        sealed at any time.
7            (B) Except as otherwise provided in subparagraph
8        (E) of this paragraph (3), records identified as
9        eligible under subsection (c)(2)(C) may be sealed 2
10        years after the termination of petitioner's last
11        sentence (as defined in subsection (a)(1)(F)).
12            (C) Except as otherwise provided in subparagraph
13        (E) of this paragraph (3), records identified as
14        eligible under subsections (c)(2)(D), (c)(2)(E), and
15        (c)(2)(F) may be sealed 3 years after the termination
16        of the petitioner's last sentence (as defined in
17        subsection (a)(1)(F)). Convictions requiring public
18        registration under the Arsonist Registration Act, the
19        Sex Offender Registration Act, or the Murderer and
20        Violent Offender Against Youth Registration Act may
21        not be sealed until the petitioner is no longer
22        required to register under that relevant Act.
23            (D) Records identified in subsection
24        (a)(3)(A)(iii) may be sealed after the petitioner has
25        reached the age of 25 years.
26            (E) Records identified as eligible under

 

 

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1        subsection subsections (c)(2)(C), (c)(2)(D),
2        (c)(2)(E), or (c)(2)(F) may be sealed upon termination
3        of the petitioner's last sentence if the petitioner
4        earned a high school diploma, associate's degree,
5        career certificate, vocational technical
6        certification, or bachelor's degree, or passed the
7        high school level Test of General Educational
8        Development, during the period of his or her sentence
9        or mandatory supervised release. This subparagraph
10        shall apply only to a petitioner who has not completed
11        the same educational goal prior to the period of his or
12        her sentence or mandatory supervised release. If a
13        petition for sealing eligible records filed under this
14        subparagraph is denied by the court, the time periods
15        under subparagraph (B) or (C) shall apply to any
16        subsequent petition for sealing filed by the
17        petitioner.
18        (4) Subsequent felony convictions. A person may not
19    have subsequent felony conviction records sealed as
20    provided in this subsection (c) if he or she is convicted
21    of any felony offense after the date of the sealing of
22    prior felony convictions as provided in this subsection
23    (c). The court may, upon conviction for a subsequent
24    felony offense, order the unsealing of prior felony
25    conviction records previously ordered sealed by the court.
26        (5) Notice of eligibility for sealing. Upon entry of a

 

 

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1    disposition for an eligible record under this subsection
2    (c), the petitioner shall be informed by the court of the
3    right to have the records sealed and the procedures for
4    the sealing of the records.
5    (d) Procedure. The following procedures apply to
6expungement under subsections (b), (e), and (e-6) and sealing
7under subsections (c) and (e-5):
8        (1) Filing the petition. Upon becoming eligible to
9    petition for the expungement or sealing of records under
10    this Section, the petitioner shall file a petition
11    requesting the expungement or sealing of records with the
12    clerk of the court where the arrests occurred or the
13    charges were brought, or both. If arrests occurred or
14    charges were brought in multiple jurisdictions, a petition
15    must be filed in each such jurisdiction. The petitioner
16    shall pay the applicable fee, except no fee shall be
17    required if the petitioner has obtained a court order
18    waiving fees under Supreme Court Rule 298 or it is
19    otherwise waived.
20        (1.5) County fee waiver pilot program. From August 9,
21    2019 (the effective date of Public Act 101-306) through
22    December 31, 2020, in a county of 3,000,000 or more
23    inhabitants, no fee shall be required to be paid by a
24    petitioner if the records sought to be expunged or sealed
25    were arrests resulting in release without charging or
26    arrests or charges not initiated by arrest resulting in

 

 

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1    acquittal, dismissal, or conviction when the conviction
2    was reversed or vacated, unless excluded by subsection
3    (a)(3)(B). The provisions of this paragraph (1.5), other
4    than this sentence, are inoperative on and after January
5    1, 2022.
6        (2) Contents of petition. The petition shall be
7    verified and shall contain the petitioner's name, date of
8    birth, current address and, for each arrest or charge not
9    initiated by arrest sought to be sealed or expunged, the
10    case number, the date of arrest (if any), the identity of
11    the arresting authority, and such other information as the
12    court may require. During the pendency of the proceeding,
13    the petitioner shall promptly notify the circuit court
14    clerk of any change of his or her address. If the
15    petitioner has received a certificate of eligibility for
16    sealing from the Prisoner Review Board under paragraph
17    (10) of subsection (a) of Section 3-3-2 of the Unified
18    Code of Corrections, the certificate shall be attached to
19    the petition.
20        (3) Drug test. The petitioner must attach to the
21    petition proof that the petitioner has taken within 30
22    days before the filing of the petition a test showing the
23    absence within his or her body of all illegal substances
24    as defined by the Illinois Controlled Substances Act and
25    the Methamphetamine Control and Community Protection Act
26    if he or she is petitioning to:

 

 

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1            (A) seal felony records under clause (c)(2)(E);
2            (B) seal felony records for a violation of the
3        Illinois Controlled Substances Act, the
4        Methamphetamine Control and Community Protection Act,
5        or the Cannabis Control Act under clause (c)(2)(F);
6            (C) seal felony records under subsection (e-5); or
7            (D) expunge felony records of a qualified
8        probation under clause (b)(1)(iv).
9        (4) Service of petition. The circuit court clerk shall
10    promptly serve a copy of the petition and documentation to
11    support the petition under subsection (e-5) or (e-6) on
12    the State's Attorney or prosecutor charged with the duty
13    of prosecuting the offense, the Illinois State Police, the
14    arresting agency and the chief legal officer of the unit
15    of local government effecting the arrest.
16        (5) Objections.
17            (A) Any party entitled to notice of the petition
18        may file an objection to the petition. All objections
19        shall be in writing, shall be filed with the circuit
20        court clerk, and shall state with specificity the
21        basis of the objection. Whenever a person who has been
22        convicted of an offense is granted a pardon by the
23        Governor which specifically authorizes expungement, an
24        objection to the petition may not be filed.
25            (B) Objections to a petition to expunge or seal
26        must be filed within 60 days of the date of service of

 

 

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1        the petition.
2        (6) Entry of order.
3            (A) The Chief Judge of the circuit wherein the
4        charge was brought, any judge of that circuit
5        designated by the Chief Judge, or in counties of less
6        than 3,000,000 inhabitants, the presiding trial judge
7        at the petitioner's trial, if any, shall rule on the
8        petition to expunge or seal as set forth in this
9        subsection (d)(6).
10            (B) Unless the State's Attorney or prosecutor, the
11        Illinois State Police, the arresting agency, or the
12        chief legal officer files an objection to the petition
13        to expunge or seal within 60 days from the date of
14        service of the petition, the court shall enter an
15        order granting or denying the petition.
16            (C) Notwithstanding any other provision of law,
17        the court shall not deny a petition for sealing under
18        this Section because the petitioner has not satisfied
19        an outstanding legal financial obligation established,
20        imposed, or originated by a court, law enforcement
21        agency, or a municipal, State, county, or other unit
22        of local government, including, but not limited to,
23        any cost, assessment, fine, or fee. An outstanding
24        legal financial obligation does not include any court
25        ordered restitution to a victim under Section 5-5-6 of
26        the Unified Code of Corrections, unless the

 

 

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1        restitution has been converted to a civil judgment.
2        Nothing in this subparagraph (C) waives, rescinds, or
3        abrogates a legal financial obligation or otherwise
4        eliminates or affects the right of the holder of any
5        financial obligation to pursue collection under
6        applicable federal, State, or local law.
7            (D) Notwithstanding any other provision of law,
8        the court shall not deny a petition to expunge or seal
9        under this Section because the petitioner has
10        submitted a drug test taken within 30 days before the
11        filing of the petition to expunge or seal that
12        indicates a positive test for the presence of cannabis
13        within the petitioner's body. In this subparagraph
14        (D), "cannabis" has the meaning ascribed to it in
15        Section 3 of the Cannabis Control Act.
16        (7) Hearings. If an objection is filed, the court
17    shall set a date for a hearing and notify the petitioner
18    and all parties entitled to notice of the petition of the
19    hearing date at least 30 days prior to the hearing. Prior
20    to the hearing, the State's Attorney shall consult with
21    the Illinois State Police as to the appropriateness of the
22    relief sought in the petition to expunge or seal. At the
23    hearing, the court shall hear evidence on whether the
24    petition should or should not be granted, and shall grant
25    or deny the petition to expunge or seal the records based
26    on the evidence presented at the hearing. The court may

 

 

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1    consider the following:
2            (A) the strength of the evidence supporting the
3        defendant's conviction;
4            (B) the reasons for retention of the conviction
5        records by the State;
6            (C) the petitioner's age, criminal record history,
7        and employment history;
8            (D) the period of time between the petitioner's
9        arrest on the charge resulting in the conviction and
10        the filing of the petition under this Section; and
11            (E) the specific adverse consequences the
12        petitioner may be subject to if the petition is
13        denied.
14        (8) Service of order. After entering an order to
15    expunge or seal records, the court must provide copies of
16    the order to the Illinois State Police, in a form and
17    manner prescribed by the Illinois State Police, to the
18    petitioner, to the State's Attorney or prosecutor charged
19    with the duty of prosecuting the offense, to the arresting
20    agency, to the chief legal officer of the unit of local
21    government effecting the arrest, and to such other
22    criminal justice agencies as may be ordered by the court.
23        (9) Implementation of order.
24            (A) Upon entry of an order to expunge records
25        pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
26        both:

 

 

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1                (i) the records shall be expunged (as defined
2            in subsection (a)(1)(E)) by the arresting agency,
3            the Illinois State Police, and any other agency as
4            ordered by the court, within 60 days of the date of
5            service of the order, unless a motion to vacate,
6            modify, or reconsider the order is filed pursuant
7            to paragraph (12) of subsection (d) of this
8            Section;
9                (ii) the records of the circuit court clerk
10            shall be impounded until further order of the
11            court upon good cause shown and the name of the
12            petitioner obliterated on the official index
13            required to be kept by the circuit court clerk
14            under Section 16 of the Clerks of Courts Act, but
15            the order shall not affect any index issued by the
16            circuit court clerk before the entry of the order;
17            and
18                (iii) in response to an inquiry for expunged
19            records, the court, the Illinois State Police, or
20            the agency receiving such inquiry, shall reply as
21            it does in response to inquiries when no records
22            ever existed.
23            (B) Upon entry of an order to expunge records
24        pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
25        both:
26                (i) the records shall be expunged (as defined

 

 

SB2582- 27 -LRB103 32575 LNS 62176 b

1            in subsection (a)(1)(E)) by the arresting agency
2            and any other agency as ordered by the court,
3            within 60 days of the date of service of the order,
4            unless a motion to vacate, modify, or reconsider
5            the order is filed pursuant to paragraph (12) of
6            subsection (d) of this 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                (iii) the records shall be impounded by the
16            Illinois State Police within 60 days of the date
17            of service of the order as ordered by the court,
18            unless a motion to vacate, modify, or reconsider
19            the order is filed pursuant to paragraph (12) of
20            subsection (d) of this Section;
21                (iv) records impounded by the Illinois State
22            Police may be disseminated by the Illinois State
23            Police only as required by law or to the arresting
24            authority, the State's Attorney, and the court
25            upon a later arrest for the same or a similar
26            offense or for the purpose of sentencing for any

 

 

SB2582- 28 -LRB103 32575 LNS 62176 b

1            subsequent felony, and to the Department of
2            Corrections upon conviction for any offense; and
3                (v) in response to an inquiry for such records
4            from anyone not authorized by law to access such
5            records, the court, the Illinois State Police, or
6            the agency receiving such inquiry shall reply as
7            it does in response to inquiries when no records
8            ever existed.
9            (B-5) Upon entry of an order to expunge records
10        under subsection (e-6):
11                (i) the records shall be expunged (as defined
12            in subsection (a)(1)(E)) by the arresting agency
13            and any other agency as ordered by the court,
14            within 60 days of the date of service of the order,
15            unless a motion to vacate, modify, or reconsider
16            the order is filed under paragraph (12) of
17            subsection (d) of this Section;
18                (ii) the records of the circuit court clerk
19            shall be impounded until further order of the
20            court upon good cause shown and the name of the
21            petitioner obliterated on the official index
22            required to be kept by the circuit court clerk
23            under Section 16 of the Clerks of Courts Act, but
24            the order shall not affect any index issued by the
25            circuit court clerk before the entry of the order;
26                (iii) the records shall be impounded by the

 

 

SB2582- 29 -LRB103 32575 LNS 62176 b

1            Illinois State Police within 60 days of the date
2            of service of the order as ordered by the court,
3            unless a motion to vacate, modify, or reconsider
4            the order is filed under paragraph (12) of
5            subsection (d) of this Section;
6                (iv) records impounded by the Illinois State
7            Police may be disseminated by the Illinois State
8            Police only as required by law or to the arresting
9            authority, the State's Attorney, and the court
10            upon a later arrest for the same or a similar
11            offense or for the purpose of sentencing for any
12            subsequent felony, and to the Department of
13            Corrections upon conviction for any offense; and
14                (v) in response to an inquiry for these
15            records from anyone not authorized by law to
16            access the records, the court, the Illinois State
17            Police, or the agency receiving the inquiry shall
18            reply as it does in response to inquiries when no
19            records ever existed.
20            (C) Upon entry of an order to seal records under
21        subsection (c), the arresting agency, any other agency
22        as ordered by the court, the Illinois State Police,
23        and the court shall seal the records (as defined in
24        subsection (a)(1)(K)). In response to an inquiry for
25        such records, from anyone not authorized by law to
26        access such records, the court, the Illinois State

 

 

SB2582- 30 -LRB103 32575 LNS 62176 b

1        Police, or the agency receiving such inquiry shall
2        reply as it does in response to inquiries when no
3        records ever existed.
4            (D) The Illinois State Police shall send written
5        notice to the petitioner of its compliance with each
6        order to expunge or seal records within 60 days of the
7        date of service of that order or, if a motion to
8        vacate, modify, or reconsider is filed, within 60 days
9        of service of the order resolving the motion, if that
10        order requires the Illinois State Police to expunge or
11        seal records. In the event of an appeal from the
12        circuit court order, the Illinois State Police shall
13        send written notice to the petitioner of its
14        compliance with an Appellate Court or Supreme Court
15        judgment to expunge or seal records within 60 days of
16        the issuance of the court's mandate. The notice is not
17        required while any motion to vacate, modify, or
18        reconsider, or any appeal or petition for
19        discretionary appellate review, is pending.
20            (E) Upon motion, the court may order that a sealed
21        judgment or other court record necessary to
22        demonstrate the amount of any legal financial
23        obligation due and owing be made available for the
24        limited purpose of collecting any legal financial
25        obligations owed by the petitioner that were
26        established, imposed, or originated in the criminal

 

 

SB2582- 31 -LRB103 32575 LNS 62176 b

1        proceeding for which those records have been sealed.
2        The records made available under this subparagraph (E)
3        shall not be entered into the official index required
4        to be kept by the circuit court clerk under Section 16
5        of the Clerks of Courts Act and shall be immediately
6        re-impounded upon the collection of the outstanding
7        financial obligations.
8            (F) Notwithstanding any other provision of this
9        Section, a circuit court clerk may access a sealed
10        record for the limited purpose of collecting payment
11        for any legal financial obligations that were
12        established, imposed, or originated in the criminal
13        proceedings for which those records have been sealed.
14        (10) Fees. The Illinois State Police may charge the
15    petitioner a fee equivalent to the cost of processing any
16    order to expunge or seal records. Notwithstanding any
17    provision of the Clerks of Courts Act to the contrary, the
18    circuit court clerk may charge a fee equivalent to the
19    cost associated with the sealing or expungement of records
20    by the circuit court clerk. From the total filing fee
21    collected for the petition to seal or expunge, the circuit
22    court clerk shall deposit $10 into the Circuit Court Clerk
23    Operation and Administrative Fund, to be used to offset
24    the costs incurred by the circuit court clerk in
25    performing the additional duties required to serve the
26    petition to seal or expunge on all parties. The circuit

 

 

SB2582- 32 -LRB103 32575 LNS 62176 b

1    court clerk shall collect and remit the Illinois State
2    Police portion of the fee to the State Treasurer and it
3    shall be deposited in the State Police Services Fund. If
4    the record brought under an expungement petition was
5    previously sealed under this Section, the fee for the
6    expungement petition for that same record shall be waived.
7        (11) Final Order. No court order issued under the
8    expungement or sealing provisions of this Section shall
9    become final for purposes of appeal until 30 days after
10    service of the order on the petitioner and all parties
11    entitled to notice of the petition.
12        (12) Motion to Vacate, Modify, or Reconsider. Under
13    Section 2-1203 of the Code of Civil Procedure, the
14    petitioner or any party entitled to notice may file a
15    motion to vacate, modify, or reconsider the order granting
16    or denying the petition to expunge or seal within 60 days
17    of service of the order. If filed more than 60 days after
18    service of the order, a petition to vacate, modify, or
19    reconsider shall comply with subsection (c) of Section
20    2-1401 of the Code of Civil Procedure. Upon filing of a
21    motion to vacate, modify, or reconsider, notice of the
22    motion shall be served upon the petitioner and all parties
23    entitled to notice of the petition.
24        (13) Effect of Order. An order granting a petition
25    under the expungement or sealing provisions of this
26    Section shall not be considered void because it fails to

 

 

SB2582- 33 -LRB103 32575 LNS 62176 b

1    comply with the provisions of this Section or because of
2    any error asserted in a motion to vacate, modify, or
3    reconsider. The circuit court retains jurisdiction to
4    determine whether the order is voidable and to vacate,
5    modify, or reconsider its terms based on a motion filed
6    under paragraph (12) of this subsection (d).
7        (14) Compliance with Order Granting Petition to Seal
8    Records. Unless a court has entered a stay of an order
9    granting a petition to seal, all parties entitled to
10    notice of the petition must fully comply with the terms of
11    the order within 60 days of service of the order even if a
12    party is seeking relief from the order through a motion
13    filed under paragraph (12) of this subsection (d) or is
14    appealing the order.
15        (15) Compliance with Order Granting Petition to
16    Expunge Records. While a party is seeking relief from the
17    order granting the petition to expunge through a motion
18    filed under paragraph (12) of this subsection (d) or is
19    appealing the order, and unless a court has entered a stay
20    of that order, the parties entitled to notice of the
21    petition must seal, but need not expunge, the records
22    until there is a final order on the motion for relief or,
23    in the case of an appeal, the issuance of that court's
24    mandate.
25        (16) The changes to this subsection (d) made by Public
26    Act 98-163 apply to all petitions pending on August 5,

 

 

SB2582- 34 -LRB103 32575 LNS 62176 b

1    2013 (the effective date of Public Act 98-163) and to all
2    orders ruling on a petition to expunge or seal on or after
3    August 5, 2013 (the effective date of Public Act 98-163).
4    (e) Whenever a person who has been convicted of an offense
5is granted a pardon by the Governor which specifically
6authorizes expungement, he or she may, upon verified petition
7to the Chief Judge of the circuit where the person had been
8convicted, any judge of the circuit designated by the Chief
9Judge, or in counties of less than 3,000,000 inhabitants, the
10presiding trial judge at the defendant's trial, have a court
11order entered expunging the record of arrest from the official
12records of the arresting authority and order that the records
13of the circuit court clerk and the Illinois State Police be
14sealed until further order of the court upon good cause shown
15or as otherwise provided herein, and the name of the defendant
16obliterated from the official index requested to be kept by
17the circuit court clerk under Section 16 of the Clerks of
18Courts Act in connection with the arrest and conviction for
19the offense for which he or she had been pardoned but the order
20shall not affect any index issued by the circuit court clerk
21before the entry of the order. All records sealed by the
22Illinois State Police may be disseminated by the Illinois
23State Police only to the arresting authority, the State's
24Attorney, and the court upon a later arrest for the same or
25similar offense or for the purpose of sentencing for any
26subsequent felony. Upon conviction for any subsequent offense,

 

 

SB2582- 35 -LRB103 32575 LNS 62176 b

1the Department of Corrections shall have access to all sealed
2records of the Illinois State Police pertaining to that
3individual. Upon entry of the order of expungement, the
4circuit court clerk shall promptly mail a copy of the order to
5the person who was pardoned.
6    (e-5) Whenever a person who has been convicted of an
7offense is granted a certificate of eligibility for sealing by
8the Prisoner Review Board which specifically authorizes
9sealing, he or she may, upon verified petition to the Chief
10Judge of the circuit where the person had been convicted, any
11judge of the circuit designated by the Chief Judge, or in
12counties of less than 3,000,000 inhabitants, the presiding
13trial judge at the petitioner's trial, have a court order
14entered sealing the record of arrest from the official records
15of the arresting authority and order that the records of the
16circuit court clerk and the Illinois State Police be sealed
17until further order of the court upon good cause shown or as
18otherwise provided herein, and the name of the petitioner
19obliterated from the official index requested to be kept by
20the circuit court clerk under Section 16 of the Clerks of
21Courts Act in connection with the arrest and conviction for
22the offense for which he or she had been granted the
23certificate but the order shall not affect any index issued by
24the circuit court clerk before the entry of the order. All
25records sealed by the Illinois State Police may be
26disseminated by the Illinois State Police only as required by

 

 

SB2582- 36 -LRB103 32575 LNS 62176 b

1this Act or to the arresting authority, a law enforcement
2agency, the State's Attorney, and the court upon a later
3arrest for the same or similar offense or for the purpose of
4sentencing for any subsequent felony. Upon conviction for any
5subsequent offense, the Department of Corrections shall have
6access to all sealed records of the Illinois State Police
7pertaining to that individual. Upon entry of the order of
8sealing, the circuit court clerk shall promptly mail a copy of
9the order to the person who was granted the certificate of
10eligibility for sealing.
11    (e-6) Whenever a person who has been convicted of an
12offense is granted a certificate of eligibility for
13expungement by the Prisoner Review Board which specifically
14authorizes expungement, he or she may, upon verified petition
15to the Chief Judge of the circuit where the person had been
16convicted, any judge of the circuit designated by the Chief
17Judge, or in counties of less than 3,000,000 inhabitants, the
18presiding trial judge at the petitioner's trial, have a court
19order entered expunging the record of arrest from the official
20records of the arresting authority and order that the records
21of the circuit court clerk and the Illinois State Police be
22sealed until further order of the court upon good cause shown
23or as otherwise provided herein, and the name of the
24petitioner obliterated from the official index requested to be
25kept by the circuit court clerk under Section 16 of the Clerks
26of Courts Act in connection with the arrest and conviction for

 

 

SB2582- 37 -LRB103 32575 LNS 62176 b

1the offense for which he or she had been granted the
2certificate but the order shall not affect any index issued by
3the circuit court clerk before the entry of the order. All
4records sealed by the Illinois State Police may be
5disseminated by the Illinois State Police only as required by
6this Act or to the arresting authority, a law enforcement
7agency, the State's Attorney, and the court upon a later
8arrest for the same or similar offense or for the purpose of
9sentencing for any subsequent felony. Upon conviction for any
10subsequent offense, the Department of Corrections shall have
11access to all expunged records of the Illinois State Police
12pertaining to that individual. Upon entry of the order of
13expungement, the circuit court clerk shall promptly mail a
14copy of the order to the person who was granted the certificate
15of eligibility for expungement.
16    (f) Subject to available funding, the Illinois Department
17of Corrections shall conduct a study of the impact of sealing,
18especially on employment and recidivism rates, utilizing a
19random sample of those who apply for the sealing of their
20criminal records under Public Act 93-211. At the request of
21the Illinois Department of Corrections, records of the
22Illinois Department of Employment Security shall be utilized
23as appropriate to assist in the study. The study shall not
24disclose any data in a manner that would allow the
25identification of any particular individual or employing unit.
26The study shall be made available to the General Assembly no

 

 

SB2582- 38 -LRB103 32575 LNS 62176 b

1later than September 1, 2010.
2    (g) Immediate Sealing.
3        (1) Applicability. Notwithstanding any other provision
4    of this Act to the contrary, and cumulative with any
5    rights to expungement or sealing of criminal records, this
6    subsection authorizes the immediate sealing of criminal
7    records of adults and of minors prosecuted as adults.
8        (2) Eligible Records. Arrests or charges not initiated
9    by arrest resulting in acquittal or dismissal with
10    prejudice, except as excluded by subsection (a)(3)(B),
11    that occur on or after January 1, 2018 (the effective date
12    of Public Act 100-282), may be sealed immediately if the
13    petition is filed with the circuit court clerk on the same
14    day and during the same hearing in which the case is
15    disposed.
16        (3) When Records are Eligible to be Immediately
17    Sealed. Eligible records under paragraph (2) of this
18    subsection (g) may be sealed immediately after entry of
19    the final disposition of a case, notwithstanding the
20    disposition of other charges in the same case.
21        (4) Notice of Eligibility for Immediate Sealing. Upon
22    entry of a disposition for an eligible record under this
23    subsection (g), the defendant shall be informed by the
24    court of his or her right to have eligible records
25    immediately sealed and the procedure for the immediate
26    sealing of these records.

 

 

SB2582- 39 -LRB103 32575 LNS 62176 b

1        (5) Procedure. The following procedures apply to
2    immediate sealing under this subsection (g).
3            (A) Filing the Petition. Upon entry of the final
4        disposition of the case, the defendant's attorney may
5        immediately petition the court, on behalf of the
6        defendant, for immediate sealing of eligible records
7        under paragraph (2) of this subsection (g) that are
8        entered on or after January 1, 2018 (the effective
9        date of Public Act 100-282). The immediate sealing
10        petition may be filed with the circuit court clerk
11        during the hearing in which the final disposition of
12        the case is entered. If the defendant's attorney does
13        not file the petition for immediate sealing during the
14        hearing, the defendant may file a petition for sealing
15        at any time as authorized under subsection (c)(3)(A).
16            (B) Contents of Petition. The immediate sealing
17        petition shall be verified and shall contain the
18        petitioner's name, date of birth, current address, and
19        for each eligible record, the case number, the date of
20        arrest if applicable, the identity of the arresting
21        authority if applicable, and other information as the
22        court may require.
23            (C) Drug Test. The petitioner shall not be
24        required to attach proof that he or she has passed a
25        drug test.
26            (D) Service of Petition. A copy of the petition

 

 

SB2582- 40 -LRB103 32575 LNS 62176 b

1        shall be served on the State's Attorney in open court.
2        The petitioner shall not be required to serve a copy of
3        the petition on any other agency.
4            (E) Entry of Order. The presiding trial judge
5        shall enter an order granting or denying the petition
6        for immediate sealing during the hearing in which it
7        is filed. Petitions for immediate sealing shall be
8        ruled on in the same hearing in which the final
9        disposition of the case is entered.
10            (F) Hearings. The court shall hear the petition
11        for immediate sealing on the same day and during the
12        same hearing in which the disposition is rendered.
13            (G) Service of Order. An order to immediately seal
14        eligible records shall be served in conformance with
15        subsection (d)(8).
16            (H) Implementation of Order. An order to
17        immediately seal records shall be implemented in
18        conformance with subsections (d)(9)(C) and (d)(9)(D).
19            (I) Fees. The fee imposed by the circuit court
20        clerk and the Illinois State Police shall comply with
21        paragraph (1) of subsection (d) of this Section.
22            (J) Final Order. No court order issued under this
23        subsection (g) shall become final for purposes of
24        appeal until 30 days after service of the order on the
25        petitioner and all parties entitled to service of the
26        order in conformance with subsection (d)(8).

 

 

SB2582- 41 -LRB103 32575 LNS 62176 b

1            (K) Motion to Vacate, Modify, or Reconsider. Under
2        Section 2-1203 of the Code of Civil Procedure, the
3        petitioner, State's Attorney, or the Illinois State
4        Police may file a motion to vacate, modify, or
5        reconsider the order denying the petition to
6        immediately seal within 60 days of service of the
7        order. If filed more than 60 days after service of the
8        order, a petition to vacate, modify, or reconsider
9        shall comply with subsection (c) of Section 2-1401 of
10        the Code of Civil Procedure.
11            (L) Effect of Order. An order granting an
12        immediate sealing petition shall not be considered
13        void because it fails to comply with the provisions of
14        this Section or because of an error asserted in a
15        motion to vacate, modify, or reconsider. The circuit
16        court retains jurisdiction to determine whether the
17        order is voidable, and to vacate, modify, or
18        reconsider its terms based on a motion filed under
19        subparagraph (L) of this subsection (g).
20            (M) Compliance with Order Granting Petition to
21        Seal Records. Unless a court has entered a stay of an
22        order granting a petition to immediately seal, all
23        parties entitled to service of the order must fully
24        comply with the terms of the order within 60 days of
25        service of the order.
26    (h) Sealing; trafficking victims.

 

 

SB2582- 42 -LRB103 32575 LNS 62176 b

1        (1) A trafficking victim as defined by paragraph (10)
2    of subsection (a) of Section 10-9 of the Criminal Code of
3    2012 shall be eligible to petition for immediate sealing
4    of his or her criminal record upon the completion of his or
5    her last sentence if his or her participation in the
6    underlying offense was a direct result of human
7    trafficking under Section 10-9 of the Criminal Code of
8    2012 or a severe form of trafficking under the federal
9    Trafficking Victims Protection Act.
10        (2) A petitioner under this subsection (h), in
11    addition to the requirements provided under paragraph (4)
12    of subsection (d) of this Section, shall include in his or
13    her petition a clear and concise statement that: (A) he or
14    she was a victim of human trafficking at the time of the
15    offense; and (B) that his or her participation in the
16    offense was a direct result of human trafficking under
17    Section 10-9 of the Criminal Code of 2012 or a severe form
18    of trafficking under the federal Trafficking Victims
19    Protection Act.
20        (3) If an objection is filed alleging that the
21    petitioner is not entitled to immediate sealing under this
22    subsection (h), the court shall conduct a hearing under
23    paragraph (7) of subsection (d) of this Section and the
24    court shall determine whether the petitioner is entitled
25    to immediate sealing under this subsection (h). A
26    petitioner is eligible for immediate relief under this

 

 

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1    subsection (h) if he or she shows, by a preponderance of
2    the evidence, that: (A) he or she was a victim of human
3    trafficking at the time of the offense; and (B) that his or
4    her participation in the offense was a direct result of
5    human trafficking under Section 10-9 of the Criminal Code
6    of 2012 or a severe form of trafficking under the federal
7    Trafficking Victims Protection Act.
8    (i) Minor Cannabis Offenses under the Cannabis Control
9Act.
10        (1) Expungement of Arrest Records of Minor Cannabis
11    Offenses.
12            (A) The Illinois State Police and all law
13        enforcement agencies within the State shall
14        automatically expunge all criminal history records of
15        an arrest, charge not initiated by arrest, order of
16        supervision, or order of qualified probation for a
17        Minor Cannabis Offense committed prior to June 25,
18        2019 (the effective date of Public Act 101-27) if:
19                (i) One year or more has elapsed since the
20            date of the arrest or law enforcement interaction
21            documented in the records; and
22                (ii) No criminal charges were filed relating
23            to the arrest or law enforcement interaction or
24            criminal charges were filed and subsequently
25            dismissed or vacated or the arrestee was
26            acquitted.

 

 

SB2582- 44 -LRB103 32575 LNS 62176 b

1            (B) If the law enforcement agency is unable to
2        verify satisfaction of condition (ii) in paragraph
3        (A), records that satisfy condition (i) in paragraph
4        (A) shall be automatically expunged.
5            (C) Records shall be expunged by the law
6        enforcement agency under the following timelines:
7                (i) Records created prior to June 25, 2019
8            (the effective date of Public Act 101-27), but on
9            or after January 1, 2013, shall be automatically
10            expunged prior to January 1, 2021;
11                (ii) Records created prior to January 1, 2013,
12            but on or after January 1, 2000, shall be
13            automatically expunged prior to January 1, 2023;
14                (iii) Records created prior to January 1, 2000
15            shall be automatically expunged prior to January
16            1, 2025.
17            In response to an inquiry for expunged records,
18        the law enforcement agency receiving such inquiry
19        shall reply as it does in response to inquiries when no
20        records ever existed; however, it shall provide a
21        certificate of disposition or confirmation that the
22        record was expunged to the individual whose record was
23        expunged if such a record exists.
24            (D) Nothing in this Section shall be construed to
25        restrict or modify an individual's right to have that
26        individual's records expunged except as otherwise may

 

 

SB2582- 45 -LRB103 32575 LNS 62176 b

1        be provided in this Act, or diminish or abrogate any
2        rights or remedies otherwise available to the
3        individual.
4        (2) Pardons Authorizing Expungement of Minor Cannabis
5    Offenses.
6            (A) Upon June 25, 2019 (the effective date of
7        Public Act 101-27), the Department of State Police
8        shall review all criminal history record information
9        and identify all records that meet all of the
10        following criteria:
11                (i) one or more convictions for a Minor
12            Cannabis Offense;
13                (ii) the conviction identified in paragraph
14            (2)(A)(i) did not include a penalty enhancement
15            under Section 7 of the Cannabis Control Act; and
16                (iii) the conviction identified in paragraph
17            (2)(A)(i) is not associated with a conviction for
18            a violent crime as defined in subsection (c) of
19            Section 3 of the Rights of Crime Victims and
20            Witnesses Act.
21            (B) Within 180 days after June 25, 2019 (the
22        effective date of Public Act 101-27), the Department
23        of State Police shall notify the Prisoner Review Board
24        of all such records that meet the criteria established
25        in paragraph (2)(A).
26                (i) The Prisoner Review Board shall notify the

 

 

SB2582- 46 -LRB103 32575 LNS 62176 b

1            State's Attorney of the county of conviction of
2            each record identified by State Police in
3            paragraph (2)(A) that is classified as a Class 4
4            felony. The State's Attorney may provide a written
5            objection to the Prisoner Review Board on the sole
6            basis that the record identified does not meet the
7            criteria established in paragraph (2)(A). Such an
8            objection must be filed within 60 days or by such
9            later date set by the Prisoner Review Board in the
10            notice after the State's Attorney received notice
11            from the Prisoner Review Board.
12                (ii) In response to a written objection from a
13            State's Attorney, the Prisoner Review Board is
14            authorized to conduct a non-public hearing to
15            evaluate the information provided in the
16            objection.
17                (iii) The Prisoner Review Board shall make a
18            confidential and privileged recommendation to the
19            Governor as to whether to grant a pardon
20            authorizing expungement for each of the records
21            identified by the Department of State Police as
22            described in paragraph (2)(A).
23            (C) If an individual has been granted a pardon
24        authorizing expungement as described in this Section,
25        the Prisoner Review Board, through the Attorney
26        General, shall file a petition for expungement with

 

 

SB2582- 47 -LRB103 32575 LNS 62176 b

1        the Chief Judge of the circuit or any judge of the
2        circuit designated by the Chief Judge where the
3        individual had been convicted. Such petition may
4        include more than one individual. Whenever an
5        individual who has been convicted of an offense is
6        granted a pardon by the Governor that specifically
7        authorizes expungement, an objection to the petition
8        may not be filed. Petitions to expunge under this
9        subsection (i) may include more than one individual.
10        Within 90 days of the filing of such a petition, the
11        court shall enter an order expunging the records of
12        arrest from the official records of the arresting
13        authority and order that the records of the circuit
14        court clerk and the Illinois State Police be expunged
15        and the name of the defendant obliterated from the
16        official index requested to be kept by the circuit
17        court clerk under Section 16 of the Clerks of Courts
18        Act in connection with the arrest and conviction for
19        the offense for which the individual had received a
20        pardon but the order shall not affect any index issued
21        by the circuit court clerk before the entry of the
22        order. Upon entry of the order of expungement, the
23        circuit court clerk shall promptly provide a copy of
24        the order and a certificate of disposition to the
25        individual who was pardoned to the individual's last
26        known address or by electronic means (if available) or

 

 

SB2582- 48 -LRB103 32575 LNS 62176 b

1        otherwise make it available to the individual upon
2        request.
3            (D) Nothing in this Section is intended to
4        diminish or abrogate any rights or remedies otherwise
5        available to the individual.
6        (3) Any individual may file a motion to vacate and
7    expunge a conviction for a misdemeanor or Class 4 felony
8    violation of Section 4 or Section 5 of the Cannabis
9    Control Act. Motions to vacate and expunge under this
10    subsection (i) may be filed with the circuit court, Chief
11    Judge of a judicial circuit or any judge of the circuit
12    designated by the Chief Judge. The circuit court clerk
13    shall promptly serve a copy of the motion to vacate and
14    expunge, and any supporting documentation, on the State's
15    Attorney or prosecutor charged with the duty of
16    prosecuting the offense. When considering such a motion to
17    vacate and expunge, a court shall consider the following:
18    the reasons to retain the records provided by law
19    enforcement, the petitioner's age, the petitioner's age at
20    the time of offense, the time since the conviction, and
21    the specific adverse consequences if denied. An individual
22    may file such a petition after the completion of any
23    non-financial sentence or non-financial condition imposed
24    by the conviction. Within 60 days of the filing of such
25    motion, a State's Attorney may file an objection to such a
26    petition along with supporting evidence. If a motion to

 

 

SB2582- 49 -LRB103 32575 LNS 62176 b

1    vacate and expunge is granted, the records shall be
2    expunged in accordance with subparagraphs (d)(8) and
3    (d)(9)(A) of this Section. An agency providing civil legal
4    aid, as defined by Section 15 of the Public Interest
5    Attorney Assistance Act, assisting individuals seeking to
6    file a motion to vacate and expunge under this subsection
7    may file motions to vacate and expunge with the Chief
8    Judge of a judicial circuit or any judge of the circuit
9    designated by the Chief Judge, and the motion may include
10    more than one individual. Motions filed by an agency
11    providing civil legal aid concerning more than one
12    individual may be prepared, presented, and signed
13    electronically.
14        (4) Any State's Attorney may file a motion to vacate
15    and expunge a conviction for a misdemeanor or Class 4
16    felony violation of Section 4 or Section 5 of the Cannabis
17    Control Act. Motions to vacate and expunge under this
18    subsection (i) may be filed with the circuit court, Chief
19    Judge of a judicial circuit or any judge of the circuit
20    designated by the Chief Judge, and may include more than
21    one individual. Motions filed by a State's Attorney
22    concerning more than one individual may be prepared,
23    presented, and signed electronically. When considering
24    such a motion to vacate and expunge, a court shall
25    consider the following: the reasons to retain the records
26    provided by law enforcement, the individual's age, the

 

 

SB2582- 50 -LRB103 32575 LNS 62176 b

1    individual's age at the time of offense, the time since
2    the conviction, and the specific adverse consequences if
3    denied. Upon entry of an order granting a motion to vacate
4    and expunge records pursuant to this Section, the State's
5    Attorney shall notify the Prisoner Review Board within 30
6    days. Upon entry of the order of expungement, the circuit
7    court clerk shall promptly provide a copy of the order and
8    a certificate of disposition to the individual whose
9    records will be expunged to the individual's last known
10    address or by electronic means (if available) or otherwise
11    make available to the individual upon request. If a motion
12    to vacate and expunge is granted, the records shall be
13    expunged in accordance with subparagraphs (d)(8) and
14    (d)(9)(A) of this Section.
15        (5) In the public interest, the State's Attorney of a
16    county has standing to file motions to vacate and expunge
17    pursuant to this Section in the circuit court with
18    jurisdiction over the underlying conviction.
19        (6) If a person is arrested for a Minor Cannabis
20    Offense as defined in this Section before June 25, 2019
21    (the effective date of Public Act 101-27) and the person's
22    case is still pending but a sentence has not been imposed,
23    the person may petition the court in which the charges are
24    pending for an order to summarily dismiss those charges
25    against him or her, and expunge all official records of
26    his or her arrest, plea, trial, conviction, incarceration,

 

 

SB2582- 51 -LRB103 32575 LNS 62176 b

1    supervision, or expungement. If the court determines, upon
2    review, that: (A) the person was arrested before June 25,
3    2019 (the effective date of Public Act 101-27) for an
4    offense that has been made eligible for expungement; (B)
5    the case is pending at the time; and (C) the person has not
6    been sentenced of the minor cannabis violation eligible
7    for expungement under this subsection, the court shall
8    consider the following: the reasons to retain the records
9    provided by law enforcement, the petitioner's age, the
10    petitioner's age at the time of offense, the time since
11    the conviction, and the specific adverse consequences if
12    denied. If a motion to dismiss and expunge is granted, the
13    records shall be expunged in accordance with subparagraph
14    (d)(9)(A) of this Section.
15        (7) A person imprisoned solely as a result of one or
16    more convictions for Minor Cannabis Offenses under this
17    subsection (i) shall be released from incarceration upon
18    the issuance of an order under this subsection.
19        (8) The Illinois State Police shall allow a person to
20    use the access and review process, established in the
21    Illinois State Police, for verifying that his or her
22    records relating to Minor Cannabis Offenses of the
23    Cannabis Control Act eligible under this Section have been
24    expunged.
25        (9) No conviction vacated pursuant to this Section
26    shall serve as the basis for damages for time unjustly

 

 

SB2582- 52 -LRB103 32575 LNS 62176 b

1    served as provided in the Court of Claims Act.
2        (10) Effect of Expungement. A person's right to
3    expunge an expungeable offense shall not be limited under
4    this Section. The effect of an order of expungement shall
5    be to restore the person to the status he or she occupied
6    before the arrest, charge, or conviction.
7        (11) Information. The Illinois State Police shall post
8    general information on its website about the expungement
9    process described in this subsection (i).
10    (j) Felony Prostitution Convictions.
11    (1) Automatic Expungement of Felony Prostitution Arrests.
12    (A) The Illinois State Police and local law enforcement
13agencies within the State shall automatically expunge the law
14enforcement records relating to a person's Class 4 felony
15arrests and charges not initiated by arrest for prostitution
16if that arrest or charge not initiated by arrest is eligible
17for expungement under paragraph (1) of subsection (b).
18    (B) In the absence of a court order or upon the order of a
19court, the clerk of the circuit court shall automatically
20expunge the court records and case files relating to a
21person's Class 4 felony arrests and charges not initiated by
22arrest for prostitution if that arrest or charge not initiated
23by arrest is eligible for expungement under paragraph (1) of
24subsection (b).
25    (C) The automatic expungements described in this paragraph
26(1) shall be completed no later than January 1, 2025.

 

 

SB2582- 53 -LRB103 32575 LNS 62176 b

1    (2) Automatic Sealing of Felony Prostitution Convictions.
2    (A) The Illinois State Police and local law enforcement
3agencies within the State shall automatically seal the law
4enforcement records relating to a person's Class 4 felony
5conviction for prostitution if those records are eligible for
6sealing under paragraph (2) of subsection (c).
7    (B) In the absence of a court order or upon the order of a
8court, the clerk of the circuit court shall automatically seal
9the court records relating to a person's Class 4 felony
10conviction for prostitution if those records are eligible for
11sealing under paragraph (2) of subsection (c).
12    (C) The automatic sealing of records described in this
13paragraph (2) shall be completed no later than January 1,
142025.
15    (3) Motions to Vacate and Expunge Felony Prostitution
16Convictions.
17            
18        (1) Any individual may file a motion to vacate and
19    expunge a conviction for a prior Class 4 felony violation
20    of prostitution. Motions to vacate and expunge under this
21    subsection (j) may be filed with the circuit court, Chief
22    Judge of a judicial circuit, or any judge of the circuit
23    designated by the Chief Judge. When considering the motion
24    to vacate and expunge, a court shall consider the
25    following:
26            (A) the reasons to retain the records provided by

 

 

SB2582- 54 -LRB103 32575 LNS 62176 b

1        law enforcement;
2            (B) the petitioner's age;
3            (C) the petitioner's age at the time of offense;
4        and
5            (D) the time since the conviction, and the
6        specific adverse consequences if denied. An individual
7        may file the petition after the completion of any
8        sentence or condition imposed by the conviction.
9        Within 60 days of the filing of the motion, a State's
10        Attorney may file an objection to the petition along
11        with supporting evidence. If a motion to vacate and
12        expunge is granted, the records shall be expunged in
13        accordance with subparagraph (d)(9)(A) of this
14        Section. An agency providing civil legal aid, as
15        defined in Section 15 of the Public Interest Attorney
16        Assistance Act, assisting individuals seeking to file
17        a motion to vacate and expunge under this subsection
18        may file motions to vacate and expunge with the Chief
19        Judge of a judicial circuit or any judge of the circuit
20        designated by the Chief Judge, and the motion may
21        include more than one individual.
22        (4) (2) Any State's Attorney may file a motion to
23    vacate and expunge a conviction for a Class 4 felony
24    violation of prostitution. Motions to vacate and expunge
25    under this subsection (j) may be filed with the circuit
26    court, Chief Judge of a judicial circuit, or any judge of

 

 

SB2582- 55 -LRB103 32575 LNS 62176 b

1    the circuit court designated by the Chief Judge, and may
2    include more than one individual. When considering the
3    motion to vacate and expunge, a court shall consider the
4    following reasons:
5            (A) the reasons to retain the records provided by
6        law enforcement;
7            (B) the petitioner's age;
8            (C) the petitioner's age at the time of offense;
9            (D) the time since the conviction; and
10            (E) the specific adverse consequences if denied.
11        If the State's Attorney files a motion to vacate and
12    expunge records for felony prostitution convictions
13    pursuant to this Section, the State's Attorney shall
14    notify the Prisoner Review Board within 30 days of the
15    filing. If a motion to vacate and expunge is granted, the
16    records shall be expunged in accordance with subparagraph
17    (d)(9)(A) of this Section.
18        (5) (3) In the public interest, the State's Attorney
19    of a county has standing to file motions to vacate and
20    expunge pursuant to this Section in the circuit court with
21    jurisdiction over the underlying conviction.
22        (6) (4) The Illinois State Police shall allow a person
23    to a use the access and review process, established in the
24    Illinois State Police, for verifying that his or her
25    records relating to felony prostitution eligible under
26    this Section have been expunged.

 

 

SB2582- 56 -LRB103 32575 LNS 62176 b

1        (7) (5) No conviction vacated pursuant to this Section
2    shall serve as the basis for damages for time unjustly
3    served as provided in the Court of Claims Act.
4        (8) (6) Effect of Expungement. A person's right to
5    expunge an expungeable offense shall not be limited under
6    this Section. The effect of an order of expungement shall
7    be to restore the person to the status he or she occupied
8    before the arrest, charge, or conviction.
9        (9) (7) Information. The Illinois State Police shall
10    post general information on its website about the
11    expungement or sealing process described in this
12    subsection (j).
13(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
14101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
1512-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
16102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff.
175-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
 
18    Section 100. The Sex Offender Management Board Act is
19amended by changing Section 10 as follows:
 
20    (20 ILCS 4026/10)
21    Sec. 10. Definitions. In this Act, unless the context
22otherwise requires:
23    (a) "Board" means the Sex Offender Management Board
24created in Section 15.

 

 

SB2582- 57 -LRB103 32575 LNS 62176 b

1    (b) "Sex offender" means any person who is convicted or
2found delinquent in the State of Illinois, or under any
3substantially similar federal law or law of another state, of
4any sex offense or attempt of a sex offense as defined in
5subsection (c) of this Section, or any former statute of this
6State that defined a felony sex offense, or who has been
7declared as a sexually dangerous person under the Sexually
8Dangerous Persons Act or declared a sexually violent person
9under the Sexually Violent Persons Commitment Act, or any
10substantially similar federal law or law of another state.
11    (c) "Sex offense" means any felony or misdemeanor offense
12described in this subsection (c) as follows:
13        (1) indecent solicitation of a child, in violation of
14    Section 11-6 of the Criminal Code of 1961 or the Criminal
15    Code of 2012;
16        (2) indecent solicitation of an adult, in violation of
17    Section 11-6.5 of the Criminal Code of 1961 or the
18    Criminal Code of 2012;
19        (3) public indecency, in violation of Section 11-9 or
20    11-30 of the Criminal Code of 1961 or the Criminal Code of
21    2012;
22        (4) sexual exploitation of a child, in violation of
23    Section 11-9.1 of the Criminal Code of 1961 or the
24    Criminal Code of 2012;
25        (5) sexual relations within families, in violation of
26    Section 11-11 of the Criminal Code of 1961 or the Criminal

 

 

SB2582- 58 -LRB103 32575 LNS 62176 b

1    Code of 2012;
2        (6) promoting commercial sexual exploitation of a
3    child juvenile prostitution or soliciting for a sexually
4    exploited child juvenile prostitute, in violation of
5    Section 11-14.4 or 11-15.1 of the Criminal Code of 1961 or
6    the Criminal Code of 2012;
7        (7) promoting commercial sexual exploitation of a
8    child juvenile prostitution or keeping a place of
9    commercial sexual exploitation of a child juvenile
10    prostitution, in violation of Section 11-14.4 or 11-17.1
11    of the Criminal Code of 1961 or the Criminal Code of 2012;
12        (8) patronizing a sexually exploited child juvenile
13    prostitute, in violation of Section 11-18.1 of the
14    Criminal Code of 1961 or the Criminal Code of 2012;
15        (9) promoting commercial sexual exploitation of a
16    child juvenile prostitution or juvenile pimping, in
17    violation of Section 11-14.4 or 11-19.1 of the Criminal
18    Code of 1961 or the Criminal Code of 2012;
19        (10) promoting commercial sexual exploitation of a
20    child juvenile prostitution or exploitation of a child, in
21    violation of Section 11-14.4 or 11-19.2 of the Criminal
22    Code of 1961 or the Criminal Code of 2012;
23        (11) child pornography, in violation of Section
24    11-20.1 of the Criminal Code of 1961 or the Criminal Code
25    of 2012;
26        (11.5) aggravated child pornography, in violation of

 

 

SB2582- 59 -LRB103 32575 LNS 62176 b

1    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
2        (12) harmful material, in violation of Section 11-21
3    of the Criminal Code of 1961 or the Criminal Code of 2012;
4        (13) criminal sexual assault, in violation of Section
5    11-1.20 or 12-13 of the Criminal Code of 1961 or the
6    Criminal Code of 2012;
7        (13.5) grooming, in violation of Section 11-25 of the
8    Criminal Code of 1961 or the Criminal Code of 2012;
9        (14) aggravated criminal sexual assault, in violation
10    of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
11    the Criminal Code of 2012;
12        (14.5) traveling to meet a minor or traveling to meet
13    a child, in violation of Section 11-26 of the Criminal
14    Code of 1961 or the Criminal Code of 2012;
15        (15) predatory criminal sexual assault of a child, in
16    violation of Section 11-1.40 or 12-14.1 of the Criminal
17    Code of 1961 or the Criminal Code of 2012;
18        (16) criminal sexual abuse, in violation of Section
19    11-1.50 or 12-15 of the Criminal Code of 1961 or the
20    Criminal Code of 2012;
21        (17) aggravated criminal sexual abuse, in violation of
22    Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
23    the Criminal Code of 2012;
24        (18) ritualized abuse of a child, in violation of
25    Section 12-33 of the Criminal Code of 1961 or the Criminal
26    Code of 2012;

 

 

SB2582- 60 -LRB103 32575 LNS 62176 b

1        (19) an attempt to commit any of the offenses
2    enumerated in this subsection (c); or
3        (20) any felony offense under Illinois law that is
4    sexually motivated.
5    (d) "Management" means treatment, and supervision of any
6sex offender that conforms to the standards created by the
7Board under Section 15.
8    (e) "Sexually motivated" means one or more of the facts of
9the underlying offense indicates conduct that is of a sexual
10nature or that shows an intent to engage in behavior of a
11sexual nature.
12    (f) "Sex offender evaluator" means a person licensed under
13the Sex Offender Evaluation and Treatment Provider Act to
14conduct sex offender evaluations.
15    (g) "Sex offender treatment provider" means a person
16licensed under the Sex Offender Evaluation and Treatment
17Provider Act to provide sex offender treatment services.
18    (h) "Associate sex offender provider" means a person
19licensed under the Sex Offender Evaluation and Treatment
20Provider Act to provide sex offender evaluations and to
21provide sex offender treatment under the supervision of a
22licensed sex offender evaluator or a licensed sex offender
23treatment provider.
24(Source: P.A. 100-428, eff. 1-1-18.)
 
25    Section 105. The Counties Code is amended by changing

 

 

SB2582- 61 -LRB103 32575 LNS 62176 b

1Section 5-10008 as follows:
 
2    (55 ILCS 5/5-10008)  (from Ch. 34, par. 5-10008)
3    Sec. 5-10008. Prohibited persons. It shall be unlawful for
4any known person engaged in the sex trade prostitute, male or
5female procurer, vagrant, or intoxicated person to be present
6at any dance hall or road house licensed under this Division.
7(Source: P.A. 86-962.)
 
8    Section 110. The Private Employment Agency Act is amended
9by changing Section 10 as follows:
 
10    (225 ILCS 515/10)  (from Ch. 111, par. 910)
11    Sec. 10. Licensee prohibitions. No licensee shall send or
12cause to be sent any female help or servants, inmate, or
13performer to enter any questionable place, or place of bad
14repute, house of ill-fame, or assignation house, or to any
15house or place of amusement kept for immoral purposes, or
16place resorted to for the purpose of prostitution or gambling
17house, the character of which licensee knows either actually
18or by reputation.
19    No licensee shall permit questionable characters, persons
20engaged in the sex trade prostitutes, gamblers, intoxicated
21persons, or procurers to frequent the agency.
22    No licensee shall accept any application for employment
23made by or on behalf of any child, or shall place or assist in

 

 

SB2582- 62 -LRB103 32575 LNS 62176 b

1placing any such child in any employment whatever, in
2violation of the Child Labor Law. A violation of any provision
3of this Section shall be a Class A misdemeanor.
4    No licensee shall publish or cause to be published any
5fraudulent or misleading notice or advertisement of its
6employment agencies by means of cards, circulars, or signs, or
7in newspapers or other publications; and all letterheads,
8receipts, and blanks shall contain the full name and address
9of the employment agency and licensee shall state in all
10notices and advertisements the fact that licensee is, or
11conducts, a private employment agency.
12    No licensee shall print, publish, or paint on any sign or
13window, or insert in any newspaper or publication, a name
14similar to that of the Illinois Public Employment Office.
15    No licensee shall print or stamp on any receipt or on any
16contract used by that agency any part of this Act, unless the
17entire Section from which that part is taken is printed or
18stamped thereon.
19    All written communications sent out by any licensee,
20directly or indirectly, to any person or firm with regard to
21employees or employment shall contain therein definite
22information that such person is a private employment agency.
23    No licensee or his or her employees shall knowingly give
24any false or misleading information, or make any false or
25misleading promise to any applicant who shall apply for
26employment or employees.

 

 

SB2582- 63 -LRB103 32575 LNS 62176 b

1(Source: P.A. 90-372, eff. 7-1-98.)
 
2    Section 115. The Liquor Control Act of 1934 is amended by
3changing Section 6-2 as follows:
 
4    (235 ILCS 5/6-2)  (from Ch. 43, par. 120)
5    Sec. 6-2. Issuance of licenses to certain persons
6prohibited.
7    (a) Except as otherwise provided in subsection (b) of this
8Section and in paragraph (1) of subsection (a) of Section
93-12, no license of any kind issued by the State Commission or
10any local commission shall be issued to:
11        (1) A person who is not a resident of any city, village
12    or county in which the premises covered by the license are
13    located; except in case of railroad or boat licenses.
14        (2) A person who is not of good character and
15    reputation in the community in which he resides.
16        (3) (Blank).
17        (4) A person who has been convicted of a felony under
18    any Federal or State law, unless the Commission determines
19    that such person will not be impaired by the conviction in
20    engaging in the licensed practice after considering
21    matters set forth in such person's application in
22    accordance with Section 6-2.5 of this Act and the
23    Commission's investigation.
24        (5) A person who has been convicted of keeping a place

 

 

SB2582- 64 -LRB103 32575 LNS 62176 b

1    of prostitution or keeping a place of commercial sexual
2    exploitation of a child juvenile prostitution, promoting
3    prostitution that involves keeping a place of
4    prostitution, or promoting commercial sexual exploitation
5    of a child juvenile prostitution that involves keeping a
6    place of commercial sexual exploitation of a child
7    juvenile prostitution.
8        (6) A person who has been convicted of pandering.
9        (7) A person whose license issued under this Act has
10    been revoked for cause.
11        (8) A person who at the time of application for
12    renewal of any license issued hereunder would not be
13    eligible for such license upon a first application.
14        (9) A copartnership, if any general partnership
15    thereof, or any limited partnership thereof, owning more
16    than 5% of the aggregate limited partner interest in such
17    copartnership would not be eligible to receive a license
18    hereunder for any reason other than residence within the
19    political subdivision, unless residency is required by
20    local ordinance.
21        (10) A corporation or limited liability company, if
22    any member, officer, manager or director thereof, or any
23    stockholder or stockholders owning in the aggregate more
24    than 5% of the stock of such corporation, would not be
25    eligible to receive a license hereunder for any reason
26    other than residence within the political subdivision.

 

 

SB2582- 65 -LRB103 32575 LNS 62176 b

1        (10a) A corporation or limited liability company
2    unless it is incorporated or organized in Illinois, or
3    unless it is a foreign corporation or foreign limited
4    liability company which is qualified under the Business
5    Corporation Act of 1983 or the Limited Liability Company
6    Act to transact business in Illinois. The Commission shall
7    permit and accept from an applicant for a license under
8    this Act proof prepared from the Secretary of State's
9    website that the corporation or limited liability company
10    is in good standing and is qualified under the Business
11    Corporation Act of 1983 or the Limited Liability Company
12    Act to transact business in Illinois.
13        (11) A person whose place of business is conducted by
14    a manager or agent unless the manager or agent possesses
15    the same qualifications required by the licensee.
16        (12) A person who has been convicted of a violation of
17    any Federal or State law concerning the manufacture,
18    possession or sale of alcoholic liquor, subsequent to the
19    passage of this Act or has forfeited his bond to appear in
20    court to answer charges for any such violation, unless the
21    Commission determines, in accordance with Section 6-2.5 of
22    this Act, that the person will not be impaired by the
23    conviction in engaging in the licensed practice.
24        (13) A person who does not beneficially own the
25    premises for which a license is sought, or does not have a
26    lease thereon for the full period for which the license is

 

 

SB2582- 66 -LRB103 32575 LNS 62176 b

1    to be issued.
2        (14) Any law enforcing public official, including
3    members of local liquor control commissions, any mayor,
4    alderperson, or member of the city council or commission,
5    any president of the village board of trustees, any member
6    of a village board of trustees, or any president or member
7    of a county board; and no such official shall have a direct
8    interest in the manufacture, sale, or distribution of
9    alcoholic liquor, except that a license may be granted to
10    such official in relation to premises that are not located
11    within the territory subject to the jurisdiction of that
12    official if the issuance of such license is approved by
13    the State Liquor Control Commission and except that a
14    license may be granted, in a city or village with a
15    population of 55,000 or less, to any alderperson, member
16    of a city council, or member of a village board of trustees
17    in relation to premises that are located within the
18    territory subject to the jurisdiction of that official if
19    (i) the sale of alcoholic liquor pursuant to the license
20    is incidental to the selling of food, (ii) the issuance of
21    the license is approved by the State Commission, (iii) the
22    issuance of the license is in accordance with all
23    applicable local ordinances in effect where the premises
24    are located, and (iv) the official granted a license does
25    not vote on alcoholic liquor issues pending before the
26    board or council to which the license holder is elected.

 

 

SB2582- 67 -LRB103 32575 LNS 62176 b

1    Notwithstanding any provision of this paragraph (14) to
2    the contrary, an alderperson or member of a city council
3    or commission, a member of a village board of trustees
4    other than the president of the village board of trustees,
5    or a member of a county board other than the president of a
6    county board may have a direct interest in the
7    manufacture, sale, or distribution of alcoholic liquor as
8    long as he or she is not a law enforcing public official, a
9    mayor, a village board president, or president of a county
10    board. To prevent any conflict of interest, the elected
11    official with the direct interest in the manufacture,
12    sale, or distribution of alcoholic liquor shall not
13    participate in any meetings, hearings, or decisions on
14    matters impacting the manufacture, sale, or distribution
15    of alcoholic liquor. Furthermore, the mayor of a city with
16    a population of 55,000 or less or the president of a
17    village with a population of 55,000 or less may have an
18    interest in the manufacture, sale, or distribution of
19    alcoholic liquor as long as the council or board over
20    which he or she presides has made a local liquor control
21    commissioner appointment that complies with the
22    requirements of Section 4-2 of this Act.
23        (15) A person who is not a beneficial owner of the
24    business to be operated by the licensee.
25        (16) A person who has been convicted of a gambling
26    offense as proscribed by any of subsections (a) (3)

 

 

SB2582- 68 -LRB103 32575 LNS 62176 b

1    through (a) (11) of Section 28-1 of, or as proscribed by
2    Section 28-1.1 or 28-3 of, the Criminal Code of 1961 or the
3    Criminal Code of 2012, or as proscribed by a statute
4    replaced by any of the aforesaid statutory provisions.
5        (17) A person or entity to whom a federal wagering
6    stamp has been issued by the federal government, unless
7    the person or entity is eligible to be issued a license
8    under the Raffles and Poker Runs Act or the Illinois Pull
9    Tabs and Jar Games Act.
10        (18) A person who intends to sell alcoholic liquors
11    for use or consumption on his or her licensed retail
12    premises who does not have liquor liability insurance
13    coverage for that premises in an amount that is at least
14    equal to the maximum liability amounts set out in
15    subsection (a) of Section 6-21.
16        (19) A person who is licensed by any licensing
17    authority as a manufacturer of beer, 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 as a manufacturer of beer,
21    having any legal, equitable, or beneficial interest,
22    directly or indirectly, in a person licensed in this State
23    as a distributor or importing distributor. For purposes of
24    this paragraph (19), a person who is licensed by any
25    licensing authority as a "manufacturer of beer" shall also
26    mean a brewer and a non-resident dealer who is also a

 

 

SB2582- 69 -LRB103 32575 LNS 62176 b

1    manufacturer of beer, including a partnership,
2    corporation, limited liability company, or trust or any
3    subsidiary, affiliate, or agent thereof, or any other form
4    of business enterprise licensed as a manufacturer of beer.
5        (20) A person who is licensed in this State as a
6    distributor or importing distributor, or any partnership,
7    corporation, limited liability company, or trust or any
8    subsidiary, affiliate, or agent thereof, or any other form
9    of business enterprise licensed in this State as a
10    distributor or importing distributor having any legal,
11    equitable, or beneficial interest, directly or indirectly,
12    in a person licensed as a manufacturer of beer by any
13    licensing authority, or any partnership, corporation,
14    limited liability company, or trust or any subsidiary,
15    affiliate, or agent thereof, or any other form of business
16    enterprise, except for a person who owns, on or after the
17    effective date of this amendatory Act of the 98th General
18    Assembly, no more than 5% of the outstanding shares of a
19    manufacturer of beer whose shares are publicly traded on
20    an exchange within the meaning of the Securities Exchange
21    Act of 1934. For the purposes of this paragraph (20), a
22    person who is licensed by any licensing authority as a
23    "manufacturer of beer" shall also mean a brewer and a
24    non-resident dealer who is also a manufacturer of beer,
25    including a partnership, corporation, limited liability
26    company, or trust or any subsidiary, affiliate, or agent

 

 

SB2582- 70 -LRB103 32575 LNS 62176 b

1    thereof, or any other form of business enterprise licensed
2    as a manufacturer of beer.
3    (b) A criminal conviction of a corporation is not grounds
4for the denial, suspension, or revocation of a license applied
5for or held by the corporation if the criminal conviction was
6not the result of a violation of any federal or State law
7concerning the manufacture, possession or sale of alcoholic
8liquor, the offense that led to the conviction did not result
9in any financial gain to the corporation and the corporation
10has terminated its relationship with each director, officer,
11employee, or controlling shareholder whose actions directly
12contributed to the conviction of the corporation. The
13Commission shall determine if all provisions of this
14subsection (b) have been met before any action on the
15corporation's license is initiated.
16(Source: P.A. 101-541, eff. 8-23-19; 102-15, eff. 6-17-21.)
 
17    Section 120. The Intergovernmental Missing Child Recovery
18Act of 1984 is amended by changing Section 2 as follows:
 
19    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
20    Sec. 2. As used in this Act:
21    (a) (Blank).
22    (b) "Director" means the Director of the Illinois State
23Police.
24    (c) "Unit of local government" is defined as in Article

 

 

SB2582- 71 -LRB103 32575 LNS 62176 b

1VII, Section 1 of the Illinois Constitution and includes both
2home rule units and units which are not home rule units. The
3term is also defined to include all public school districts
4subject to the provisions of the School Code.
5    (d) "Child" means a person under 21 years of age.
6    (e) A "LEADS terminal" is an interactive computerized
7communication and processing unit which permits a direct
8on-line communication with the Illinois State Police's central
9data repository, the Law Enforcement Agencies Data System
10(LEADS).
11    (f) A "primary contact agency" means a law enforcement
12agency which maintains a LEADS terminal, or has immediate
13access to one on a 24-hour-per-day, 7-day-per-week basis by
14written agreement with another law enforcement agency.
15    (g) (Blank).
16    (h) "Missing child" means any person under 21 years of age
17whose whereabouts are unknown to his or her parents or legal
18guardian.
19    (i) "Exploitation" means activities and actions which
20include, but are not limited to, child pornography, aggravated
21child pornography, commercial sexual exploitation of a child
22child prostitution, child sexual abuse, drug and substance
23abuse by children, and child suicide.
24    (j) (Blank).
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

SB2582- 72 -LRB103 32575 LNS 62176 b

1    Section 125. The Illinois Vehicle Code is amended by
2changing Section 6-206 as follows:
 
3    (625 ILCS 5/6-206)
4    (Text of Section before amendment by P.A. 102-982)
5    Sec. 6-206. Discretionary authority to suspend or revoke
6license or permit; right to a hearing.
7    (a) The Secretary of State is authorized to suspend or
8revoke the driving privileges of any person without
9preliminary hearing upon a showing of the person's records or
10other sufficient evidence that the person:
11        1. Has committed an offense for which mandatory
12    revocation of a driver's license or permit is required
13    upon conviction;
14        2. Has been convicted of not less than 3 offenses
15    against traffic regulations governing the movement of
16    vehicles committed within any 12-month period. No
17    revocation or suspension shall be entered more than 6
18    months after the date of last conviction;
19        3. Has been repeatedly involved as a driver in motor
20    vehicle collisions or has been repeatedly convicted of
21    offenses against laws and ordinances regulating the
22    movement of traffic, to a degree that indicates lack of
23    ability to exercise ordinary and reasonable care in the
24    safe operation of a motor vehicle or disrespect for the
25    traffic laws and the safety of other persons upon the

 

 

SB2582- 73 -LRB103 32575 LNS 62176 b

1    highway;
2        4. Has by the unlawful operation of a motor vehicle
3    caused or contributed to an accident resulting in injury
4    requiring immediate professional treatment in a medical
5    facility or doctor's office to any person, except that any
6    suspension or revocation imposed by the Secretary of State
7    under the provisions of this subsection shall start no
8    later than 6 months after being convicted of violating a
9    law or ordinance regulating the movement of traffic, which
10    violation is related to the accident, or shall start not
11    more than one year after the date of the accident,
12    whichever date occurs later;
13        5. Has permitted an unlawful or fraudulent use of a
14    driver's license, identification card, or permit;
15        6. Has been lawfully convicted of an offense or
16    offenses in another state, including the authorization
17    contained in Section 6-203.1, which if committed within
18    this State would be grounds for suspension or revocation;
19        7. Has refused or failed to submit to an examination
20    provided for by Section 6-207 or has failed to pass the
21    examination;
22        8. Is ineligible for a driver's license or permit
23    under the provisions of Section 6-103;
24        9. Has made a false statement or knowingly concealed a
25    material fact or has used false information or
26    identification in any application for a license,

 

 

SB2582- 74 -LRB103 32575 LNS 62176 b

1    identification card, or permit;
2        10. Has possessed, displayed, or attempted to
3    fraudulently use any license, identification card, or
4    permit not issued to the person;
5        11. Has operated a motor vehicle upon a highway of
6    this State when the person's driving privilege or
7    privilege to obtain a driver's license or permit was
8    revoked or suspended unless the operation was authorized
9    by a monitoring device driving permit, judicial driving
10    permit issued prior to January 1, 2009, probationary
11    license to drive, or restricted driving permit issued
12    under this Code;
13        12. Has submitted to any portion of the application
14    process for another person or has obtained the services of
15    another person to submit to any portion of the application
16    process for the purpose of obtaining a license,
17    identification card, or permit for some other person;
18        13. Has operated a motor vehicle upon a highway of
19    this State when the person's driver's license or permit
20    was invalid under the provisions of Sections 6-107.1 and
21    6-110;
22        14. Has committed a violation of Section 6-301,
23    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
24    14B of the Illinois Identification Card Act or a similar
25    offense in another state if, at the time of the offense,
26    the person held an Illinois driver's license or

 

 

SB2582- 75 -LRB103 32575 LNS 62176 b

1    identification card;
2        15. Has been convicted of violating Section 21-2 of
3    the Criminal Code of 1961 or the Criminal Code of 2012
4    relating to criminal trespass to vehicles if the person
5    exercised actual physical control over the vehicle during
6    the commission of the offense, in which case the
7    suspension shall be for one year;
8        16. Has been convicted of violating Section 11-204 of
9    this Code relating to fleeing from a peace officer;
10        17. Has refused to submit to a test, or tests, as
11    required under Section 11-501.1 of this Code and the
12    person has not sought a hearing as provided for in Section
13    11-501.1;
14        18. (Blank);
15        19. Has committed a violation of paragraph (a) or (b)
16    of Section 6-101 relating to driving without a driver's
17    license;
18        20. Has been convicted of violating Section 6-104
19    relating to classification of driver's license;
20        21. Has been convicted of violating Section 11-402 of
21    this Code relating to leaving the scene of an accident
22    resulting in damage to a vehicle in excess of $1,000, in
23    which case the suspension shall be for one year;
24        22. Has used a motor vehicle in violating paragraph
25    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
26    the Criminal Code of 1961 or the Criminal Code of 2012

 

 

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1    relating to unlawful use of weapons, in which case the
2    suspension shall be for one year;
3        23. Has, as a driver, been convicted of committing a
4    violation of paragraph (a) of Section 11-502 of this Code
5    for a second or subsequent time within one year of a
6    similar violation;
7        24. Has been convicted by a court-martial or punished
8    by non-judicial punishment by military authorities of the
9    United States at a military installation in Illinois or in
10    another state of or for a traffic-related offense that is
11    the same as or similar to an offense specified under
12    Section 6-205 or 6-206 of this Code;
13        25. Has permitted any form of identification to be
14    used by another in the application process in order to
15    obtain or attempt to obtain a license, identification
16    card, or permit;
17        26. Has altered or attempted to alter a license or has
18    possessed an altered license, identification card, or
19    permit;
20        27. (Blank);
21        28. Has been convicted for a first time of the illegal
22    possession, while operating or in actual physical control,
23    as a driver, of a motor vehicle, of any controlled
24    substance prohibited under the Illinois Controlled
25    Substances Act, any cannabis prohibited under the Cannabis
26    Control Act, or any methamphetamine prohibited under the

 

 

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1    Methamphetamine Control and Community Protection Act, in
2    which case the person's driving privileges shall be
3    suspended for one year. Any defendant found guilty of this
4    offense while operating a motor vehicle shall have an
5    entry made in the court record by the presiding judge that
6    this offense did occur while the defendant was operating a
7    motor vehicle and order the clerk of the court to report
8    the violation to the Secretary of State;
9        29. Has been convicted of the following offenses that
10    were committed while the person was operating or in actual
11    physical control, as a driver, of a motor vehicle:
12    criminal sexual assault, predatory criminal sexual assault
13    of a child, aggravated criminal sexual assault, criminal
14    sexual abuse, aggravated criminal sexual abuse, juvenile
15    pimping, soliciting for a sexually exploited child
16    juvenile prostitute, promoting commercial sexual
17    exploitation of a child juvenile prostitution as described
18    in subdivision (a)(1), (a)(2), or (a)(3) of Section
19    11-14.4 of the Criminal Code of 1961 or the Criminal Code
20    of 2012, and the manufacture, sale or delivery of
21    controlled substances or instruments used for illegal drug
22    use or abuse in which case the driver's driving privileges
23    shall be suspended for one year;
24        30. Has been convicted a second or subsequent time for
25    any combination of the offenses named in paragraph 29 of
26    this subsection, in which case the person's driving

 

 

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1    privileges shall be suspended for 5 years;
2        31. Has refused to submit to a test as required by
3    Section 11-501.6 of this Code or Section 5-16c of the Boat
4    Registration and Safety Act or has submitted to a test
5    resulting in an alcohol concentration of 0.08 or more or
6    any amount of a drug, substance, or compound resulting
7    from the unlawful use or consumption of cannabis as listed
8    in the Cannabis Control Act, a controlled substance as
9    listed in the Illinois Controlled Substances Act, an
10    intoxicating compound as listed in the Use of Intoxicating
11    Compounds Act, or methamphetamine as listed in the
12    Methamphetamine Control and Community Protection Act, in
13    which case the penalty shall be as prescribed in Section
14    6-208.1;
15        32. Has been convicted of Section 24-1.2 of the
16    Criminal Code of 1961 or the Criminal Code of 2012
17    relating to the aggravated discharge of a firearm if the
18    offender was located in a motor vehicle at the time the
19    firearm was discharged, in which case the suspension shall
20    be for 3 years;
21        33. Has as a driver, who was less than 21 years of age
22    on the date of the offense, been convicted a first time of
23    a violation of paragraph (a) of Section 11-502 of this
24    Code or a similar provision of a local ordinance;
25        34. Has committed a violation of Section 11-1301.5 of
26    this Code or a similar provision of a local ordinance;

 

 

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1        35. Has committed a violation of Section 11-1301.6 of
2    this Code or a similar provision of a local ordinance;
3        36. Is under the age of 21 years at the time of arrest
4    and has been convicted of not less than 2 offenses against
5    traffic regulations governing the movement of vehicles
6    committed within any 24-month period. No revocation or
7    suspension shall be entered more than 6 months after the
8    date of last conviction;
9        37. Has committed a violation of subsection (c) of
10    Section 11-907 of this Code that resulted in damage to the
11    property of another or the death or injury of another;
12        38. Has been convicted of a violation of Section 6-20
13    of the Liquor Control Act of 1934 or a similar provision of
14    a local ordinance and the person was an occupant of a motor
15    vehicle at the time of the violation;
16        39. Has committed a second or subsequent violation of
17    Section 11-1201 of this Code;
18        40. Has committed a violation of subsection (a-1) of
19    Section 11-908 of this Code;
20        41. Has committed a second or subsequent violation of
21    Section 11-605.1 of this Code, a similar provision of a
22    local ordinance, or a similar violation in any other state
23    within 2 years of the date of the previous violation, in
24    which case the suspension shall be for 90 days;
25        42. Has committed a violation of subsection (a-1) of
26    Section 11-1301.3 of this Code or a similar provision of a

 

 

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1    local ordinance;
2        43. Has received a disposition of court supervision
3    for a violation of subsection (a), (d), or (e) of Section
4    6-20 of the Liquor Control Act of 1934 or a similar
5    provision of a local ordinance and the person was an
6    occupant of a motor vehicle at the time of the violation,
7    in which case the suspension shall be for a period of 3
8    months;
9        44. Is under the age of 21 years at the time of arrest
10    and has been convicted of an offense against traffic
11    regulations governing the movement of vehicles after
12    having previously had his or her driving privileges
13    suspended or revoked pursuant to subparagraph 36 of this
14    Section;
15        45. Has, in connection with or during the course of a
16    formal hearing conducted under Section 2-118 of this Code:
17    (i) committed perjury; (ii) submitted fraudulent or
18    falsified documents; (iii) submitted documents that have
19    been materially altered; or (iv) submitted, as his or her
20    own, documents that were in fact prepared or composed for
21    another person;
22        46. Has committed a violation of subsection (j) of
23    Section 3-413 of this Code;
24        47. Has committed a violation of subsection (a) of
25    Section 11-502.1 of this Code;
26        48. Has submitted a falsified or altered medical

 

 

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1    examiner's certificate to the Secretary of State or
2    provided false information to obtain a medical examiner's
3    certificate;
4        49. Has been convicted of a violation of Section
5    11-1002 or 11-1002.5 that resulted in a Type A injury to
6    another, in which case the driving privileges of the
7    person shall be suspended for 12 months;
8        50. Has committed a violation of subsection (b-5) of
9    Section 12-610.2 that resulted in great bodily harm,
10    permanent disability, or disfigurement, in which case the
11    driving privileges of the person shall be suspended for 12
12    months;
13        51. Has committed a violation of Section 10-15 Of the
14    Cannabis Regulation and Tax Act or a similar provision of
15    a local ordinance while in a motor vehicle; or
16        52. Has committed a violation of subsection (b) of
17    Section 10-20 of the Cannabis Regulation and Tax Act or a
18    similar provision of a local ordinance.
19    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
20and 27 of this subsection, license means any driver's license,
21any traffic ticket issued when the person's driver's license
22is deposited in lieu of bail, a suspension notice issued by the
23Secretary of State, a duplicate or corrected driver's license,
24a probationary driver's license, or a temporary driver's
25license.
26    (b) If any conviction forming the basis of a suspension or

 

 

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1revocation authorized under this Section is appealed, the
2Secretary of State may rescind or withhold the entry of the
3order of suspension or revocation, as the case may be,
4provided that a certified copy of a stay order of a court is
5filed with the Secretary of State. If the conviction is
6affirmed on appeal, the date of the conviction shall relate
7back to the time the original judgment of conviction was
8entered and the 6-month limitation prescribed shall not apply.
9    (c) 1. Upon suspending or revoking the driver's license or
10permit of any person as authorized in this Section, the
11Secretary of State shall immediately notify the person in
12writing of the revocation or suspension. The notice to be
13deposited in the United States mail, postage prepaid, to the
14last known address of the person.
15    2. If the Secretary of State suspends the driver's license
16of a person under subsection 2 of paragraph (a) of this
17Section, a person's privilege to operate a vehicle as an
18occupation shall not be suspended, provided an affidavit is
19properly completed, the appropriate fee received, and a permit
20issued prior to the effective date of the suspension, unless 5
21offenses were committed, at least 2 of which occurred while
22operating a commercial vehicle in connection with the driver's
23regular occupation. All other driving privileges shall be
24suspended by the Secretary of State. Any driver prior to
25operating a vehicle for occupational purposes only must submit
26the affidavit on forms to be provided by the Secretary of State

 

 

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1setting forth the facts of the person's occupation. The
2affidavit shall also state the number of offenses committed
3while operating a vehicle in connection with the driver's
4regular occupation. The affidavit shall be accompanied by the
5driver's license. Upon receipt of a properly completed
6affidavit, the Secretary of State shall issue the driver a
7permit to operate a vehicle in connection with the driver's
8regular occupation only. Unless the permit is issued by the
9Secretary of State prior to the date of suspension, the
10privilege to drive any motor vehicle shall be suspended as set
11forth in the notice that was mailed under this Section. If an
12affidavit is received subsequent to the effective date of this
13suspension, a permit may be issued for the remainder of the
14suspension period.
15    The provisions of this subparagraph shall not apply to any
16driver required to possess a CDL for the purpose of operating a
17commercial motor vehicle.
18    Any person who falsely states any fact in the affidavit
19required herein shall be guilty of perjury under Section 6-302
20and upon conviction thereof shall have all driving privileges
21revoked without further rights.
22    3. At the conclusion of a hearing under Section 2-118 of
23this Code, the Secretary of State shall either rescind or
24continue an order of revocation or shall substitute an order
25of suspension; or, good cause appearing therefor, rescind,
26continue, change, or extend the order of suspension. If the

 

 

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1Secretary of State does not rescind the order, the Secretary
2may upon application, to relieve undue hardship (as defined by
3the rules of the Secretary of State), issue a restricted
4driving permit granting the privilege of driving a motor
5vehicle between the petitioner's residence and petitioner's
6place of employment or within the scope of the petitioner's
7employment-related duties, or to allow the petitioner to
8transport himself or herself, or a family member of the
9petitioner's household to a medical facility, to receive
10necessary medical care, to allow the petitioner to transport
11himself or herself to and from alcohol or drug remedial or
12rehabilitative activity recommended by a licensed service
13provider, or to allow the petitioner to transport himself or
14herself or a family member of the petitioner's household to
15classes, as a student, at an accredited educational
16institution, or to allow the petitioner to transport children,
17elderly persons, or persons with disabilities who do not hold
18driving privileges and are living in the petitioner's
19household to and from daycare. The petitioner must demonstrate
20that no alternative means of transportation is reasonably
21available and that the petitioner will not endanger the public
22safety or welfare.
23        (A) If a person's license or permit is revoked or
24    suspended due to 2 or more convictions of violating
25    Section 11-501 of this Code or a similar provision of a
26    local ordinance or a similar out-of-state offense, or

 

 

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1    Section 9-3 of the Criminal Code of 1961 or the Criminal
2    Code of 2012, where the use of alcohol or other drugs is
3    recited as an element of the offense, or a similar
4    out-of-state offense, or a combination of these offenses,
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) If a person's license or permit is revoked or
10    suspended 2 or more times due to any combination of:
11            (i) a single conviction of violating Section
12        11-501 of this Code or a similar provision of a local
13        ordinance or a similar out-of-state offense or Section
14        9-3 of the Criminal Code of 1961 or the Criminal Code
15        of 2012, where the use of alcohol or other drugs is
16        recited as an element of the offense, or a similar
17        out-of-state offense; or
18            (ii) a statutory summary suspension or revocation
19        under Section 11-501.1; or
20            (iii) a suspension under Section 6-203.1;
21    arising out of separate occurrences; that person, if
22    issued a restricted driving permit, may not operate a
23    vehicle unless it has been equipped with an ignition
24    interlock device as defined in Section 1-129.1.
25        (B-5) If a person's license or permit is revoked or
26    suspended due to a conviction for a violation of

 

 

SB2582- 86 -LRB103 32575 LNS 62176 b

1    subparagraph (C) or (F) of paragraph (1) of subsection (d)
2    of Section 11-501 of this Code, or a similar provision of a
3    local ordinance or similar out-of-state offense, that
4    person, if issued a restricted driving permit, may not
5    operate a vehicle unless it has been equipped with an
6    ignition interlock device as defined in Section 1-129.1.
7        (C) The person issued a permit conditioned upon the
8    use of an ignition interlock device must pay to the
9    Secretary of State DUI Administration Fund an amount not
10    to exceed $30 per month. The Secretary shall establish by
11    rule the amount and the procedures, terms, and conditions
12    relating to these fees.
13        (D) If the restricted driving permit is issued for
14    employment purposes, then the prohibition against
15    operating a motor vehicle that is not equipped with an
16    ignition interlock device does not apply to the operation
17    of an occupational vehicle owned or leased by that
18    person's employer when used solely for employment
19    purposes. For any person who, within a 5-year period, is
20    convicted of a second or subsequent offense under Section
21    11-501 of this Code, or a similar provision of a local
22    ordinance or similar out-of-state offense, this employment
23    exemption does not apply until either a one-year period
24    has elapsed during which that person had his or her
25    driving privileges revoked or a one-year period has
26    elapsed during which that person had a restricted driving

 

 

SB2582- 87 -LRB103 32575 LNS 62176 b

1    permit which required the use of an ignition interlock
2    device on every motor vehicle owned or operated by that
3    person.
4        (E) In each case the Secretary may issue a restricted
5    driving permit for a period deemed appropriate, except
6    that all permits shall expire no later than 2 years from
7    the date of issuance. A restricted driving permit issued
8    under this Section shall be subject to cancellation,
9    revocation, and suspension by the Secretary of State in
10    like manner and for like cause as a driver's license
11    issued under this Code may be cancelled, revoked, or
12    suspended; except that a conviction upon one or more
13    offenses against laws or ordinances regulating the
14    movement of traffic shall be deemed sufficient cause for
15    the revocation, suspension, or cancellation of a
16    restricted driving permit. The Secretary of State may, as
17    a condition to the issuance of a restricted driving
18    permit, require the applicant to participate in a
19    designated driver remedial or rehabilitative program. The
20    Secretary of State is authorized to cancel a restricted
21    driving permit if the permit holder does not successfully
22    complete the program.
23        (F) A person subject to the provisions of paragraph 4
24    of subsection (b) of Section 6-208 of this Code may make
25    application for a restricted driving permit at a hearing
26    conducted under Section 2-118 of this Code after the

 

 

SB2582- 88 -LRB103 32575 LNS 62176 b

1    expiration of 5 years from the effective date of the most
2    recent revocation or after 5 years from the date of
3    release from a period of imprisonment resulting from a
4    conviction of the most recent offense, whichever is later,
5    provided the person, in addition to all other requirements
6    of the Secretary, shows by clear and convincing evidence:
7            (i) a minimum of 3 years of uninterrupted
8        abstinence from alcohol and the unlawful use or
9        consumption of cannabis under the Cannabis Control
10        Act, a controlled substance under the Illinois
11        Controlled Substances Act, an intoxicating compound
12        under the Use of Intoxicating Compounds Act, or
13        methamphetamine under the Methamphetamine Control and
14        Community Protection Act; and
15            (ii) the successful completion of any
16        rehabilitative treatment and involvement in any
17        ongoing rehabilitative activity that may be
18        recommended by a properly licensed service provider
19        according to an assessment of the person's alcohol or
20        drug use under Section 11-501.01 of this Code.
21        In determining whether an applicant is eligible for a
22    restricted driving permit under this subparagraph (F), the
23    Secretary may consider any relevant evidence, including,
24    but not limited to, testimony, affidavits, records, and
25    the results of regular alcohol or drug tests. Persons
26    subject to the provisions of paragraph 4 of subsection (b)

 

 

SB2582- 89 -LRB103 32575 LNS 62176 b

1    of Section 6-208 of this Code and who have been convicted
2    of more than one violation of paragraph (3), paragraph
3    (4), or paragraph (5) of subsection (a) of Section 11-501
4    of this Code shall not be eligible to apply for a
5    restricted driving permit under this subparagraph (F).
6        A restricted driving permit issued under this
7    subparagraph (F) shall provide that the holder may only
8    operate motor vehicles equipped with an ignition interlock
9    device as required under paragraph (2) of subsection (c)
10    of Section 6-205 of this Code and subparagraph (A) of
11    paragraph 3 of subsection (c) of this Section. The
12    Secretary may revoke a restricted driving permit or amend
13    the conditions of a restricted driving permit issued under
14    this subparagraph (F) if the holder operates a vehicle
15    that is not equipped with an ignition interlock device, or
16    for any other reason authorized under this Code.
17        A restricted driving permit issued under this
18    subparagraph (F) shall be revoked, and the holder barred
19    from applying for or being issued a restricted driving
20    permit in the future, if the holder is convicted of a
21    violation of Section 11-501 of this Code, a similar
22    provision of a local ordinance, or a similar offense in
23    another state.
24    (c-3) In the case of a suspension under paragraph 43 of
25subsection (a), reports received by the Secretary of State
26under this Section shall, except during the actual time the

 

 

SB2582- 90 -LRB103 32575 LNS 62176 b

1suspension is in effect, be privileged information and for use
2only by the courts, police officers, prosecuting authorities,
3the driver licensing administrator of any other state, the
4Secretary of State, or the parent or legal guardian of a driver
5under the age of 18. However, beginning January 1, 2008, if the
6person is a CDL holder, the suspension shall also be made
7available to the driver licensing administrator of any other
8state, the U.S. Department of Transportation, and the affected
9driver or motor carrier or prospective motor carrier upon
10request.
11    (c-4) In the case of a suspension under paragraph 43 of
12subsection (a), the Secretary of State shall notify the person
13by mail that his or her driving privileges and driver's
14license will be suspended one month after the date of the
15mailing of the notice.
16    (c-5) The Secretary of State may, as a condition of the
17reissuance of a driver's license or permit to an applicant
18whose driver's license or permit has been suspended before he
19or she reached the age of 21 years pursuant to any of the
20provisions of this Section, require the applicant to
21participate in a driver remedial education course and be
22retested under Section 6-109 of this Code.
23    (d) This Section is subject to the provisions of the
24Driver License Compact.
25    (e) The Secretary of State shall not issue a restricted
26driving permit to a person under the age of 16 years whose

 

 

SB2582- 91 -LRB103 32575 LNS 62176 b

1driving privileges have been suspended or revoked under any
2provisions of this Code.
3    (f) In accordance with 49 CFR 384, the Secretary of State
4may not issue a restricted driving permit for the operation of
5a commercial motor vehicle to a person holding a CDL whose
6driving privileges have been suspended, revoked, cancelled, or
7disqualified under any provisions of this Code.
8(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
9101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
108-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
11eff. 5-13-22; revised 12-14-22.)
 
12    (Text of Section after amendment by P.A. 102-982)
13    Sec. 6-206. Discretionary authority to suspend or revoke
14license or permit; right to a hearing.
15    (a) The Secretary of State is authorized to suspend or
16revoke the driving privileges of any person without
17preliminary hearing upon a showing of the person's records or
18other sufficient evidence that the person:
19        1. Has committed an offense for which mandatory
20    revocation of a driver's license or permit is required
21    upon conviction;
22        2. Has been convicted of not less than 3 offenses
23    against traffic regulations governing the movement of
24    vehicles committed within any 12-month period. No
25    revocation or suspension shall be entered more than 6

 

 

SB2582- 92 -LRB103 32575 LNS 62176 b

1    months after the date of last conviction;
2        3. Has been repeatedly involved as a driver in motor
3    vehicle collisions or has been repeatedly convicted of
4    offenses against laws and ordinances regulating the
5    movement of traffic, to a degree that indicates lack of
6    ability to exercise ordinary and reasonable care in the
7    safe operation of a motor vehicle or disrespect for the
8    traffic laws and the safety of other persons upon the
9    highway;
10        4. Has by the unlawful operation of a motor vehicle
11    caused or contributed to a crash resulting in injury
12    requiring immediate professional treatment in a medical
13    facility or doctor's office to any person, except that any
14    suspension or revocation imposed by the Secretary of State
15    under the provisions of this subsection shall start no
16    later than 6 months after being convicted of violating a
17    law or ordinance regulating the movement of traffic, which
18    violation is related to the crash, or shall start not more
19    than one year after the date of the crash, whichever date
20    occurs later;
21        5. Has permitted an unlawful or fraudulent use of a
22    driver's license, identification card, or permit;
23        6. Has been lawfully convicted of an offense or
24    offenses in another state, including the authorization
25    contained in Section 6-203.1, which if committed within
26    this State would be grounds for suspension or revocation;

 

 

SB2582- 93 -LRB103 32575 LNS 62176 b

1        7. Has refused or failed to submit to an examination
2    provided for by Section 6-207 or has failed to pass the
3    examination;
4        8. Is ineligible for a driver's license or permit
5    under the provisions of Section 6-103;
6        9. Has made a false statement or knowingly concealed a
7    material fact or has used false information or
8    identification in any application for a license,
9    identification card, or permit;
10        10. Has possessed, displayed, or attempted to
11    fraudulently use any license, identification card, or
12    permit not issued to the person;
13        11. Has operated a motor vehicle upon a highway of
14    this State when the person's driving privilege or
15    privilege to obtain a driver's license or permit was
16    revoked or suspended unless the operation was authorized
17    by a monitoring device driving permit, judicial driving
18    permit issued prior to January 1, 2009, probationary
19    license to drive, or restricted driving permit issued
20    under this Code;
21        12. Has submitted to any portion of the application
22    process for another person or has obtained the services of
23    another person to submit to any portion of the application
24    process for the purpose of obtaining a license,
25    identification card, or permit for some other person;
26        13. Has operated a motor vehicle upon a highway of

 

 

SB2582- 94 -LRB103 32575 LNS 62176 b

1    this State when the person's driver's license or permit
2    was invalid under the provisions of Sections 6-107.1 and
3    6-110;
4        14. Has committed a violation of Section 6-301,
5    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
6    14B of the Illinois Identification Card Act or a similar
7    offense in another state if, at the time of the offense,
8    the person held an Illinois driver's license or
9    identification card;
10        15. Has been convicted of violating Section 21-2 of
11    the Criminal Code of 1961 or the Criminal Code of 2012
12    relating to criminal trespass to vehicles if the person
13    exercised actual physical control over the vehicle during
14    the commission of the offense, in which case the
15    suspension shall be for one year;
16        16. Has been convicted of violating Section 11-204 of
17    this Code relating to fleeing from a peace officer;
18        17. Has refused to submit to a test, or tests, as
19    required under Section 11-501.1 of this Code and the
20    person has not sought a hearing as provided for in Section
21    11-501.1;
22        18. (Blank);
23        19. Has committed a violation of paragraph (a) or (b)
24    of Section 6-101 relating to driving without a driver's
25    license;
26        20. Has been convicted of violating Section 6-104

 

 

SB2582- 95 -LRB103 32575 LNS 62176 b

1    relating to classification of driver's license;
2        21. Has been convicted of violating Section 11-402 of
3    this Code relating to leaving the scene of a crash
4    resulting in damage to a vehicle in excess of $1,000, in
5    which case the suspension shall be for one year;
6        22. Has used a motor vehicle in violating paragraph
7    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
8    the Criminal Code of 1961 or the Criminal Code of 2012
9    relating to unlawful use of weapons, in which case the
10    suspension shall be for one year;
11        23. Has, as a driver, been convicted of committing a
12    violation of paragraph (a) of Section 11-502 of this Code
13    for a second or subsequent time within one year of a
14    similar violation;
15        24. Has been convicted by a court-martial or punished
16    by non-judicial punishment by military authorities of the
17    United States at a military installation in Illinois or in
18    another state of or for a traffic-related offense that is
19    the same as or similar to an offense specified under
20    Section 6-205 or 6-206 of this Code;
21        25. Has permitted any form of identification to be
22    used by another in the application process in order to
23    obtain or attempt to obtain a license, identification
24    card, or permit;
25        26. Has altered or attempted to alter a license or has
26    possessed an altered license, identification card, or

 

 

SB2582- 96 -LRB103 32575 LNS 62176 b

1    permit;
2        27. (Blank);
3        28. Has been convicted for a first time of the illegal
4    possession, while operating or in actual physical control,
5    as a driver, of a motor vehicle, of any controlled
6    substance prohibited under the Illinois Controlled
7    Substances Act, any cannabis prohibited under the Cannabis
8    Control Act, or any methamphetamine prohibited under the
9    Methamphetamine Control and Community Protection Act, in
10    which case the person's driving privileges shall be
11    suspended for one year. Any defendant found guilty of this
12    offense while operating a motor vehicle shall have an
13    entry made in the court record by the presiding judge that
14    this offense did occur while the defendant was operating a
15    motor vehicle and order the clerk of the court to report
16    the violation to the Secretary of State;
17        29. Has been convicted of the following offenses that
18    were committed while the person was operating or in actual
19    physical control, as a driver, of a motor vehicle:
20    criminal sexual assault, predatory criminal sexual assault
21    of a child, aggravated criminal sexual assault, criminal
22    sexual abuse, aggravated criminal sexual abuse, juvenile
23    pimping, soliciting for a sexually exploited child
24    juvenile prostitute, promoting commercial sexual
25    exploitation of a child juvenile prostitution as described
26    in subdivision (a)(1), (a)(2), or (a)(3) of Section

 

 

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1    11-14.4 of the Criminal Code of 1961 or the Criminal Code
2    of 2012, and the manufacture, sale or delivery of
3    controlled substances or instruments used for illegal drug
4    use or abuse in which case the driver's driving privileges
5    shall be suspended for one year;
6        30. Has been convicted a second or subsequent time for
7    any combination of the offenses named in paragraph 29 of
8    this subsection, in which case the person's driving
9    privileges shall be suspended for 5 years;
10        31. Has refused to submit to a test as required by
11    Section 11-501.6 of this Code or Section 5-16c of the Boat
12    Registration and Safety Act or has submitted to a test
13    resulting in an alcohol concentration of 0.08 or more or
14    any amount of a drug, substance, or compound resulting
15    from the unlawful use or consumption of cannabis as listed
16    in the Cannabis Control Act, a controlled substance as
17    listed in the Illinois Controlled Substances Act, an
18    intoxicating compound as listed in the Use of Intoxicating
19    Compounds Act, or methamphetamine as listed in the
20    Methamphetamine Control and Community Protection Act, in
21    which case the penalty shall be as prescribed in Section
22    6-208.1;
23        32. Has been convicted of Section 24-1.2 of the
24    Criminal Code of 1961 or the Criminal Code of 2012
25    relating to the aggravated discharge of a firearm if the
26    offender was located in a motor vehicle at the time the

 

 

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1    firearm was discharged, in which case the suspension shall
2    be for 3 years;
3        33. Has as a driver, who was less than 21 years of age
4    on the date of the offense, been convicted a first time of
5    a violation of paragraph (a) of Section 11-502 of this
6    Code or a similar provision of a local ordinance;
7        34. Has committed a violation of Section 11-1301.5 of
8    this Code or a similar provision of a local ordinance;
9        35. Has committed a violation of Section 11-1301.6 of
10    this Code or a similar provision of a local ordinance;
11        36. Is under the age of 21 years at the time of arrest
12    and has been convicted of not less than 2 offenses against
13    traffic regulations governing the movement of vehicles
14    committed within any 24-month period. No revocation or
15    suspension shall be entered more than 6 months after the
16    date of last conviction;
17        37. Has committed a violation of subsection (c) of
18    Section 11-907 of this Code that resulted in damage to the
19    property of another or the death or injury of another;
20        38. Has been convicted of a violation of Section 6-20
21    of the Liquor Control Act of 1934 or a similar provision of
22    a local ordinance and the person was an occupant of a motor
23    vehicle at the time of the violation;
24        39. Has committed a second or subsequent violation of
25    Section 11-1201 of this Code;
26        40. Has committed a violation of subsection (a-1) of

 

 

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1    Section 11-908 of this Code;
2        41. Has committed a second or subsequent violation of
3    Section 11-605.1 of this Code, a similar provision of a
4    local ordinance, or a similar violation in any other state
5    within 2 years of the date of the previous violation, in
6    which case the suspension shall be for 90 days;
7        42. Has committed a violation of subsection (a-1) of
8    Section 11-1301.3 of this Code or a similar provision of a
9    local ordinance;
10        43. Has received a disposition of court supervision
11    for a violation of subsection (a), (d), or (e) of Section
12    6-20 of the Liquor Control Act of 1934 or a similar
13    provision of a local ordinance and the person was an
14    occupant of a motor vehicle at the time of the violation,
15    in which case the suspension shall be for a period of 3
16    months;
17        44. Is under the age of 21 years at the time of arrest
18    and has been convicted of an offense against traffic
19    regulations governing the movement of vehicles after
20    having previously had his or her driving privileges
21    suspended or revoked pursuant to subparagraph 36 of this
22    Section;
23        45. Has, in connection with or during the course of a
24    formal hearing conducted under Section 2-118 of this Code:
25    (i) committed perjury; (ii) submitted fraudulent or
26    falsified documents; (iii) submitted documents that have

 

 

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1    been materially altered; or (iv) submitted, as his or her
2    own, documents that were in fact prepared or composed for
3    another person;
4        46. Has committed a violation of subsection (j) of
5    Section 3-413 of this Code;
6        47. Has committed a violation of subsection (a) of
7    Section 11-502.1 of this Code;
8        48. Has submitted a falsified or altered medical
9    examiner's certificate to the Secretary of State or
10    provided false information to obtain a medical examiner's
11    certificate;
12        49. Has been convicted of a violation of Section
13    11-1002 or 11-1002.5 that resulted in a Type A injury to
14    another, in which case the driving privileges of the
15    person shall be suspended for 12 months;
16        50. Has committed a violation of subsection (b-5) of
17    Section 12-610.2 that resulted in great bodily harm,
18    permanent disability, or disfigurement, in which case the
19    driving privileges of the person shall be suspended for 12
20    months;
21        51. Has committed a violation of Section 10-15 Of the
22    Cannabis Regulation and Tax Act or a similar provision of
23    a local ordinance while in a motor vehicle; or
24        52. Has committed a violation of subsection (b) of
25    Section 10-20 of the Cannabis Regulation and Tax Act or a
26    similar provision of a local ordinance.

 

 

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1    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
2and 27 of this subsection, license means any driver's license,
3any traffic ticket issued when the person's driver's license
4is deposited in lieu of bail, a suspension notice issued by the
5Secretary of State, a duplicate or corrected driver's license,
6a probationary driver's license, or a temporary driver's
7license.
8    (b) If any conviction forming the basis of a suspension or
9revocation authorized under this Section is appealed, the
10Secretary of State may rescind or withhold the entry of the
11order of suspension or revocation, as the case may be,
12provided that a certified copy of a stay order of a court is
13filed with the Secretary of State. If the conviction is
14affirmed on appeal, the date of the conviction shall relate
15back to the time the original judgment of conviction was
16entered and the 6-month limitation prescribed shall not apply.
17    (c) 1. Upon suspending or revoking the driver's license or
18permit of any person as authorized in this Section, the
19Secretary of State shall immediately notify the person in
20writing of the revocation or suspension. The notice to be
21deposited in the United States mail, postage prepaid, to the
22last known address of the person.
23    2. If the Secretary of State suspends the driver's license
24of a person under subsection 2 of paragraph (a) of this
25Section, a person's privilege to operate a vehicle as an
26occupation shall not be suspended, provided an affidavit is

 

 

SB2582- 102 -LRB103 32575 LNS 62176 b

1properly completed, the appropriate fee received, and a permit
2issued prior to the effective date of the suspension, unless 5
3offenses were committed, at least 2 of which occurred while
4operating a commercial vehicle in connection with the driver's
5regular occupation. All other driving privileges shall be
6suspended by the Secretary of State. Any driver prior to
7operating a vehicle for occupational purposes only must submit
8the affidavit on forms to be provided by the Secretary of State
9setting forth the facts of the person's occupation. The
10affidavit shall also state the number of offenses committed
11while operating a vehicle in connection with the driver's
12regular occupation. The affidavit shall be accompanied by the
13driver's license. Upon receipt of a properly completed
14affidavit, the Secretary of State shall issue the driver a
15permit to operate a vehicle in connection with the driver's
16regular occupation only. Unless the permit is issued by the
17Secretary of State prior to the date of suspension, the
18privilege to drive any motor vehicle shall be suspended as set
19forth in the notice that was mailed under this Section. If an
20affidavit is received subsequent to the effective date of this
21suspension, a permit may be issued for the remainder of the
22suspension period.
23    The provisions of this subparagraph shall not apply to any
24driver required to possess a CDL for the purpose of operating a
25commercial motor vehicle.
26    Any person who falsely states any fact in the affidavit

 

 

SB2582- 103 -LRB103 32575 LNS 62176 b

1required herein shall be guilty of perjury under Section 6-302
2and upon conviction thereof shall have all driving privileges
3revoked without further rights.
4    3. At the conclusion of a hearing under Section 2-118 of
5this Code, the Secretary of State shall either rescind or
6continue an order of revocation or shall substitute an order
7of suspension; or, good cause appearing therefor, rescind,
8continue, change, or extend the order of suspension. If the
9Secretary of State does not rescind the order, the Secretary
10may upon application, to relieve undue hardship (as defined by
11the rules of the Secretary of State), issue a restricted
12driving permit granting the privilege of driving a motor
13vehicle between the petitioner's residence and petitioner's
14place of employment or within the scope of the petitioner's
15employment-related duties, or to allow the petitioner to
16transport himself or herself, or a family member of the
17petitioner's household to a medical facility, to receive
18necessary medical care, to allow the petitioner to transport
19himself or herself to and from alcohol or drug remedial or
20rehabilitative activity recommended by a licensed service
21provider, or to allow the petitioner to transport himself or
22herself or a family member of the petitioner's household to
23classes, as a student, at an accredited educational
24institution, or to allow the petitioner to transport children,
25elderly persons, or persons with disabilities who do not hold
26driving privileges and are living in the petitioner's

 

 

SB2582- 104 -LRB103 32575 LNS 62176 b

1household to and from daycare. The petitioner must demonstrate
2that no alternative means of transportation is reasonably
3available and that the petitioner will not endanger the public
4safety or welfare.
5        (A) If a person's license or permit is revoked or
6    suspended due to 2 or more convictions of violating
7    Section 11-501 of this Code or a similar provision of a
8    local ordinance or a similar out-of-state offense, or
9    Section 9-3 of the Criminal Code of 1961 or the Criminal
10    Code of 2012, where the use of alcohol or other drugs is
11    recited as an element of the offense, or a similar
12    out-of-state offense, or a combination of these offenses,
13    arising out of separate occurrences, that person, if
14    issued a restricted driving permit, may not operate a
15    vehicle unless it has been equipped with an ignition
16    interlock device as defined in Section 1-129.1.
17        (B) If a person's license or permit is revoked or
18    suspended 2 or more times due to any combination of:
19            (i) a single conviction of violating Section
20        11-501 of this Code or a similar provision of a local
21        ordinance or a similar out-of-state offense or Section
22        9-3 of the Criminal Code of 1961 or the Criminal Code
23        of 2012, where the use of alcohol or other drugs is
24        recited as an element of the offense, or a similar
25        out-of-state offense; or
26            (ii) a statutory summary suspension or revocation

 

 

SB2582- 105 -LRB103 32575 LNS 62176 b

1        under Section 11-501.1; or
2            (iii) a suspension under Section 6-203.1;
3    arising out of separate occurrences; that person, if
4    issued a restricted driving permit, may not operate a
5    vehicle unless it has been equipped with an ignition
6    interlock device as defined in Section 1-129.1.
7        (B-5) If a person's license or permit is revoked or
8    suspended due to a conviction for a violation of
9    subparagraph (C) or (F) of paragraph (1) of subsection (d)
10    of Section 11-501 of this Code, or a similar provision of a
11    local ordinance or similar out-of-state offense, that
12    person, if issued a restricted driving permit, may not
13    operate a vehicle unless it has been equipped with an
14    ignition interlock device as defined in Section 1-129.1.
15        (C) The person issued a permit conditioned upon the
16    use of an ignition interlock device must pay to the
17    Secretary of State DUI Administration Fund an amount not
18    to exceed $30 per month. The Secretary shall establish by
19    rule the amount and the procedures, terms, and conditions
20    relating to these fees.
21        (D) If the restricted driving permit is issued for
22    employment purposes, then the prohibition against
23    operating a motor vehicle that is not equipped with an
24    ignition interlock device does not apply to the operation
25    of an occupational vehicle owned or leased by that
26    person's employer when used solely for employment

 

 

SB2582- 106 -LRB103 32575 LNS 62176 b

1    purposes. For any person who, within a 5-year period, is
2    convicted of a second or subsequent offense under Section
3    11-501 of this Code, or a similar provision of a local
4    ordinance or similar out-of-state offense, this employment
5    exemption does not apply until either a one-year period
6    has elapsed during which that person had his or her
7    driving privileges revoked or a one-year period has
8    elapsed during which that person had a restricted driving
9    permit which required the use of an ignition interlock
10    device on every motor vehicle owned or operated by that
11    person.
12        (E) In each case the Secretary may issue a restricted
13    driving permit for a period deemed appropriate, except
14    that all permits shall expire no later than 2 years from
15    the date of issuance. A restricted driving permit issued
16    under this Section shall be subject to cancellation,
17    revocation, and suspension by the Secretary of State in
18    like manner and for like cause as a driver's license
19    issued under this Code may be cancelled, revoked, or
20    suspended; except that a conviction upon one or more
21    offenses against laws or ordinances regulating the
22    movement of traffic shall be deemed sufficient cause for
23    the revocation, suspension, or cancellation of a
24    restricted driving permit. The Secretary of State may, as
25    a condition to the issuance of a restricted driving
26    permit, require the applicant to participate in a

 

 

SB2582- 107 -LRB103 32575 LNS 62176 b

1    designated driver remedial or rehabilitative program. The
2    Secretary of State is authorized to cancel a restricted
3    driving permit if the permit holder does not successfully
4    complete the program.
5        (F) A person subject to the provisions of paragraph 4
6    of subsection (b) of Section 6-208 of this Code may make
7    application for a restricted driving permit at a hearing
8    conducted under Section 2-118 of this Code after the
9    expiration of 5 years from the effective date of the most
10    recent revocation or after 5 years from the date of
11    release from a period of imprisonment resulting from a
12    conviction of the most recent offense, whichever is later,
13    provided the person, in addition to all other requirements
14    of the Secretary, shows by clear and convincing evidence:
15            (i) a minimum of 3 years of uninterrupted
16        abstinence from alcohol and the unlawful use or
17        consumption of cannabis under the Cannabis Control
18        Act, a controlled substance under the Illinois
19        Controlled Substances Act, an intoxicating compound
20        under the Use of Intoxicating Compounds Act, or
21        methamphetamine under the Methamphetamine Control and
22        Community Protection Act; and
23            (ii) the successful completion of any
24        rehabilitative treatment and involvement in any
25        ongoing rehabilitative activity that may be
26        recommended by a properly licensed service provider

 

 

SB2582- 108 -LRB103 32575 LNS 62176 b

1        according to an assessment of the person's alcohol or
2        drug use under Section 11-501.01 of this Code.
3        In determining whether an applicant is eligible for a
4    restricted driving permit under this subparagraph (F), the
5    Secretary may consider any relevant evidence, including,
6    but not limited to, testimony, affidavits, records, and
7    the results of regular alcohol or drug tests. Persons
8    subject to the provisions of paragraph 4 of subsection (b)
9    of Section 6-208 of this Code and who have been convicted
10    of more than one violation of paragraph (3), paragraph
11    (4), or paragraph (5) of subsection (a) of Section 11-501
12    of this Code shall not be eligible to apply for a
13    restricted driving permit under this subparagraph (F).
14        A restricted driving permit issued under this
15    subparagraph (F) shall provide that the holder may only
16    operate motor vehicles equipped with an ignition interlock
17    device as required under paragraph (2) of subsection (c)
18    of Section 6-205 of this Code and subparagraph (A) of
19    paragraph 3 of subsection (c) of this Section. The
20    Secretary may revoke a restricted driving permit or amend
21    the conditions of a restricted driving permit issued under
22    this subparagraph (F) if the holder operates a vehicle
23    that is not equipped with an ignition interlock device, or
24    for any other reason authorized under this Code.
25        A restricted driving permit issued under this
26    subparagraph (F) shall be revoked, and the holder barred

 

 

SB2582- 109 -LRB103 32575 LNS 62176 b

1    from applying for or being issued a restricted driving
2    permit in the future, if the holder is convicted of a
3    violation of Section 11-501 of this Code, a similar
4    provision of a local ordinance, or a similar offense in
5    another state.
6    (c-3) In the case of a suspension under paragraph 43 of
7subsection (a), reports received by the Secretary of State
8under this Section shall, except during the actual time the
9suspension is in effect, be privileged information and for use
10only by the courts, police officers, prosecuting authorities,
11the driver licensing administrator of any other state, the
12Secretary of State, or the parent or legal guardian of a driver
13under the age of 18. However, beginning January 1, 2008, if the
14person is a CDL holder, the suspension shall also be made
15available to the driver licensing administrator of any other
16state, the U.S. Department of Transportation, and the affected
17driver or motor carrier or prospective motor carrier upon
18request.
19    (c-4) In the case of a suspension under paragraph 43 of
20subsection (a), the Secretary of State shall notify the person
21by mail that his or her driving privileges and driver's
22license will be suspended one month after the date of the
23mailing of the notice.
24    (c-5) The Secretary of State may, as a condition of the
25reissuance of a driver's license or permit to an applicant
26whose driver's license or permit has been suspended before he

 

 

SB2582- 110 -LRB103 32575 LNS 62176 b

1or she reached the age of 21 years pursuant to any of the
2provisions of this Section, require the applicant to
3participate in a driver remedial education course and be
4retested under Section 6-109 of this Code.
5    (d) This Section is subject to the provisions of the
6Driver License Compact.
7    (e) The Secretary of State shall not issue a restricted
8driving permit to a person under the age of 16 years whose
9driving privileges have been suspended or revoked under any
10provisions of this Code.
11    (f) In accordance with 49 CFR 384, the Secretary of State
12may not issue a restricted driving permit for the operation of
13a commercial motor vehicle to a person holding a CDL whose
14driving privileges have been suspended, revoked, cancelled, or
15disqualified under any provisions of this Code.
16(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
17101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
188-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813,
19eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.)
 
20    Section 130. The Criminal Code of 2012 is amended by
21changing Sections 3-6, 8-2, 11-0.1, 11-9.3, 11-14.3, 11-14.4,
2211-18, 11-18.1, 33G-3, and 36-1 as follows:
 
23    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
24    Sec. 3-6. Extended limitations. The period within which a

 

 

SB2582- 111 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 112 -LRB103 32575 LNS 62176 b

1is the period of limitation so extended more than 3 years
2beyond the expiration of the period otherwise applicable.
3    (b-5) When the victim is under 18 years of age at the time
4of the offense, a prosecution for involuntary servitude,
5involuntary sexual servitude of a minor, or trafficking in
6persons and related offenses under Section 10-9 of this Code
7may be commenced within 25 years of the victim attaining the
8age of 18 years.
9    (b-6) When the victim is 18 years of age or over at the
10time of the offense, a prosecution for involuntary servitude,
11involuntary sexual servitude of a minor, or trafficking in
12persons and related offenses under Section 10-9 of this Code
13may be commenced within 25 years after the commission of the
14offense.
15    (b-7) When the victim is under 18 years of age at the time
16of the offense, a prosecution for female genital mutilation
17may be commenced at any time.
18    (c) (Blank).
19    (d) A prosecution for child pornography, aggravated child
20pornography, indecent solicitation of a child, soliciting for
21a sexually exploited child juvenile prostitute, juvenile
22pimping, exploitation of a child, or promoting commercial
23sexual exploitation of a child juvenile prostitution except
24for keeping a place of commercial sexual exploitation of a
25child juvenile prostitution may be commenced within one year
26of the victim attaining the age of 18 years. However, in no

 

 

SB2582- 113 -LRB103 32575 LNS 62176 b

1such case shall the time period for prosecution expire sooner
2than 3 years after the commission of the offense.
3    (e) Except as otherwise provided in subdivision (j), a
4prosecution for any offense involving sexual conduct or sexual
5penetration, as defined in Section 11-0.1 of this Code, where
6the defendant was within a professional or fiduciary
7relationship or a purported professional or fiduciary
8relationship with the victim at the time of the commission of
9the offense may be commenced within one year after the
10discovery of the offense by the victim.
11    (f) A prosecution for any offense set forth in Section 44
12of the Environmental Protection Act may be commenced within 5
13years after the discovery of such an offense by a person or
14agency having the legal duty to report the offense or in the
15absence of such discovery, within 5 years after the proper
16prosecuting officer becomes aware of the offense.
17    (f-5) A prosecution for any offense set forth in Section
1816-30 of this Code may be commenced within 5 years after the
19discovery of the offense by the victim of that offense.
20    (g) (Blank).
21    (h) (Blank).
22    (i) Except as otherwise provided in subdivision (j), a
23prosecution for criminal sexual assault, aggravated criminal
24sexual assault, or aggravated criminal sexual abuse may be
25commenced at any time. If the victim consented to the
26collection of evidence using an Illinois State Police Sexual

 

 

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1Assault Evidence Collection Kit under the Sexual Assault
2Survivors Emergency Treatment Act, it shall constitute
3reporting for purposes of this Section.
4    Nothing in this subdivision (i) shall be construed to
5shorten a period within which a prosecution must be commenced
6under any other provision of this Section.
7    (i-5) A prosecution for armed robbery, home invasion,
8kidnapping, or aggravated kidnaping may be commenced within 10
9years of the commission of the offense if it arises out of the
10same course of conduct and meets the criteria under one of the
11offenses in subsection (i) of this Section.
12    (j) (1) When the victim is under 18 years of age at the
13time of the offense, a prosecution for criminal sexual
14assault, aggravated criminal sexual assault, predatory
15criminal sexual assault of a child, aggravated criminal sexual
16abuse, felony criminal sexual abuse, or female genital
17mutilation may be commenced at any time.
18    (2) When in circumstances other than as described in
19paragraph (1) of this subsection (j), when the victim is under
2018 years of age at the time of the offense, a prosecution for
21failure of a person who is required to report an alleged or
22suspected commission of criminal sexual assault, aggravated
23criminal sexual assault, predatory criminal sexual assault of
24a child, aggravated criminal sexual abuse, or felony criminal
25sexual abuse under the Abused and Neglected Child Reporting
26Act may be commenced within 20 years after the child victim

 

 

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1attains 18 years of age.
2    (3) When the victim is under 18 years of age at the time of
3the offense, a prosecution for misdemeanor criminal sexual
4abuse may be commenced within 10 years after the child victim
5attains 18 years of age.
6    (4) Nothing in this subdivision (j) shall be construed to
7shorten a period within which a prosecution must be commenced
8under any other provision of this Section.
9    (j-5) A prosecution for armed robbery, home invasion,
10kidnapping, or aggravated kidnaping may be commenced at any
11time if it arises out of the same course of conduct and meets
12the criteria under one of the offenses in subsection (j) of
13this Section.
14    (k) (Blank).
15    (l) A prosecution for any offense set forth in Section
1626-4 of this Code may be commenced within one year after the
17discovery of the offense by the victim of that offense.
18    (l-5) A prosecution for any offense involving sexual
19conduct or sexual penetration, as defined in Section 11-0.1 of
20this Code, in which the victim was 18 years of age or older at
21the time of the offense, may be commenced within one year after
22the discovery of the offense by the victim when corroborating
23physical evidence is available. The charging document shall
24state that the statute of limitations is extended under this
25subsection (l-5) and shall state the circumstances justifying
26the extension. Nothing in this subsection (l-5) shall be

 

 

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1construed to shorten a period within which a prosecution must
2be commenced under any other provision of this Section or
3Section 3-5 of this Code.
4    (m) The prosecution shall not be required to prove at
5trial facts which extend the general limitations in Section
63-5 of this Code when the facts supporting extension of the
7period of general limitations are properly pled in the
8charging document. Any challenge relating to the extension of
9the general limitations period as defined in this Section
10shall be exclusively conducted under Section 114-1 of the Code
11of Criminal Procedure of 1963.
12    (n) A prosecution for any offense set forth in subsection
13(a), (b), or (c) of Section 8A-3 or Section 8A-13 of the
14Illinois Public Aid Code, in which the total amount of money
15involved is $5,000 or more, including the monetary value of
16food stamps and the value of commodities under Section 16-1 of
17this Code may be commenced within 5 years of the last act
18committed in furtherance of the offense.
19(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
20101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff.
218-20-21.)
 
22    (720 ILCS 5/8-2)  (from Ch. 38, par. 8-2)
23    Sec. 8-2. Conspiracy.
24    (a) Elements of the offense. A person commits the offense
25of conspiracy when, with intent that an offense be committed,

 

 

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1he or she agrees with another to the commission of that
2offense. No person may be convicted of conspiracy to commit an
3offense unless an act in furtherance of that agreement is
4alleged and proved to have been committed by him or her or by a
5co-conspirator.
6    (b) Co-conspirators. It is not a defense to conspiracy
7that the person or persons with whom the accused is alleged to
8have conspired:
9        (1) have not been prosecuted or convicted,
10        (2) have been convicted of a different offense,
11        (3) are not amenable to justice,
12        (4) have been acquitted, or
13        (5) lacked the capacity to commit an offense.
14    (c) Sentence.
15        (1) Except as otherwise provided in this subsection or
16    Code, a person convicted of conspiracy to commit:
17            (A) a Class X felony shall be sentenced for a Class
18        1 felony;
19            (B) a Class 1 felony shall be sentenced for a Class
20        2 felony;
21            (C) a Class 2 felony shall be sentenced for a Class
22        3 felony;
23            (D) a Class 3 felony shall be sentenced for a Class
24        4 felony;
25            (E) a Class 4 felony shall be sentenced for a Class
26        4 felony; and

 

 

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1            (F) a misdemeanor may be fined or imprisoned or
2        both not to exceed the maximum provided for the
3        offense that is the object of the conspiracy.
4        (2) A person convicted of conspiracy to commit any of
5    the following offenses shall be sentenced for a Class X
6    felony:
7            (A) aggravated insurance fraud conspiracy when the
8        person is an organizer of the conspiracy (720 ILCS
9        5/46-4); or
10            (B) aggravated governmental entity insurance fraud
11        conspiracy when the person is an organizer of the
12        conspiracy (720 ILCS 5/46-4).
13        (3) A person convicted of conspiracy to commit any of
14    the following offenses shall be sentenced for a Class 1
15    felony:
16            (A) first degree murder (720 ILCS 5/9-1); or
17            (B) aggravated insurance fraud (720 ILCS 5/46-3)
18        or aggravated governmental insurance fraud (720 ILCS
19        5/46-3).
20        (4) A person convicted of conspiracy to commit
21    insurance fraud (720 ILCS 5/46-3) or governmental entity
22    insurance fraud (720 ILCS 5/46-3) shall be sentenced for a
23    Class 2 felony.
24        (5) A person convicted of conspiracy to commit any of
25    the following offenses shall be sentenced for a Class 3
26    felony:

 

 

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1            (A) soliciting for a person engaged in the sex
2        trade prostitute (720 ILCS 5/11-14.3(a)(1));
3            (B) pandering (720 ILCS 5/11-14.3(a)(2)(A) or
4        5/11-14.3(a)(2)(B));
5            (C) keeping a place of prostitution (720 ILCS
6        5/11-14.3(a)(1));
7            (D) pimping (720 ILCS 5/11-14.3(a)(2)(C));
8            (E) unlawful use of weapons under Section
9        24-1(a)(1) (720 ILCS 5/24-1(a)(1));
10            (F) unlawful use of weapons under Section
11        24-1(a)(7) (720 ILCS 5/24-1(a)(7));
12            (G) gambling (720 ILCS 5/28-1);
13            (H) keeping a gambling place (720 ILCS 5/28-3);
14            (I) registration of federal gambling stamps
15        violation (720 ILCS 5/28-4);
16            (J) look-alike substances violation (720 ILCS
17        570/404);
18            (K) miscellaneous controlled substance violation
19        under Section 406(b) (720 ILCS 570/406(b)); or
20            (L) an inchoate offense related to any of the
21        principal offenses set forth in this item (5).
22(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
23    (720 ILCS 5/11-0.1)
24    Sec. 11-0.1. Definitions. In this Article, unless the
25context clearly requires otherwise, the following terms are

 

 

SB2582- 120 -LRB103 32575 LNS 62176 b

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

 

 

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

 

 

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

 

 

SB2582- 123 -LRB103 32575 LNS 62176 b

1    "Loiter". See Section 9.3.
2    "Material". See Section 11-21.
3    "Minor". See Section 11-21.
4    "Nudity". See Section 11-21.
5    "Obscene". See Section 11-20.
6    "Part day child care facility". See Section 11-9.3.
7    "Penal system". See Section 11-9.2.
8    "Person responsible for the child's welfare". See Section
911-9.1A.
10    "Person with a disability". See Section 11-9.5.
11    "Playground". See Section 11-9.3.
12    "Probation officer". See Section 11-9.2.
13    "Produce". See Section 11-20.1.
14    "Profit from prostitution" means, when acting other than
15as a person engaged in the sex trade prostitute, to receive
16anything of value for personally rendered prostitution
17services or to receive anything of value from a person engaged
18in the sex trade prostitute, if the thing received is not for
19lawful consideration and the person knows it was earned in
20whole or in part from the practice of prostitution.
21    "Public park". See Section 11-9.3.
22    "Public place". See Section 11-30.
23    "Reproduce". See Section 11-20.1.
24    "Sado-masochistic abuse". See Section 11-21.
25    "School". See Section 11-9.3.
26    "School official". See Section 11-9.3.

 

 

SB2582- 124 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 125 -LRB103 32575 LNS 62176 b

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

 

 

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

 

 

SB2582- 127 -LRB103 32575 LNS 62176 b

1        (5) is detained or otherwise in the custody of a
2    police officer, peace officer, or other law enforcement
3    official who: (i) is detaining or maintaining custody of
4    such person; or (ii) knows, or reasonably should know,
5    that at the time of the offense, such person was detained
6    or in custody and the police officer, peace officer, or
7    other law enforcement official is not married to such
8    detainee.
9    "Victim" means a person alleging to have been subjected to
10an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40,
1111-1.50, or 11-1.60 of this Code.
12(Source: P.A. 102-567, eff. 1-1-22; 102-1096, eff. 1-1-23.)
 
13    (720 ILCS 5/11-9.3)
14    Sec. 11-9.3. Presence within school zone by child sex
15offenders prohibited; approaching, contacting, residing with,
16or communicating with a child within certain places by child
17sex offenders prohibited.
18    (a) It is unlawful for a child sex offender to knowingly be
19present in any school building, on real property comprising
20any school, or in any conveyance owned, leased, or contracted
21by a school to transport students to or from school or a school
22related activity when persons under the age of 18 are present
23in the building, on the grounds or in the conveyance, unless
24the offender is a parent or guardian of a student attending the
25school and the parent or guardian is: (i) attending a

 

 

SB2582- 128 -LRB103 32575 LNS 62176 b

1conference at the school with school personnel to discuss the
2progress of his or her child academically or socially, (ii)
3participating in child review conferences in which evaluation
4and placement decisions may be made with respect to his or her
5child regarding special education services, or (iii) attending
6conferences to discuss other student issues concerning his or
7her child such as retention and promotion and notifies the
8principal of the school of his or her presence at the school or
9unless the offender has permission to be present from the
10superintendent or the school board or in the case of a private
11school from the principal. In the case of a public school, if
12permission is granted, the superintendent or school board
13president must inform the principal of the school where the
14sex offender will be present. Notification includes the nature
15of the sex offender's visit and the hours in which the sex
16offender will be present in the school. The sex offender is
17responsible for notifying the principal's office when he or
18she arrives on school property and when he or she departs from
19school property. If the sex offender is to be present in the
20vicinity of children, the sex offender has the duty to remain
21under the direct supervision of a school official.
22    (a-5) It is unlawful for a child sex offender to knowingly
23be present within 100 feet of a site posted as a pick-up or
24discharge stop for a conveyance owned, leased, or contracted
25by a school to transport students to or from school or a school
26related activity when one or more persons under the age of 18

 

 

SB2582- 129 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 130 -LRB103 32575 LNS 62176 b

1principal. In the case of a public school, if permission is
2granted, the superintendent or school board president must
3inform the principal of the school where the sex offender will
4be present. Notification includes the nature of the sex
5offender's visit and the hours in which the sex offender will
6be present in the school. The sex offender is responsible for
7notifying the principal's office when he or she arrives on
8school property and when he or she departs from school
9property. If the sex offender is to be present in the vicinity
10of children, the sex offender has the duty to remain under the
11direct supervision of a school official.
12    (b-2) It is unlawful for a child sex offender to knowingly
13loiter on a public way within 500 feet of a public park
14building or real property comprising any public park while
15persons under the age of 18 are present in the building or on
16the grounds and to approach, contact, or communicate with a
17child under 18 years of age, unless the offender is a parent or
18guardian of a person under 18 years of age present in the
19building or on the grounds.
20    (b-5) It is unlawful for a child sex offender to knowingly
21reside within 500 feet of a school building or the real
22property comprising any school that persons under the age of
2318 attend. Nothing in this subsection (b-5) prohibits a child
24sex offender from residing within 500 feet of a school
25building or the real property comprising any school that
26persons under 18 attend if the property is owned by the child

 

 

SB2582- 131 -LRB103 32575 LNS 62176 b

1sex offender and was purchased before July 7, 2000 (the
2effective date of Public Act 91-911).
3    (b-10) It is unlawful for a child sex offender to
4knowingly reside within 500 feet of a playground, child care
5institution, day care center, part day child care facility,
6day care home, group day care home, or a facility providing
7programs or services exclusively directed toward persons under
818 years of age. Nothing in this subsection (b-10) prohibits a
9child sex offender from residing within 500 feet of a
10playground or a facility providing programs or services
11exclusively directed toward persons under 18 years of age if
12the property is owned by the child sex offender and was
13purchased before July 7, 2000. Nothing in this subsection
14(b-10) prohibits a child sex offender from residing within 500
15feet of a child care institution, day care center, or part day
16child care facility if the property is owned by the child sex
17offender and was purchased before June 26, 2006. Nothing in
18this subsection (b-10) prohibits a child sex offender from
19residing within 500 feet of a day care home or group day care
20home if the property is owned by the child sex offender and was
21purchased before August 14, 2008 (the effective date of Public
22Act 95-821).
23    (b-15) It is unlawful for a child sex offender to
24knowingly reside within 500 feet of the victim of the sex
25offense. Nothing in this subsection (b-15) prohibits a child
26sex offender from residing within 500 feet of the victim if the

 

 

SB2582- 132 -LRB103 32575 LNS 62176 b

1property in which the child sex offender resides is owned by
2the child sex offender and was purchased before August 22,
32002.
4    This subsection (b-15) does not apply if the victim of the
5sex offense is 21 years of age or older.
6    (b-20) It is unlawful for a child sex offender to
7knowingly communicate, other than for a lawful purpose under
8Illinois law, using the Internet or any other digital media,
9with a person under 18 years of age or with a person whom he or
10she believes to be a person under 18 years of age, unless the
11offender is a parent or guardian of the person under 18 years
12of age.
13    (c) It is unlawful for a child sex offender to knowingly
14operate, manage, be employed by, volunteer at, be associated
15with, or knowingly be present at any: (i) facility providing
16programs or services exclusively directed toward persons under
17the age of 18; (ii) day care center; (iii) part day child care
18facility; (iv) child care institution; (v) school providing
19before and after school programs for children under 18 years
20of age; (vi) day care home; or (vii) group day care home. This
21does not prohibit a child sex offender from owning the real
22property upon which the programs or services are offered or
23upon which the day care center, part day child care facility,
24child care institution, or school providing before and after
25school programs for children under 18 years of age is located,
26provided the child sex offender refrains from being present on

 

 

SB2582- 133 -LRB103 32575 LNS 62176 b

1the premises for the hours during which: (1) the programs or
2services are being offered or (2) the day care center, part day
3child care facility, child care institution, or school
4providing before and after school programs for children under
518 years of age, day care home, or group day care home is
6operated.
7    (c-2) It is unlawful for a child sex offender to
8participate in a holiday event involving children under 18
9years of age, including but not limited to distributing candy
10or other items to children on Halloween, wearing a Santa Claus
11costume on or preceding Christmas, being employed as a
12department store Santa Claus, or wearing an Easter Bunny
13costume on or preceding Easter. For the purposes of this
14subsection, child sex offender has the meaning as defined in
15this Section, but does not include as a sex offense under
16paragraph (2) of subsection (d) of this Section, the offense
17under subsection (c) of Section 11-1.50 of this Code. This
18subsection does not apply to a child sex offender who is a
19parent or guardian of children under 18 years of age that are
20present in the home and other non-familial minors are not
21present.
22    (c-5) It is unlawful for a child sex offender to knowingly
23operate, manage, be employed by, or be associated with any
24carnival, amusement enterprise, or county or State fair when
25persons under the age of 18 are present.
26    (c-6) It is unlawful for a child sex offender who owns and

 

 

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

 

 

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

 

 

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1            a federal law or the law of another state
2            substantially similar to subsection (a) of Section
3            104-25 of the Code of Criminal Procedure of 1963
4            for the alleged violation or attempted commission
5            of such offense; or
6            (ii) is certified as a sexually dangerous person
7        pursuant to the Illinois Sexually Dangerous Persons
8        Act, or any substantially similar federal law or the
9        law of another state, when any conduct giving rise to
10        such certification is committed or attempted against a
11        person less than 18 years of age; or
12            (iii) is subject to the provisions of Section 2 of
13        the Interstate Agreements on Sexually Dangerous
14        Persons Act.
15        Convictions that result from or are connected with the
16    same act, or result from offenses committed at the same
17    time, shall be counted for the purpose of this Section as
18    one conviction. Any conviction set aside pursuant to law
19    is not a conviction for purposes of this Section.
20        (2) Except as otherwise provided in paragraph (2.5),
21    "sex offense" means:
22            (i) A violation of any of the following Sections
23        of the Criminal Code of 1961 or the Criminal Code of
24        2012: 10-4 (forcible detention), 10-7 (aiding or
25        abetting child abduction under Section 10-5(b)(10)),
26        10-5(b)(10) (child luring), 11-1.40 (predatory

 

 

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1        criminal sexual assault of a child), 11-6 (indecent
2        solicitation of a child), 11-6.5 (indecent
3        solicitation of an adult), 11-9.1 (sexual exploitation
4        of a child), 11-9.2 (custodial sexual misconduct),
5        11-9.5 (sexual misconduct with a person with a
6        disability), 11-11 (sexual relations within families),
7        11-14.3(a)(1) (promoting prostitution by advancing
8        prostitution), 11-14.3(a)(2)(A) (promoting
9        prostitution by profiting from prostitution by
10        compelling a person to be a person engaged in the sex
11        trade prostitute), 11-14.3(a)(2)(C) (promoting
12        prostitution by profiting from prostitution by means
13        other than as described in subparagraphs (A) and (B)
14        of paragraph (2) of subsection (a) of Section
15        11-14.3), 11-14.4 (promoting commercial sexual
16        exploitation of a child juvenile prostitution),
17        11-18.1 (patronizing a sexually exploited child
18        juvenile prostitute), 11-20.1 (child pornography),
19        11-20.1B (aggravated child pornography), 11-21
20        (harmful material), 11-25 (grooming), 11-26 (traveling
21        to meet a minor or traveling to meet a child), 12-33
22        (ritualized abuse of a child), 11-20 (obscenity) (when
23        that offense was committed in any school, on real
24        property comprising any school, in any conveyance
25        owned, leased, or contracted by a school to transport
26        students to or from school or a school related

 

 

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1        activity, or in a public park), 11-30 (public
2        indecency) (when committed in a school, on real
3        property comprising a school, in any conveyance owned,
4        leased, or contracted by a school to transport
5        students to or from school or a school related
6        activity, or in a public park). An attempt to commit
7        any of these offenses.
8            (ii) A violation of any of the following Sections
9        of the Criminal Code of 1961 or the Criminal Code of
10        2012, when the victim is a person under 18 years of
11        age: 11-1.20 (criminal sexual assault), 11-1.30
12        (aggravated criminal sexual assault), 11-1.50
13        (criminal sexual abuse), 11-1.60 (aggravated criminal
14        sexual abuse). An attempt to commit any of these
15        offenses.
16            (iii) A violation of any of the following Sections
17        of the Criminal Code of 1961 or the Criminal Code of
18        2012, when the victim is a person under 18 years of age
19        and the defendant is not a parent of the victim:
20            10-1 (kidnapping),
21            10-2 (aggravated kidnapping),
22            10-3 (unlawful restraint),
23            10-3.1 (aggravated unlawful restraint),
24            11-9.1(A) (permitting sexual abuse of a child).
25            An attempt to commit any of these offenses.
26            (iv) A violation of any former law of this State

 

 

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1        substantially equivalent to any offense listed in
2        clause (2)(i) or (2)(ii) of subsection (d) of this
3        Section.
4        (2.5) For the purposes of subsections (b-5) and (b-10)
5    only, a 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:
9             10-5(b)(10) (child luring), 10-7 (aiding or
10        abetting child abduction under Section 10-5(b)(10)),
11        11-1.40 (predatory criminal sexual assault of a
12        child), 11-6 (indecent solicitation of a child),
13        11-6.5 (indecent solicitation of an adult), 11-9.2
14        (custodial sexual misconduct), 11-9.5 (sexual
15        misconduct with a person with a disability), 11-11
16        (sexual relations within families), 11-14.3(a)(1)
17        (promoting prostitution by advancing prostitution),
18        11-14.3(a)(2)(A) (promoting prostitution by profiting
19        from prostitution by compelling a person to be a
20        person engaged in the sex trade prostitute),
21        11-14.3(a)(2)(C) (promoting prostitution by profiting
22        from prostitution by means other than as described in
23        subparagraphs (A) and (B) of paragraph (2) of
24        subsection (a) of Section 11-14.3), 11-14.4 (promoting
25        commercial sexual exploitation of a child juvenile
26        prostitution), 11-18.1 (patronizing a sexually

 

 

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1        exploited child juvenile prostitute), 11-20.1 (child
2        pornography), 11-20.1B (aggravated child pornography),
3        11-25 (grooming), 11-26 (traveling to meet a minor or
4        traveling to meet a child), or 12-33 (ritualized abuse
5        of a child). An attempt to commit any of these
6        offenses.
7            (ii) A violation of any of the following Sections
8        of the Criminal Code of 1961 or the Criminal Code of
9        2012, when the victim is a person under 18 years of
10        age: 11-1.20 (criminal sexual assault), 11-1.30
11        (aggravated criminal sexual assault), 11-1.60
12        (aggravated criminal sexual abuse), and subsection (a)
13        of Section 11-1.50 (criminal sexual abuse). An attempt
14        to commit any of these offenses.
15            (iii) A violation of any of the following Sections
16        of the Criminal Code of 1961 or the Criminal Code of
17        2012, when the victim is a person under 18 years of age
18        and the defendant is not a parent of the victim:
19            10-1 (kidnapping),
20            10-2 (aggravated kidnapping),
21            10-3 (unlawful restraint),
22            10-3.1 (aggravated unlawful restraint),
23            11-9.1(A) (permitting sexual abuse of a child).
24            An attempt to commit any of these offenses.
25            (iv) A violation of any former law of this State
26        substantially equivalent to any offense listed in this

 

 

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1        paragraph (2.5) of this subsection.
2        (3) A conviction for an offense of federal law or the
3    law of another state that is substantially equivalent to
4    any offense listed in paragraph (2) of subsection (d) of
5    this Section shall constitute a conviction for the purpose
6    of this Section. A finding or adjudication as a sexually
7    dangerous person under any federal law or law of another
8    state that is substantially equivalent to the Sexually
9    Dangerous Persons Act shall constitute an adjudication for
10    the purposes of this Section.
11        (4) "Authorized emergency vehicle", "rescue vehicle",
12    and "vehicle" have the meanings ascribed to them in
13    Sections 1-105, 1-171.8 and 1-217, respectively, of the
14    Illinois Vehicle Code.
15        (5) "Child care institution" has the meaning ascribed
16    to it in Section 2.06 of the Child Care Act of 1969.
17        (6) "Day care center" has the meaning ascribed to it
18    in Section 2.09 of the Child Care Act of 1969.
19        (7) "Day care home" has the meaning ascribed to it in
20    Section 2.18 of the Child Care Act of 1969.
21        (8) "Facility providing programs or services directed
22    towards persons under the age of 18" means any facility
23    providing programs or services exclusively directed
24    towards persons under the age of 18.
25        (9) "Group day care home" has the meaning ascribed to
26    it in Section 2.20 of the Child Care Act of 1969.

 

 

SB2582- 142 -LRB103 32575 LNS 62176 b

1        (10) "Internet" has the meaning set forth in Section
2    16-0.1 of this Code.
3        (11) "Loiter" means:
4            (i) Standing, sitting idly, whether or not the
5        person is in a vehicle, or remaining in or around
6        school or public park property.
7            (ii) Standing, sitting idly, whether or not the
8        person is in a vehicle, or remaining in or around
9        school or public park property, for the purpose of
10        committing or attempting to commit a sex offense.
11            (iii) Entering or remaining in a building in or
12        around school property, other than the offender's
13        residence.
14        (12) "Part day child care facility" has the meaning
15    ascribed to it in Section 2.10 of the Child Care Act of
16    1969.
17        (13) "Playground" means a piece of land owned or
18    controlled by a unit of local government that is
19    designated by the unit of local government for use solely
20    or primarily for children's recreation.
21        (14) "Public park" includes a park, forest preserve,
22    bikeway, trail, or conservation area under the
23    jurisdiction of the State or a unit of local government.
24        (15) "School" means a public or private preschool or
25    elementary or secondary school.
26        (16) "School official" means the principal, a teacher,

 

 

SB2582- 143 -LRB103 32575 LNS 62176 b

1    or any other certified employee of the school, the
2    superintendent of schools or a member of the school board.
3    (e) For the purposes of this Section, the 500 feet
4distance shall be measured from: (1) the edge of the property
5of the school building or the real property comprising the
6school that is closest to the edge of the property of the child
7sex offender's residence or where he or she is loitering, and
8(2) the edge of the property comprising the public park
9building or the real property comprising the public park,
10playground, child care institution, day care center, part day
11child care facility, or facility providing programs or
12services exclusively directed toward persons under 18 years of
13age, or a victim of the sex offense who is under 21 years of
14age, to the edge of the child sex offender's place of residence
15or place where he or she is loitering.
16    (f) Sentence. A person who violates this Section is guilty
17of a Class 4 felony.
18(Source: P.A. 102-997, eff. 1-1-23.)
 
19    (720 ILCS 5/11-14.3)
20    Sec. 11-14.3. Promoting prostitution.
21    (a) Any person who knowingly performs any of the following
22acts commits promoting prostitution:
23        (1) advances prostitution as defined in Section
24    11-0.1;
25        (2) profits from prostitution by:

 

 

SB2582- 144 -LRB103 32575 LNS 62176 b

1            (A) compelling a person to become a person engaged
2        in the sex trade prostitute;
3            (B) arranging or offering to arrange a situation
4        in which a person may practice prostitution; or
5            (C) any means other than those described in
6        subparagraph (A) or (B), including from a person who
7        patronizes a person engaged in the sex trade
8        prostitute. This paragraph (C) does not apply to a
9        person engaged in prostitution who is under 18 years
10        of age. A person cannot be convicted of promoting
11        prostitution under this paragraph (C) if the practice
12        of prostitution underlying the offense consists
13        exclusively of the accused's own acts of prostitution
14        under Section 11-14 of this Code.
15    (b) Sentence.
16        (1) A violation of subdivision (a)(1) is a Class 4
17    felony, unless committed within 1,000 feet of real
18    property comprising a school, in which case it is a Class 3
19    felony. A second or subsequent violation of subdivision
20    (a)(1), or any combination of convictions under
21    subdivision (a)(1), (a)(2)(A), or (a)(2)(B) and Section
22    11-14 (prostitution), 11-14.1 (solicitation of a sexual
23    act), 11-14.4 (promoting commercial sexual exploitation of
24    a child juvenile prostitution), 11-15 (soliciting for a
25    person engaged in the sex trade prostitute), 11-15.1
26    (soliciting for a sexually exploited child juvenile

 

 

SB2582- 145 -LRB103 32575 LNS 62176 b

1    prostitute), 11-16 (pandering), 11-17 (keeping a place of
2    prostitution), 11-17.1 (keeping a place of commercial
3    sexual exploitation of a child juvenile prostitution),
4    11-18 (patronizing a person engaged in the sex trade
5    prostitute), 11-18.1 (patronizing a sexually exploited
6    child juvenile prostitute), 11-19 (pimping), 11-19.1
7    (juvenile pimping or aggravated juvenile pimping), or
8    11-19.2 (exploitation of a child), is a Class 3 felony.
9        (2) A violation of subdivision (a)(2)(A) or (a)(2)(B)
10    is a Class 4 felony, unless committed within 1,000 feet of
11    real property comprising a school, in which case it is a
12    Class 3 felony.
13        (3) A violation of subdivision (a)(2)(C) is a Class 4
14    felony, unless committed within 1,000 feet of real
15    property comprising a school, in which case it is a Class 3
16    felony. A second or subsequent violation of subdivision
17    (a)(2)(C), or any combination of convictions under
18    subdivision (a)(2)(C) and subdivision (a)(1), (a)(2)(A),
19    or (a)(2)(B) of this Section (promoting prostitution),
20    11-14 (prostitution), 11-14.1 (solicitation of a sexual
21    act), 11-14.4 (promoting commercial sexual exploitation of
22    a child juvenile prostitution), 11-15 (soliciting for a
23    person engaged in the sex trade prostitute), 11-15.1
24    (soliciting for a sexually exploited child juvenile
25    prostitute), 11-16 (pandering), 11-17 (keeping a place of
26    prostitution), 11-17.1 (keeping a place of commercial

 

 

SB2582- 146 -LRB103 32575 LNS 62176 b

1    sexual exploitation of a child juvenile prostitution),
2    11-18 (patronizing a person engaged in the sex trade
3    prostitute), 11-18.1 (patronizing a sexually exploited
4    child juvenile prostitute), 11-19 (pimping), 11-19.1
5    (juvenile pimping or aggravated juvenile pimping), or
6    11-19.2 (exploitation of a child), is a Class 3 felony.
7    If the court imposes a fine under this subsection (b), it
8shall be collected and distributed to the Specialized Services
9for Survivors of Human Trafficking Fund in accordance with
10Section 5-9-1.21 of the Unified Code of Corrections.
11(Source: P.A. 98-1013, eff. 1-1-15.)
 
12    (720 ILCS 5/11-14.4)
13    Sec. 11-14.4. Promoting commercial sexual exploitation of
14a child juvenile prostitution.
15    (a) Any person who knowingly performs any of the following
16acts commits promoting commercial sexual exploitation of a
17child juvenile prostitution:
18        (1) advances prostitution as defined in Section
19    11-0.1, where the minor engaged in prostitution, or any
20    person engaged in prostitution in the place, is under 18
21    years of age or is a person with a severe or profound
22    intellectual disability at the time of the offense;
23        (2) profits from prostitution by any means where the
24    person engaged in the sex trade prostituted person is a
25    sexually exploited child under 18 years of age or is a

 

 

SB2582- 147 -LRB103 32575 LNS 62176 b

1    person with a severe or profound intellectual disability
2    at the time of the offense;
3        (3) profits from prostitution by any means where the
4    sexually exploited child prostituted person is under 13
5    years of age at the time of the offense;
6        (4) confines a child under the age of 18 or a person
7    with a severe or profound intellectual disability against
8    his or her will by the infliction or threat of imminent
9    infliction of great bodily harm or permanent disability or
10    disfigurement or by administering to the child or the
11    person with a severe or profound intellectual disability,
12    without his or her consent or by threat or deception and
13    for other than medical purposes, any alcoholic intoxicant
14    or a drug as defined in the Illinois Controlled Substances
15    Act or the Cannabis Control Act or methamphetamine as
16    defined in the Methamphetamine Control and Community
17    Protection Act and:
18            (A) compels the child or the person with a severe
19        or profound intellectual disability to engage in
20        prostitution;
21            (B) arranges a situation in which the child or the
22        person with a severe or profound intellectual
23        disability may practice prostitution; or
24            (C) profits from prostitution by the child or the
25        person with a severe or profound intellectual
26        disability.

 

 

SB2582- 148 -LRB103 32575 LNS 62176 b

1    (b) For purposes of this Section, administering drugs, as
2defined in subdivision (a)(4), or an alcoholic intoxicant to a
3child under the age of 13 or a person with a severe or profound
4intellectual disability shall be deemed to be without consent
5if the administering is done without the consent of the
6parents or legal guardian or if the administering is performed
7by the parents or legal guardian for other than medical
8purposes.
9    (c) If the accused did not have a reasonable opportunity
10to observe the person engaged in the sex trade prostituted
11person, it is an affirmative defense to a charge of promoting
12commercial sexual exploitation of a child juvenile
13prostitution, except for a charge under subdivision (a)(4),
14that the accused reasonably believed the person was of the age
15of 18 years or over or was not a person with a severe or
16profound intellectual disability at the time of the act giving
17rise to the charge.
18    (d) Sentence. A violation of subdivision (a)(1) is a Class
191 felony, unless committed within 1,000 feet of real property
20comprising a school, in which case it is a Class X felony. A
21violation of subdivision (a)(2) is a Class 1 felony. A
22violation of subdivision (a)(3) is a Class X felony. A
23violation of subdivision (a)(4) is a Class X felony, for which
24the person shall be sentenced to a term of imprisonment of not
25less than 6 years and not more than 60 years. A second or
26subsequent violation of subdivision (a)(1), (a)(2), or (a)(3),

 

 

SB2582- 149 -LRB103 32575 LNS 62176 b

1or any combination of convictions under subdivision (a)(1),
2(a)(2), or (a)(3) and Sections 11-14 (prostitution), 11-14.1
3(solicitation of a sexual act), 11-14.3 (promoting
4prostitution), 11-15 (soliciting for a person engaged in the
5sex trade prostitute), 11-15.1 (soliciting for a sexually
6exploited child juvenile prostitute), 11-16 (pandering), 11-17
7(keeping a place of prostitution), 11-17.1 (keeping a place of
8commercial sexual exploitation of a child juvenile
9prostitution), 11-18 (patronizing a person engaged in the sex
10trade prostitute), 11-18.1 (patronizing a sexually exploited
11child juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile
12pimping or aggravated juvenile pimping), or 11-19.2
13(exploitation of a child) of this Code, is a Class X felony.
14    (e) Forfeiture. Any person convicted of a violation of
15this Section that involves promoting commercial sexual
16exploitation of a child juvenile prostitution by keeping a
17place of commercial sexual exploitation of a child juvenile
18prostitution or convicted of a violation of subdivision (a)(4)
19is subject to the property forfeiture provisions set forth in
20Article 124B of the Code of Criminal Procedure of 1963.
21    (f) For the purposes of this Section, "person engaged in
22the sex trade prostituted person" means any person who engages
23in, or agrees or offers to engage in, any act of sexual
24penetration as defined in Section 11-0.1 of this Code for any
25money, property, token, object, or article or anything of
26value, or any touching or fondling of the sex organs of one

 

 

SB2582- 150 -LRB103 32575 LNS 62176 b

1person by another person, for any money, property, token,
2object, or article or anything of value, for the purpose of
3sexual arousal or gratification.
4(Source: P.A. 99-143, eff. 7-27-15.)
 
5    (720 ILCS 5/11-18)  (from Ch. 38, par. 11-18)
6    Sec. 11-18. Patronizing a person engaged in the sex trade
7prostitute.
8    (a) Any person who knowingly performs any of the following
9acts with a person not his or her spouse commits patronizing a
10person engaged in the sex trade prostitute:
11        (1) Engages in an act of sexual penetration as defined
12    in Section 11-0.1 of this Code with a person engaged in the
13    sex trade prostitute; or
14        (2) Enters or remains in a place of prostitution with
15    intent to engage in an act of sexual penetration as
16    defined in Section 11-0.1 of this Code; or
17        (3) Engages in any touching or fondling with a person
18    engaged in the sex trade prostitute of the sex organs of
19    one person by the other person, with the intent to achieve
20    sexual arousal or gratification.
21    (b) Sentence.
22    Patronizing a person engaged in the sex trade prostitute
23is a Class 4 felony, unless committed within 1,000 feet of real
24property comprising a school, in which case it is a Class 3
25felony. A person convicted of a second or subsequent violation

 

 

SB2582- 151 -LRB103 32575 LNS 62176 b

1of this Section, or of any combination of such number of
2convictions under this Section and Sections 11-14
3(prostitution), 11-14.1 (solicitation of a sexual act),
411-14.3 (promoting prostitution), 11-14.4 (promoting
5commercial sexual exploitation of a child juvenile
6prostitution), 11-15 (soliciting for a person engaged in the
7sex trade prostitute), 11-15.1 (soliciting for a sexually
8exploited child juvenile prostitute), 11-16 (pandering), 11-17
9(keeping a place of prostitution), 11-17.1 (keeping a place of
10commercial sexual exploitation of a child juvenile
11prostitution), 11-18.1 (patronizing a sexually exploited child
12juvenile prostitute), 11-19 (pimping), 11-19.1 (juvenile
13pimping or aggravated juvenile pimping), or 11-19.2
14(exploitation of a child) of this Code, is guilty of a Class 3
15felony. If the court imposes a fine under this subsection (b),
16it shall be collected and distributed to the Specialized
17Services for Survivors of Human Trafficking Fund in accordance
18with Section 5-9-1.21 of the Unified Code of Corrections.
19    (c) (Blank).
20(Source: P.A. 98-1013, eff. 1-1-15.)
 
21    (720 ILCS 5/11-18.1)  (from Ch. 38, par. 11-18.1)
22    Sec. 11-18.1. Patronizing a sexually exploited child minor
23engaged in prostitution.
24    (a) Any person who engages in an act of sexual penetration
25as defined in Section 11-0.1 of this Code with a person who is

 

 

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1under 18 years of age engaged in prostitution who is under 18
2years of age or is a person with a severe or profound
3intellectual disability commits patronizing a sexually
4exploited child minor engaged in prostitution.
5    (a-5) Any person who engages in any touching or fondling,
6with a person engaged in prostitution who either is a sexually
7exploited child under 18 years of age or is a person with a
8severe or profound intellectual disability, of the sex organs
9of one person by the other person, with the intent to achieve
10sexual arousal or gratification, commits patronizing a
11sexually exploited child minor engaged in prostitution.
12    (b) It is an affirmative defense to the charge of
13patronizing a sexually exploited child minor engaged in
14prostitution that the accused reasonably believed that the
15person was of the age of 18 years or over or was not a person
16with a severe or profound intellectual disability at the time
17of the act giving rise to the charge.
18    (c) Sentence. A person who commits patronizing a sexually
19exploited child juvenile prostitute is guilty of a Class 3
20felony, unless committed within 1,000 feet of real property
21comprising a school, in which case it is a Class 2 felony. A
22person convicted of a second or subsequent violation of this
23Section, or of any combination of such number of convictions
24under this Section and Sections 11-14 (prostitution), 11-14.1
25(solicitation of a sexual act), 11-14.3 (promoting
26prostitution), 11-14.4 (promoting commercial sexual

 

 

SB2582- 153 -LRB103 32575 LNS 62176 b

1exploitation of a child juvenile prostitution), 11-15
2(soliciting for a person engaged in the sex trade prostitute),
311-15.1 (soliciting for a sexually exploited child juvenile
4prostitute), 11-16 (pandering), 11-17 (keeping a place of
5prostitution), 11-17.1 (keeping a place of commercial sexual
6exploitation of a child juvenile prostitution), 11-18
7(patronizing a person engaged in the sex trade prostitute),
811-19 (pimping), 11-19.1 (juvenile pimping or aggravated
9juvenile pimping), or 11-19.2 (exploitation of a child) of
10this Code, is guilty of a Class 2 felony. The fact of such
11conviction is not an element of the offense and may not be
12disclosed to the jury during trial unless otherwise permitted
13by issues properly raised during such trial.
14(Source: P.A. 99-143, eff. 7-27-15.)
 
15    (720 ILCS 5/33G-3)
16    (Section scheduled to be repealed on June 11, 2023)
17    Sec. 33G-3. Definitions. As used in this Article:
18    (a) "Another state" means any State of the United States
19(other than the State of Illinois), or the District of
20Columbia, or the Commonwealth of Puerto Rico, or any territory
21or possession of the United States, or any political
22subdivision, or any department, agency, or instrumentality
23thereof.
24    (b) "Enterprise" includes:
25        (1) any partnership, corporation, association,

 

 

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1    business or charitable trust, or other legal entity; and
2        (2) any group of individuals or other legal entities,
3    or any combination thereof, associated in fact although
4    not itself a legal entity. An association in fact must be
5    held together by a common purpose of engaging in a course
6    of conduct, and it may be associated together for purposes
7    that are both legal and illegal. An association in fact
8    must:
9            (A) have an ongoing organization or structure,
10        either formal or informal;
11            (B) the various members of the group must function
12        as a continuing unit, even if the group changes
13        membership by gaining or losing members over time; and
14            (C) have an ascertainable structure distinct from
15        that inherent in the conduct of a pattern of predicate
16        activity.
17    As used in this Article, "enterprise" includes licit and
18illicit enterprises.
19    (c) "Labor organization" includes any organization, labor
20union, craft union, or any voluntary unincorporated
21association designed to further the cause of the rights of
22union labor that is constituted for the purpose, in whole or in
23part, of collective bargaining or of dealing with employers
24concerning grievances, terms or conditions of employment, or
25apprenticeships or applications for apprenticeships, or of
26other mutual aid or protection in connection with employment,

 

 

SB2582- 155 -LRB103 32575 LNS 62176 b

1including apprenticeships or applications for apprenticeships.
2    (d) "Operation or management" means directing or carrying
3out the enterprise's affairs and is limited to any person who
4knowingly serves as a leader, organizer, operator, manager,
5director, supervisor, financier, advisor, recruiter, supplier,
6or enforcer of an enterprise in violation of this Article.
7    (e) "Predicate activity" means any act that is a Class 2
8felony or higher and constitutes a violation or violations of
9any of the following provisions of the laws of the State of
10Illinois (as amended or revised as of the date the activity
11occurred or, in the instance of a continuing offense, the date
12that charges under this Article are filed in a particular
13matter in the State of Illinois) or any act under the law of
14another jurisdiction for an offense that could be charged as a
15Class 2 felony or higher in this State:
16        (1) under the Criminal Code of 1961 or the Criminal
17    Code of 2012: 8-1.2 (solicitation of murder for hire), 9-1
18    (first degree murder), 9-3.3 (drug-induced homicide), 10-1
19    (kidnapping), 10-2 (aggravated kidnapping), 10-3.1
20    (aggravated unlawful restraint), 10-4 (forcible
21    detention), 10-5(b)(10) (child abduction), 10-9
22    (trafficking in persons, involuntary servitude, and
23    related offenses), 11-1.20 (criminal sexual assault),
24    11-1.30 (aggravated criminal sexual assault), 11-1.40
25    (predatory criminal sexual assault of a child), 11-1.60
26    (aggravated criminal sexual abuse), 11-6 (indecent

 

 

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1    solicitation of a child), 11-6.5 (indecent solicitation of
2    an adult), 11-14.3(a)(2)(A) and (a)(2)(B) (promoting
3    prostitution), 11-14.4 (promoting commercial sexual
4    exploitation of a child juvenile prostitution), 11-18.1
5    (patronizing a sexually exploited child minor engaged in
6    prostitution; patronizing a sexually exploited child
7    juvenile prostitute), 12-3.05 (aggravated battery), 12-6.4
8    (criminal street gang recruitment), 12-6.5 (compelling
9    organization membership of persons), 12-7.3 (stalking),
10    12-7.4 (aggravated stalking), 12-7.5 (cyberstalking),
11    12-11 or 19-6 (home invasion), 12-11.1 or 18-6 (vehicular
12    invasion), 18-1 (robbery; aggravated robbery), 18-2 (armed
13    robbery), 18-3 (vehicular hijacking), 18-4 (aggravated
14    vehicular hijacking), 18-5 (aggravated robbery), 19-1
15    (burglary), 19-3 (residential burglary), 20-1 (arson;
16    residential arson; place of worship arson), 20-1.1
17    (aggravated arson), 20-1.2 (residential arson), 20-1.3
18    (place of worship arson), 24-1.2 (aggravated discharge of
19    a firearm), 24-1.2-5 (aggravated discharge of a machine
20    gun or silencer equipped firearm), 24-1.8 (unlawful
21    possession of a firearm by a street gang member), 24-3.2
22    (unlawful discharge of firearm projectiles), 24-3.9
23    (aggravated possession of a stolen firearm), 24-3A
24    (gunrunning), 26-5 or 48-1 (dog-fighting), 29D-14.9
25    (terrorism), 29D-15 (soliciting support for terrorism),
26    29D-15.1 (causing a catastrophe), 29D-15.2 (possession of

 

 

SB2582- 157 -LRB103 32575 LNS 62176 b

1    a deadly substance), 29D-20 (making a terrorist threat),
2    29D-25 (falsely making a terrorist threat), 29D-29.9
3    (material support for terrorism), 29D-35 (hindering
4    prosecution of terrorism), 31A-1.2 (unauthorized
5    contraband in a penal institution), or 33A-3 (armed
6    violence);
7        (2) under the Cannabis Control Act: Sections 5
8    (manufacture or delivery of cannabis), 5.1 (cannabis
9    trafficking), or 8 (production or possession of cannabis
10    plants), provided the offense either involves more than
11    500 grams of any substance containing cannabis or involves
12    more than 50 cannabis sativa plants;
13        (3) under the Illinois Controlled Substances Act:
14    Sections 401 (manufacture or delivery of a controlled
15    substance), 401.1 (controlled substance trafficking), 405
16    (calculated criminal drug conspiracy), or 405.2 (street
17    gang criminal drug conspiracy); or
18        (4) under the Methamphetamine Control and Community
19    Protection Act: Sections 15 (methamphetamine
20    manufacturing), or 55 (methamphetamine delivery).
21    (f) "Pattern of predicate activity" means:
22        (1) at least 3 occurrences of predicate activity that
23    are in some way related to each other and that have
24    continuity between them, and that are separate acts. Acts
25    are related to each other if they are not isolated events,
26    including if they have similar purposes, or results, or

 

 

SB2582- 158 -LRB103 32575 LNS 62176 b

1    participants, or victims, or are committed a similar way,
2    or have other similar distinguishing characteristics, or
3    are part of the affairs of the same enterprise. There is
4    continuity between acts if they are ongoing over a
5    substantial period, or if they are part of the regular way
6    some entity does business or conducts its affairs; and
7        (2) which occurs after the effective date of this
8    Article, and the last of which falls within 3 years
9    (excluding any period of imprisonment) after the first
10    occurrence of predicate activity.
11    (g) "Unlawful death" includes the following offenses:
12under the Code of 1961 or the Criminal Code of 2012: Sections
139-1 (first degree murder) or 9-2 (second degree murder).
14(Source: P.A. 97-686, eff. 6-11-12; 97-1150, eff. 1-25-13.)
 
15    (720 ILCS 5/36-1)  (from Ch. 38, par. 36-1)
16    (Text of Section before amendment by P.A. 102-982)
17    Sec. 36-1. Property subject to forfeiture.
18    (a) Any vessel or watercraft, vehicle, or aircraft is
19subject to forfeiture under this Article if the vessel or
20watercraft, vehicle, or aircraft is used with the knowledge
21and consent of the owner in the commission of or in the attempt
22to commit as defined in Section 8-4 of this Code:
23        (1) an offense prohibited by Section 9-1 (first degree
24    murder), Section 9-3 (involuntary manslaughter and
25    reckless homicide), Section 10-2 (aggravated kidnaping),

 

 

SB2582- 159 -LRB103 32575 LNS 62176 b

1    Section 11-1.20 (criminal sexual assault), Section 11-1.30
2    (aggravated criminal sexual assault), Section 11-1.40
3    (predatory criminal sexual assault of a child), subsection
4    (a) of Section 11-1.50 (criminal sexual abuse), subsection
5    (a), (c), or (d) of Section 11-1.60 (aggravated criminal
6    sexual abuse), Section 11-6 (indecent solicitation of a
7    child), Section 11-14.4 (promoting commercial sexual
8    exploitation of a child juvenile prostitution except for
9    keeping a place of commercial sexual exploitation of a
10    child juvenile prostitution), Section 11-20.1 (child
11    pornography), paragraph (a)(1), (a)(2), (a)(4), (b)(1),
12    (b)(2), (e)(1), (e)(2), (e)(3), (e)(4), (e)(5), (e)(6), or
13    (e)(7) of Section 12-3.05 (aggravated battery), Section
14    12-7.3 (stalking), Section 12-7.4 (aggravated stalking),
15    Section 16-1 (theft if the theft is of precious metal or of
16    scrap metal), subdivision (f)(2) or (f)(3) of Section
17    16-25 (retail theft), Section 18-2 (armed robbery),
18    Section 19-1 (burglary), Section 19-2 (possession of
19    burglary tools), Section 19-3 (residential burglary),
20    Section 20-1 (arson; residential arson; place of worship
21    arson), Section 20-2 (possession of explosives or
22    explosive or incendiary devices), subdivision (a)(6) or
23    (a)(7) of Section 24-1 (unlawful use of weapons), Section
24    24-1.2 (aggravated discharge of a firearm), Section
25    24-1.2-5 (aggravated discharge of a machine gun or a
26    firearm equipped with a device designed or used for

 

 

SB2582- 160 -LRB103 32575 LNS 62176 b

1    silencing the report of a firearm), Section 24-1.5
2    (reckless discharge of a firearm), Section 28-1
3    (gambling), or Section 29D-15.2 (possession of a deadly
4    substance) of this Code;
5        (2) an offense prohibited by Section 21, 22, 23, 24 or
6    26 of the Cigarette Tax Act if the vessel or watercraft,
7    vehicle, or aircraft contains more than 10 cartons of such
8    cigarettes;
9        (3) an offense prohibited by Section 28, 29, or 30 of
10    the Cigarette Use Tax Act if the vessel or watercraft,
11    vehicle, or aircraft contains more than 10 cartons of such
12    cigarettes;
13        (4) an offense prohibited by Section 44 of the
14    Environmental Protection Act;
15        (5) an offense prohibited by Section 11-204.1 of the
16    Illinois Vehicle Code (aggravated fleeing or attempting to
17    elude a peace officer);
18        (6) an offense prohibited by Section 11-501 of the
19    Illinois Vehicle Code (driving while under the influence
20    of alcohol or other drug or drugs, intoxicating compound
21    or compounds or any combination thereof) or a similar
22    provision of a local ordinance, and:
23            (A) during a period in which his or her driving
24        privileges are revoked or suspended if the revocation
25        or suspension was for:
26                (i) Section 11-501 (driving under the

 

 

SB2582- 161 -LRB103 32575 LNS 62176 b

1            influence of alcohol or other drug or drugs,
2            intoxicating compound or compounds or any
3            combination thereof),
4                (ii) Section 11-501.1 (statutory summary
5            suspension or revocation),
6                (iii) paragraph (b) of Section 11-401 (motor
7            vehicle accidents involving death or personal
8            injuries), or
9                (iv) reckless homicide as defined in Section
10            9-3 of this Code;
11            (B) has been previously convicted of reckless
12        homicide or a similar provision of a law of another
13        state relating to reckless homicide in which the
14        person was determined to have been under the influence
15        of alcohol, other drug or drugs, or intoxicating
16        compound or compounds as an element of the offense or
17        the person has previously been convicted of committing
18        a violation of driving under the influence of alcohol
19        or other drug or drugs, intoxicating compound or
20        compounds or any combination thereof and was involved
21        in a motor vehicle accident that resulted in death,
22        great bodily harm, or permanent disability or
23        disfigurement to another, when the violation was a
24        proximate cause of the death or injuries;
25            (C) the person committed a violation of driving
26        under the influence of alcohol or other drug or drugs,

 

 

SB2582- 162 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 163 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 164 -LRB103 32575 LNS 62176 b

1    (c) In addition, when a person discharges a firearm at
2another individual from a vehicle with the knowledge and
3consent of the owner of the vehicle and with the intent to
4cause death or great bodily harm to that individual and as a
5result causes death or great bodily harm to that individual,
6the vehicle shall be subject to seizure and forfeiture under
7the same procedures provided in this Article for the seizure
8and forfeiture of vehicles used in violations of clauses (1),
9(2), (3), or (4) of subsection (a) of this Section.
10    (d) If the spouse of the owner of a vehicle seized for an
11offense described in subsection (g) of Section 6-303 of the
12Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
13(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1411-501 of the Illinois Vehicle Code, or Section 9-3 of this
15Code makes a showing that the seized vehicle is the only source
16of transportation and it is determined that the financial
17hardship to the family as a result of the seizure outweighs the
18benefit to the State from the seizure, the vehicle may be
19forfeited to the spouse or family member and the title to the
20vehicle shall be transferred to the spouse or family member
21who is properly licensed and who requires the use of the
22vehicle for employment or family transportation purposes. A
23written declaration of forfeiture of a vehicle under this
24Section shall be sufficient cause for the title to be
25transferred to the spouse or family member. The provisions of
26this paragraph shall apply only to one forfeiture per vehicle.

 

 

SB2582- 165 -LRB103 32575 LNS 62176 b

1If the vehicle is the subject of a subsequent forfeiture
2proceeding by virtue of a subsequent conviction of either
3spouse or the family member, the spouse or family member to
4whom the vehicle was forfeited under the first forfeiture
5proceeding may not utilize the provisions of this paragraph in
6another forfeiture proceeding. If the owner of the vehicle
7seized owns more than one vehicle, the procedure set out in
8this paragraph may be used for only one vehicle.
9    (e) In addition, property subject to forfeiture under
10Section 40 of the Illinois Streetgang Terrorism Omnibus
11Prevention Act may be seized and forfeited under this Article.
12(Source: P.A. 99-78, eff. 7-20-15; 100-512, eff. 7-1-18.)
 
13    (Text of Section after amendment by P.A. 102-982)
14    Sec. 36-1. Property subject to forfeiture.
15    (a) Any vessel or watercraft, vehicle, or aircraft is
16subject to forfeiture under this Article if the vessel or
17watercraft, vehicle, or aircraft is used with the knowledge
18and consent of the owner in the commission of or in the attempt
19to commit as defined in Section 8-4 of this Code:
20        (1) an offense prohibited by Section 9-1 (first degree
21    murder), Section 9-3 (involuntary manslaughter and
22    reckless homicide), Section 10-2 (aggravated kidnaping),
23    Section 11-1.20 (criminal sexual assault), Section 11-1.30
24    (aggravated criminal sexual assault), Section 11-1.40
25    (predatory criminal sexual assault of a child), subsection

 

 

SB2582- 166 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 167 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 168 -LRB103 32575 LNS 62176 b

1                (ii) Section 11-501.1 (statutory summary
2            suspension or revocation),
3                (iii) paragraph (b) of Section 11-401 (motor
4            vehicle crashes involving death or personal
5            injuries), or
6                (iv) reckless homicide as defined in Section
7            9-3 of this Code;
8            (B) has been previously convicted of reckless
9        homicide or a similar provision of a law of another
10        state relating to reckless homicide in which the
11        person was determined to have been under the influence
12        of alcohol, other drug or drugs, or intoxicating
13        compound or compounds as an element of the offense or
14        the person has previously been convicted of committing
15        a violation of driving under the influence of alcohol
16        or other drug or drugs, intoxicating compound or
17        compounds or any combination thereof and was involved
18        in a motor vehicle crash that resulted in death, great
19        bodily harm, or permanent disability or disfigurement
20        to another, when the violation was a proximate cause
21        of the death or injuries;
22            (C) the person committed a violation of driving
23        under the influence of alcohol or other drug or drugs,
24        intoxicating compound or compounds or any combination
25        thereof under Section 11-501 of the Illinois Vehicle
26        Code or a similar provision for the third or

 

 

SB2582- 169 -LRB103 32575 LNS 62176 b

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

 

 

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

 

 

SB2582- 171 -LRB103 32575 LNS 62176 b

1cause death or great bodily harm to that individual and as a
2result causes death or great bodily harm to that individual,
3the vehicle shall be subject to seizure and forfeiture under
4the same procedures provided in this Article for the seizure
5and forfeiture of vehicles used in violations of clauses (1),
6(2), (3), or (4) of subsection (a) of this Section.
7    (d) If the spouse of the owner of a vehicle seized for an
8offense described in subsection (g) of Section 6-303 of the
9Illinois Vehicle Code, a violation of subdivision (d)(1)(A),
10(d)(1)(D), (d)(1)(G), (d)(1)(H), or (d)(1)(I) of Section
1111-501 of the Illinois Vehicle Code, or Section 9-3 of this
12Code makes a showing that the seized vehicle is the only source
13of transportation and it is determined that the financial
14hardship to the family as a result of the seizure outweighs the
15benefit to the State from the seizure, the vehicle may be
16forfeited to the spouse or family member and the title to the
17vehicle shall be transferred to the spouse or family member
18who is properly licensed and who requires the use of the
19vehicle for employment or family transportation purposes. A
20written declaration of forfeiture of a vehicle under this
21Section shall be sufficient cause for the title to be
22transferred to the spouse or family member. The provisions of
23this paragraph shall apply only to one forfeiture per vehicle.
24If the vehicle is the subject of a subsequent forfeiture
25proceeding by virtue of a subsequent conviction of either
26spouse or the family member, the spouse or family member to

 

 

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1whom the vehicle was forfeited under the first forfeiture
2proceeding may not utilize the provisions of this paragraph in
3another forfeiture proceeding. If the owner of the vehicle
4seized owns more than one vehicle, the procedure set out in
5this paragraph may be used for only one vehicle.
6    (e) In addition, property subject to forfeiture under
7Section 40 of the Illinois Streetgang Terrorism Omnibus
8Prevention Act may be seized and forfeited under this Article.
9(Source: P.A. 102-982, eff. 7-1-23.)
 
10    Section 140. The Code of Criminal Procedure of 1963 is
11amended by changing Sections 108B-3, 111-8, 124B-10, 124B-100,
12and 124B-300 as follows:
 
13    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
14    Sec. 108B-3. Authorization for the interception of private
15communication.
16    (a) The State's Attorney, or a person designated in
17writing or by law to act for him and to perform his duties
18during his absence or disability, may authorize, in writing,
19an ex parte application to the chief judge of a court of
20competent jurisdiction for an order authorizing the
21interception of a private communication when no party has
22consented to the interception and (i) the interception may
23provide evidence of, or may assist in the apprehension of a
24person who has committed, is committing or is about to commit,

 

 

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1a violation of Section 8-1(b) (solicitation of murder), 8-1.2
2(solicitation of murder for hire), 9-1 (first degree murder),
310-9 (involuntary servitude, involuntary sexual servitude of a
4minor, or trafficking in persons), paragraph (1), (2), or (3)
5of subsection (a) of Section 11-14.4 (promoting commercial
6sexual exploitation of a child juvenile prostitution),
7subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3
8(promoting prostitution), 11-15.1 (soliciting for a sexually
9exploited child minor engaged in prostitution), 11-16
10(pandering), 11-17.1 (keeping a place of commercial sexual
11exploitation of a child juvenile prostitution), 11-18.1
12(patronizing a sexually exploited child minor engaged in
13prostitution), 11-19.1 (juvenile pimping and aggravated
14juvenile pimping), or 29B-1 (money laundering) of the Criminal
15Code of 1961 or the Criminal Code of 2012, Section 401, 401.1
16(controlled substance trafficking), 405, 405.1 (criminal drug
17conspiracy) or 407 of the Illinois Controlled Substances Act
18or any Section of the Methamphetamine Control and Community
19Protection Act, a violation of Section 24-2.1, 24-2.2, 24-3,
2024-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection
2124-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10),
22or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of
232012 or conspiracy to commit money laundering or conspiracy to
24commit first degree murder; (ii) in response to a clear and
25present danger of imminent death or great bodily harm to
26persons resulting from: (1) a kidnapping or the holding of a

 

 

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1hostage by force or the threat of the imminent use of force; or
2(2) the occupation by force or the threat of the imminent use
3of force of any premises, place, vehicle, vessel or aircraft;
4(iii) to aid an investigation or prosecution of a civil action
5brought under the Illinois Streetgang Terrorism Omnibus
6Prevention Act when there is probable cause to believe the
7interception of the private communication will provide
8evidence that a streetgang is committing, has committed, or
9will commit a second or subsequent gang-related offense or
10that the interception of the private communication will aid in
11the collection of a judgment entered under that Act; or (iv)
12upon information and belief that a streetgang has committed,
13is committing, or is about to commit a felony.
14    (b) The State's Attorney or a person designated in writing
15or by law to act for the State's Attorney and to perform his or
16her duties during his or her absence or disability, may
17authorize, in writing, an ex parte application to the chief
18judge of a circuit court for an order authorizing the
19interception of a private communication when no party has
20consented to the interception and the interception may provide
21evidence of, or may assist in the apprehension of a person who
22has committed, is committing or is about to commit, a
23violation of an offense under Article 29D of the Criminal Code
24of 1961 or the Criminal Code of 2012.
25    (b-1) Subsection (b) is inoperative on and after January
261, 2005.

 

 

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1    (b-2) No conversations recorded or monitored pursuant to
2subsection (b) shall be made inadmissible in a court of law by
3virtue of subsection (b-1).
4    (c) As used in this Section, "streetgang" and
5"gang-related" have the meanings ascribed to them in Section
610 of the Illinois Streetgang Terrorism Omnibus Prevention
7Act.
8(Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10;
997-897, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
10    (725 ILCS 5/111-8)  (from Ch. 38, par. 111-8)
11    Sec. 111-8. Orders of protection to prohibit domestic
12violence.
13    (a) Whenever a violation of Section 9-1, 9-2, 9-3, 10-3,
1410-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1511-1.60, 11-14.3 that involves soliciting for a person engaged
16in the sex trade prostitute, 11-14.4 that involves soliciting
17for a sexually exploited child juvenile prostitute, 11-15,
1811-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1, 12-2, 12-3,
1912-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3, 12-4.6,
2012-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13,
2112-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or
2226.5-2 of the Criminal Code of 1961 or the Criminal Code of
232012 or Section 1-1 of the Harassing and Obscene
24Communications Act is alleged in an information, complaint or
25indictment on file, and the alleged offender and victim are

 

 

SB2582- 176 -LRB103 32575 LNS 62176 b

1family or household members, as defined in the Illinois
2Domestic Violence Act of 1986, as now or hereafter amended,
3the People through the respective State's Attorneys may by
4separate petition and upon notice to the defendant, except as
5provided in subsection (c) herein, request the court to issue
6an order of protection.
7    (b) In addition to any other remedies specified in Section
8208 of the Illinois Domestic Violence Act of 1986, as now or
9hereafter amended, the order may direct the defendant to
10initiate no contact with the alleged victim or victims who are
11family or household members and to refrain from entering the
12residence, school or place of business of the alleged victim
13or victims.
14    (c) The court may grant emergency relief without notice
15upon a showing of immediate and present danger of abuse to the
16victim or minor children of the victim and may enter a
17temporary order pending notice and full hearing on the matter.
18(Source: P.A. 99-642, eff. 7-28-16.)
 
19    (725 ILCS 5/124B-10)
20    Sec. 124B-10. Applicability; offenses. This Article
21applies to forfeiture of property in connection with the
22following:
23        (1) A violation of Section 10-9 or 10A-10 of the
24    Criminal Code of 1961 or the Criminal Code of 2012
25    (involuntary servitude; involuntary servitude of a minor;

 

 

SB2582- 177 -LRB103 32575 LNS 62176 b

1    or trafficking in persons).
2        (2) A violation of subdivision (a)(1) of Section
3    11-14.4 of the Criminal Code of 1961 or the Criminal Code
4    of 2012 (promoting commercial sexual exploitation of a
5    child juvenile prostitution) or a violation of Section
6    11-17.1 of the Criminal Code of 1961 (keeping a place of
7    commercial sexual exploitation of a child juvenile
8    prostitution).
9        (3) A violation of subdivision (a)(4) of Section
10    11-14.4 of the Criminal Code of 1961 or the Criminal Code
11    of 2012 (promoting commercial sexual exploitation of a
12    child juvenile prostitution) or a violation of Section
13    11-19.2 of the Criminal Code of 1961 (exploitation of a
14    child).
15        (4) A second or subsequent violation of Section 11-20
16    of the Criminal Code of 1961 or the Criminal Code of 2012
17    (obscenity).
18        (5) A violation of Section 11-20.1 of the Criminal
19    Code of 1961 or the Criminal Code of 2012 (child
20    pornography).
21        (6) A violation of Section 11-20.1B or 11-20.3 of the
22    Criminal Code of 1961 (aggravated child pornography).
23        (6.5) A violation of Section 11-23.5 of the Criminal
24    Code of 2012.
25        (7) A violation of Section 12C-65 of the Criminal Code
26    of 2012 or Article 44 of the Criminal Code of 1961

 

 

SB2582- 178 -LRB103 32575 LNS 62176 b

1    (unlawful transfer of a telecommunications device to a
2    minor).
3        (8) A violation of Section 17-50 or Section 16D-5 of
4    the Criminal Code of 2012 or the Criminal Code of 1961
5    (computer fraud).
6        (9) A felony violation of Section 17-6.3 or Article
7    17B of the Criminal Code of 2012 or the Criminal Code of
8    1961 (WIC fraud).
9        (10) A felony violation of Section 48-1 of the
10    Criminal Code of 2012 or Section 26-5 of the Criminal Code
11    of 1961 (dog fighting).
12        (11) A violation of Article 29D of the Criminal Code
13    of 1961 or the Criminal Code of 2012 (terrorism).
14        (12) A felony violation of Section 4.01 of the Humane
15    Care for Animals Act (animals in entertainment).
16(Source: P.A. 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13;
1797-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff.
186-1-15.)
 
19    (725 ILCS 5/124B-100)
20    Sec. 124B-100. Definition; "offense". For purposes of this
21Article, "offense" is defined as follows:
22        (1) In the case of forfeiture authorized under Section
23    10A-15 of the Criminal Code of 1961 or Section 10-9 of the
24    Criminal Code of 2012, "offense" means the offense of
25    involuntary servitude, involuntary servitude of a minor,

 

 

SB2582- 179 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 180 -LRB103 32575 LNS 62176 b

1    11-20.1B or 11-20.3 of the Criminal Code of 1961,
2    "offense" means the offense of aggravated child
3    pornography in violation of Section 11-20.1B or 11-20.3 of
4    that Code.
5        (7) In the case of forfeiture authorized under Section
6    12C-65 of the Criminal Code of 2012 or Article 44 of the
7    Criminal Code of 1961, "offense" means the offense of
8    unlawful transfer of a telecommunications device to a
9    minor in violation of Section 12C-65 or Article 44 of
10    those Codes.
11        (8) In the case of forfeiture authorized under Section
12    17-50 or 16D-5 of the Criminal Code of 1961 or the Criminal
13    Code of 2012, "offense" means the offense of computer
14    fraud in violation of Section 17-50 or 16D-5 of those
15    Codes.
16        (9) In the case of forfeiture authorized under Section
17    17-6.3 or Article 17B of the Criminal Code of 1961 or the
18    Criminal Code of 2012, "offense" means any felony
19    violation of Section 17-6.3 or Article 17B of those Codes.
20        (10) In the case of forfeiture authorized under
21    Section 29D-65 of the Criminal Code of 1961 or the
22    Criminal Code of 2012, "offense" means any offense under
23    Article 29D of that Code.
24        (11) In the case of forfeiture authorized under
25    Section 4.01 of the Humane Care for Animals Act, Section
26    26-5 of the Criminal Code of 1961, or Section 48-1 of the

 

 

SB2582- 181 -LRB103 32575 LNS 62176 b

1    Criminal Code of 2012, "offense" means any felony offense
2    under either of those Sections.
3        (12) In the case of forfeiture authorized under
4    Section 124B-1000(b) of the Code of Criminal Procedure of
5    1963, "offense" means an offense in violation of the
6    Criminal Code of 1961, the Criminal Code of 2012, the
7    Illinois Controlled Substances Act, the Cannabis Control
8    Act, or the Methamphetamine Control and Community
9    Protection Act, or an offense involving a
10    telecommunications device possessed by a person on the
11    real property of any elementary or secondary school
12    without authority of the school principal.
13(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11;
1497-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff.
151-1-13; 97-1150, eff. 1-25-13.)
 
16    (725 ILCS 5/124B-300)
17    Sec. 124B-300. Persons and property subject to forfeiture.
18A person who commits the offense of involuntary servitude,
19involuntary servitude of a minor, or trafficking of persons
20under Section 10A-10 or Section 10-9 of the Criminal Code of
211961 or the Criminal Code of 2012, promoting commercial sexual
22exploitation of a child juvenile prostitution, keeping a place
23of commercial sexual exploitation of a child juvenile
24prostitution, or promoting prostitution that involves keeping
25a place of prostitution under subsection (a)(1) or (a)(4) of

 

 

SB2582- 182 -LRB103 32575 LNS 62176 b

1Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2
2of the Criminal Code of 1961 or of the Criminal Code of 2012
3shall forfeit to the State of Illinois any profits or proceeds
4and any property he or she has acquired or maintained in
5violation of Section 10A-10 or Section 10-9 of the Criminal
6Code of 1961 or the Criminal Code of 2012, promoting
7commercial sexual exploitation of a child juvenile
8prostitution, keeping a place of commercial sexual
9exploitation of a child juvenile prostitution, or promoting
10prostitution that involves keeping a place of prostitution
11under subsection (a)(1) or (a)(4) of Section 11-14.4 or under
12Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of
131961 or of the Criminal Code of 2012 that the sentencing court
14determines, after a forfeiture hearing under this Article, to
15have been acquired or maintained as a result of maintaining a
16person in involuntary servitude or participating in
17trafficking of persons.
18(Source: P.A. 97-1150, eff. 1-25-13; 98-1013, eff. 1-1-15.)
 
19    Section 145. The Sexually Violent Persons Commitment Act
20is amended by changing Section 40 as follows:
 
21    (725 ILCS 207/40)
22    Sec. 40. Commitment.
23    (a) If a court or jury determines that the person who is
24the subject of a petition under Section 15 of this Act is a

 

 

SB2582- 183 -LRB103 32575 LNS 62176 b

1sexually violent person, the court shall order the person to
2be committed to the custody of the Department for control,
3care and treatment until such time as the person is no longer a
4sexually violent person.
5    (b)(1) The court shall enter an initial commitment order
6under this Section pursuant to a hearing held as soon as
7practicable after the judgment is entered that the person who
8is the subject of a petition under Section 15 is a sexually
9violent person. If the court lacks sufficient information to
10make the determination required by paragraph (b)(2) of this
11Section immediately after trial, it may adjourn the hearing
12and order the Department to conduct a predisposition
13investigation or a supplementary mental examination, or both,
14to assist the court in framing the commitment order. If the
15Department's examining evaluator previously rendered an
16opinion that the person who is the subject of a petition under
17Section 15 does not meet the criteria to be found a sexually
18violent person, then another evaluator shall conduct the
19predisposition investigation and/or supplementary mental
20examination. A supplementary mental examination under this
21Section shall be conducted in accordance with Section 3-804 of
22the Mental Health and Developmental Disabilities Code. The
23State has the right to have the person evaluated by experts
24chosen by the State.
25    (2) An order for commitment under this Section shall
26specify either institutional care in a secure facility, as

 

 

SB2582- 184 -LRB103 32575 LNS 62176 b

1provided under Section 50 of this Act, or conditional release.
2In determining whether commitment shall be for institutional
3care in a secure facility or for conditional release, the
4court shall consider the nature and circumstances of the
5behavior that was the basis of the allegation in the petition
6under paragraph (b)(1) of Section 15, the person's mental
7history and present mental condition, and what arrangements
8are available to ensure that the person has access to and will
9participate in necessary treatment. All treatment, whether in
10institutional care, in a secure facility, or while on
11conditional release, shall be conducted in conformance with
12the standards developed under the Sex Offender Management
13Board Act and conducted by a treatment provider licensed under
14the Sex Offender Evaluation and Treatment Provider Act. The
15Department shall arrange for control, care and treatment of
16the person in the least restrictive manner consistent with the
17requirements of the person and in accordance with the court's
18commitment order.
19    (3) If the court finds that the person is appropriate for
20conditional release, the court shall notify the Department.
21The Department shall prepare a plan that identifies the
22treatment and services, if any, that the person will receive
23in the community. The plan shall address the person's need, if
24any, for supervision, counseling, medication, community
25support services, residential services, vocational services,
26and alcohol or other drug abuse treatment. The Department may

 

 

SB2582- 185 -LRB103 32575 LNS 62176 b

1contract with a county health department, with another public
2agency or with a private agency to provide the treatment and
3services identified in the plan. The plan shall specify who
4will be responsible for providing the treatment and services
5identified in the plan. The plan shall be presented to the
6court for its approval within 60 days after the court finding
7that the person is appropriate for conditional release, unless
8the Department and the person to be released request
9additional time to develop the plan. The conditional release
10program operated under this Section is not subject to the
11provisions of the Mental Health and Developmental Disabilities
12Confidentiality Act.
13    (4) An order for conditional release places the person in
14the custody and control of the Department. A person on
15conditional release is subject to the conditions set by the
16court and to the rules of the Department. Before a person is
17placed on conditional release by the court under this Section,
18the court shall so notify the municipal police department and
19county sheriff for the municipality and county in which the
20person will be residing. The notification requirement under
21this Section does not apply if a municipal police department
22or county sheriff submits to the court a written statement
23waiving the right to be notified. Notwithstanding any other
24provision in the Act, the person being supervised on
25conditional release shall not reside at the same street
26address as another sex offender being supervised on

 

 

SB2582- 186 -LRB103 32575 LNS 62176 b

1conditional release under this Act, mandatory supervised
2release, parole, aftercare release, probation, or any other
3manner of supervision. If the Department alleges that a
4released person has violated any condition or rule, or that
5the safety of others requires that conditional release be
6revoked, he or she may be taken into custody under the rules of
7the Department.
8    At any time during which the person is on conditional
9release, if the Department determines that the person has
10violated any condition or rule, or that the safety of others
11requires that conditional release be revoked, the Department
12may request the Attorney General or State's Attorney to
13request the court to issue an emergency ex parte order
14directing any law enforcement officer to take the person into
15custody and transport the person to the county jail. The
16Department may request, or the Attorney General or State's
17Attorney may request independently of the Department, that a
18petition to revoke conditional release be filed. When a
19petition is filed, the court may order the Department to issue
20a notice to the person to be present at the Department or other
21agency designated by the court, order a summons to the person
22to be present, or order a body attachment for all law
23enforcement officers to take the person into custody and
24transport him or her to the county jail, hospital, or
25treatment facility. The Department shall submit a statement
26showing probable cause of the detention and a petition to

 

 

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1revoke the order for conditional release to the committing
2court within 48 hours after the detention. The court shall
3hear the petition within 30 days, unless the hearing or time
4deadline is waived by the detained person. Pending the
5revocation hearing, the Department may detain the person in a
6jail, in a hospital or treatment facility. The State has the
7burden of proving by clear and convincing evidence that any
8rule or condition of release has been violated, or that the
9safety of others requires that the conditional release be
10revoked. If the court determines after hearing that any rule
11or condition of release has been violated, or that the safety
12of others requires that conditional release be revoked, it may
13revoke the order for conditional release and order that the
14released person be placed in an appropriate institution until
15the person is discharged from the commitment under Section 65
16of this Act or until again placed on conditional release under
17Section 60 of this Act.
18    (5) An order for conditional release places the person in
19the custody, care, and control of the Department. The court
20shall order the person be subject to the following rules of
21conditional release, in addition to any other conditions
22ordered, and the person shall be given a certificate setting
23forth the conditions of conditional release. These conditions
24shall be that the person:
25        (A) not violate any criminal statute of any
26    jurisdiction;

 

 

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1        (B) report to or appear in person before such person
2    or agency as directed by the court and the Department;
3        (C) refrain from possession of a firearm or other
4    dangerous weapon;
5        (D) not leave the State without the consent of the
6    court or, in circumstances in which the reason for the
7    absence is of such an emergency nature, that prior consent
8    by the court is not possible without the prior
9    notification and approval of the Department;
10        (E) at the direction of the Department, notify third
11    parties of the risks that may be occasioned by his or her
12    criminal record or sexual offending history or
13    characteristics, and permit the supervising officer or
14    agent to make the notification requirement;
15        (F) attend and fully participate in assessment,
16    treatment, and behavior monitoring including, but not
17    limited to, medical, psychological or psychiatric
18    treatment specific to sexual offending, drug addiction, or
19    alcoholism, to the extent appropriate to the person based
20    upon the recommendation and findings made in the
21    Department evaluation or based upon any subsequent
22    recommendations by the Department;
23        (G) waive confidentiality allowing the court and
24    Department access to assessment or treatment results or
25    both;
26        (H) work regularly at a Department approved occupation

 

 

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1    or pursue a course of study or vocational training and
2    notify the Department within 72 hours of any change in
3    employment, study, or training;
4        (I) not be employed or participate in any volunteer
5    activity that involves contact with children, except under
6    circumstances approved in advance and in writing by the
7    Department officer;
8        (J) submit to the search of his or her person,
9    residence, vehicle, or any personal or real property under
10    his or her control at any time by the Department;
11        (K) financially support his or her dependents and
12    provide the Department access to any requested financial
13    information;
14        (L) serve a term of home confinement, the conditions
15    of which shall be that the person:
16            (i) remain within the interior premises of the
17        place designated for his or her confinement during the
18        hours designated by the Department;
19            (ii) admit any person or agent designated by the
20        Department into the offender's place of confinement at
21        any time for purposes of verifying the person's
22        compliance with the condition of his or her
23        confinement;
24            (iii) if deemed necessary by the Department, be
25        placed on an electronic monitoring device;
26        (M) comply with the terms and conditions of an order

 

 

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1    of protection issued by the court pursuant to the Illinois
2    Domestic Violence Act of 1986. A copy of the order of
3    protection shall be transmitted to the Department by the
4    clerk of the court;
5        (N) refrain from entering into a designated geographic
6    area except upon terms the Department finds appropriate.
7    The terms may include consideration of the purpose of the
8    entry, the time of day, others accompanying the person,
9    and advance approval by the Department;
10        (O) refrain from having any contact, including written
11    or oral communications, directly or indirectly, with
12    certain specified persons including, but not limited to,
13    the victim or the victim's family, and report any
14    incidental contact with the victim or the victim's family
15    to the Department within 72 hours; refrain from entering
16    onto the premises of, traveling past, or loitering near
17    the victim's residence, place of employment, or other
18    places frequented by the victim;
19        (P) refrain from having any contact, including written
20    or oral communications, directly or indirectly, with
21    particular types of persons, including but not limited to
22    members of street gangs, drug users, drug dealers, or
23    persons engaged in the sex trade prostitutes;
24        (Q) refrain from all contact, direct or indirect,
25    personally, by telephone, letter, or through another
26    person, with minor children without prior identification

 

 

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1    and approval of the Department;
2        (R) refrain from having in his or her body the
3    presence of alcohol or any illicit drug prohibited by the
4    Cannabis Control Act, the Illinois Controlled Substances
5    Act, or the Methamphetamine Control and Community
6    Protection Act, unless prescribed by a physician, and
7    submit samples of his or her breath, saliva, blood, or
8    urine for tests to determine the presence of alcohol or
9    any illicit drug;
10        (S) not establish a dating, intimate, or sexual
11    relationship with a person without prior written
12    notification to the Department;
13        (T) neither possess or have under his or her control
14    any material that is pornographic, sexually oriented, or
15    sexually stimulating, or that depicts or alludes to sexual
16    activity or depicts minors under the age of 18, including
17    but not limited to visual, auditory, telephonic,
18    electronic media, or any matter obtained through access to
19    any computer or material linked to computer access use;
20        (U) not patronize any business providing sexually
21    stimulating or sexually oriented entertainment nor utilize
22    "900" or adult telephone numbers or any other sex-related
23    telephone numbers;
24        (V) not reside near, visit, or be in or about parks,
25    schools, day care centers, swimming pools, beaches,
26    theaters, or any other places where minor children

 

 

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1    congregate without advance approval of the Department and
2    report any incidental contact with minor children to the
3    Department within 72 hours;
4        (W) not establish any living arrangement or residence
5    without prior approval of the Department;
6        (X) not publish any materials or print any
7    advertisements without providing a copy of the proposed
8    publications to the Department officer and obtaining
9    permission prior to publication;
10        (Y) not leave the county except with prior permission
11    of the Department and provide the Department officer or
12    agent with written travel routes to and from work and any
13    other designated destinations;
14        (Z) not possess or have under his or her control
15    certain specified items of contraband related to the
16    incidence of sexually offending items including video or
17    still camera items or children's toys;
18        (AA) provide a written daily log of activities as
19    directed by the Department;
20        (BB) comply with all other special conditions that the
21    Department may impose that restrict the person from
22    high-risk situations and limit access or potential
23    victims.
24    (6) A person placed on conditional release and who during
25the term undergoes mandatory drug or alcohol testing or is
26assigned to be placed on an approved electronic monitoring

 

 

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1device may be ordered to pay all costs incidental to the
2mandatory drug or alcohol testing and all costs incidental to
3the approved electronic monitoring in accordance with the
4person's ability to pay those costs. The Department may
5establish reasonable fees for the cost of maintenance,
6testing, and incidental expenses related to the mandatory drug
7or alcohol testing and all costs incidental to approved
8electronic monitoring.
9(Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A.
1098-612 for the effective date of P.A. 97-1098); 98-558, eff.
111-1-14.)
 
12    Section 150. The Statewide Grand Jury Act is amended by
13changing Sections 2 and 3 as follows:
 
14    (725 ILCS 215/2)  (from Ch. 38, par. 1702)
15    Sec. 2. (a) County grand juries and State's Attorneys have
16always had and shall continue to have primary responsibility
17for investigating, indicting, and prosecuting persons who
18violate the criminal laws of the State of Illinois. However,
19in recent years organized terrorist activity directed against
20innocent civilians and certain criminal enterprises have
21developed that require investigation, indictment, and
22prosecution on a statewide or multicounty level. The criminal
23enterprises exist as a result of the allure of profitability
24present in narcotic activity, the unlawful sale and transfer

 

 

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1of firearms, and streetgang related felonies and organized
2terrorist activity is supported by the contribution of money
3and expert assistance from geographically diverse sources. In
4order to shut off the life blood of terrorism and weaken or
5eliminate the criminal enterprises, assets, and property used
6to further these offenses must be frozen, and any profit must
7be removed. State statutes exist that can accomplish that
8goal. Among them are the offense of money laundering,
9violations of Article 29D of the Criminal Code of 1961 or the
10Criminal Code of 2012, the Narcotics Profit Forfeiture Act,
11and gunrunning. Local prosecutors need investigative personnel
12and specialized training to attack and eliminate these
13profits. In light of the transitory and complex nature of
14conduct that constitutes these criminal activities, the many
15diverse property interests that may be used, acquired directly
16or indirectly as a result of these criminal activities, and
17the many places that illegally obtained property may be
18located, it is the purpose of this Act to create a limited,
19multicounty Statewide Grand Jury with authority to
20investigate, indict, and prosecute: narcotic activity,
21including cannabis and controlled substance trafficking,
22narcotics racketeering, money laundering, violations of the
23Cannabis and Controlled Substances Tax Act, and violations of
24Article 29D of the Criminal Code of 1961 or the Criminal Code
25of 2012; the unlawful sale and transfer of firearms;
26gunrunning; and streetgang related felonies.

 

 

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1    (b) A Statewide Grand Jury may also investigate, indict,
2and prosecute violations facilitated by the use of a computer
3of any of the following offenses: indecent solicitation of a
4child, sexual exploitation of a child, soliciting for a
5sexually exploited child juvenile prostitute, keeping a place
6of commercial sexual exploitation of a child juvenile
7prostitution, juvenile pimping, child pornography, aggravated
8child pornography, or promoting commercial sexual exploitation
9of a child juvenile prostitution except as described in
10subdivision (a)(4) of Section 11-14.4 of the Criminal Code of
111961 or the Criminal Code of 2012.
12    (c) A Statewide Grand Jury may also investigate, indict,
13and prosecute violations of organized retail crime.
14(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
 
15    (725 ILCS 215/3)  (from Ch. 38, par. 1703)
16    Sec. 3. Written application for the appointment of a
17Circuit Judge to convene and preside over a Statewide Grand
18Jury, with jurisdiction extending throughout the State, shall
19be made to the Chief Justice of the Supreme Court. Upon such
20written application, the Chief Justice of the Supreme Court
21shall appoint a Circuit Judge from the circuit where the
22Statewide Grand Jury is being sought to be convened, who shall
23make a determination that the convening of a Statewide Grand
24Jury is necessary.
25    In such application the Attorney General shall state that

 

 

SB2582- 196 -LRB103 32575 LNS 62176 b

1the convening of a Statewide Grand Jury is necessary because
2of an alleged offense or offenses set forth in this Section
3involving more than one county of the State and identifying
4any such offense alleged; and
5        (a) that he or she believes that the grand jury
6    function for the investigation and indictment of the
7    offense or offenses cannot effectively be performed by a
8    county grand jury together with the reasons for such
9    belief, and
10        (b)(1) that each State's Attorney with jurisdiction
11    over an offense or offenses to be investigated has
12    consented to the impaneling of the Statewide Grand Jury,
13    or
14        (2) if one or more of the State's Attorneys having
15    jurisdiction over an offense or offenses to be
16    investigated fails to consent to the impaneling of the
17    Statewide Grand Jury, the Attorney General shall set forth
18    good cause for impaneling the Statewide Grand Jury.
19    If the Circuit Judge determines that the convening of a
20Statewide Grand Jury is necessary, he or she shall convene and
21impanel the Statewide Grand Jury with jurisdiction extending
22throughout the State to investigate and return indictments:
23        (a) For violations of any of the following or for any
24    other criminal offense committed in the course of
25    violating any of the following: Article 29D of the
26    Criminal Code of 1961 or the Criminal Code of 2012, the

 

 

SB2582- 197 -LRB103 32575 LNS 62176 b

1    Illinois Controlled Substances Act, the Cannabis Control
2    Act, the Methamphetamine Control and Community Protection
3    Act, or the Narcotics Profit Forfeiture Act; a streetgang
4    related felony offense; Section 16-25.1, 24-2.1, 24-2.2,
5    24-3, 24-3A, 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or
6    subsection 24-1(a)(4), 24-1(a)(6), 24-1(a)(7),
7    24-1(a)(9), 24-1(a)(10), or 24-1(c) of the Criminal Code
8    of 1961 or the Criminal Code of 2012; or a money laundering
9    offense; provided that the violation or offense involves
10    acts occurring in more than one county of this State; and
11        (a-5) For violations facilitated by the use of a
12    computer, including the use of the Internet, the World
13    Wide Web, electronic mail, message board, newsgroup, or
14    any other commercial or noncommercial on-line service, of
15    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
18    place of commercial sexual exploitation of a child
19    juvenile prostitution, juvenile pimping, child
20    pornography, aggravated child pornography, or promoting
21    commercial sexual exploitation of a child juvenile
22    prostitution except as described in subdivision (a)(4) of
23    Section 11-14.4 of the Criminal Code of 1961 or the
24    Criminal Code of 2012; and
25        (b) For the offenses of perjury, subornation of
26    perjury, communicating with jurors and witnesses, and

 

 

SB2582- 198 -LRB103 32575 LNS 62176 b

1    harassment of jurors and witnesses, as they relate to
2    matters before the Statewide Grand Jury.
3    "Streetgang related" has the meaning ascribed to it in
4Section 10 of the Illinois Streetgang Terrorism Omnibus
5Prevention Act.
6    Upon written application by the Attorney General for the
7convening of an additional Statewide Grand Jury, the Chief
8Justice of the Supreme Court shall appoint a Circuit Judge
9from the circuit for which the additional Statewide Grand Jury
10is sought. The Circuit Judge shall determine the necessity for
11an additional Statewide Grand Jury in accordance with the
12provisions of this Section. No more than 2 Statewide Grand
13Juries may be empaneled at any time.
14(Source: P.A. 101-593, eff. 12-4-19; 102-757, eff. 5-13-22.)
 
15    Section 155. The Unified Code of Corrections is amended by
16changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2,
175-6-3, 5-6-3.1, and 5-9-1.7 as follows:
 
18    (730 ILCS 5/3-1-2)  (from Ch. 38, par. 1003-1-2)
19    Sec. 3-1-2. Definitions.
20    (a) "Chief Administrative Officer" means the person
21designated by the Director to exercise the powers and duties
22of the Department of Corrections in regard to committed
23persons within a correctional institution or facility, and
24includes the superintendent of any juvenile institution or

 

 

SB2582- 199 -LRB103 32575 LNS 62176 b

1facility.
2    (a-3) "Aftercare release" means the conditional and
3revocable release of a person committed to the Department of
4Juvenile Justice under the Juvenile Court Act of 1987, under
5the supervision of the Department of Juvenile Justice.
6    (a-5) "Sex offense" for the purposes of paragraph (16) of
7subsection (a) of Section 3-3-7, paragraph (10) of subsection
8(a) of Section 5-6-3, and paragraph (18) of subsection (c) of
9Section 5-6-3.1 only means:
10        (i) A violation of any of the following Sections of
11    the Criminal Code of 1961 or the Criminal Code of 2012:
12    10-7 (aiding or abetting child abduction under Section
13    10-5(b)(10)), 10-5(b)(10) (child luring), 11-6 (indecent
14    solicitation of a child), 11-6.5 (indecent solicitation of
15    an adult), 11-14.4 (promoting commercial sexual
16    exploitation of a child juvenile prostitution), 11-15.1
17    (soliciting for a sexually exploited child juvenile
18    prostitute), 11-17.1 (keeping a place of commercial sexual
19    exploitation of a child juvenile prostitution), 11-18.1
20    (patronizing a sexually exploited child juvenile
21    prostitute), 11-19.1 (juvenile pimping), 11-19.2
22    (exploitation of a child), 11-20.1 (child pornography),
23    11-20.1B or 11-20.3 (aggravated child pornography),
24    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
25    child), or 12-33 (ritualized abuse of a child). An attempt
26    to commit any of these offenses.

 

 

SB2582- 200 -LRB103 32575 LNS 62176 b

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

 

 

SB2582- 201 -LRB103 32575 LNS 62176 b

1adjudication for a sex offense for the purposes of this
2subsection (a-5).
3    (b) "Commitment" means a judicially determined placement
4in the custody of the Department of Corrections on the basis of
5delinquency or conviction.
6    (c) "Committed person" is a person committed to the
7Department, however a committed person shall not be considered
8to be an employee of the Department of Corrections for any
9purpose, including eligibility for a pension, benefits, or any
10other compensation or rights or privileges which may be
11provided to employees of the Department.
12    (c-5) "Computer scrub software" means any third-party
13added software, designed to delete information from the
14computer unit, the hard drive, or other software, which would
15eliminate and prevent discovery of browser activity,
16including, but not limited to, Internet history, address bar
17or bars, cache or caches, and/or cookies, and which would
18over-write files in a way so as to make previous computer
19activity, including, but not limited to, website access, more
20difficult to discover.
21    (c-10) "Content-controlled tablet" means any device that
22can only access visitation applications or content relating to
23educational or personal development.
24    (d) "Correctional institution or facility" means any
25building or part of a building where committed persons are
26kept in a secured manner.

 

 

SB2582- 202 -LRB103 32575 LNS 62176 b

1    (d-5) "Correctional officer" means: an employee of the
2Department of Corrections who has custody and control over
3committed persons in an adult correctional facility; or, for
4an employee of the Department of Juvenile Justice, direct care
5staff of persons committed to a juvenile facility.
6    (e) "Department" means both the Department of Corrections
7and the Department of Juvenile Justice of this State, unless
8the context is specific to either the Department of
9Corrections or the Department of Juvenile Justice.
10    (f) "Director" means both the Director of Corrections and
11the Director of Juvenile Justice, unless the context is
12specific to either the Director of Corrections or the Director
13of Juvenile Justice.
14    (f-5) (Blank).
15    (g) "Discharge" means the final termination of a
16commitment to the Department of Corrections.
17    (h) "Discipline" means the rules and regulations for the
18maintenance of order and the protection of persons and
19property within the institutions and facilities of the
20Department and their enforcement.
21    (i) "Escape" means the intentional and unauthorized