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| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2582 Introduced 5/18/2023, by Sen. Karina Villa SYNOPSIS AS INTRODUCED: |
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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.
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| | A BILL FOR |
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1 | | AN ACT concerning criminal law.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 1. Short title. This Act may be cited as the |
5 | | Prostitution Investigation Act. |
6 | | Section 5. Definitions. In this Act: |
7 | | "Law enforcement agency" and "law enforcement officer" |
8 | | have the meanings ascribed to them in Section 10-10 of the Law |
9 | | Enforcement Officer-Worn Body Camera Act. |
10 | | "Prostitution" has the meaning ascribed to it in Section |
11 | | 11-14 of the Criminal Code of 2012. |
12 | | "Sexual penetration" has the meaning ascribed to it in |
13 | | Section 11-0.1 of the Criminal Code of 2012. |
14 | | Section 10. Law enforcement agency policy; prostitution |
15 | | investigations. Each law enforcement agency shall create a |
16 | | policy on or before January 1, 2025 that prohibits law |
17 | | enforcement officers from knowingly and willingly performing |
18 | | an act of sexual penetration with the suspect of a criminal |
19 | | investigation of prostitution during the course of an |
20 | | investigation conducted by that officer. The policy shall be |
21 | | posted and made publicly available. |
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1 | | Section 95. The Statute on Statutes is amended by adding |
2 | | Section 1.45 as follows: |
3 | | (5 ILCS 70/1.45 new) |
4 | | Sec. 1.45. Juvenile prostitution, prostitute, juvenile |
5 | | prostitute; prior prosecutions. If any person, before the |
6 | | effective date of this amendatory Act of the 103rd General |
7 | | Assembly, has been arrested, charged, prosecuted, convicted, |
8 | | or sentenced for juvenile prostitution or patronizing a minor |
9 | | engaged in prostitution or has been referred to in any law |
10 | | enforcement record, court record, or penal institution record |
11 | | as a prostitute or juvenile prostitute, the changes of the |
12 | | names of offenses and the references to defendants in this |
13 | | amendatory Act of the 103rd General Assembly do not, except as |
14 | | described in this amendatory Act, affect any arrest, |
15 | | prosecution, conviction, sentence, or penal institution record |
16 | | for such persons or offenses in any law enforcement record, |
17 | | court record, or penal institution record, or any arrest, |
18 | | conviction, or sentence, before the effective date of this |
19 | | amendatory Act of the 103rd General Assembly, and any action |
20 | | taken for or against such a person incarcerated, on |
21 | | supervision, probation, conditional discharge, or mandatory |
22 | | supervised release under the former named offenses and persons |
23 | | shall remain valid. |
24 | | Section 96. The Criminal Identification Act is amended by |
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1 | | changing Section 5.2 as follows:
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2 | | (20 ILCS 2630/5.2)
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3 | | Sec. 5.2. Expungement, sealing, and immediate sealing. |
4 | | (a) General Provisions. |
5 | | (1) Definitions. In this Act, words and phrases have
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6 | | the meanings set forth in this subsection, except when a
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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
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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
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26 | | was stolen or otherwise obtained without authorization,
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1 | | upon learning of the person having been arrested using his
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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
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25 | | sexual assault, aggravated criminal sexual assault,
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26 | | predatory criminal sexual assault of a child, criminal
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1 | | sexual abuse, or aggravated criminal sexual abuse, the
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2 | | victim of that offense may request that the State's
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3 | | Attorney of the county in which the conviction occurred
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4 | | file a verified petition with the presiding trial judge at
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5 | | the petitioner's trial to have a court order entered to |
6 | | seal
the records of the circuit court clerk in connection
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7 | | with the proceedings of the trial court concerning that
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8 | | offense. However, the records of the arresting authority
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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
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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
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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
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3 | | Methamphetamine Control and Community Protection Act,
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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 |
6 | | expungement under subsections (b), (e), and (e-6) and sealing |
7 | | under 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 |
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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 |
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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
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
5 | | is granted
a pardon by the Governor which specifically |
6 | | authorizes expungement, he or she may,
upon verified petition |
7 | | to the Chief Judge of the circuit where the person had
been |
8 | | convicted, any judge of the circuit designated by the Chief |
9 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
10 | | presiding trial judge at the
defendant's trial, have a court |
11 | | order entered expunging the record of
arrest from the official |
12 | | records of the arresting authority and order that the
records |
13 | | of the circuit court clerk and the Illinois State Police be |
14 | | sealed until
further order of the court upon good cause shown |
15 | | or as otherwise provided
herein, and the name of the defendant |
16 | | obliterated from the official index
requested to be kept by |
17 | | the circuit court clerk under Section 16 of the Clerks
of |
18 | | Courts Act in connection with the arrest and conviction for |
19 | | the offense for
which he or she had been pardoned but the order |
20 | | shall not affect any index issued by
the circuit court clerk |
21 | | before the entry of the order. All records sealed by
the |
22 | | Illinois State Police may be disseminated by the Illinois |
23 | | State Police only to the arresting authority, the State's |
24 | | Attorney, and the court upon a later
arrest for the same or |
25 | | similar offense or for the purpose of sentencing for any
|
26 | | subsequent felony. Upon conviction for any subsequent offense, |
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1 | | the Department
of Corrections shall have access to all sealed |
2 | | records of the Illinois State Police
pertaining to that |
3 | | individual. Upon entry of the order of expungement, the
|
4 | | circuit court clerk shall promptly mail a copy of the order to |
5 | | the
person who was pardoned. |
6 | | (e-5) Whenever a person who has been convicted of an |
7 | | offense is granted a certificate of eligibility for sealing by |
8 | | the Prisoner Review Board which specifically authorizes |
9 | | sealing, he or she may, upon verified petition to the Chief |
10 | | Judge of the circuit where the person had been convicted, any |
11 | | judge of the circuit designated by the Chief Judge, or in |
12 | | counties of less than 3,000,000 inhabitants, the presiding |
13 | | trial judge at the petitioner's trial, have a court order |
14 | | entered sealing the record of arrest from the official records |
15 | | of the arresting authority and order that the records of the |
16 | | circuit court clerk and the Illinois State Police be sealed |
17 | | until further order of the court upon good cause shown or as |
18 | | otherwise provided herein, and the name of the petitioner |
19 | | obliterated from the official index requested to be kept by |
20 | | the circuit court clerk under Section 16 of the Clerks of |
21 | | Courts Act in connection with the arrest and conviction for |
22 | | the offense for which he or she had been granted the |
23 | | certificate but the order shall not affect any index issued by |
24 | | the circuit court clerk before the entry of the order. All |
25 | | records sealed by the Illinois State Police may be |
26 | | disseminated by the Illinois State Police only as required by |
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1 | | this Act or to the arresting authority, a law enforcement |
2 | | agency, the State's Attorney, and the court upon a later |
3 | | arrest for the same or similar offense or for the purpose of |
4 | | sentencing for any subsequent felony. Upon conviction for any |
5 | | subsequent offense, the Department of Corrections shall have |
6 | | access to all sealed records of the Illinois State Police |
7 | | pertaining to that individual. Upon entry of the order of |
8 | | sealing, the circuit court clerk shall promptly mail a copy of |
9 | | the order to the person who was granted the certificate of |
10 | | eligibility for sealing. |
11 | | (e-6) Whenever a person who has been convicted of an |
12 | | offense is granted a certificate of eligibility for |
13 | | expungement by the Prisoner Review Board which specifically |
14 | | authorizes expungement, he or she may, upon verified petition |
15 | | to the Chief Judge of the circuit where the person had been |
16 | | convicted, any judge of the circuit designated by the Chief |
17 | | Judge, or in counties of less than 3,000,000 inhabitants, the |
18 | | presiding trial judge at the petitioner's trial, have a court |
19 | | order entered expunging the record of arrest from the official |
20 | | records of the arresting authority and order that the records |
21 | | of the circuit court clerk and the Illinois State Police be |
22 | | sealed until further order of the court upon good cause shown |
23 | | or as otherwise provided herein, and the name of the |
24 | | petitioner obliterated from the official index requested to be |
25 | | kept by the circuit court clerk under Section 16 of the Clerks |
26 | | of Courts Act in connection with the arrest and conviction for |
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1 | | the offense for which he or she had been granted the |
2 | | certificate but the order shall not affect any index issued by |
3 | | the circuit court clerk before the entry of the order. All |
4 | | records sealed by the Illinois State Police may be |
5 | | disseminated by the Illinois State Police only as required by |
6 | | this Act or to the arresting authority, a law enforcement |
7 | | agency, the State's Attorney, and the court upon a later |
8 | | arrest for the same or similar offense or for the purpose of |
9 | | sentencing for any subsequent felony. Upon conviction for any |
10 | | subsequent offense, the Department of Corrections shall have |
11 | | access to all expunged records of the Illinois State Police |
12 | | pertaining to that individual. Upon entry of the order of |
13 | | expungement, the circuit court clerk shall promptly mail a |
14 | | copy of the order to the person who was granted the certificate |
15 | | of eligibility for expungement. |
16 | | (f) Subject to available funding, the Illinois Department
|
17 | | of Corrections shall conduct a study of the impact of sealing,
|
18 | | especially on employment and recidivism rates, utilizing a
|
19 | | random sample of those who apply for the sealing of their
|
20 | | criminal records under Public Act 93-211. At the request of |
21 | | the
Illinois Department of Corrections, records of the |
22 | | Illinois
Department of Employment Security shall be utilized |
23 | | as
appropriate to assist in the study. The study shall not
|
24 | | disclose any data in a manner that would allow the
|
25 | | identification of any particular individual or employing unit.
|
26 | | The study shall be made available to the General Assembly no
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1 | | later than September 1, 2010.
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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. |
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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 |
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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). |
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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. |
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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 |
9 | | Act. |
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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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, |
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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 |
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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 |
13 | | agencies within the State shall automatically expunge the law |
14 | | enforcement records relating to a person's Class 4 felony |
15 | | arrests and charges not initiated by arrest for prostitution |
16 | | if that arrest or charge not initiated by arrest is eligible |
17 | | for expungement under paragraph (1) of subsection (b). |
18 | | (B) In the absence of a court order or upon the order of a |
19 | | court, the clerk of the circuit court shall automatically |
20 | | expunge the court records and case files relating to a |
21 | | person's Class 4 felony arrests and charges not initiated by |
22 | | arrest for prostitution if that arrest or charge not initiated |
23 | | by arrest is eligible for expungement under paragraph (1) of |
24 | | subsection (b). |
25 | | (C) The automatic expungements described in this paragraph |
26 | | (1) shall be completed no later than January 1, 2025. |
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1 | | (2) Automatic Sealing of Felony Prostitution Convictions. |
2 | | (A) The Illinois State Police and local law enforcement |
3 | | agencies within the State shall automatically seal the law |
4 | | enforcement records relating to a person's Class 4 felony |
5 | | conviction for prostitution if those records are eligible for |
6 | | sealing under paragraph (2) of subsection (c). |
7 | | (B) In the absence of a court order or upon the order of a |
8 | | court, the clerk of the circuit court shall automatically seal |
9 | | the court records relating to a person's Class 4 felony |
10 | | conviction for prostitution if those records are eligible for |
11 | | sealing under paragraph (2) of subsection (c). |
12 | | (C) The automatic sealing of records described in this |
13 | | paragraph (2) shall be completed no later than January 1, |
14 | | 2025. |
15 | | (3) Motions to Vacate and Expunge Felony Prostitution |
16 | | Convictions. |
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 |
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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 |
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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. |
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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; |
14 | | 101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff. |
15 | | 12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21; |
16 | | 102-558, 8-20-21; 102-639, eff. 8-27-21; 102-813, eff. |
17 | | 5-13-22; 102-933, eff. 1-1-23; revised 12-8-22.)
|
18 | | Section 100. The Sex Offender Management Board Act is |
19 | | amended by changing Section 10 as follows: |
20 | | (20 ILCS 4026/10)
|
21 | | Sec. 10. Definitions. In this Act, unless the context |
22 | | otherwise
requires:
|
23 | | (a) "Board" means the Sex Offender Management Board |
24 | | created in Section 15.
|
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1 | | (b) "Sex offender" means any person who is convicted or |
2 | | found delinquent in
the State of Illinois, or under any |
3 | | substantially similar federal law or
law of another state, of |
4 | | any sex offense or attempt of a sex offense as defined
in
|
5 | | subsection (c) of this Section, or any former statute of this |
6 | | State that
defined a felony sex offense, or who has been |
7 | | declared as a sexually dangerous
person under the Sexually |
8 | | Dangerous Persons Act or declared a sexually
violent person |
9 | | under the Sexually Violent Persons Commitment Act, or any
|
10 | | substantially similar
federal law or law of another state.
|
11 | | (c) "Sex offense" means any felony or misdemeanor offense |
12 | | described 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 |
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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 |
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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;
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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 |
6 | | sex
offender that conforms to the standards created by the |
7 | | Board under
Section 15.
|
8 | | (e) "Sexually motivated" means one or more of the facts of |
9 | | the underlying
offense indicates conduct that is of a sexual |
10 | | nature or that shows an intent to
engage in behavior of a |
11 | | sexual nature.
|
12 | | (f) "Sex offender evaluator" means a person licensed under |
13 | | the Sex Offender Evaluation and Treatment Provider Act to |
14 | | conduct sex offender evaluations. |
15 | | (g) "Sex offender treatment provider" means a person |
16 | | licensed under the Sex Offender Evaluation and Treatment |
17 | | Provider Act to provide sex offender treatment services. |
18 | | (h) "Associate sex offender provider" means a person |
19 | | licensed under the Sex Offender Evaluation and Treatment |
20 | | Provider Act to provide sex offender evaluations and to |
21 | | provide sex offender treatment under the supervision of a |
22 | | licensed sex offender evaluator or a licensed sex offender |
23 | | treatment provider. |
24 | | (Source: P.A. 100-428, eff. 1-1-18 .)
|
25 | | Section 105. The Counties Code is amended by changing |
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1 | | Section 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 |
4 | | any known person engaged in the sex trade
prostitute , male or |
5 | | female procurer, vagrant, or intoxicated person to be
present |
6 | | at 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 |
9 | | by 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 |
12 | | cause to be
sent any female help or
servants, inmate, or |
13 | | performer to enter any questionable place, or place
of bad |
14 | | repute, house of ill-fame, or assignation house, or to any |
15 | | house or
place of amusement kept for immoral purposes, or |
16 | | place resorted to for the
purpose of prostitution or gambling |
17 | | house, the character of which licensee
knows either actually |
18 | | or by reputation.
|
19 | | No licensee shall permit questionable characters, persons |
20 | | engaged in the sex trade prostitutes , gamblers,
intoxicated |
21 | | persons, or procurers to frequent the agency.
|
22 | | No licensee shall accept any application for employment |
23 | | made by or on
behalf of any child, or shall place or assist in |
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1 | | placing any such child in
any employment whatever, in |
2 | | violation of the Child Labor Law. A violation of any provision |
3 | | of this Section shall be
a Class A misdemeanor.
|
4 | | No licensee shall publish or cause to be published any |
5 | | fraudulent or
misleading notice or advertisement of its |
6 | | employment agencies
by means of
cards, circulars, or signs, or |
7 | | in newspapers or other publications; and all
letterheads, |
8 | | receipts, and blanks shall contain the full name and address
|
9 | | of the employment agency and licensee shall state in all |
10 | | notices
and
advertisements the fact that licensee is, or |
11 | | conducts, a private employment
agency.
|
12 | | No licensee shall print, publish, or paint on any sign or
|
13 | | window, or insert
in any newspaper or publication, a name |
14 | | similar to that of the Illinois
Public Employment Office.
|
15 | | No licensee shall print or stamp on any receipt or on any |
16 | | contract used
by that agency any part of this Act, unless the |
17 | | entire
Section from which
that part is taken is printed or |
18 | | stamped thereon.
|
19 | | All written communications sent out by any licensee, |
20 | | directly or
indirectly, to any person or firm with regard to |
21 | | employees or employment
shall contain therein definite |
22 | | information that such person is a private
employment agency.
|
23 | | No licensee or his or her employees shall knowingly give |
24 | | any false or
misleading information, or make any false or |
25 | | misleading promise to any
applicant who shall apply for |
26 | | employment or employees.
|
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1 | | (Source: P.A. 90-372, eff. 7-1-98.)
|
2 | | Section 115. The Liquor Control Act of 1934 is amended by |
3 | | changing 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 |
6 | | prohibited.
|
7 | | (a) Except as otherwise provided in subsection (b) of this |
8 | | Section and in paragraph (1) of subsection (a) of Section |
9 | | 3-12, no license
of any kind issued by the State Commission or |
10 | | any 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 |
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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.
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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 |
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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. |
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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) |
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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 |
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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 |
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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 |
4 | | for the
denial, suspension, or revocation of a license applied |
5 | | for or held by the
corporation if the criminal conviction was |
6 | | not the result of a violation of any
federal or State law |
7 | | concerning the manufacture, possession or sale of
alcoholic |
8 | | liquor, the offense that led to the conviction did not result |
9 | | in any
financial gain to the corporation and the corporation |
10 | | has terminated its
relationship with each director, officer, |
11 | | employee, or controlling shareholder
whose actions directly |
12 | | contributed to the conviction of the corporation. The
|
13 | | Commission shall determine if all provisions of this |
14 | | subsection (b) have been
met before any action on the |
15 | | corporation'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 |
18 | | Act 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 |
23 | | Police.
|
24 | | (c) "Unit of local government" is defined as in Article |
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1 | | VII, Section 1
of the Illinois Constitution and includes both |
2 | | home rule units and units
which are not home rule units. The |
3 | | term is also defined to include all
public school districts |
4 | | subject 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 |
7 | | communication and
processing unit which permits a direct |
8 | | on-line communication with the Illinois
State Police's central |
9 | | data repository, the Law Enforcement
Agencies Data System |
10 | | (LEADS).
|
11 | | (f) A "primary contact agency" means a law enforcement |
12 | | agency which
maintains a LEADS terminal, or has immediate |
13 | | access to one on a
24-hour-per-day, 7-day-per-week basis by |
14 | | written agreement with another law
enforcement agency.
|
15 | | (g) (Blank).
|
16 | | (h) "Missing child" means any person under 21 years of age |
17 | | whose whereabouts
are unknown to his or her parents or legal |
18 | | guardian.
|
19 | | (i) "Exploitation" means activities and actions which |
20 | | include, but are
not limited to, child pornography, aggravated |
21 | | child pornography, commercial sexual exploitation of a child |
22 | | child prostitution , child sexual abuse,
drug and substance |
23 | | abuse by children, and child suicide.
|
24 | | (j) (Blank).
|
25 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
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1 | | Section 125. The Illinois Vehicle Code is amended by |
2 | | changing 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 |
6 | | license or
permit; right to a hearing.
|
7 | | (a) The Secretary of State is authorized to suspend or |
8 | | revoke the
driving privileges of any person without |
9 | | preliminary hearing upon a showing
of the person's records or |
10 | | other 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 |
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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, |
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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 |
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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, |
20 | | and 27 of this
subsection, license means any driver's license, |
21 | | any traffic ticket issued when
the person's driver's license |
22 | | is deposited in lieu of bail, a suspension
notice issued by the |
23 | | Secretary of State, a duplicate or corrected driver's
license, |
24 | | a probationary driver's license, or a temporary driver's |
25 | | license. |
26 | | (b) If any conviction forming the basis of a suspension or
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1 | | revocation authorized under this Section is appealed, the
|
2 | | Secretary of State may rescind or withhold the entry of the |
3 | | order of suspension
or revocation, as the case may be, |
4 | | provided that a certified copy of a stay
order of a court is |
5 | | filed with the Secretary of State. If the conviction is
|
6 | | affirmed on appeal, the date of the conviction shall relate |
7 | | back to the time
the original judgment of conviction was |
8 | | entered and the 6-month limitation
prescribed shall not apply.
|
9 | | (c) 1. Upon suspending or revoking the driver's license or |
10 | | permit of
any person as authorized in this Section, the |
11 | | Secretary of State shall
immediately notify the person in |
12 | | writing of the revocation or suspension.
The notice to be |
13 | | deposited in the United States mail, postage prepaid,
to the |
14 | | last known address of the person.
|
15 | | 2. If the Secretary of State suspends the driver's license
|
16 | | of a person under subsection 2 of paragraph (a) of this |
17 | | Section, a
person's privilege to operate a vehicle as an |
18 | | occupation shall not be
suspended, provided an affidavit is |
19 | | properly completed, the appropriate fee
received, and a permit |
20 | | issued prior to the effective date of the
suspension, unless 5 |
21 | | offenses were committed, at least 2 of which occurred
while |
22 | | operating a commercial vehicle in connection with the driver's
|
23 | | regular occupation. All other driving privileges shall be |
24 | | suspended by the
Secretary of State. Any driver prior to |
25 | | operating a vehicle for
occupational purposes only must submit |
26 | | the affidavit on forms to be
provided by the Secretary of State |
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1 | | setting forth the facts of the person's
occupation. The |
2 | | affidavit shall also state the number of offenses
committed |
3 | | while operating a vehicle in connection with the driver's |
4 | | regular
occupation. The affidavit shall be accompanied by the |
5 | | driver's license.
Upon receipt of a properly completed |
6 | | affidavit, the Secretary of State
shall issue the driver a |
7 | | permit to operate a vehicle in connection with the
driver's |
8 | | regular occupation only. Unless the permit is issued by the
|
9 | | Secretary of State prior to the date of suspension, the |
10 | | privilege to drive
any motor vehicle shall be suspended as set |
11 | | forth in the notice that was
mailed under this Section. If an |
12 | | affidavit is received subsequent to the
effective date of this |
13 | | suspension, a permit may be issued for the remainder
of the |
14 | | suspension period.
|
15 | | The provisions of this subparagraph shall not apply to any |
16 | | driver
required to possess a CDL for the purpose of operating a |
17 | | commercial motor vehicle.
|
18 | | Any person who falsely states any fact in the affidavit |
19 | | required
herein shall be guilty of perjury under Section 6-302 |
20 | | and upon conviction
thereof shall have all driving privileges |
21 | | revoked without further rights.
|
22 | | 3. At the conclusion of a hearing under Section 2-118 of |
23 | | this Code,
the Secretary of State shall either rescind or |
24 | | continue an order of
revocation or shall substitute an order |
25 | | of suspension; or, good
cause appearing therefor, rescind, |
26 | | continue, change, or extend the
order of suspension. If the |
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1 | | Secretary of State does not rescind the order,
the Secretary |
2 | | may upon application,
to relieve undue hardship (as defined by |
3 | | the rules of the Secretary of State), issue
a restricted |
4 | | driving permit granting the privilege of driving a motor
|
5 | | vehicle between the petitioner's residence and petitioner's |
6 | | place of
employment or within the scope of the petitioner's |
7 | | employment-related duties, or to
allow the petitioner to |
8 | | transport himself or herself, or a family member of the
|
9 | | petitioner's household to a medical facility, to receive |
10 | | necessary medical care, to allow the petitioner to transport |
11 | | himself or herself to and from alcohol or drug
remedial or |
12 | | rehabilitative activity recommended by a licensed service |
13 | | provider, or to allow the petitioner to transport himself or |
14 | | herself or a family member of the petitioner's household to |
15 | | classes, as a student, at an accredited educational |
16 | | institution, or to allow the petitioner to transport children, |
17 | | elderly persons, or persons with disabilities who do not hold |
18 | | driving privileges and are living in the petitioner's |
19 | | household to and from daycare. The
petitioner must demonstrate |
20 | | that no alternative means of
transportation is reasonably |
21 | | available and that the petitioner will not endanger
the public |
22 | | safety 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 |
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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 |
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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 |
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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) |
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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 |
25 | | subsection (a), reports received by the Secretary of State |
26 | | under this Section shall, except during the actual time the |
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1 | | suspension is in effect, be privileged information and for use |
2 | | only by the courts, police officers, prosecuting authorities, |
3 | | the driver licensing administrator of any other state, the |
4 | | Secretary of State, or the parent or legal guardian of a driver |
5 | | under the age of 18. However, beginning January 1, 2008, if the |
6 | | person is a CDL holder, the suspension shall also be made |
7 | | available to the driver licensing administrator of any other |
8 | | state, the U.S. Department of Transportation, and the affected |
9 | | driver or motor
carrier or prospective motor carrier upon |
10 | | request.
|
11 | | (c-4) In the case of a suspension under paragraph 43 of |
12 | | subsection (a), the Secretary of State shall notify the person |
13 | | by mail that his or her driving privileges and driver's |
14 | | license will be suspended one month after the date of the |
15 | | mailing of the notice.
|
16 | | (c-5) The Secretary of State may, as a condition of the |
17 | | reissuance of a
driver's license or permit to an applicant |
18 | | whose driver's license or permit has
been suspended before he |
19 | | or she reached the age of 21 years pursuant to any of
the |
20 | | provisions of this Section, require the applicant to |
21 | | participate in a
driver remedial education course and be |
22 | | retested under Section 6-109 of this
Code.
|
23 | | (d) This Section is subject to the provisions of the |
24 | | Driver License
Compact.
|
25 | | (e) The Secretary of State shall not issue a restricted |
26 | | driving permit to
a person under the age of 16 years whose |
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1 | | driving privileges have been suspended
or revoked under any |
2 | | provisions of this Code.
|
3 | | (f) In accordance with 49 CFR 384, the Secretary of State |
4 | | may not issue a restricted driving permit for the operation of |
5 | | a commercial motor vehicle to a person holding a CDL whose |
6 | | driving privileges have been suspended, revoked, cancelled, or |
7 | | disqualified under any provisions of this Code. |
8 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
9 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
10 | | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, |
11 | | eff. 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 |
14 | | license or
permit; right to a hearing.
|
15 | | (a) The Secretary of State is authorized to suspend or |
16 | | revoke the
driving privileges of any person without |
17 | | preliminary hearing upon a showing
of the person's records or |
18 | | other 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 |
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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;
|
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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 |
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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 |
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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 |
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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, |
2 | | and 27 of this
subsection, license means any driver's license, |
3 | | any traffic ticket issued when
the person's driver's license |
4 | | is deposited in lieu of bail, a suspension
notice issued by the |
5 | | Secretary of State, a duplicate or corrected driver's
license, |
6 | | a probationary driver's license, or a temporary driver's |
7 | | license. |
8 | | (b) If any conviction forming the basis of a suspension or
|
9 | | revocation authorized under this Section is appealed, the
|
10 | | Secretary of State may rescind or withhold the entry of the |
11 | | order of suspension
or revocation, as the case may be, |
12 | | provided that a certified copy of a stay
order of a court is |
13 | | filed with the Secretary of State. If the conviction is
|
14 | | affirmed on appeal, the date of the conviction shall relate |
15 | | back to the time
the original judgment of conviction was |
16 | | entered and the 6-month limitation
prescribed shall not apply.
|
17 | | (c) 1. Upon suspending or revoking the driver's license or |
18 | | permit of
any person as authorized in this Section, the |
19 | | Secretary of State shall
immediately notify the person in |
20 | | writing of the revocation or suspension.
The notice to be |
21 | | deposited in the United States mail, postage prepaid,
to the |
22 | | last known address of the person.
|
23 | | 2. If the Secretary of State suspends the driver's license
|
24 | | of a person under subsection 2 of paragraph (a) of this |
25 | | Section, a
person's privilege to operate a vehicle as an |
26 | | occupation shall not be
suspended, provided an affidavit is |
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1 | | properly completed, the appropriate fee
received, and a permit |
2 | | issued prior to the effective date of the
suspension, unless 5 |
3 | | offenses were committed, at least 2 of which occurred
while |
4 | | operating a commercial vehicle in connection with the driver's
|
5 | | regular occupation. All other driving privileges shall be |
6 | | suspended by the
Secretary of State. Any driver prior to |
7 | | operating a vehicle for
occupational purposes only must submit |
8 | | the affidavit on forms to be
provided by the Secretary of State |
9 | | setting forth the facts of the person's
occupation. The |
10 | | affidavit shall also state the number of offenses
committed |
11 | | while operating a vehicle in connection with the driver's |
12 | | regular
occupation. The affidavit shall be accompanied by the |
13 | | driver's license.
Upon receipt of a properly completed |
14 | | affidavit, the Secretary of State
shall issue the driver a |
15 | | permit to operate a vehicle in connection with the
driver's |
16 | | regular occupation only. Unless the permit is issued by the
|
17 | | Secretary of State prior to the date of suspension, the |
18 | | privilege to drive
any motor vehicle shall be suspended as set |
19 | | forth in the notice that was
mailed under this Section. If an |
20 | | affidavit is received subsequent to the
effective date of this |
21 | | suspension, a permit may be issued for the remainder
of the |
22 | | suspension period.
|
23 | | The provisions of this subparagraph shall not apply to any |
24 | | driver
required to possess a CDL for the purpose of operating a |
25 | | commercial motor vehicle.
|
26 | | Any person who falsely states any fact in the affidavit |
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1 | | required
herein shall be guilty of perjury under Section 6-302 |
2 | | and upon conviction
thereof shall have all driving privileges |
3 | | revoked without further rights.
|
4 | | 3. At the conclusion of a hearing under Section 2-118 of |
5 | | this Code,
the Secretary of State shall either rescind or |
6 | | continue an order of
revocation or shall substitute an order |
7 | | of suspension; or, good
cause appearing therefor, rescind, |
8 | | continue, change, or extend the
order of suspension. If the |
9 | | Secretary of State does not rescind the order,
the Secretary |
10 | | may upon application,
to relieve undue hardship (as defined by |
11 | | the rules of the Secretary of State), issue
a restricted |
12 | | driving permit granting the privilege of driving a motor
|
13 | | vehicle between the petitioner's residence and petitioner's |
14 | | place of
employment or within the scope of the petitioner's |
15 | | employment-related duties, or to
allow the petitioner to |
16 | | transport himself or herself, or a family member of the
|
17 | | petitioner's household to a medical facility, to receive |
18 | | necessary medical care, to allow the petitioner to transport |
19 | | himself or herself to and from alcohol or drug
remedial or |
20 | | rehabilitative activity recommended by a licensed service |
21 | | provider, or to allow the petitioner to transport himself or |
22 | | herself or a family member of the petitioner's household to |
23 | | classes, as a student, at an accredited educational |
24 | | institution, or to allow the petitioner to transport children, |
25 | | elderly persons, or persons with disabilities who do not hold |
26 | | driving privileges and are living in the petitioner's |
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1 | | household to and from daycare. The
petitioner must demonstrate |
2 | | that no alternative means of
transportation is reasonably |
3 | | available and that the petitioner will not endanger
the public |
4 | | safety 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 |
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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 |
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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 |
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|
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 |
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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 |
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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 |
7 | | subsection (a), reports received by the Secretary of State |
8 | | under this Section shall, except during the actual time the |
9 | | suspension is in effect, be privileged information and for use |
10 | | only by the courts, police officers, prosecuting authorities, |
11 | | the driver licensing administrator of any other state, the |
12 | | Secretary of State, or the parent or legal guardian of a driver |
13 | | under the age of 18. However, beginning January 1, 2008, if the |
14 | | person is a CDL holder, the suspension shall also be made |
15 | | available to the driver licensing administrator of any other |
16 | | state, the U.S. Department of Transportation, and the affected |
17 | | driver or motor
carrier or prospective motor carrier upon |
18 | | request.
|
19 | | (c-4) In the case of a suspension under paragraph 43 of |
20 | | subsection (a), the Secretary of State shall notify the person |
21 | | by mail that his or her driving privileges and driver's |
22 | | license will be suspended one month after the date of the |
23 | | mailing of the notice.
|
24 | | (c-5) The Secretary of State may, as a condition of the |
25 | | reissuance of a
driver's license or permit to an applicant |
26 | | whose driver's license or permit has
been suspended before he |
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1 | | or she reached the age of 21 years pursuant to any of
the |
2 | | provisions of this Section, require the applicant to |
3 | | participate in a
driver remedial education course and be |
4 | | retested under Section 6-109 of this
Code.
|
5 | | (d) This Section is subject to the provisions of the |
6 | | Driver License
Compact.
|
7 | | (e) The Secretary of State shall not issue a restricted |
8 | | driving permit to
a person under the age of 16 years whose |
9 | | driving privileges have been suspended
or revoked under any |
10 | | provisions of this Code.
|
11 | | (f) In accordance with 49 CFR 384, the Secretary of State |
12 | | may not issue a restricted driving permit for the operation of |
13 | | a commercial motor vehicle to a person holding a CDL whose |
14 | | driving privileges have been suspended, revoked, cancelled, or |
15 | | disqualified under any provisions of this Code. |
16 | | (Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20; |
17 | | 101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff. |
18 | | 8-6-21; 102-558, eff. 8-20-21; 102-749, eff. 1-1-23; 102-813, |
19 | | eff. 5-13-22; 102-982, eff. 7-1-23; revised 12-14-22.) |
20 | | Section 130. The Criminal Code of 2012 is amended by |
21 | | changing Sections 3-6, 8-2, 11-0.1, 11-9.3, 11-14.3, 11-14.4, |
22 | | 11-18, 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 |
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1 | | prosecution
must be commenced under the provisions of Section |
2 | | 3-5 or other applicable
statute is extended under the |
3 | | following conditions:
|
4 | | (a) A prosecution for theft involving a breach of a |
5 | | fiduciary obligation
to the aggrieved person may be commenced |
6 | | as 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 |
22 | | office by a
public officer or employee may be commenced within |
23 | | one year after discovery
of the offense by a person having a |
24 | | legal duty to report such offense, or
in the absence of such |
25 | | discovery, within one year after the proper
prosecuting |
26 | | officer becomes aware of the offense. However, in no such case
|
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1 | | is the period of limitation so extended more than 3 years |
2 | | beyond the
expiration of the period otherwise applicable.
|
3 | | (b-5) When the victim is under 18 years of age at the time |
4 | | of the offense, a prosecution for involuntary servitude, |
5 | | involuntary sexual servitude of a minor, or trafficking in |
6 | | persons and related offenses under Section 10-9 of this Code |
7 | | may be commenced within 25 years of the victim attaining the |
8 | | age of 18 years. |
9 | | (b-6) When the victim is 18 years of age or over at the |
10 | | time of the offense, a prosecution for involuntary servitude, |
11 | | involuntary sexual servitude of a minor, or trafficking in |
12 | | persons and related offenses under Section 10-9 of this Code |
13 | | may be commenced within 25 years after the commission of the |
14 | | offense. |
15 | | (b-7) When the victim is under 18 years of age at the time |
16 | | of the offense, a prosecution for female genital mutilation |
17 | | may be commenced at any time. |
18 | | (c) (Blank).
|
19 | | (d) A prosecution for child pornography, aggravated child |
20 | | pornography, indecent
solicitation of a
child, soliciting for |
21 | | a sexually exploited child juvenile prostitute , juvenile |
22 | | pimping,
exploitation of a child, or promoting commercial |
23 | | sexual exploitation of a child juvenile prostitution except |
24 | | for keeping a place of commercial sexual exploitation of a |
25 | | child juvenile prostitution may be commenced within one year |
26 | | of the victim
attaining the age of 18 years. However, in no |
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1 | | such case shall the time
period for prosecution expire sooner |
2 | | than 3 years after the commission of
the offense.
|
3 | | (e) Except as otherwise provided in subdivision (j), a |
4 | | prosecution for
any offense involving sexual conduct or sexual
|
5 | | penetration, as defined in Section 11-0.1 of this Code, where |
6 | | the defendant
was within a professional or fiduciary |
7 | | relationship or a purported
professional or fiduciary |
8 | | relationship with the victim at the
time of the commission of |
9 | | the offense may be commenced within one year
after the |
10 | | discovery of the offense by the victim.
|
11 | | (f) A prosecution for any offense set forth in Section 44
|
12 | | of the Environmental Protection Act
may be commenced within 5 |
13 | | years after the discovery of such
an offense by a person or |
14 | | agency having the legal duty to report the
offense or in the |
15 | | absence of such discovery, within 5 years
after the proper |
16 | | prosecuting officer becomes aware of the offense.
|
17 | | (f-5) A prosecution for any offense set forth in Section |
18 | | 16-30 of this Code may be commenced within 5 years after the |
19 | | discovery 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 |
23 | | prosecution for
criminal sexual assault, aggravated criminal
|
24 | | sexual assault, or aggravated criminal sexual abuse may be |
25 | | commenced at any time. If the victim consented to the |
26 | | collection of evidence using an Illinois State Police Sexual |
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1 | | Assault Evidence Collection Kit under the Sexual Assault |
2 | | Survivors Emergency Treatment Act, it shall constitute |
3 | | reporting for purposes of this Section.
|
4 | | Nothing in this subdivision (i) shall be construed to
|
5 | | shorten a period within which a prosecution must be commenced |
6 | | under any other
provision of this Section.
|
7 | | (i-5) A prosecution for armed robbery, home invasion, |
8 | | kidnapping, or aggravated kidnaping may be commenced within 10 |
9 | | years of the commission of the offense if it arises out of the |
10 | | same course of conduct and meets the criteria under one of the |
11 | | offenses in subsection (i) of this Section. |
12 | | (j) (1) When the victim is under 18 years of age at the |
13 | | time of the offense, a
prosecution
for criminal sexual |
14 | | assault, aggravated criminal sexual assault, predatory
|
15 | | criminal sexual assault of a child, aggravated criminal sexual |
16 | | abuse, felony criminal sexual abuse, or female genital |
17 | | mutilation may be commenced at any time. |
18 | | (2) When in circumstances other than as described in |
19 | | paragraph (1) of this subsection (j), when the victim is under |
20 | | 18 years of age at the time of the offense, a prosecution for |
21 | | failure of a person who is required to report an alleged
or |
22 | | suspected commission of criminal sexual assault, aggravated |
23 | | criminal sexual assault, predatory criminal sexual assault of |
24 | | a child, aggravated criminal sexual abuse, or felony criminal |
25 | | sexual abuse under the Abused and Neglected
Child Reporting |
26 | | Act may be
commenced within 20 years after the child victim |
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1 | | attains 18
years of age. |
2 | | (3) When the victim is under 18 years of age at the time of |
3 | | the offense, a
prosecution
for misdemeanor criminal sexual |
4 | | abuse may be
commenced within 10 years after the child victim |
5 | | attains 18
years of age.
|
6 | | (4) Nothing in this subdivision (j) shall be construed to
|
7 | | shorten a period within which a prosecution must be commenced |
8 | | under any other
provision of this Section.
|
9 | | (j-5) A prosecution for armed robbery, home invasion, |
10 | | kidnapping, or aggravated kidnaping may be commenced at any |
11 | | time if it arises out of the same course of conduct and meets |
12 | | the criteria under one of the offenses in subsection (j) of |
13 | | this Section. |
14 | | (k) (Blank).
|
15 | | (l) A prosecution for any offense set forth in Section |
16 | | 26-4 of this Code may be commenced within one year after the |
17 | | discovery of the offense by the victim of that offense. |
18 | | (l-5) A prosecution for any offense involving sexual |
19 | | conduct or sexual penetration, as defined in Section 11-0.1 of |
20 | | this Code, in which the victim was 18 years of age or older at |
21 | | the time of the offense, may be commenced within one year after |
22 | | the discovery of the offense by the victim when corroborating |
23 | | physical evidence is available. The charging document shall |
24 | | state that the statute of limitations is extended under this |
25 | | subsection (l-5) and shall state the circumstances justifying |
26 | | the extension.
Nothing in this subsection (l-5) shall be |
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1 | | construed to shorten a period within which a prosecution must |
2 | | be commenced under any other provision of this Section or |
3 | | Section 3-5 of this Code. |
4 | | (m) The prosecution shall not be required to prove at |
5 | | trial facts which extend the general limitations in Section |
6 | | 3-5 of this Code when the facts supporting extension of the |
7 | | period of general limitations are properly pled in the |
8 | | charging document. Any challenge relating to the extension of |
9 | | the general limitations period as defined in this Section |
10 | | shall be exclusively conducted under Section 114-1 of the Code |
11 | | of 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 |
14 | | Illinois Public Aid Code, in which the total amount of money |
15 | | involved is $5,000 or more, including the monetary value of |
16 | | food stamps and the value of commodities under Section 16-1 of |
17 | | this Code may be commenced within 5 years of the last act |
18 | | committed in furtherance of the offense. |
19 | | (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; |
20 | | 101-130, eff. 1-1-20; 101-285, eff. 1-1-20; 102-558, eff. |
21 | | 8-20-21.)
|
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 |
25 | | of conspiracy when, with intent that an offense be
committed, |
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1 | | he or she agrees with another to the commission of that |
2 | | offense. No
person may be convicted of conspiracy to commit an |
3 | | offense unless an act in
furtherance of that agreement is |
4 | | alleged and proved to have been committed
by him or her or by a |
5 | | co-conspirator.
|
6 | | (b) Co-conspirators. It is not a defense to conspiracy |
7 | | that the person or persons with
whom the accused is alleged to |
8 | | have 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 |
25 | | context clearly requires otherwise, the following terms are |
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1 | | defined as indicated: |
2 | | "Accused" means a person accused of an offense prohibited |
3 | | by Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, or 11-1.60 of |
4 | | this Code or a person for whose conduct the accused is legally |
5 | | responsible under Article 5 of this Code. |
6 | | "Adult obscenity or child pornography Internet site". See |
7 | | Section 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 |
14 | | not limited to, sexually transmitted disease, pregnancy, and |
15 | | impotence. |
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 |
23 | | sexual penetration or sexual conduct in question. Lack of |
24 | | verbal or physical resistance or submission by the victim |
25 | | resulting from the use of force or threat of force by the |
26 | | accused shall not constitute consent. The manner of dress of |
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1 | | the victim at the time of the offense shall not constitute |
2 | | consent. |
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, |
10 | | uncle, great-aunt, or great-uncle, whether by whole blood, |
11 | | half-blood, or adoption, and includes a step-grandparent, |
12 | | step-parent, or step-child. "Family member" also means, if the |
13 | | victim is a child under 18 years of age, an accused who has |
14 | | resided in the household with the child continuously for at |
15 | | least 6 months. |
16 | | "Force or threat of force" means the use of force or |
17 | | violence or the threat of force or violence, including, but |
18 | | not 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. |
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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 |
9 | | 11-9.1A. |
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 |
15 | | as a person engaged in the sex trade prostitute , to receive |
16 | | anything of value for personally rendered prostitution |
17 | | services or to receive anything of value from a person engaged |
18 | | in the sex trade prostitute , if the thing received is not for |
19 | | lawful consideration and the person knows it was earned in |
20 | | whole 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. |
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1 | | "Sexual abuse". See Section 11-9.1A. |
2 | | "Sexual act". See Section 11-9.1. |
3 | | "Sexual conduct" means any knowing touching or fondling by |
4 | | the victim or the accused, either directly or through |
5 | | clothing, of the sex organs, anus, or breast of the victim or |
6 | | the accused, or any part of the body of a child under 13 years |
7 | | of age, or any transfer or transmission of semen by the accused |
8 | | upon any part of the clothed or unclothed body of the victim, |
9 | | for the purpose of sexual gratification or arousal of the |
10 | | victim or the accused. |
11 | | "Sexual excitement". See Section 11-21. |
12 | | "Sexual penetration" means any contact, however slight, |
13 | | between the sex organ or anus of one person and an object or |
14 | | the sex organ, mouth, or anus of another person, or any |
15 | | intrusion, however slight, of any part of the body of one |
16 | | person or of any animal or object into the sex organ or anus of |
17 | | another person, including, but not limited to, cunnilingus, |
18 | | fellatio, or anal penetration. Evidence of emission of semen |
19 | | is 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 |
26 | | administers any intoxicating or anesthetic substance, or any |
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1 | | controlled substance causing the victim to become unconscious |
2 | | of the nature of the act and this condition was known, or |
3 | | reasonably should have been known by the accused. "Unable to |
4 | | give knowing consent" also includes when the victim has taken |
5 | | an intoxicating substance or any controlled substance causing |
6 | | the victim to become unconscious of the nature of the act, and |
7 | | this condition was known or reasonably should have been known |
8 | | by the accused, but the accused did not provide or administer |
9 | | the intoxicating substance. As used in this paragraph, |
10 | | "unconscious of the nature of the act" means incapable of |
11 | | resisting because the victim meets any one of the following |
12 | | conditions: |
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 |
25 | | the 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 |
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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 |
10 | | an offense prohibited by Section 11-1.20, 11-1.30, 11-1.40, |
11 | | 11-1.50, 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
|
15 | | offenders prohibited; approaching, contacting, residing with, |
16 | | or communicating with a child within certain places by child |
17 | | sex offenders prohibited.
|
18 | | (a) It is unlawful for a child sex offender to knowingly be |
19 | | present in any
school building, on real property comprising |
20 | | any school, or in any conveyance
owned, leased, or contracted |
21 | | by a school to transport students to or from
school or a school |
22 | | related activity when persons under the age of 18 are
present |
23 | | in the building, on the grounds or in
the conveyance, unless |
24 | | the offender is a parent or guardian of a student attending the |
25 | | school and the parent or guardian is: (i) attending a |
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1 | | conference at the school with school personnel to discuss the |
2 | | progress of his or her child academically or socially, (ii) |
3 | | participating in child review conferences in which evaluation |
4 | | and placement decisions may be made with respect to his or her |
5 | | child regarding special education services, or (iii) attending |
6 | | conferences to discuss other student issues concerning his or |
7 | | her child such as retention and promotion and notifies the |
8 | | principal of the school of his or her presence at the school or |
9 | | unless the
offender has permission to be present from the
|
10 | | superintendent or the school board or in the case of a private |
11 | | school from the
principal. In the case of a public school, if |
12 | | permission is granted, the
superintendent or school board |
13 | | president must inform the principal of the
school where the |
14 | | sex offender will be present. Notification includes the
nature |
15 | | of the sex offender's visit and the hours in which the sex |
16 | | offender will
be present in the school. The sex offender is |
17 | | responsible for notifying the
principal's office when he or |
18 | | she arrives on school property and when he or she
departs from |
19 | | school property. If the sex offender is to be present in the
|
20 | | vicinity of children, the sex offender has the duty to remain |
21 | | under the direct
supervision of a school official.
|
22 | | (a-5) It is unlawful for a child sex offender to knowingly |
23 | | be present within 100 feet of a site posted as a pick-up or |
24 | | discharge stop for a conveyance owned, leased, or contracted |
25 | | by a school to transport students to or from school or a school |
26 | | related activity when one or more persons under the age of 18 |
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1 | | are present at the site.
|
2 | | (a-10) It is unlawful for a child sex offender to |
3 | | knowingly be present in any
public park building, a playground |
4 | | or recreation area within any publicly accessible privately |
5 | | owned building, or on real property comprising any public park
|
6 | | when persons under the age of
18 are
present in the building or |
7 | | on the grounds
and to approach, contact, or communicate with a |
8 | | child under 18 years of
age,
unless the
offender
is a parent or |
9 | | guardian of a person under 18 years of age present in the
|
10 | | building or on the
grounds. |
11 | | (b) It is unlawful for a child sex offender to knowingly |
12 | | loiter within 500 feet of a school building or real property |
13 | | comprising any school
while persons under the age of 18 are |
14 | | present in the building or on the
grounds,
unless the offender |
15 | | is a parent or guardian of a student attending the school and |
16 | | the parent or guardian is: (i) attending a conference at the |
17 | | school with school personnel to discuss the progress of his or |
18 | | her child academically or socially, (ii) participating in |
19 | | child review conferences in which evaluation and placement |
20 | | decisions may be made with respect to his or her child |
21 | | regarding special education services, or (iii) attending |
22 | | conferences to discuss other student issues concerning his or |
23 | | her child such as retention and promotion and notifies the |
24 | | principal of the school of his or her presence at the school or |
25 | | has permission to be present from the
superintendent or the |
26 | | school board or in the case of a private school from the
|
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1 | | principal. In the case of a public school, if permission is |
2 | | granted, the
superintendent or school board president must |
3 | | inform the principal of the
school where the sex offender will |
4 | | be present. Notification includes the
nature of the sex |
5 | | offender's visit and the hours in which the sex offender will
|
6 | | be present in the school. The sex offender is responsible for |
7 | | notifying the
principal's office when he or she arrives on |
8 | | school property and when he or she
departs from school |
9 | | property. If the sex offender is to be present in the
vicinity |
10 | | of children, the sex offender has the duty to remain under the |
11 | | direct
supervision of a school official.
|
12 | | (b-2) It is unlawful for a child sex offender to knowingly |
13 | | loiter on a public
way within 500 feet of a public park |
14 | | building or real property comprising any
public park while |
15 | | persons under the age of 18 are present in the building or on |
16 | | the
grounds
and to approach, contact, or communicate with a |
17 | | child under 18 years of
age,
unless the offender
is a parent or |
18 | | guardian of a person under 18 years of age present in the
|
19 | | building or on the grounds. |
20 | | (b-5) It is unlawful for a child sex offender to knowingly |
21 | | reside within
500 feet of a school building or the real |
22 | | property comprising any school that
persons under the age of |
23 | | 18 attend. Nothing in this subsection (b-5) prohibits
a child |
24 | | sex offender from residing within 500 feet of a school |
25 | | building or the
real property comprising any school that |
26 | | persons under 18 attend if the
property is owned by the child |
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1 | | sex offender and was purchased before July 7, 2000 (the
|
2 | | effective date of Public Act 91-911).
|
3 | | (b-10) It is unlawful for a child sex offender to |
4 | | knowingly reside within
500 feet of a playground, child care |
5 | | institution, day care center, part day child care facility, |
6 | | day care home, group day care home, or a facility providing |
7 | | programs or services
exclusively directed toward persons under |
8 | | 18 years of age. Nothing in this
subsection (b-10) prohibits a |
9 | | child sex offender from residing within 500 feet
of a |
10 | | playground or a facility providing programs or services |
11 | | exclusively
directed toward persons under 18 years of age if |
12 | | the property is owned by the
child sex offender and was |
13 | | purchased before July 7, 2000. Nothing in this
subsection |
14 | | (b-10) prohibits a child sex offender from residing within 500 |
15 | | feet
of a child care institution, day care center, or part day |
16 | | child care facility if the property is owned by the
child sex |
17 | | offender and was purchased before June 26, 2006. Nothing in |
18 | | this subsection (b-10) prohibits a child sex offender from |
19 | | residing within 500 feet of a day care home or group day care |
20 | | home if the property is owned by the child sex offender and was |
21 | | purchased before August 14, 2008 (the effective date of Public |
22 | | Act 95-821). |
23 | | (b-15) It is unlawful for a child sex offender to |
24 | | knowingly reside within
500 feet of the victim of the sex |
25 | | offense. Nothing in this
subsection (b-15) prohibits a child |
26 | | sex offender from residing within 500 feet
of the victim if the |
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1 | | property in which the child sex offender resides is owned by |
2 | | the
child sex offender and was purchased before August 22, |
3 | | 2002. |
4 | | This subsection (b-15) does not apply if the victim of the |
5 | | sex offense
is 21 years of age or older. |
6 | | (b-20) It is unlawful for a child sex offender to |
7 | | knowingly communicate, other than for a lawful purpose under |
8 | | Illinois law, using the Internet or any other digital media, |
9 | | with a person under 18 years of age or with a person whom he or |
10 | | she believes to be a person under 18 years of age,
unless the |
11 | | offender
is a parent or guardian of the person under 18 years |
12 | | of age. |
13 | | (c) It is unlawful for a child sex offender to knowingly |
14 | | operate, manage,
be employed by, volunteer at, be associated |
15 | | with, or knowingly be present at
any: (i) facility providing
|
16 | | programs or services exclusively directed toward persons under |
17 | | the age of 18; (ii) day care center; (iii) part day child care |
18 | | facility; (iv) child care institution; (v) school providing |
19 | | before and after school programs for children under 18 years |
20 | | of age; (vi) day care home; or (vii) group day care home.
This |
21 | | does not prohibit a child sex offender from owning the real |
22 | | property upon
which the programs or services are offered or |
23 | | upon which the day care center, part day child care facility, |
24 | | child care institution, or school providing before and after |
25 | | school programs for children under 18 years of age is located, |
26 | | provided the child sex offender
refrains from being present on |
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1 | | the premises for the hours during which: (1) the
programs or |
2 | | services are being offered or (2) the day care center, part day |
3 | | child care facility, child care institution, or school |
4 | | providing before and after school programs for children under |
5 | | 18 years of age, day care home, or group day care home is |
6 | | operated. |
7 | | (c-2) It is unlawful for a child sex offender to |
8 | | participate in a holiday event involving children under 18 |
9 | | years of age, including but not limited to distributing candy |
10 | | or other items to children on Halloween, wearing a Santa Claus |
11 | | costume on or preceding Christmas, being employed as a |
12 | | department store Santa Claus, or wearing an Easter Bunny |
13 | | costume on or preceding Easter. For the purposes of this |
14 | | subsection, child sex offender has the meaning as defined in |
15 | | this Section, but does not include as a sex offense under |
16 | | paragraph (2) of subsection (d) of this Section, the offense |
17 | | under subsection (c) of Section 11-1.50 of this Code. This |
18 | | subsection does not apply to a child sex offender who is a |
19 | | parent or guardian of children under 18 years of age that are |
20 | | present in the home and other non-familial minors are not |
21 | | present. |
22 | | (c-5) It is unlawful for a child sex offender to knowingly |
23 | | operate, manage, be employed by, or be associated with any |
24 | | carnival, amusement enterprise, or county or State fair when |
25 | | persons 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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1 | | resides at residential real estate to knowingly rent any |
2 | | residential unit within the same building in which he or she |
3 | | resides to a person who is the parent or guardian of a child or |
4 | | children under 18 years of age. This subsection shall apply |
5 | | only to leases or other rental arrangements entered into after |
6 | | January 1, 2009 (the effective date of Public Act 95-820). |
7 | | (c-7) It is unlawful for a child sex offender to knowingly |
8 | | offer or provide any programs or services to persons under 18 |
9 | | years of age in his or her residence or the residence of |
10 | | another or in any facility for the purpose of offering or |
11 | | providing such programs or services, whether such programs or |
12 | | services are offered or provided by contract, agreement, |
13 | | arrangement, or on a volunteer basis. |
14 | | (c-8) It is unlawful for a child sex offender to knowingly |
15 | | operate, whether authorized to do so or not, any of the |
16 | | following vehicles: (1) a vehicle which is specifically |
17 | | designed, constructed or modified and equipped to be used for |
18 | | the retail sale of food or beverages, including but not |
19 | | limited to an ice cream truck; (2) an authorized emergency |
20 | | vehicle; 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. |
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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, |
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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 |
4 | | distance shall be measured from: (1) the edge of the property |
5 | | of the school building or the real property comprising the |
6 | | school that is closest to the edge of the property of the child |
7 | | sex offender's residence or where he or she is loitering, and |
8 | | (2) the edge of the property comprising the public park |
9 | | building or the real property comprising the public park, |
10 | | playground, child care institution, day care center, part day |
11 | | child care facility, or facility providing programs or |
12 | | services exclusively directed toward persons under 18 years of |
13 | | age, or a victim of the sex offense who is under 21 years of |
14 | | age, to the edge of the child sex offender's place of residence |
15 | | or place where he or she is loitering.
|
16 | | (f) Sentence. A person who violates this Section is guilty |
17 | | of 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 |
22 | | acts commits promoting prostitution: |
23 | | (1) advances prostitution as defined in Section |
24 | | 11-0.1; |
25 | | (2) profits from prostitution by: |
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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 |
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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 |
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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 |
8 | | shall be collected and distributed to the Specialized Services |
9 | | for Survivors of Human Trafficking Fund in accordance with |
10 | | Section 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 |
14 | | a child juvenile prostitution . |
15 | | (a) Any person who knowingly performs any of the following |
16 | | acts commits promoting commercial sexual exploitation of a |
17 | | child 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 |
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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. |
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1 | | (b) For purposes of this Section, administering drugs, as |
2 | | defined in subdivision (a)(4), or an alcoholic intoxicant to a |
3 | | child under the age of 13 or a person with a severe or profound |
4 | | intellectual disability shall be deemed to be without consent |
5 | | if the administering is done without the consent of the |
6 | | parents or legal guardian or if the administering is performed |
7 | | by the parents or legal guardian for other than medical |
8 | | purposes. |
9 | | (c) If the accused did not have a reasonable opportunity |
10 | | to observe the person engaged in the sex trade prostituted |
11 | | person , it is an affirmative defense to a charge of promoting |
12 | | commercial sexual exploitation of a child juvenile |
13 | | prostitution , except for a charge under subdivision (a)(4), |
14 | | that the accused reasonably believed the person was of the age |
15 | | of 18 years or over or was not a person with a severe or |
16 | | profound intellectual disability at the time of the act giving |
17 | | rise to the charge. |
18 | | (d) Sentence. A violation of subdivision (a)(1) is a Class |
19 | | 1 felony, unless committed within 1,000 feet of real property |
20 | | comprising a school, in which case it is a Class X felony. A |
21 | | violation of subdivision (a)(2) is a Class 1 felony. A |
22 | | violation of subdivision (a)(3) is a Class X felony. A |
23 | | violation of subdivision (a)(4) is a Class X felony, for which |
24 | | the person shall be sentenced to a term of imprisonment of not |
25 | | less than 6 years and not more than 60 years. A second or |
26 | | subsequent violation of subdivision (a)(1), (a)(2), or (a)(3), |
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1 | | or 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 |
4 | | prostitution), 11-15 (soliciting for a person engaged in the |
5 | | sex trade prostitute ), 11-15.1 (soliciting for a sexually |
6 | | exploited child juvenile prostitute ), 11-16 (pandering), 11-17 |
7 | | (keeping a place of prostitution), 11-17.1 (keeping a place of |
8 | | commercial sexual exploitation of a child juvenile |
9 | | prostitution ), 11-18 (patronizing a person engaged in the sex |
10 | | trade prostitute ), 11-18.1 (patronizing a sexually exploited |
11 | | child juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile |
12 | | pimping 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 |
15 | | this Section that involves promoting commercial sexual |
16 | | exploitation of a child juvenile prostitution by keeping a |
17 | | place of commercial sexual exploitation of a child juvenile |
18 | | prostitution or convicted of a violation of subdivision (a)(4) |
19 | | is subject to the property forfeiture provisions set forth in |
20 | | Article 124B of the Code of Criminal Procedure of 1963. |
21 | | (f) For the purposes of this Section, " person engaged in |
22 | | the sex trade prostituted person "
means any person who engages |
23 | | in, or agrees or offers to engage
in, any act of sexual |
24 | | penetration as defined in Section 11-0.1 of this Code for any |
25 | | money, property, token, object, or article
or anything of |
26 | | value, or any touching or fondling of the sex
organs of one |
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1 | | person by another person, for any money,
property, token, |
2 | | object, or article or anything of value, for
the purpose of |
3 | | sexual 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 |
7 | | prostitute . |
8 | | (a) Any person who knowingly performs any of the following |
9 | | acts with a person
not his or her spouse commits patronizing a |
10 | | person 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 |
23 | | is a Class 4 felony, unless committed within 1,000 feet of real |
24 | | property comprising a school, in which case it is a Class 3 |
25 | | felony.
A person
convicted of a second or subsequent violation |
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1 | | of this Section, or
of any
combination of such number of |
2 | | convictions under this Section and Sections
11-14 |
3 | | (prostitution), 11-14.1 (solicitation of a sexual act), |
4 | | 11-14.3 (promoting prostitution), 11-14.4 (promoting |
5 | | commercial sexual exploitation of a child juvenile |
6 | | prostitution ), 11-15 (soliciting for a person engaged in the |
7 | | sex trade prostitute ), 11-15.1 (soliciting for a sexually |
8 | | exploited child juvenile prostitute ), 11-16 (pandering), 11-17 |
9 | | (keeping a place of prostitution), 11-17.1 (keeping a place of |
10 | | commercial sexual exploitation of a child juvenile |
11 | | prostitution ), 11-18.1 (patronizing a sexually exploited child |
12 | | juvenile prostitute ), 11-19 (pimping), 11-19.1 (juvenile |
13 | | pimping or aggravated juvenile pimping), or 11-19.2 |
14 | | (exploitation of a child) of this Code, is guilty of a Class 3
|
15 | | felony. If the court imposes a fine under this subsection (b), |
16 | | it shall be collected and distributed to the Specialized |
17 | | Services for Survivors of Human Trafficking Fund in accordance |
18 | | with 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 |
23 | | engaged in prostitution . |
24 | | (a) Any person who
engages in an act of sexual penetration |
25 | | as defined in Section 11-0.1 of this
Code with a person who is |
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1 | | under 18 years of age engaged in prostitution who is under 18 |
2 | | years of age or is a person with a severe or profound |
3 | | intellectual disability commits
patronizing a sexually |
4 | | exploited child minor engaged in prostitution . |
5 | | (a-5) Any person who engages in any touching or fondling, |
6 | | with a person engaged in prostitution who either is a sexually |
7 | | exploited child under 18 years of age or is a person with a |
8 | | severe or profound intellectual disability, of the sex organs |
9 | | of one person by the other person, with the intent to achieve |
10 | | sexual arousal or gratification, commits patronizing a |
11 | | sexually exploited child minor engaged in prostitution . |
12 | | (b) It is an affirmative defense to the charge of |
13 | | patronizing a sexually exploited child minor engaged in |
14 | | prostitution
that the accused reasonably believed that the |
15 | | person
was of the age of 18 years or over or was not a person |
16 | | with a severe or profound intellectual disability at the time |
17 | | of the act giving rise to
the charge. |
18 | | (c) Sentence.
A person who commits patronizing a sexually |
19 | | exploited child juvenile prostitute is guilty of a Class 3 |
20 | | felony, unless committed within 1,000 feet of real property |
21 | | comprising a school, in which case it is a Class 2 felony. A |
22 | | person convicted of a second or subsequent violation of this |
23 | | Section, or of any combination of such number of convictions |
24 | | under this Section and Sections 11-14 (prostitution), 11-14.1 |
25 | | (solicitation of a sexual act), 11-14.3 (promoting |
26 | | prostitution), 11-14.4 (promoting commercial sexual |
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1 | | exploitation of a child juvenile prostitution ), 11-15 |
2 | | (soliciting for a person engaged in the sex trade prostitute ), |
3 | | 11-15.1 (soliciting for a sexually exploited child juvenile |
4 | | prostitute ), 11-16 (pandering), 11-17 (keeping a place of |
5 | | prostitution), 11-17.1 (keeping a place of commercial sexual |
6 | | exploitation of a child juvenile prostitution ), 11-18 |
7 | | (patronizing a person engaged in the sex trade prostitute ), |
8 | | 11-19 (pimping), 11-19.1 (juvenile pimping or aggravated |
9 | | juvenile pimping), or 11-19.2 (exploitation of a child) of |
10 | | this Code, is guilty of a Class 2 felony. The fact of such |
11 | | conviction is not an element of the offense and may not be |
12 | | disclosed to the jury during trial unless otherwise permitted |
13 | | by 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 |
20 | | Columbia, or the Commonwealth of Puerto Rico, or any territory |
21 | | or possession of the United States, or any political |
22 | | subdivision, or any department, agency, or instrumentality |
23 | | thereof. |
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 |
18 | | illicit enterprises. |
19 | | (c) "Labor organization" includes any organization, labor |
20 | | union, craft union, or any voluntary unincorporated |
21 | | association designed to further the cause of the rights of |
22 | | union labor that is constituted for the purpose, in whole or in |
23 | | part, of collective bargaining or of dealing with employers |
24 | | concerning grievances, terms or conditions of employment, or |
25 | | apprenticeships or applications for apprenticeships, or of |
26 | | other mutual aid or protection in connection with employment, |
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1 | | including apprenticeships or applications for apprenticeships. |
2 | | (d) "Operation or management" means directing or carrying |
3 | | out the enterprise's affairs and is limited to any person who |
4 | | knowingly serves as a leader, organizer, operator, manager, |
5 | | director, supervisor, financier, advisor, recruiter, supplier, |
6 | | or enforcer of an enterprise in violation of this Article. |
7 | | (e) "Predicate activity" means any act that is a Class 2 |
8 | | felony or higher and constitutes a violation or violations of |
9 | | any of the following provisions of the laws of the State of |
10 | | Illinois (as amended or revised as of the date the activity |
11 | | occurred or, in the instance of a continuing offense, the date |
12 | | that charges under this Article are filed in a particular |
13 | | matter in the State of Illinois) or any act under the law of |
14 | | another jurisdiction for an offense that could be charged as a |
15 | | Class 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 |
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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 |
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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: |
12 | | under the Code of 1961 or the Criminal Code of 2012: Sections |
13 | | 9-1 (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 |
19 | | subject to forfeiture under this Article if the vessel or |
20 | | watercraft, vehicle, or aircraft is used with the knowledge
|
21 | | and consent of the owner in the commission of or in the attempt |
22 | | to 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), |
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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 |
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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 |
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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, |
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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 |
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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 |
20 | | the commission of an
act which is in violation of Section 7g of |
21 | | the Metropolitan Water Reclamation
District Act shall be |
22 | | subject to seizure and forfeiture under the same
procedures |
23 | | provided in this Article for the seizure and forfeiture of |
24 | | vessels or watercraft,
vehicles, and aircraft, and any such |
25 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
26 | | aircraft for purposes of this Article.
|
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1 | | (c) In addition, when a person discharges a firearm at |
2 | | another individual from a vehicle with
the knowledge and |
3 | | consent of the owner of the vehicle and with the intent to
|
4 | | cause death or great bodily harm to that individual and as a |
5 | | result causes
death or great bodily harm to that individual, |
6 | | the vehicle shall be subject to
seizure and forfeiture under |
7 | | the same procedures provided in this Article for
the seizure |
8 | | and 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 |
11 | | offense described in subsection (g) of Section 6-303 of the
|
12 | | Illinois 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 |
14 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
15 | | Code makes a showing
that the seized vehicle is the only source |
16 | | of transportation and it is
determined that the financial |
17 | | hardship to the family as a result of the seizure
outweighs the |
18 | | benefit to the State from the seizure, the vehicle may be
|
19 | | forfeited to the spouse or family member and the title to the |
20 | | vehicle shall be
transferred to the spouse or family member |
21 | | who is properly licensed and who
requires the use of the |
22 | | vehicle for employment or family transportation
purposes. A |
23 | | written declaration of forfeiture of a vehicle under this
|
24 | | Section shall be sufficient cause for the title to be |
25 | | transferred to the spouse
or family member. The provisions of |
26 | | this paragraph shall apply only to one
forfeiture per vehicle. |
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1 | | If the vehicle is the subject of a subsequent
forfeiture |
2 | | proceeding by virtue of a subsequent conviction of either |
3 | | spouse or
the family member, the spouse or family member to |
4 | | whom the vehicle was
forfeited under the first forfeiture |
5 | | proceeding may not utilize the
provisions of this paragraph in |
6 | | another forfeiture proceeding. If the owner of
the vehicle |
7 | | seized owns more than one vehicle,
the procedure set out in |
8 | | this paragraph may be used for only one vehicle.
|
9 | | (e) In addition, property subject to forfeiture under |
10 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus |
11 | | Prevention 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 |
16 | | subject to forfeiture under this Article if the vessel or |
17 | | watercraft, vehicle, or aircraft is used with the knowledge
|
18 | | and consent of the owner in the commission of or in the attempt |
19 | | to 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 |
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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 |
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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), |
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|
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 |
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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 |
17 | | the commission of an
act which is in violation of Section 7g of |
18 | | the Metropolitan Water Reclamation
District Act shall be |
19 | | subject to seizure and forfeiture under the same
procedures |
20 | | provided in this Article for the seizure and forfeiture of |
21 | | vessels or watercraft,
vehicles, and aircraft, and any such |
22 | | equipment shall be deemed a vessel or watercraft, vehicle,
or |
23 | | aircraft for purposes of this Article.
|
24 | | (c) In addition, when a person discharges a firearm at |
25 | | another individual from a vehicle with
the knowledge and |
26 | | consent of the owner of the vehicle and with the intent to
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1 | | cause death or great bodily harm to that individual and as a |
2 | | result causes
death or great bodily harm to that individual, |
3 | | the vehicle shall be subject to
seizure and forfeiture under |
4 | | the same procedures provided in this Article for
the seizure |
5 | | and 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 |
8 | | offense described in subsection (g) of Section 6-303 of the
|
9 | | Illinois 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 |
11 | | 11-501 of the Illinois Vehicle
Code, or Section 9-3 of this
|
12 | | Code makes a showing
that the seized vehicle is the only source |
13 | | of transportation and it is
determined that the financial |
14 | | hardship to the family as a result of the seizure
outweighs the |
15 | | benefit to the State from the seizure, the vehicle may be
|
16 | | forfeited to the spouse or family member and the title to the |
17 | | vehicle shall be
transferred to the spouse or family member |
18 | | who is properly licensed and who
requires the use of the |
19 | | vehicle for employment or family transportation
purposes. A |
20 | | written declaration of forfeiture of a vehicle under this
|
21 | | Section shall be sufficient cause for the title to be |
22 | | transferred to the spouse
or family member. The provisions of |
23 | | this paragraph shall apply only to one
forfeiture per vehicle. |
24 | | If the vehicle is the subject of a subsequent
forfeiture |
25 | | proceeding by virtue of a subsequent conviction of either |
26 | | spouse or
the family member, the spouse or family member to |
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1 | | whom the vehicle was
forfeited under the first forfeiture |
2 | | proceeding may not utilize the
provisions of this paragraph in |
3 | | another forfeiture proceeding. If the owner of
the vehicle |
4 | | seized owns more than one vehicle,
the procedure set out in |
5 | | this paragraph may be used for only one vehicle.
|
6 | | (e) In addition, property subject to forfeiture under |
7 | | Section 40 of the Illinois Streetgang
Terrorism Omnibus |
8 | | Prevention 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 |
11 | | amended by changing Sections 108B-3, 111-8, 124B-10, 124B-100, |
12 | | and 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
|
15 | | communication. |
16 | | (a) The State's Attorney, or a person
designated in |
17 | | writing or
by law to act for him and to perform his duties |
18 | | during his absence or
disability, may authorize, in writing, |
19 | | an ex parte application to the chief
judge of a court of |
20 | | competent jurisdiction for an order authorizing the
|
21 | | interception of a private communication when no
party has |
22 | | consented to
the interception and (i) the interception may |
23 | | provide evidence of, or may
assist in the apprehension of a |
24 | | person who has committed, is committing or
is about to commit, |
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1 | | a violation of Section 8-1(b) (solicitation of murder),
8-1.2 |
2 | | (solicitation of murder for hire), 9-1 (first degree murder), |
3 | | 10-9 (involuntary servitude, involuntary sexual servitude of a |
4 | | minor, or trafficking in persons), paragraph (1), (2), or (3) |
5 | | of subsection (a) of Section 11-14.4 (promoting commercial |
6 | | sexual exploitation of a child juvenile prostitution ), |
7 | | subdivision (a)(2)(A) or (a)(2)(B) of Section 11-14.3 |
8 | | (promoting prostitution), 11-15.1 (soliciting for a sexually |
9 | | exploited child minor engaged in prostitution ), 11-16 |
10 | | (pandering), 11-17.1 (keeping a place of commercial sexual |
11 | | exploitation of a child juvenile prostitution ), 11-18.1 |
12 | | (patronizing a sexually exploited child minor engaged in |
13 | | prostitution ), 11-19.1 (juvenile pimping and aggravated |
14 | | juvenile pimping), or 29B-1
(money laundering) of the Criminal |
15 | | Code of 1961 or the Criminal Code of 2012,
Section 401, 401.1 |
16 | | (controlled substance
trafficking), 405, 405.1 (criminal drug |
17 | | conspiracy) or 407 of the Illinois
Controlled Substances Act |
18 | | or any Section of the Methamphetamine Control and Community |
19 | | Protection Act, a violation of Section 24-2.1, 24-2.2,
24-3,
|
20 | | 24-3.1, 24-3.3, 24-3.4, 24-4, or 24-5 or subsection |
21 | | 24-1(a)(4), 24-1(a)(6),
24-1(a)(7), 24-1(a)(9), 24-1(a)(10), |
22 | | or 24-1(c) of the Criminal Code of 1961 or the Criminal Code of |
23 | | 2012
or conspiracy to commit money laundering or
conspiracy to |
24 | | commit first degree murder; (ii)
in response to a clear and |
25 | | present danger of imminent death or great bodily
harm to |
26 | | persons resulting from: (1) a kidnapping or the holding of a
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1 | | hostage 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 |
3 | | of force of any
premises, place, vehicle, vessel or aircraft; |
4 | | (iii) to aid an investigation
or prosecution of a civil action |
5 | | brought under the Illinois Streetgang
Terrorism Omnibus |
6 | | Prevention Act when there is probable cause to
believe the
|
7 | | interception of the private communication will
provide |
8 | | evidence that a
streetgang is committing, has committed, or |
9 | | will commit a second or subsequent
gang-related offense or |
10 | | that the interception of the private
communication
will aid in |
11 | | the collection of a judgment entered under that Act; or (iv)
|
12 | | upon
information and belief that a streetgang has committed, |
13 | | is committing, or is
about to commit a felony. |
14 | | (b) The State's Attorney or a person designated in writing |
15 | | or by law to
act for the State's Attorney and to perform his or |
16 | | her duties during his or her
absence or disability, may |
17 | | authorize, in writing, an ex parte application to
the chief |
18 | | judge of a circuit court for an order authorizing
the |
19 | | interception of a private communication when no
party has |
20 | | consented to the interception and the interception may provide
|
21 | | evidence of, or may assist in the apprehension of a person who |
22 | | has committed,
is committing or is about to commit, a |
23 | | violation of an offense under Article
29D of the Criminal Code |
24 | | of 1961 or the Criminal Code of 2012. |
25 | | (b-1) Subsection (b) is inoperative on and after January |
26 | | 1, 2005. |
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1 | | (b-2) No conversations recorded or monitored pursuant to |
2 | | subsection (b)
shall be made inadmissible in a court of law by |
3 | | virtue of subsection (b-1). |
4 | | (c) As used in this Section, "streetgang" and |
5 | | "gang-related" have the
meanings ascribed to them in Section |
6 | | 10 of the Illinois Streetgang Terrorism
Omnibus Prevention |
7 | | Act. |
8 | | (Source: P.A. 96-710, eff. 1-1-10; 96-1464, eff. 8-20-10; |
9 | | 97-897, 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 |
12 | | violence.
|
13 | | (a) Whenever
a violation of Section 9-1, 9-2, 9-3, 10-3, |
14 | | 10-3.1, 10-4, 10-5, 11-1.20, 11-1.30, 11-1.40, 11-1.50, |
15 | | 11-1.60, 11-14.3 that involves soliciting for a person engaged |
16 | | in the sex trade prostitute , 11-14.4 that involves soliciting |
17 | | for a sexually exploited child juvenile prostitute , 11-15, |
18 | | 11-15.1, 11-20.1, 11-20.1B, 11-20.3, 11-20a, 12-1,
12-2,
12-3, |
19 | | 12-3.05, 12-3.2, 12-3.3, 12-3.5, 12-4, 12-4.1, 12-4.3,
12-4.6, |
20 | | 12-5, 12-6, 12-6.3, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, |
21 | | 12-14, 12-14.1, 12-15, 12-16, 19-4, 19-6, 21-1, 21-2, 21-3, or |
22 | | 26.5-2
of the Criminal Code of 1961 or the Criminal Code of |
23 | | 2012 or Section 1-1 of the Harassing and Obscene |
24 | | Communications Act is alleged in an information, complaint or |
25 | | indictment
on file, and the alleged offender and victim are |
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1 | | family or household members,
as defined in the Illinois |
2 | | Domestic Violence Act of 1986, as now or hereafter amended,
|
3 | | the People through the respective State's Attorneys may by |
4 | | separate petition
and upon notice to the defendant, except as |
5 | | provided in subsection (c) herein,
request the court to issue |
6 | | an order of protection.
|
7 | | (b) In addition to any other remedies specified in Section |
8 | | 208 of the
Illinois Domestic Violence Act of 1986, as now or |
9 | | hereafter amended, the order may
direct the defendant
to |
10 | | initiate no contact with the alleged victim or victims who are |
11 | | family
or household members and to refrain from entering the |
12 | | residence, school
or place of business of the alleged victim |
13 | | or victims.
|
14 | | (c) The court may grant emergency relief without notice |
15 | | upon a showing
of immediate and present danger of abuse to the |
16 | | victim or minor children of the
victim and may enter a |
17 | | temporary 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 |
21 | | applies to forfeiture of property in connection with the |
22 | | following: |
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; |
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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 |
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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; |
17 | | 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-1138, eff. |
18 | | 6-1-15 .)
|
19 | | (725 ILCS 5/124B-100)
|
20 | | Sec. 124B-100. Definition; "offense". For purposes of this |
21 | | Article, "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, |
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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 |
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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 |
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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; |
14 | | 97-897, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. |
15 | | 1-1-13; 97-1150, eff. 1-25-13.)
|
16 | | (725 ILCS 5/124B-300) |
17 | | Sec. 124B-300. Persons and property subject to forfeiture. |
18 | | A person who commits the offense of involuntary servitude, |
19 | | involuntary servitude of a minor, or trafficking of persons |
20 | | under Section 10A-10 or Section 10-9 of the Criminal Code of |
21 | | 1961 or the Criminal Code of 2012, promoting commercial sexual |
22 | | exploitation of a child juvenile prostitution , keeping a place |
23 | | of commercial sexual exploitation of a child juvenile |
24 | | prostitution , or promoting prostitution that involves keeping |
25 | | a place of prostitution under subsection (a)(1) or (a)(4) of |
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1 | | Section 11-14.4 or under Section 11-14.3, 11-17.1, or 11-19.2 |
2 | | of the Criminal Code of 1961 or of the Criminal Code of 2012 |
3 | | shall forfeit to the State of Illinois any profits or proceeds |
4 | | and any property he or she has acquired or maintained in |
5 | | violation of Section 10A-10 or Section 10-9 of the Criminal |
6 | | Code of 1961 or the Criminal Code of 2012, promoting |
7 | | commercial sexual exploitation of a child juvenile |
8 | | prostitution , keeping a place of commercial sexual |
9 | | exploitation of a child juvenile prostitution , or promoting |
10 | | prostitution that involves keeping a place of prostitution |
11 | | under subsection (a)(1) or (a)(4) of Section 11-14.4 or under |
12 | | Section 11-14.3, 11-17.1, or 11-19.2 of the Criminal Code of |
13 | | 1961 or of the Criminal Code of 2012 that the sentencing court |
14 | | determines, after a forfeiture hearing under this Article, to |
15 | | have been acquired or maintained as a result of maintaining a |
16 | | person in involuntary servitude or participating in |
17 | | trafficking 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 |
20 | | is 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 |
24 | | the
subject of a petition under Section 15 of this Act is a |
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1 | | sexually
violent person, the court shall order the person to |
2 | | be committed
to the custody of the Department for control, |
3 | | care and treatment
until such time as the person is no longer a |
4 | | sexually violent
person.
|
5 | | (b)(1) The court shall enter an initial commitment order |
6 | | under
this Section pursuant to a hearing held as soon as |
7 | | practicable
after the judgment is entered that the person who |
8 | | is the subject of a
petition under Section 15 is a sexually |
9 | | violent person.
If the court lacks sufficient information to |
10 | | make the
determination required by paragraph (b)(2) of this |
11 | | Section
immediately after trial, it may adjourn the hearing |
12 | | and order the
Department to conduct a predisposition |
13 | | investigation or a
supplementary mental examination, or both, |
14 | | to assist the court in
framing the commitment order. If the |
15 | | Department's examining evaluator previously rendered an |
16 | | opinion that the person who is the subject of a petition under |
17 | | Section 15 does not meet the criteria to be found a sexually |
18 | | violent person, then another evaluator shall conduct the |
19 | | predisposition investigation and/or supplementary mental |
20 | | examination. A supplementary mental examination
under this |
21 | | Section shall be conducted in accordance with Section
3-804 of |
22 | | the Mental Health and Developmental Disabilities Code.
The |
23 | | State has the right to have the person evaluated by experts |
24 | | chosen by the State.
|
25 | | (2) An order for commitment under this Section shall |
26 | | specify
either institutional care in a secure facility, as |
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1 | | provided under
Section 50 of this Act, or conditional release. |
2 | | In determining
whether commitment shall be for institutional |
3 | | care in a secure
facility or for conditional release, the |
4 | | court shall consider the
nature and circumstances of the |
5 | | behavior that was the basis of the
allegation in the petition |
6 | | under paragraph (b)(1) of Section 15, the person's
mental |
7 | | history and present mental condition, and what
arrangements |
8 | | are available to ensure that the person has access to
and will |
9 | | participate in necessary treatment.
All treatment, whether in |
10 | | institutional care, in a secure facility, or while
on
|
11 | | conditional release, shall be conducted in conformance
with |
12 | | the standards developed under the Sex Offender Management |
13 | | Board
Act and conducted by a treatment provider licensed under |
14 | | the Sex Offender Evaluation and Treatment Provider Act.
The |
15 | | Department shall
arrange for control, care and treatment of |
16 | | the person in the least
restrictive manner consistent with the |
17 | | requirements of the person
and in accordance with the court's |
18 | | commitment order.
|
19 | | (3) If the court finds that the person is appropriate for
|
20 | | conditional release, the court shall notify the Department. |
21 | | The
Department shall prepare a plan that identifies the |
22 | | treatment and
services, if any, that the person will receive |
23 | | in the community.
The plan shall address the person's need, if |
24 | | any, for
supervision, counseling, medication, community |
25 | | support services,
residential services, vocational services, |
26 | | and alcohol or other
drug abuse treatment. The Department may |
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1 | | contract with a county
health department, with another public |
2 | | agency or with a private
agency to provide the treatment and |
3 | | services identified in the
plan. The plan shall specify who |
4 | | will be responsible for
providing the treatment and services |
5 | | identified in the plan. The
plan shall be presented to the |
6 | | court for its approval within 60
days after the court finding |
7 | | that the person is appropriate for
conditional release, unless |
8 | | the Department and the person to be
released request |
9 | | additional time to develop the plan.
The conditional release |
10 | | program operated under this Section is not
subject to the |
11 | | provisions of the Mental Health and Developmental Disabilities
|
12 | | Confidentiality Act.
|
13 | | (4) An order for conditional release places the person in
|
14 | | the custody and control of the Department. A person on
|
15 | | conditional release is subject to the conditions set by the |
16 | | court
and to the rules of the Department. Before a person is |
17 | | placed on
conditional release by the court under this Section, |
18 | | the court
shall so notify the municipal police department and |
19 | | county sheriff
for the municipality and county in which the |
20 | | person will be
residing. The notification requirement under |
21 | | this Section does
not apply if a municipal police department |
22 | | or county sheriff
submits to the court a written statement |
23 | | waiving the right to be
notified. Notwithstanding any other |
24 | | provision in the Act, the person being supervised on |
25 | | conditional release shall not reside at the same street |
26 | | address as another sex offender being supervised on |
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1 | | conditional release under this Act, mandatory supervised |
2 | | release, parole, aftercare release, probation, or any other |
3 | | manner of supervision. If the Department alleges that a |
4 | | released person has
violated any condition or rule, or that |
5 | | the safety of others
requires that conditional release be |
6 | | revoked, he or she may be
taken into custody under the rules of |
7 | | the Department.
|
8 | | At any time during which the person is on conditional |
9 | | release, if the
Department determines that the person has |
10 | | violated any condition or rule, or
that the safety of others |
11 | | requires that conditional release be revoked, the
Department |
12 | | may request the Attorney General or State's Attorney to |
13 | | request the
court to issue an emergency ex parte order |
14 | | directing any law enforcement
officer
to take the person into |
15 | | custody and transport the person to the county jail.
The |
16 | | Department may request, or the Attorney General or State's |
17 | | Attorney may
request independently of the Department, that a |
18 | | petition to revoke conditional
release be filed. When a |
19 | | petition is filed, the court may order the Department
to issue |
20 | | a notice to the person to be present at the Department or other
|
21 | | agency designated by the court, order a summons to the person |
22 | | to be present, or
order a body attachment for all law |
23 | | enforcement officers to take the person
into custody and |
24 | | transport him or her to the county jail, hospital, or
|
25 | | treatment
facility.
The
Department shall submit a statement |
26 | | showing probable cause of the
detention and a petition to |
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1 | | revoke the order for conditional
release to the committing |
2 | | court within 48 hours after the
detention. The court shall |
3 | | hear the petition within 30 days,
unless the hearing or time |
4 | | deadline is waived by the detained
person. Pending the |
5 | | revocation hearing, the Department may detain
the person in a |
6 | | jail, in a hospital or treatment facility. The
State has the |
7 | | burden of proving by clear and convincing evidence
that any |
8 | | rule or condition of release has been violated, or that
the |
9 | | safety of others requires that the conditional release be
|
10 | | revoked. If the court determines after hearing that any rule |
11 | | or
condition of release has been violated, or that the safety |
12 | | of
others requires that conditional release be revoked, it may |
13 | | revoke
the order for conditional release and order that the |
14 | | released
person be placed in an appropriate institution until |
15 | | the person is
discharged from the commitment under Section 65 |
16 | | of this Act or
until again placed on conditional release under |
17 | | Section 60 of this
Act.
|
18 | | (5) An order for conditional release places the person in |
19 | | the custody,
care, and control of the Department. The court |
20 | | shall order the person be
subject to the following rules of |
21 | | conditional release, in addition to any other
conditions |
22 | | ordered, and the person shall be given a certificate setting |
23 | | forth
the
conditions of conditional release. These conditions |
24 | | shall 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 |
25 | | the term
undergoes mandatory drug or alcohol testing or is |
26 | | assigned to be
placed on an approved electronic monitoring |
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1 | | device may be ordered to pay all
costs incidental to the |
2 | | mandatory drug or alcohol testing and all
costs incidental to |
3 | | the approved electronic monitoring in accordance with the
|
4 | | person's ability to pay those costs. The Department may |
5 | | establish reasonable
fees for the cost of maintenance, |
6 | | testing, and incidental expenses related to
the mandatory drug |
7 | | or alcohol testing and all costs incidental to
approved |
8 | | electronic monitoring.
|
9 | | (Source: P.A. 97-1098, eff. 7-1-14 (see Section 5 of P.A. |
10 | | 98-612 for the effective date of P.A. 97-1098); 98-558, eff. |
11 | | 1-1-14 .)
|
12 | | Section 150. The Statewide Grand Jury Act is amended by |
13 | | changing 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 |
16 | | always had
and
shall continue to have primary responsibility |
17 | | for investigating, indicting,
and prosecuting persons who |
18 | | violate the criminal laws of the State of
Illinois. However, |
19 | | in recent years organized terrorist activity directed
against |
20 | | innocent civilians and certain criminal enterprises have
|
21 | | developed that require investigation, indictment, and |
22 | | prosecution on a
statewide or multicounty level. The criminal |
23 | | enterprises exist
as a result of the
allure of profitability |
24 | | present in narcotic activity, the unlawful sale and
transfer |
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1 | | of firearms, and streetgang related felonies and organized |
2 | | terrorist
activity is supported by the contribution of money |
3 | | and expert assistance from
geographically diverse sources. In
|
4 | | order to shut off the life blood of terrorism and
weaken or |
5 | | eliminate the criminal enterprises, assets, and
property
used |
6 | | to further these offenses must be frozen, and any profit must |
7 | | be
removed. State
statutes exist that can accomplish that |
8 | | goal. Among them are the offense of
money laundering, |
9 | | violations
of Article 29D of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012, the
Narcotics Profit Forfeiture Act, |
11 | | and gunrunning. Local prosecutors need
investigative personnel |
12 | | and specialized training to attack and eliminate these
|
13 | | profits. In light of the transitory and complex nature of |
14 | | conduct that
constitutes these criminal activities, the many |
15 | | diverse property interests that
may be used, acquired directly |
16 | | or indirectly as a result of these criminal
activities, and |
17 | | the many places that illegally obtained property may be
|
18 | | located, it is the purpose of this Act to create a limited, |
19 | | multicounty
Statewide Grand Jury with authority to |
20 | | investigate, indict, and prosecute:
narcotic activity, |
21 | | including cannabis and controlled substance trafficking,
|
22 | | narcotics racketeering, money laundering, violations of the |
23 | | Cannabis
and
Controlled Substances Tax Act, and violations of |
24 | | Article 29D of the Criminal
Code of 1961 or the Criminal Code |
25 | | of 2012; the unlawful sale and transfer of firearms;
|
26 | | gunrunning; and streetgang related felonies.
|
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1 | | (b) A Statewide Grand Jury may also investigate, indict, |
2 | | and prosecute
violations facilitated by the use of a computer |
3 | | of any of
the
following offenses: indecent solicitation of a |
4 | | child, sexual exploitation of a
child, soliciting for a |
5 | | sexually exploited child juvenile prostitute , keeping a place |
6 | | of commercial sexual exploitation of a child juvenile
|
7 | | prostitution , juvenile pimping, child pornography, aggravated |
8 | | child pornography, or promoting commercial sexual exploitation |
9 | | of a child juvenile prostitution except as described in |
10 | | subdivision (a)(4) of Section 11-14.4 of the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012.
|
12 | | (c) A Statewide Grand Jury may also investigate, indict, |
13 | | and 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 |
17 | | Circuit
Judge to convene and preside over a Statewide Grand |
18 | | Jury, with jurisdiction
extending throughout the State, shall |
19 | | be made to the Chief Justice of the
Supreme Court. Upon such |
20 | | written application, the Chief Justice of the
Supreme Court |
21 | | shall appoint a Circuit Judge from the circuit where the
|
22 | | Statewide Grand Jury is being sought to be convened, who shall |
23 | | make a
determination that the convening of a Statewide Grand |
24 | | Jury is necessary.
|
25 | | In such application the Attorney General shall state that |
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1 | | the convening
of a Statewide Grand Jury is necessary because |
2 | | of an alleged offense or
offenses set forth in this Section |
3 | | involving more than one county of the
State and identifying |
4 | | any 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 |
20 | | Statewide Grand
Jury is necessary, he or she shall convene and |
21 | | impanel the Statewide Grand
Jury with jurisdiction extending |
22 | | throughout 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
|
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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 |
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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 |
4 | | Section 10 of the
Illinois Streetgang Terrorism Omnibus |
5 | | Prevention Act.
|
6 | | Upon written application by the Attorney General for the |
7 | | convening of an
additional Statewide Grand Jury, the Chief |
8 | | Justice of the Supreme Court shall
appoint a Circuit Judge |
9 | | from the circuit for which the additional Statewide
Grand Jury |
10 | | is sought. The Circuit Judge shall determine the necessity for
|
11 | | an additional Statewide Grand Jury in accordance with the |
12 | | provisions of this
Section. No more than 2 Statewide Grand |
13 | | Juries 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 |
16 | | changing Sections 3-1-2, 3-2.5-95, 3-3-7, 5-5-3, 5-5-3.2, |
17 | | 5-6-3, 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 |
21 | | designated by the Director to exercise the powers and duties |
22 | | of the
Department of Corrections in regard to committed |
23 | | persons within
a correctional institution or facility, and |
24 | | includes the
superintendent of any juvenile institution or |
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1 | | facility.
|
2 | | (a-3) "Aftercare release" means the conditional and |
3 | | revocable release of a person committed to the Department of |
4 | | Juvenile Justice under the Juvenile Court Act of 1987, under |
5 | | the supervision of the Department of Juvenile Justice. |
6 | | (a-5) "Sex offense" for the purposes of paragraph (16) of |
7 | | subsection (a) of Section 3-3-7, paragraph (10) of subsection |
8 | | (a) of Section 5-6-3, and paragraph (18) of subsection (c) of |
9 | | Section 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. |
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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 |
21 | | state
that is substantially equivalent to any offense listed |
22 | | in this
subsection (a-5) shall constitute a sex offense for |
23 | | the purpose of
this subsection (a-5). A finding or |
24 | | adjudication as a sexually dangerous person under
any federal |
25 | | law or law of another state that is substantially equivalent |
26 | | to the
Sexually Dangerous Persons Act shall constitute an |
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1 | | adjudication for a sex offense for the
purposes of this |
2 | | subsection (a-5).
|
3 | | (b) "Commitment" means a judicially determined placement
|
4 | | in the custody of the Department of Corrections on the basis of
|
5 | | delinquency or conviction.
|
6 | | (c) "Committed person" is a person committed to the |
7 | | Department,
however a committed person shall not be considered |
8 | | to be an employee of
the Department of Corrections for any |
9 | | purpose, including eligibility for
a pension, benefits, or any |
10 | | other compensation or rights or privileges which
may be |
11 | | provided to employees of the Department.
|
12 | | (c-5) "Computer scrub software" means any third-party |
13 | | added software, designed to delete information from the |
14 | | computer unit, the hard drive, or other software, which would |
15 | | eliminate and prevent discovery of browser activity, |
16 | | including, but not limited to, Internet history, address bar |
17 | | or bars, cache or caches, and/or cookies, and which would |
18 | | over-write files in a way so as to make previous computer |
19 | | activity, including, but not limited to, website access, more |
20 | | difficult to discover. |
21 | | (c-10) "Content-controlled tablet" means any device that |
22 | | can only access visitation applications or content relating to |
23 | | educational or personal development. |
24 | | (d) "Correctional institution or facility" means any |
25 | | building or
part of a building where committed persons are |
26 | | kept in a secured manner.
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1 | | (d-5) "Correctional officer" means: an
employee of the |
2 | | Department of Corrections who has custody and
control over |
3 | | committed persons in an adult correctional facility; or, for |
4 | | an employee of the Department of Juvenile Justice, direct care |
5 | | staff of persons committed to a juvenile facility. |
6 | | (e) "Department" means both the Department of Corrections |
7 | | and the Department of Juvenile Justice of this State, unless |
8 | | the context is specific to either the Department of |
9 | | Corrections or the Department of Juvenile Justice.
|
10 | | (f) "Director" means both the Director of Corrections and |
11 | | the Director of Juvenile Justice, unless the context is |
12 | | specific to either the Director of Corrections or the Director |
13 | | of Juvenile Justice.
|
14 | | (f-5) (Blank).
|
15 | | (g) "Discharge" means the final termination of a |
16 | | commitment
to the Department of Corrections.
|
17 | | (h) "Discipline" means the rules and regulations for the
|
18 | | maintenance of order and the protection of persons and |
19 | | property
within the institutions and facilities of the |
20 | | Department and
their enforcement.
|
21 | | (i) "Escape" means the intentional and unauthorized |
|