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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, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 3 as follows: | ||||||
6 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
7 | Sec. 3. As used in this Act unless the context otherwise | ||||||
8 | requires: | ||||||
9 | "Child" means any person under the age of 18 years, unless | ||||||
10 | legally
emancipated by reason of marriage or entry into a | ||||||
11 | branch of the United
States armed services. | ||||||
12 | "Department" means Department of Children and Family | ||||||
13 | Services. | ||||||
14 | "Local law enforcement agency" means the police of a city, | ||||||
15 | town,
village or other incorporated area or the sheriff of an | ||||||
16 | unincorporated
area or any sworn officer of the Illinois | ||||||
17 | Department of State Police. | ||||||
18 | "Abused child"
means a child whose parent or immediate | ||||||
19 | family
member,
or any person responsible for the child's | ||||||
20 | welfare, or any individual
residing in the same home as the | ||||||
21 | child, or a paramour of the child's parent: | ||||||
22 | (a) inflicts, causes to be inflicted, or allows to be
| ||||||
23 | inflicted upon
such child physical injury, by other than |
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1 | accidental means, which causes
death, disfigurement, | ||||||
2 | impairment of physical or
emotional health, or loss or | ||||||
3 | impairment of any bodily function; | ||||||
4 | (b) creates a substantial risk of physical injury to | ||||||
5 | such
child by
other than accidental means which would be | ||||||
6 | likely to cause death,
disfigurement, impairment of | ||||||
7 | physical or emotional health, or loss or
impairment of any | ||||||
8 | bodily function; | ||||||
9 | (c) commits or allows to be committed any sex offense | ||||||
10 | against
such child,
as such sex offenses are defined in the | ||||||
11 | Criminal Code of 1961, as amended, or in the Wrongs to | ||||||
12 | Children Act,
and extending those definitions of sex | ||||||
13 | offenses to include children under
18 years of age; | ||||||
14 | (d) commits or allows to be committed an act or acts of
| ||||||
15 | torture upon
such child; | ||||||
16 | (e) inflicts excessive corporal punishment; | ||||||
17 | (f) commits or allows to be committed
the offense of
| ||||||
18 | female
genital mutilation, as defined in Section 12-34 of | ||||||
19 | the Criminal Code of
1961, against the child; or | ||||||
20 | (g) causes to be sold, transferred, distributed, or | ||||||
21 | given to
such child
under 18 years of age, a controlled | ||||||
22 | substance as defined in Section 102 of the
Illinois | ||||||
23 | Controlled Substances Act in violation of Article IV of the | ||||||
24 | Illinois
Controlled Substances Act or in violation of the | ||||||
25 | Methamphetamine Control and Community Protection Act, | ||||||
26 | except for controlled substances that are prescribed
in |
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| |||||||
1 | accordance with Article III of the Illinois Controlled | ||||||
2 | Substances Act and
are dispensed to such child in a manner | ||||||
3 | that substantially complies with the
prescription. | ||||||
4 | (h) commits or allows to be committed the offense of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, or trafficking in persons for forced labor or | ||||||
7 | services as defined in Section 10-9 of the Criminal Code of | ||||||
8 | 1961 against the child. | ||||||
9 | A child shall not be considered abused for the sole reason | ||||||
10 | that the child
has been relinquished in accordance with the | ||||||
11 | Abandoned Newborn Infant
Protection Act. | ||||||
12 | "Neglected child" means any child who is not receiving the | ||||||
13 | proper or
necessary nourishment or medically indicated | ||||||
14 | treatment including food or care
not provided solely on the | ||||||
15 | basis of the present or anticipated mental or
physical | ||||||
16 | impairment as determined by a physician acting alone or in
| ||||||
17 | consultation with other physicians or otherwise is not | ||||||
18 | receiving the proper or
necessary support or medical or other | ||||||
19 | remedial care recognized under State law
as necessary for a | ||||||
20 | child's well-being, or other care necessary for his or her
| ||||||
21 | well-being, including adequate food, clothing and shelter; or | ||||||
22 | who is abandoned
by his or her parents or other person | ||||||
23 | responsible for the child's welfare
without a proper plan of | ||||||
24 | care; or who has been provided with interim crisis intervention | ||||||
25 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
26 | and whose parent, guardian, or custodian refuses to
permit
the |
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1 | child to return home and no other living arrangement agreeable
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2 | to the parent, guardian, or custodian can be made, and the | ||||||
3 | parent, guardian, or custodian has not made any other | ||||||
4 | appropriate living arrangement for the child; or who is a | ||||||
5 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
6 | amount of a controlled substance as defined in subsection (f) | ||||||
7 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
8 | metabolite thereof,
with the exception of a controlled | ||||||
9 | substance or metabolite thereof whose
presence in the newborn | ||||||
10 | infant is the result of medical treatment administered
to the | ||||||
11 | mother or the newborn infant. A child shall not be considered | ||||||
12 | neglected
for the sole reason that the child's parent or other | ||||||
13 | person responsible for his
or her welfare has left the child in | ||||||
14 | the care of an adult relative for any
period of time. A child | ||||||
15 | shall not be considered neglected for the sole reason
that the | ||||||
16 | child has been relinquished in accordance with the Abandoned | ||||||
17 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
18 | neglected or abused
for the
sole reason that such child's | ||||||
19 | parent or other person responsible for his or her
welfare | ||||||
20 | depends upon spiritual means through prayer alone for the | ||||||
21 | treatment or
cure of disease or remedial care as provided under | ||||||
22 | Section 4 of this Act. A
child shall not be considered | ||||||
23 | neglected or abused solely because the child is
not attending | ||||||
24 | school in accordance with the requirements of Article 26 of The
| ||||||
25 | School Code, as amended. | ||||||
26 | "Child Protective Service Unit" means certain specialized |
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1 | State employees of
the Department assigned by the Director to | ||||||
2 | perform the duties and
responsibilities as provided under | ||||||
3 | Section 7.2 of this Act. | ||||||
4 | "Person responsible for the child's welfare" means the | ||||||
5 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
6 | any person responsible for the
child's welfare in a public or | ||||||
7 | private residential agency or institution; any
person | ||||||
8 | responsible for the child's welfare within a public or private | ||||||
9 | profit or
not for profit child care facility; or any other | ||||||
10 | person responsible for the
child's welfare at the time of the | ||||||
11 | alleged abuse or neglect, or any person who
came to know the | ||||||
12 | child through an official capacity or position of trust,
| ||||||
13 | including but not limited to health care professionals, | ||||||
14 | educational personnel,
recreational supervisors, members of | ||||||
15 | the clergy, and volunteers or
support personnel in any setting
| ||||||
16 | where children may be subject to abuse or neglect. | ||||||
17 | "Temporary protective custody" means custody within a | ||||||
18 | hospital or
other medical facility or a place previously | ||||||
19 | designated for such custody
by the Department, subject to | ||||||
20 | review by the Court, including a licensed
foster home, group | ||||||
21 | home, or other institution; but such place shall not
be a jail | ||||||
22 | or other place for the detention of criminal or juvenile | ||||||
23 | offenders. | ||||||
24 | "An unfounded report" means any report made under this Act | ||||||
25 | for which
it is determined after an investigation that no | ||||||
26 | credible evidence of
abuse or neglect exists. |
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1 | "An indicated report" means a report made under this Act if | ||||||
2 | an
investigation determines that credible evidence of the | ||||||
3 | alleged
abuse or neglect exists. | ||||||
4 | "An undetermined report" means any report made under this | ||||||
5 | Act in
which it was not possible to initiate or complete an | ||||||
6 | investigation on
the basis of information provided to the | ||||||
7 | Department. | ||||||
8 | "Subject of report" means any child reported to the central | ||||||
9 | register
of child abuse and neglect established under Section | ||||||
10 | 7.7 of this Act and
his or her parent, guardian or other person | ||||||
11 | responsible
who is also named in the report. | ||||||
12 | "Perpetrator" means a person who, as a result of | ||||||
13 | investigation, has
been determined by the Department to have | ||||||
14 | caused child abuse or neglect. | ||||||
15 | "Member of the clergy" means a clergyman or practitioner of | ||||||
16 | any religious
denomination accredited by the religious body to | ||||||
17 | which he or she belongs. | ||||||
18 | (Source: P.A. 94-556, eff. 9-11-05; 95-443, eff. 1-1-08.) | ||||||
19 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
20 | changing Sections 2-3 and 2-18 as follows: | ||||||
21 | (705 ILCS 405/2-3) (from Ch. 37, par. 802-3) | ||||||
22 | Sec. 2-3. Neglected or abused minor. | ||||||
23 | (1) Those who are neglected include: | ||||||
24 | (a) any minor under 18 years of age who is not |
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1 | receiving
the proper or necessary support, education as
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2 | required by law, or medical or other remedial care | ||||||
3 | recognized under
State law as necessary for a minor's | ||||||
4 | well-being, or other care necessary
for his or her | ||||||
5 | well-being, including adequate food, clothing and shelter,
| ||||||
6 | or who is abandoned by his or her parent or parents or | ||||||
7 | other person or persons responsible for
the minor's | ||||||
8 | welfare, except that a minor shall not be considered | ||||||
9 | neglected
for the sole reason that the minor's parent or | ||||||
10 | parents or other person or persons responsible for the
| ||||||
11 | minor's welfare have left the minor in the care of an adult | ||||||
12 | relative for any
period of time, who the parent or parents | ||||||
13 | or other person responsible for the minor's welfare know is | ||||||
14 | both a mentally capable adult relative and physically | ||||||
15 | capable adult relative, as defined by this Act; or | ||||||
16 | (b) any minor under 18 years of age whose environment | ||||||
17 | is injurious
to his or her welfare; or | ||||||
18 | (c) any newborn infant whose blood, urine, or meconium
| ||||||
19 | contains any amount of a
controlled substance as defined in | ||||||
20 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
21 | Substances Act, as now or hereafter amended, or a
| ||||||
22 | metabolite of a controlled substance, with the exception of | ||||||
23 | controlled
substances or metabolites of such substances, | ||||||
24 | the presence of which in the
newborn infant is the result | ||||||
25 | of medical treatment administered to the
mother or the | ||||||
26 | newborn infant; or |
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1 | (d) any minor under the age of 14 years whose parent or | ||||||
2 | other person
responsible for the minor's welfare leaves the | ||||||
3 | minor without
supervision for an unreasonable period of | ||||||
4 | time without regard for the mental or
physical health, | ||||||
5 | safety, or welfare of that minor; or | ||||||
6 | (e) any minor who has been provided with interim crisis | ||||||
7 | intervention
services under Section 3-5 of this Act and | ||||||
8 | whose parent, guardian, or custodian
refuses to permit the | ||||||
9 | minor to return home unless the minor is an immediate | ||||||
10 | physical danger to himself, herself, or others living in | ||||||
11 | the home.
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12 | Whether the minor was left without regard for the mental or | ||||||
13 | physical health,
safety, or welfare of that minor or the period | ||||||
14 | of time was unreasonable shall
be determined by considering the | ||||||
15 | following factors, including but not limited
to: | ||||||
16 | (1) the age of the minor; | ||||||
17 | (2) the number of minors left at the location; | ||||||
18 | (3) special needs of the minor, including whether the | ||||||
19 | minor is physically
or mentally handicapped, or otherwise | ||||||
20 | in need of ongoing prescribed medical
treatment such as | ||||||
21 | periodic doses of insulin or other medications; | ||||||
22 | (4) the duration of time in which the minor was left | ||||||
23 | without supervision; | ||||||
24 | (5) the condition and location of the place where the | ||||||
25 | minor was left
without supervision; | ||||||
26 | (6) the time of day or night when the minor was left |
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1 | without supervision; | ||||||
2 | (7) the weather conditions, including whether the | ||||||
3 | minor was left in a
location with adequate protection from | ||||||
4 | the natural elements such as adequate
heat or light; | ||||||
5 | (8) the location of the parent or guardian at the time | ||||||
6 | the minor was left
without supervision, the physical | ||||||
7 | distance the minor was from the parent or
guardian at the | ||||||
8 | time the minor was without supervision; | ||||||
9 | (9) whether the minor's movement was restricted, or the | ||||||
10 | minor was
otherwise locked within a room or other | ||||||
11 | structure; | ||||||
12 | (10) whether the minor was given a phone number of a | ||||||
13 | person or location to
call in the event of an emergency and | ||||||
14 | whether the minor was capable of making
an emergency call; | ||||||
15 | (11) whether there was food and other provision left | ||||||
16 | for the minor; | ||||||
17 | (12) whether any of the conduct is attributable to | ||||||
18 | economic hardship or
illness and the parent, guardian or | ||||||
19 | other person having physical custody or
control of the | ||||||
20 | child made a good faith effort to provide for the health | ||||||
21 | and
safety of the minor; | ||||||
22 | (13) the age and physical and mental capabilities of | ||||||
23 | the person or persons
who provided supervision for the | ||||||
24 | minor; | ||||||
25 | (14) whether the minor was left under the supervision | ||||||
26 | of another person; |
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1 | (15) any other factor that would endanger the health | ||||||
2 | and safety of that
particular minor. | ||||||
3 | A minor shall not be considered neglected for the sole | ||||||
4 | reason that the
minor has been relinquished in accordance with | ||||||
5 | the Abandoned Newborn Infant
Protection Act. | ||||||
6 | (2) Those who are abused include any minor under 18 years | ||||||
7 | of age whose
parent or immediate family member, or any person | ||||||
8 | responsible
for the minor's welfare, or any person who is in | ||||||
9 | the same family or household
as the minor, or any individual | ||||||
10 | residing in the same home as the minor, or
a paramour of the | ||||||
11 | minor's parent: | ||||||
12 | (i) inflicts, causes to be inflicted, or allows to be | ||||||
13 | inflicted upon
such minor physical injury, by other than | ||||||
14 | accidental means, which causes death,
disfigurement, | ||||||
15 | impairment of physical or emotional health, or loss or
| ||||||
16 | impairment of any bodily function; | ||||||
17 | (ii) creates a substantial risk of physical injury to | ||||||
18 | such minor by
other than accidental means which would be | ||||||
19 | likely to cause death,
disfigurement, impairment of | ||||||
20 | emotional health, or loss or impairment of any
bodily | ||||||
21 | function; | ||||||
22 | (iii) commits or allows to be committed any sex offense | ||||||
23 | against such
minor, as such sex offenses are defined in the | ||||||
24 | Criminal Code of 1961, as
amended, or in the Wrongs to | ||||||
25 | Children Act, and extending those definitions of sex | ||||||
26 | offenses to include minors
under 18 years of age; |
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1 | (iv) commits or allows to be committed an act or acts | ||||||
2 | of torture upon
such minor; or | ||||||
3 | (v) inflicts excessive corporal punishment ; . | ||||||
4 | (vi) commits or allows to be committed the offense of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, or trafficking in persons for forced labor or | ||||||
7 | services defined in Section 10-9 of the Criminal Code of | ||||||
8 | 1961, upon such minor; or | ||||||
9 | (vii) allows, encourages or requires a minor to commit | ||||||
10 | any act of prostitution, as defined in the Criminal Code of | ||||||
11 | 1961, and extending those definitions to include minors | ||||||
12 | under 18 years of age. | ||||||
13 | A minor shall not be considered abused for the sole reason | ||||||
14 | that the minor
has been relinquished in accordance with the | ||||||
15 | Abandoned Newborn Infant
Protection Act. | ||||||
16 | (3) This Section does not apply to a minor who would be | ||||||
17 | included
herein solely for the purpose of qualifying for | ||||||
18 | financial assistance for
himself, his parents, guardian or | ||||||
19 | custodian. | ||||||
20 | (Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09.) | ||||||
21 | (705 ILCS 405/2-18) (from Ch. 37, par. 802-18) | ||||||
22 | Sec. 2-18. Evidence. | ||||||
23 | (1) At the adjudicatory hearing, the court shall first | ||||||
24 | consider only the
question whether the minor is abused, | ||||||
25 | neglected or dependent. The standard of
proof and the rules of |
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| |||||||
1 | evidence in the nature of civil proceedings in this
State are | ||||||
2 | applicable to proceedings under this Article. If the petition | ||||||
3 | also
seeks the appointment of a guardian of the person with
| ||||||
4 | power to consent to adoption of the minor under Section 2-29, | ||||||
5 | the court may
also consider legally admissible evidence at the | ||||||
6 | adjudicatory hearing that one
or more grounds of unfitness | ||||||
7 | exists under subdivision D of Section 1 of the
Adoption Act. | ||||||
8 | (2) In any hearing under this Act, the following shall | ||||||
9 | constitute prima
facie evidence of abuse or neglect, as the | ||||||
10 | case may be: | ||||||
11 | (a) proof that a minor has a medical diagnosis of | ||||||
12 | battered child syndrome
is prima facie evidence of abuse; | ||||||
13 | (b) proof that a minor has a medical diagnosis of | ||||||
14 | failure to thrive
syndrome is prima facie evidence of | ||||||
15 | neglect; | ||||||
16 | (c) proof that a minor has a medical diagnosis of fetal | ||||||
17 | alcohol syndrome
is prima facie evidence of neglect; | ||||||
18 | (d) proof that a minor has a medical diagnosis at birth | ||||||
19 | of withdrawal
symptoms from narcotics or barbiturates is | ||||||
20 | prima facie evidence of neglect; | ||||||
21 | (e) proof of injuries sustained by a minor or of the | ||||||
22 | condition of a minor
of such a nature as would ordinarily | ||||||
23 | not be sustained or exist except by
reason of the acts or | ||||||
24 | omissions of the parent, custodian or guardian of
such | ||||||
25 | minor shall be prima facie evidence of abuse or neglect, as | ||||||
26 | the case may
be; |
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1 | (f) proof that a parent, custodian or guardian of a | ||||||
2 | minor repeatedly used
a drug, to the extent that it has or | ||||||
3 | would ordinarily have the effect of
producing in the user a | ||||||
4 | substantial state of stupor, unconsciousness,
| ||||||
5 | intoxication, hallucination, disorientation or | ||||||
6 | incompetence, or a
substantial impairment of judgment, or a | ||||||
7 | substantial manifestation of
irrationality, shall be prima | ||||||
8 | facie evidence of neglect; | ||||||
9 | (g) proof that a parent, custodian, or guardian of a | ||||||
10 | minor repeatedly
used a controlled substance, as defined in | ||||||
11 | subsection (f) of Section 102 of the
Illinois Controlled | ||||||
12 | Substances Act, in the presence of the minor or a sibling
| ||||||
13 | of the minor is prima facie evidence of neglect. "Repeated | ||||||
14 | use", for the
purpose of this subsection, means more than | ||||||
15 | one use of a controlled substance
as defined in subsection | ||||||
16 | (f) of Section 102 of the Illinois Controlled
Substances | ||||||
17 | Act; | ||||||
18 | (h) proof that a newborn infant's blood, urine, or | ||||||
19 | meconium contains any
amount of a controlled substance as | ||||||
20 | defined in subsection (f) of Section 102 of
the Illinois | ||||||
21 | Controlled Substances Act, or a metabolite of a controlled
| ||||||
22 | substance, with the exception of controlled substances or | ||||||
23 | metabolites of those
substances, the presence of which is | ||||||
24 | the result of medical treatment
administered to the mother | ||||||
25 | or the newborn, is prime facie evidence of
neglect; | ||||||
26 | (i) proof that a minor was present in a structure or |
| |||||||
| |||||||
1 | vehicle in which the minor's parent, custodian, or guardian | ||||||
2 | was involved in the manufacture of methamphetamine | ||||||
3 | constitutes prima facie evidence of abuse and neglect ; .
| ||||||
4 | (j) proof that a parent, custodian, or guardian of a | ||||||
5 | minor allows, encourages, or requires a minor to perform, | ||||||
6 | offer, or agree to perform any act of sexual penetration as | ||||||
7 | defined in Section 12-12 of the Criminal Code of 1961 for | ||||||
8 | any money, property, token, object, or article or anything | ||||||
9 | of value, or any touching or fondling of the sex organs of | ||||||
10 | one person by another person, for any money, property, | ||||||
11 | token, object, or article or anything of value, for the | ||||||
12 | purpose of sexual arousal or gratification, constitutes | ||||||
13 | prima facie evidence of abuse and neglect; | ||||||
14 | (k) proof that a parent, custodian, or guardian of a | ||||||
15 | minor commits or allows to be committed the offense of | ||||||
16 | involuntary servitude, involuntary sexual servitude of a | ||||||
17 | minor, or trafficking in persons for forced labor or | ||||||
18 | services defined in Section 10-9 of the Criminal Code of | ||||||
19 | 1961, upon such minor, constitutes prima facie evidence of | ||||||
20 | abuse and neglect. | ||||||
21 | (3) In any hearing under this Act, proof of the abuse, | ||||||
22 | neglect or dependency
of one minor shall be admissible evidence | ||||||
23 | on the issue of the abuse, neglect or
dependency of any other | ||||||
24 | minor for whom the respondent is responsible. | ||||||
25 | (4) (a) Any writing, record, photograph or x-ray of any | ||||||
26 | hospital or public
or private agency, whether in the form of an |
| |||||||
| |||||||
1 | entry in a book or otherwise,
made as a memorandum or record of | ||||||
2 | any condition, act, transaction, occurrence
or event relating | ||||||
3 | to a minor in an abuse, neglect or
dependency proceeding, shall | ||||||
4 | be
admissible in evidence as proof of that condition, act, | ||||||
5 | transaction, occurrence
or event, if the court finds that the | ||||||
6 | document was made in the regular course
of the business of the | ||||||
7 | hospital or agency and that it was in the regular
course of | ||||||
8 | such business to make it, at the time of the act, transaction,
| ||||||
9 | occurrence or event, or within a reasonable time thereafter. A | ||||||
10 | certification
by the head or responsible employee of the | ||||||
11 | hospital or agency that the writing,
record, photograph or | ||||||
12 | x-ray is the full and complete record of the condition,
act, | ||||||
13 | transaction, occurrence or event and that it satisfies the | ||||||
14 | conditions
of this paragraph shall be prima facie evidence of | ||||||
15 | the facts contained in
such certification. A certification by | ||||||
16 | someone other than the head of the
hospital or agency shall be | ||||||
17 | accompanied by a photocopy of a delegation of
authority signed | ||||||
18 | by both the head of the hospital or agency and by such
other | ||||||
19 | employee. All other circumstances of the making of the | ||||||
20 | memorandum,
record, photograph or x-ray, including lack of | ||||||
21 | personal knowledge of the
maker, may be proved to affect the | ||||||
22 | weight to be accorded such evidence,
but shall not affect its | ||||||
23 | admissibility. | ||||||
24 | (b) Any indicated report filed pursuant to the Abused and | ||||||
25 | Neglected Child
Reporting Act shall be admissible in evidence. | ||||||
26 | (c) Previous statements made by the minor relating to any |
| |||||||
| |||||||
1 | allegations
of abuse or neglect shall be admissible in | ||||||
2 | evidence. However, no such
statement, if uncorroborated and not | ||||||
3 | subject to cross-examination, shall be
sufficient in itself to | ||||||
4 | support a finding of abuse or neglect. | ||||||
5 | (d) There shall be a rebuttable presumption that a minor is | ||||||
6 | competent
to testify in abuse or neglect proceedings. The court | ||||||
7 | shall determine how
much weight to give to the minor's | ||||||
8 | testimony, and may allow the minor to
testify in chambers with | ||||||
9 | only the court, the court reporter and attorneys
for the | ||||||
10 | parties present. | ||||||
11 | (e) The privileged character of communication between any | ||||||
12 | professional
person and patient or client, except privilege | ||||||
13 | between attorney and client,
shall not apply to proceedings | ||||||
14 | subject to this Article. | ||||||
15 | (f) Proof of the impairment of emotional health or | ||||||
16 | impairment of mental
or emotional condition as a result of the | ||||||
17 | failure of the respondent to exercise
a minimum degree of care | ||||||
18 | toward a minor may include competent opinion or
expert | ||||||
19 | testimony, and may include proof that such impairment lessened | ||||||
20 | during
a period when the minor was in the care, custody or | ||||||
21 | supervision of a person
or agency other than the respondent. | ||||||
22 | (5) In any hearing under this Act alleging neglect for | ||||||
23 | failure to
provide education as required by law under | ||||||
24 | subsection (1) of Section 2-3,
proof that a minor under 13 | ||||||
25 | years of age who is subject to compulsory
school attendance | ||||||
26 | under the School Code is a chronic truant as defined
under the |
| |||||||
| |||||||
1 | School Code shall be prima facie evidence of neglect by the
| ||||||
2 | parent or guardian in any hearing under this Act and proof that | ||||||
3 | a minor who
is 13 years of age or older who is subject to | ||||||
4 | compulsory school attendance
under the School Code is a chronic | ||||||
5 | truant shall raise a rebuttable
presumption of neglect by the | ||||||
6 | parent or guardian. This subsection (5)
shall not apply in | ||||||
7 | counties with 2,000,000 or more inhabitants. | ||||||
8 | (6) In any hearing under this Act, the court may take | ||||||
9 | judicial notice of
prior sworn testimony or evidence admitted | ||||||
10 | in prior proceedings involving
the same minor if (a) the | ||||||
11 | parties were either represented by counsel at such
prior | ||||||
12 | proceedings or the right to counsel was knowingly waived and | ||||||
13 | (b) the
taking of judicial notice would not result in admitting | ||||||
14 | hearsay evidence at a
hearing where it would otherwise be | ||||||
15 | prohibited. | ||||||
16 | (Source: P.A. 93-884, eff. 1-1-05.) | ||||||
17 | Section 15. The Criminal Code of 1961 is amended by | ||||||
18 | changing Sections 11-14, 11-14.1, 11-14.2, 11-15, 11-15.1, | ||||||
19 | 11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, and | ||||||
20 | 14-3 and by adding Section 11-19.3 as follows: | ||||||
21 | (720 ILCS 5/11-14) (from Ch. 38, par. 11-14) | ||||||
22 | Sec. 11-14. Prostitution. | ||||||
23 | (a) Any person who performs, offers or agrees
to perform | ||||||
24 | any act of sexual penetration as defined in Section 12-12 of
|
| |||||||
| |||||||
1 | this Code for any money, property, token, object, or article or | ||||||
2 | anything
of value, or any touching or fondling
of the sex | ||||||
3 | organs of one person by another person, for any money,
| ||||||
4 | property, token, object, or article or
anything of value, for | ||||||
5 | the purpose of sexual arousal or gratification commits
an act | ||||||
6 | of prostitution. | ||||||
7 | (b) Sentence. | ||||||
8 | Prostitution is a Class A misdemeanor.
A person convicted | ||||||
9 | of a second or
subsequent violation of this Section, or of any | ||||||
10 | combination of such number
of convictions under this Section | ||||||
11 | and Sections 11-14.1, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, | ||||||
12 | 11-18, 11-18.1 ,
and
11-19 , 11-19.1, or 11-19.2 of this Code is | ||||||
13 | guilty of a Class 4 felony.
When a person has one or more prior | ||||||
14 | convictions, the information or
indictment charging that
| ||||||
15 | person shall state such prior conviction so as to give
notice | ||||||
16 | of the
State's intention to treat the charge as a felony. The | ||||||
17 | fact of such prior
conviction is not an element of the offense | ||||||
18 | and may not be
disclosed to
the jury during trial unless | ||||||
19 | otherwise permitted by issues properly raised
during such | ||||||
20 | trial. | ||||||
21 | (c) A person who violates this Section within 1,000 feet of | ||||||
22 | real property
comprising a school commits a Class 4 felony. | ||||||
23 | (d) Notwithstanding the foregoing, if it is determined, | ||||||
24 | after a reasonable detention for investigative purposes, that a | ||||||
25 | person suspected of or charged with a violation of this Section | ||||||
26 | is a person under the age of 18, that person shall be immune |
| |||||||
| |||||||
1 | from prosecution for a prostitution offense under this Section, | ||||||
2 | and shall be subject to the temporary protective custody | ||||||
3 | provisions of Sections 2-5 and 2-6 of the Juvenile Court Act of | ||||||
4 | 1987. Pursuant to the provisions of Section 2-6 of the Juvenile | ||||||
5 | Court Act of 1987, a law enforcement officer who takes a person | ||||||
6 | under 18 years of age into custody under this Section shall | ||||||
7 | immediately report an allegation of a violation of Section 10-9 | ||||||
8 | of this Code to the Illinois Department of Children and Family | ||||||
9 | Services State Central Register, which shall commence an | ||||||
10 | initial investigation into child abuse or child neglect within | ||||||
11 | 24 hours pursuant to Section 7.4 of the Abused and Neglected | ||||||
12 | Child Reporting Act. | ||||||
13 | (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, | ||||||
14 | eff.
4-13-00.) | ||||||
15 | (720 ILCS 5/11-14.1) | ||||||
16 | Sec. 11-14.1. Solicitation of a sexual act. | ||||||
17 | (a) Any person who offers a person not his or her spouse | ||||||
18 | any money,
property, token, object, or article or anything of | ||||||
19 | value for that person or any other person not his or her spouse | ||||||
20 | to
perform any act of sexual penetration as defined in Section | ||||||
21 | 12-12 of this Code,
or any touching or fondling of the sex | ||||||
22 | organs of one person by another person
for the purpose of | ||||||
23 | sexual arousal or gratification, commits the offense of
| ||||||
24 | solicitation of a sexual act. | ||||||
25 | (b) Sentence. Solicitation of a sexual act is a Class A B |
| |||||||
| |||||||
1 | misdemeanor. Solicitation of a sexual act from a person who is | ||||||
2 | under the age of 18 or who is severely or profoundly mentally | ||||||
3 | retarded is a Class 4 felony. | ||||||
4 | (b-5) It is an affirmative defense to a charge of | ||||||
5 | solicitation of a sexual act with a person who is under the age | ||||||
6 | of 18 or who is severely or profoundly mentally retarded that | ||||||
7 | the accused reasonably believed the person was of the age of 18 | ||||||
8 | years or over or was not a severely or profoundly mentally | ||||||
9 | retarded person at the time of the act giving rise to the | ||||||
10 | charge. | ||||||
11 | (Source: P.A. 91-696, eff. 4-13-00.) | ||||||
12 | (720 ILCS 5/11-14.2) | ||||||
13 | Sec. 11-14.2. First offender; felony prostitution. | ||||||
14 | (a) Whenever any person who has not previously been | ||||||
15 | convicted
of or placed on probation for felony prostitution or | ||||||
16 | any law of the United States or of any other state relating to | ||||||
17 | felony prostitution pleads guilty to or is found guilty of | ||||||
18 | felony prostitution, the court, without entering a judgment and | ||||||
19 | with the consent of such
person, may sentence the person to | ||||||
20 | probation. | ||||||
21 | (b) When a person is placed on probation, the court shall | ||||||
22 | enter an order
specifying a period of probation of 24 months | ||||||
23 | and shall defer further
proceedings in the case until the | ||||||
24 | conclusion of the period or until the
filing of a petition | ||||||
25 | alleging violation of a term or condition of probation. |
| |||||||
| |||||||
1 | (c) The conditions of probation shall be that the person: | ||||||
2 | (1) not
violate any criminal statute of any jurisdiction; (2) | ||||||
3 | refrain from
possessing a firearm or other dangerous weapon; | ||||||
4 | (3) submit to periodic drug
testing at a time and in a manner | ||||||
5 | as ordered by the court, but no less than 3
times during the | ||||||
6 | period of the probation, with the cost of the testing to be
| ||||||
7 | paid by the probationer; and (4) perform no less than 30 hours | ||||||
8 | of community
service, provided community service is available | ||||||
9 | in the jurisdiction and is
funded
and approved by the county | ||||||
10 | board. | ||||||
11 | (d) The court may, in addition to other conditions, require | ||||||
12 | that the person:
| ||||||
13 | (1) make a report to and appear in person before or | ||||||
14 | participate with the
court or such courts, person, or | ||||||
15 | social service agency as directed by the
court in the order | ||||||
16 | of probation; | ||||||
17 | (2) pay a fine and costs; | ||||||
18 | (3) work or pursue a course of study or vocational
| ||||||
19 | training; | ||||||
20 | (4) undergo medical or psychiatric treatment; or | ||||||
21 | treatment or
rehabilitation by a provider approved by the | ||||||
22 | Illinois Department of Human Services; | ||||||
23 | (5) attend or reside in a facility established for the | ||||||
24 | instruction or
residence of defendants on probation; | ||||||
25 | (6) support his or her dependents;
| ||||||
26 | (7) refrain from having in his or her body the presence |
| |||||||
| |||||||
1 | of any illicit
drug prohibited by the Cannabis Control Act | ||||||
2 | or the Illinois Controlled
Substances Act, unless | ||||||
3 | prescribed by a physician, and submit samples of
his or her | ||||||
4 | blood or urine or both for tests to determine the presence | ||||||
5 | of any
illicit drug; | ||||||
6 | (8) (blank). and in addition, if a minor: | ||||||
7 | (i) reside with his or her parents or in a foster | ||||||
8 | home; | ||||||
9 | (ii) attend school; | ||||||
10 | (iii) attend a non-residential program for youth; | ||||||
11 | (iv) contribute to his or her own support at home | ||||||
12 | or in a foster home. | ||||||
13 | (e) Upon violation of a term or condition of probation, the | ||||||
14 | court
may enter a judgment on its original finding of guilt and | ||||||
15 | proceed as
otherwise provided. | ||||||
16 | (f) Upon fulfillment of the terms and conditions of | ||||||
17 | probation, the court
shall discharge the person and dismiss the | ||||||
18 | proceedings against him or her.
| ||||||
19 | (g) A disposition of probation is considered to be a | ||||||
20 | conviction
for the purposes of imposing the conditions of | ||||||
21 | probation and for appeal,
however, discharge and dismissal | ||||||
22 | under this Section is not a conviction for
purposes of this Act | ||||||
23 | or for purposes of disqualifications or disabilities
imposed by | ||||||
24 | law upon conviction of a crime. | ||||||
25 | (h) There may be only one discharge and dismissal under | ||||||
26 | this Section. |
| |||||||
| |||||||
1 | (i) If a person is convicted of prostitution within 5 years
| ||||||
2 | subsequent to a discharge and dismissal under this Section, the | ||||||
3 | discharge and
dismissal under this Section shall be admissible | ||||||
4 | in the sentencing proceeding
for that conviction
as evidence in | ||||||
5 | aggravation.
| ||||||
6 | (Source: P.A. 95-255, eff. 8-17-07.) | ||||||
7 | (720 ILCS 5/11-15) (from Ch. 38, par. 11-15) | ||||||
8 | Sec. 11-15. Soliciting for a prostitute. | ||||||
9 | (a) Any person who performs any of the following acts | ||||||
10 | commits soliciting
for a prostitute: | ||||||
11 | (1) Solicits another for the purpose of prostitution; | ||||||
12 | or | ||||||
13 | (2) Arranges or offers to arrange a meeting of persons | ||||||
14 | for the
purpose of prostitution; or | ||||||
15 | (3) Directs another to a place knowing such direction | ||||||
16 | is for the
purpose of prostitution. | ||||||
17 | (b) Sentence.
Soliciting for a prostitute is a Class 4 | ||||||
18 | felony A misdemeanor .
A person convicted of a second or | ||||||
19 | subsequent violation of this
Section,
or of any combination of | ||||||
20 | such number of convictions under this Section and
Sections | ||||||
21 | 11-14, 11-14.1, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
22 | 11-18.1 , and 11-19 , 11-19.1, or 11-19.2 of this
Code
is guilty | ||||||
23 | of a Class 3 4 felony. When a person has
one or more prior
| ||||||
24 | convictions, the information or indictment charging that | ||||||
25 | person shall state
such prior conviction so as to give notice |
| |||||||
| |||||||
1 | of the State's
intention to
treat the charge as a felony. The | ||||||
2 | fact of such prior conviction is not an
element of the offense | ||||||
3 | and may not be disclosed to the jury during trial
unless | ||||||
4 | otherwise permitted by issues properly raised during such | ||||||
5 | trial. | ||||||
6 | (b-5) A person who violates this Section within 1,000 feet | ||||||
7 | of
real
property comprising a school commits a Class 3 4 | ||||||
8 | felony. | ||||||
9 | (c) A peace officer who arrests a person for a violation of | ||||||
10 | this Section
may impound any vehicle used by the person in the | ||||||
11 | commission of the offense.
The person may recover the vehicle | ||||||
12 | from the impound after a minimum of 2 hours
after arrest upon | ||||||
13 | payment of a fee of $200. The fee shall be distributed to
the | ||||||
14 | unit of government whose peace officers
made the arrest for a
| ||||||
15 | violation of this Section. This $200 fee includes the costs | ||||||
16 | incurred by the
unit of government to tow the vehicle to the | ||||||
17 | impound.
Upon the presentation of a signed court order by the | ||||||
18 | defendant whose vehicle
was impounded showing that the | ||||||
19 | defendant has been acquitted of the offense of
soliciting for a | ||||||
20 | prostitute or that the charges have been dismissed against the
| ||||||
21 | defendant for that offense, the municipality shall refund the | ||||||
22 | $200 fee to the
defendant. | ||||||
23 | (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, | ||||||
24 | eff.
6-28-01.) | ||||||
25 | (720 ILCS 5/11-15.1) (from Ch. 38, par. 11-15.1) |
| |||||||
| |||||||
1 | Sec. 11-15.1. Soliciting for a minor engaged in | ||||||
2 | prostitution Juvenile Prostitute . | ||||||
3 | (a) Any person who
violates any of the provisions of | ||||||
4 | Section 11-15(a) of this Act commits
soliciting for a minor | ||||||
5 | engaged in prostitution juvenile prostitute where the person | ||||||
6 | prostitute for whom such
person is soliciting is under 18 17 | ||||||
7 | years of age or is a
severely or profoundly mentally retarded | ||||||
8 | person. | ||||||
9 | (b) It is an affirmative defense to a charge of soliciting | ||||||
10 | for a minor engaged in prostitution
juvenile prostitute that | ||||||
11 | the accused reasonably believed the person was of
the age of 18 | ||||||
12 | 17 years or over or was not a severely
or
profoundly mentally | ||||||
13 | retarded person at the time of the act giving rise to the
| ||||||
14 | charge. | ||||||
15 | (c) Sentence. | ||||||
16 | Soliciting for a minor engaged in prostitution juvenile | ||||||
17 | prostitute is a Class 1 felony. A person convicted of a second | ||||||
18 | or subsequent violation of this Section, or
of any
combination | ||||||
19 | of such number of convictions under this Section and Sections | ||||||
20 | 11-14, 11-14.1, 11-15, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, | ||||||
21 | 11-19, 11-19.1, or 11-19.2 of this Code, is guilty of a Class X | ||||||
22 | felony. The fact of such prior conviction is not an
element of | ||||||
23 | the offense and may not be disclosed to the jury during trial
| ||||||
24 | unless otherwise permitted by issues properly raised during the | ||||||
25 | trial. | ||||||
26 | (c-5) A person who violates this Section within 1,000 feet |
| |||||||
| |||||||
1 | of real property comprising a school commits a Class X felony. | ||||||
2 | (Source: P.A. 95-95, eff. 1-1-08.) | ||||||
3 | (720 ILCS 5/11-17) (from Ch. 38, par. 11-17) | ||||||
4 | Sec. 11-17. Keeping a Place of Prostitution. | ||||||
5 | (a) Any person who has or exercises control over the use of | ||||||
6 | any place
which could offer seclusion or shelter for the | ||||||
7 | practice of prostitution who
performs any of the following acts | ||||||
8 | keeps a place of prostitution: | ||||||
9 | (1) Knowingly grants or permits the use of such place | ||||||
10 | for the purpose
of prostitution; or | ||||||
11 | (2) Grants or permits the use of such place under | ||||||
12 | circumstances from
which he could reasonably know that the | ||||||
13 | place is used or is to be used for
purposes of | ||||||
14 | prostitution; or | ||||||
15 | (3) Permits the continued use of a place after becoming | ||||||
16 | aware of
facts or circumstances from which he should | ||||||
17 | reasonably know that the place
is being used for purposes | ||||||
18 | of prostitution. | ||||||
19 | (b) Sentence. | ||||||
20 | Keeping a place of prostitution is a Class 4 felony A | ||||||
21 | misdemeanor . A person
convicted of a second or subsequent | ||||||
22 | violation of this Section, or
of any
combination of such number | ||||||
23 | of convictions under this Section and Sections
11-14, 11-14.1, | ||||||
24 | 11-15, 11-15.1, 11-16, 11-17.1, 11-18, 11-18.1 , and 11-19 , | ||||||
25 | 11-19.1, or 11-19.2 of this Code, is guilty
of a Class 3 4
|
| |||||||
| |||||||
1 | felony. When a person has one or more prior convictions, the
| ||||||
2 | information or
indictment charging that person shall state such | ||||||
3 | prior conviction so as to
give notice of the State's intention | ||||||
4 | to treat the charge as a felony. The
fact of such conviction is | ||||||
5 | not an element of the offense
and may not be
disclosed to the | ||||||
6 | jury during trial unless otherwise permitted by issues
properly | ||||||
7 | raised during such trial. A person who violates this Section | ||||||
8 | within 1,000 feet of
real property comprising a school commits | ||||||
9 | a Class 3 felony. | ||||||
10 | (Source: P.A. 91-498, eff. 1-1-00.) | ||||||
11 | (720 ILCS 5/11-17.1) (from Ch. 38, par. 11-17.1) | ||||||
12 | Sec. 11-17.1. Keeping a Place of Juvenile Prostitution. | ||||||
13 | (a) Any
person who knowingly violates any of the provisions | ||||||
14 | of Section 11-17 of
this Act commits keeping a place of | ||||||
15 | juvenile prostitution when any person engaged in prostitution
| ||||||
16 | prostitute in the place of prostitution is under 18 17 years of | ||||||
17 | age or is a severely or profoundly mentally retarded person . | ||||||
18 | (b) If the accused did not have a reasonable opportunity to | ||||||
19 | observe the person, it It is an affirmative defense to a charge | ||||||
20 | of keeping a place of juvenile
prostitution that the accused | ||||||
21 | reasonably believed the person was of the age
of 18 17 years or | ||||||
22 | over or was not a severely or profoundly mentally retarded | ||||||
23 | person at the time of the act giving rise to the charge. | ||||||
24 | (c) Sentence. Keeping a place of juvenile prostitution is a | ||||||
25 | Class 1
felony. A person convicted of a second or subsequent |
| |||||||
| |||||||
1 | violation of this
Section , or of any combination of such number | ||||||
2 | of convictions under this Section and Sections 11-14, 11-14.1, | ||||||
3 | 11-15, 11-15.1, 11-16, 11-17, 11-18, 11-18.1, 11-19, 11-19.1, | ||||||
4 | or 11-19.2 of this Code, is guilty of a Class X felony. | ||||||
5 | (d) Forfeiture. Any person convicted under this Section is | ||||||
6 | subject to
the property forfeiture provisions set forth in | ||||||
7 | Article 124B of the Code of Criminal Procedure of 1963. | ||||||
8 | (Source: P.A. 95-95, eff. 1-1-08; 96-712, eff. 1-1-10.) | ||||||
9 | (720 ILCS 5/11-18) (from Ch. 38, par. 11-18) | ||||||
10 | Sec. 11-18. Patronizing a prostitute. | ||||||
11 | (a) Any person who performs any of the following acts with | ||||||
12 | a person
not his or her spouse commits the offense of | ||||||
13 | patronizing a prostitute: | ||||||
14 | (1) Engages in an act of sexual penetration as defined | ||||||
15 | in Section 12-12
of this Code with a prostitute; or | ||||||
16 | (2) Enters or remains in a place of prostitution with | ||||||
17 | intent to
engage in an act of sexual penetration as defined | ||||||
18 | in Section 12-12 of
this Code. | ||||||
19 | (b) Sentence. | ||||||
20 | Patronizing a prostitute is a Class 4 felony A misdemeanor .
| ||||||
21 | A person
convicted of a second or subsequent violation of this | ||||||
22 | Section, or
of any
combination of such number of convictions | ||||||
23 | under this Section and Sections
11-14, 11-14.1, 11-15, 11-15.1, | ||||||
24 | 11-16, 11-17, 11-17.1, 11-18.1 , and 11-19 , 11-19.1, or 11-19.2 | ||||||
25 | of this Code, is guilty of a Class 3 4
felony. When a person has |
| |||||||
| |||||||
1 | one or more prior convictions, the information or
indictment | ||||||
2 | charging that person shall state such prior convictions so as | ||||||
3 | to
give notice of the State's intention to treat the charge as | ||||||
4 | a felony. The fact
of such conviction is not an element of the | ||||||
5 | offense and may
not be disclosed
to the jury during trial | ||||||
6 | unless otherwise permitted by issues properly raised
during | ||||||
7 | such trial. | ||||||
8 | (c) A person who violates this Section within 1,000 feet of | ||||||
9 | real property
comprising a school commits a Class 3 4 felony. | ||||||
10 | (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 92-16, | ||||||
11 | eff.
6-28-01.) | ||||||
12 | (720 ILCS 5/11-18.1) (from Ch. 38, par. 11-18.1) | ||||||
13 | Sec. 11-18.1. Patronizing a minor engaged in prostitution | ||||||
14 | juvenile prostitute . (a) Any person who
engages in an act of | ||||||
15 | sexual penetration as defined in Section 12-12 of this
Code | ||||||
16 | with a person engaged in prostitution who is prostitute under | ||||||
17 | 18 17 years of age or is a severely or profoundly mentally | ||||||
18 | retarded person commits the offense of
patronizing a minor | ||||||
19 | engaged in prostitution juvenile prostitute . | ||||||
20 | (b) It is an affirmative defense to the charge of | ||||||
21 | patronizing a minor engaged in prostitution
juvenile | ||||||
22 | prostitute that the accused reasonably believed that the person
| ||||||
23 | was of the age of 18 17 years or over or was not a severely or | ||||||
24 | profoundly mentally retarded person at the time of the act | ||||||
25 | giving rise to
the charge. |
| |||||||
| |||||||
1 | (c) Sentence.
A person who commits patronizing a juvenile | ||||||
2 | prostitute is guilty of a Class 3 4 felony. A person convicted | ||||||
3 | of a second or subsequent violation of this Section, or of any | ||||||
4 | combination of such number of convictions under this Section | ||||||
5 | and Sections 11-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17, | ||||||
6 | 11-17.1, 11-18, 11-19, 11-19.1, or 11-19.2 of this Code, is | ||||||
7 | guilty of a Class 2 felony. The fact of such conviction is not | ||||||
8 | an element of the offense and may not be disclosed to the jury | ||||||
9 | during trial unless otherwise permitted by issues properly | ||||||
10 | raised during such trial.
A person who violates this Section | ||||||
11 | within 1,000 feet of real property comprising a school commits | ||||||
12 | a Class 2 felony. | ||||||
13 | (Source: P.A. 85-1447.) | ||||||
14 | (720 ILCS 5/11-19) (from Ch. 38, par. 11-19) | ||||||
15 | Sec. 11-19. Pimping. | ||||||
16 | (a) Any person who receives any money, property,
token,
| ||||||
17 | object, or article or anything of value from a prostitute or | ||||||
18 | from a person who patronizes a prostitute ,
not for a lawful | ||||||
19 | consideration, knowing it was earned or paid in whole or in | ||||||
20 | part
from or for the practice of prostitution, commits pimping. | ||||||
21 | The foregoing shall not apply to a person engaged in | ||||||
22 | prostitution who is under 18 years of age. A person cannot be | ||||||
23 | convicted of pimping under this Section if the practice of | ||||||
24 | prostitution underlying such offense consists exclusively of | ||||||
25 | the accused's own acts of prostitution under Section 11-14 of |
| |||||||
| |||||||
1 | this Code. | ||||||
2 | (b) Sentence. | ||||||
3 | Pimping is a Class 4 felony A misdemeanor .
A person | ||||||
4 | convicted of a second or subsequent violation of this
Section,
| ||||||
5 | or of any combination of such number of convictions under this | ||||||
6 | Section and
Sections 11-14, 11-14.1, 11-15, 11-15.1, 11-16, | ||||||
7 | 11-17, 11-17.1, 11-18 , and 11-18.1 , 11-19.1, or 11-19.2 of this | ||||||
8 | Code is guilty of a
Class 3 4 felony. When a person has one or | ||||||
9 | more prior
convictions, the information or indictment charging | ||||||
10 | that person shall state
such prior conviction so as to give | ||||||
11 | notice of the State's
intention to
treat the charge as a | ||||||
12 | felony. The fact of such conviction
is not an
element of the | ||||||
13 | offense and may not be disclosed to the jury during trial
| ||||||
14 | unless otherwise permitted by issues properly raised during | ||||||
15 | such trial. | ||||||
16 | (c) A person who violates this Section within 1,000 feet of | ||||||
17 | real property
comprising a school commits a Class 3 4 felony. | ||||||
18 | (Source: P.A. 91-274, eff. 1-1-00; 91-498, eff. 1-1-00; 91-696, | ||||||
19 | eff.
4-13-00.) | ||||||
20 | (720 ILCS 5/11-19.1) (from Ch. 38, par. 11-19.1) | ||||||
21 | Sec. 11-19.1. Juvenile Pimping and aggravated juvenile | ||||||
22 | pimping. | ||||||
23 | (a) A person commits the offense of juvenile pimping if the | ||||||
24 | person knowingly receives any form of consideration derived | ||||||
25 | from the practice of prostitution, in whole or in part, and |
| |||||||
| |||||||
1 | (1) the prostituted person prostitute was under the age | ||||||
2 | of 18 17 at the time the act of prostitution occurred; or | ||||||
3 | (2) the prostitute was a severely or profoundly | ||||||
4 | mentally retarded person at the time the act of | ||||||
5 | prostitution occurred. | ||||||
6 | (b) A person commits the offense of aggravated juvenile | ||||||
7 | pimping if the person knowingly receives any form of | ||||||
8 | consideration derived from the practice of prostitution, in | ||||||
9 | whole or in part, and the prostituted person prostitute was | ||||||
10 | under the age of 13 at the time the act of prostitution | ||||||
11 | occurred.
| ||||||
12 | (c) If the accused did not have a reasonable opportunity to | ||||||
13 | observe the prostituted person, it It is an affirmative defense | ||||||
14 | to a charge of juvenile pimping that
the accused reasonably | ||||||
15 | believed the person was of the age of 18 17
years or over or was | ||||||
16 | not a severely or profoundly
mentally retarded person at the | ||||||
17 | time of the act giving rise to the charge. | ||||||
18 | (d) Sentence. | ||||||
19 | A person who commits a violation of subsection (a) is | ||||||
20 | guilty of a Class 1 felony. A person convicted of a second or | ||||||
21 | subsequent violation of this Section, or of any combination of | ||||||
22 | such number of convictions under this Section and Sections | ||||||
23 | 11-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
24 | 11-18.1, 11-19, or 11-19.2 of this Code, is guilty of a Class X | ||||||
25 | felony. A person who commits a violation of subsection (b) is | ||||||
26 | guilty of a Class X felony.
|
| |||||||
| |||||||
1 | (e) For the purposes of this Section, "prostituted person" | ||||||
2 | means any person who engages in, or agrees or offers to engage | ||||||
3 | in, any act of sexual penetration as defined in Section 12-12 | ||||||
4 | of this Code for any money, property, token, object, or article | ||||||
5 | or anything of value, or any touching or fondling of the sex | ||||||
6 | organs of one person by another person, for any money, | ||||||
7 | property, token, object, or article or anything of value, for | ||||||
8 | the purpose of sexual arousal or gratification. | ||||||
9 | (Source: P.A. 95-95, eff. 1-1-08.) | ||||||
10 | (720 ILCS 5/11-19.2) (from Ch. 38, par. 11-19.2) | ||||||
11 | Sec. 11-19.2. Exploitation of a child. | ||||||
12 | (A) A person commits exploitation
of a child when he or she | ||||||
13 | confines a child under the age of 18 16 or a severely or | ||||||
14 | profoundly mentally retarded person against his
or her will by | ||||||
15 | the infliction or threat of imminent infliction of great
bodily | ||||||
16 | harm, permanent disability or disfigurement or by | ||||||
17 | administering to
the child or severely or profoundly mentally
| ||||||
18 | retarded person without his or her consent or by threat or | ||||||
19 | deception and for
other
than medical purposes, any alcoholic | ||||||
20 | intoxicant or a drug as defined in
the Illinois Controlled | ||||||
21 | Substances Act or the Cannabis Control Act or methamphetamine | ||||||
22 | as defined in the Methamphetamine Control and Community | ||||||
23 | Protection Act and: | ||||||
24 | (1) compels the child or severely or profoundly
| ||||||
25 | mentally retarded person to engage in prostitution become a |
| |||||||
| |||||||
1 | prostitute ; or | ||||||
2 | (2) arranges a situation in which the child or
severely | ||||||
3 | or profoundly mentally retarded person may practice | ||||||
4 | prostitution; or | ||||||
5 | (3) receives any money, property, token, object, or | ||||||
6 | article or
anything of
value from the child or severely or | ||||||
7 | profoundly mentally retarded person knowing
it was | ||||||
8 | obtained
in whole or in part from the practice of | ||||||
9 | prostitution. | ||||||
10 | (B) For purposes of this Section, administering drugs, as | ||||||
11 | defined in
subsection
(A), or an alcoholic intoxicant to a | ||||||
12 | child under the age of 13 or a severely or profoundly mentally | ||||||
13 | retarded person shall be
deemed to be without consent if such | ||||||
14 | administering is done without the consent
of the parents or | ||||||
15 | legal guardian or if such administering is performed by the | ||||||
16 | parents or legal guardians for other than medical purposes . | ||||||
17 | (C) Exploitation of a child is a Class X felony, for which | ||||||
18 | the person shall be sentenced to a term of imprisonment of not | ||||||
19 | less than 6 years and not more than 60 years. | ||||||
20 | (D) Any person convicted under this Section is subject to | ||||||
21 | the property
forfeiture provisions set forth in Article 124B of | ||||||
22 | the Code of Criminal Procedure of 1963. | ||||||
23 | (Source: P.A. 95-640, eff. 6-1-08; 96-712, eff. 1-1-10.) | ||||||
24 | (720 ILCS 5/11-19.3 new) | ||||||
25 | Sec. 11-19.3. Vehicle impoundment. |
| |||||||
| |||||||
1 | (a) In addition to any other penalty provided by law, a | ||||||
2 | peace officer who arrests a person for a violation of Section | ||||||
3 | 10-9, 10-14, 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, | ||||||
4 | 11-18, 11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code, may | ||||||
5 | tow and impound any vehicle used by the person in the | ||||||
6 | commission of the offense. The person arrested for one or more | ||||||
7 | such violations shall be charged a $1,000 fee, to be paid to | ||||||
8 | the unit of government that made the arrest. The person may | ||||||
9 | recover the vehicle from the impound after a minimum of 2 hours | ||||||
10 | after arrest upon payment of the fee. | ||||||
11 | (b) $500 of the fee shall be distributed to the unit of | ||||||
12 | government whose peace officers made the arrest, for the costs | ||||||
13 | incurred by the unit of government to tow and impound the | ||||||
14 | vehicle. Upon the defendant's conviction of one or more of the | ||||||
15 | offenses in connection with which the vehicle was impounded and | ||||||
16 | the fee imposed under this Section, the remaining $500 of the | ||||||
17 | fee shall be deposited into the Violent Crime Victims | ||||||
18 | Assistance Fund and shall be used by the Department of Human | ||||||
19 | Services to make grants to non-governmental organizations to | ||||||
20 | provide services for persons encountered during the course of | ||||||
21 | an investigation into any violation of Section 10-9, 11-14, | ||||||
22 | 11-14.1, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, | ||||||
23 | 11-18.1, 11-19, 11-19.1, or 11-19.2 of this Code, provided such | ||||||
24 | persons constitute prostituted persons or other victims of | ||||||
25 | human trafficking. | ||||||
26 | (c) Upon the presentation by the defendant of a signed |
| |||||||
| |||||||
1 | court order showing that the defendant has been acquitted of | ||||||
2 | all of the offenses in connection with which a vehicle was | ||||||
3 | impounded and a fee imposed under this Section, or that the | ||||||
4 | charges against the defendant for those offenses have been | ||||||
5 | dismissed, the unit of government shall refund the $1,000 fee | ||||||
6 | to the defendant. | ||||||
7 | (720 ILCS 5/14-3) | ||||||
8 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
9 | exempt from the provisions of this Article: | ||||||
10 | (a) Listening to radio, wireless and television | ||||||
11 | communications of
any sort where the same are publicly made; | ||||||
12 | (b) Hearing conversation when heard by employees of any | ||||||
13 | common
carrier by wire incidental to the normal course of their | ||||||
14 | employment in
the operation, maintenance or repair of the | ||||||
15 | equipment of such common
carrier by wire so long as no | ||||||
16 | information obtained thereby is used or
divulged by the hearer; | ||||||
17 | (c) Any broadcast by radio, television or otherwise whether | ||||||
18 | it be a
broadcast or recorded for the purpose of later | ||||||
19 | broadcasts of any
function where the public is in attendance | ||||||
20 | and the conversations are
overheard incidental to the main | ||||||
21 | purpose for which such broadcasts are
then being made; | ||||||
22 | (d) Recording or listening with the aid of any device to | ||||||
23 | any
emergency communication made in the normal course of | ||||||
24 | operations by any
federal, state or local law enforcement | ||||||
25 | agency or institutions dealing
in emergency services, |
| |||||||
| |||||||
1 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
2 | services, fire fighting agencies, any public utility,
| ||||||
3 | emergency repair facility, civilian defense establishment or | ||||||
4 | military
installation; | ||||||
5 | (e) Recording the proceedings of any meeting required to be | ||||||
6 | open by
the Open Meetings Act, as amended; | ||||||
7 | (f) Recording or listening with the aid of any device to | ||||||
8 | incoming
telephone calls of phone lines publicly listed or | ||||||
9 | advertised as consumer
"hotlines" by manufacturers or | ||||||
10 | retailers of food and drug products. Such
recordings must be | ||||||
11 | destroyed, erased or turned over to local law
enforcement | ||||||
12 | authorities within 24 hours from the time of such recording and
| ||||||
13 | shall not be otherwise disseminated. Failure on the part of the | ||||||
14 | individual
or business operating any such recording or | ||||||
15 | listening device to comply with
the requirements of this | ||||||
16 | subsection shall eliminate any civil or criminal
immunity | ||||||
17 | conferred upon that individual or business by the operation of
| ||||||
18 | this Section; | ||||||
19 | (g) With prior notification to the State's Attorney of the
| ||||||
20 | county in which
it is to occur, recording or listening with the | ||||||
21 | aid of any device to any
conversation
where a law enforcement | ||||||
22 | officer, or any person acting at the direction of law
| ||||||
23 | enforcement, is a party to the conversation and has consented | ||||||
24 | to it being
intercepted or recorded under circumstances where | ||||||
25 | the use of the device is
necessary for the protection of the | ||||||
26 | law enforcement officer or any person
acting at the direction |
| |||||||
| |||||||
1 | of law enforcement, in the course of an
investigation
of a | ||||||
2 | forcible felony, a felony offense of involuntary servitude, | ||||||
3 | involuntary sexual servitude of a minor, or trafficking in | ||||||
4 | persons for forced labor or services under Section 10-9 of this | ||||||
5 | Code, an offense involving prostitution, solicitation of a | ||||||
6 | sexual act, or pandering, a felony violation of the Illinois | ||||||
7 | Controlled Substances
Act, a felony violation of the Cannabis | ||||||
8 | Control Act, a felony violation of the Methamphetamine Control | ||||||
9 | and Community Protection Act, any "streetgang
related" or | ||||||
10 | "gang-related" felony as those terms are defined in the | ||||||
11 | Illinois
Streetgang Terrorism Omnibus Prevention Act, or any | ||||||
12 | felony offense involving any weapon listed in paragraphs (1) | ||||||
13 | through (11) of subsection (a) of Section 24-1 of this Code.
| ||||||
14 | Any recording or evidence derived
as the
result of this | ||||||
15 | exemption shall be inadmissible in any proceeding, criminal,
| ||||||
16 | civil or
administrative, except (i) where a party to the | ||||||
17 | conversation suffers great
bodily injury or is killed during | ||||||
18 | such conversation, or
(ii)
when used as direct impeachment of a | ||||||
19 | witness concerning matters contained in
the interception or | ||||||
20 | recording. The Director of the
Department of
State Police shall | ||||||
21 | issue regulations as are necessary concerning the use of
| ||||||
22 | devices, retention of tape recordings, and reports regarding | ||||||
23 | their
use; | ||||||
24 | (g-5) With approval of the State's Attorney of the county | ||||||
25 | in
which it is to occur, recording or listening with the aid of | ||||||
26 | any device to any
conversation where a law enforcement officer, |
| |||||||
| |||||||
1 | or any person acting at the
direction of law enforcement, is a | ||||||
2 | party to the conversation and has consented
to it being | ||||||
3 | intercepted or recorded in the course of an investigation of | ||||||
4 | any
offense defined in Article 29D of this Code.
In all such | ||||||
5 | cases, an application for an order approving
the previous or | ||||||
6 | continuing use of an eavesdropping
device must be made within | ||||||
7 | 48 hours of the commencement of
such use. In the absence of | ||||||
8 | such an order, or upon its denial,
any continuing use shall | ||||||
9 | immediately terminate.
The Director of
State Police shall issue | ||||||
10 | rules as are necessary concerning the use of
devices, retention | ||||||
11 | of tape recordings, and reports regarding their use. | ||||||
12 | Any recording or evidence obtained or derived in the course | ||||||
13 | of an
investigation of any offense defined in Article 29D of | ||||||
14 | this Code shall, upon
motion of the State's Attorney or | ||||||
15 | Attorney General prosecuting any violation of
Article 29D, be | ||||||
16 | reviewed in camera with notice to all parties present by the
| ||||||
17 | court presiding over the criminal
case, and, if ruled by the | ||||||
18 | court to be relevant and otherwise admissible,
it shall be | ||||||
19 | admissible at the trial of the criminal
case. | ||||||
20 | This subsection (g-5) is inoperative on and after January | ||||||
21 | 1, 2005.
No conversations recorded or monitored pursuant to | ||||||
22 | this subsection (g-5)
shall be inadmissible in a court of law | ||||||
23 | by virtue of the repeal of this
subsection (g-5) on January 1, | ||||||
24 | 2005; | ||||||
25 | (g-6) With approval of the State's Attorney of the county | ||||||
26 | in which it is to occur, recording or listening with the aid of |
| |||||||
| |||||||
1 | any device to any conversation where a law enforcement officer, | ||||||
2 | or any person acting at the direction of law enforcement, is a | ||||||
3 | party to the conversation and has consented to it being | ||||||
4 | intercepted or recorded in the course of an investigation of | ||||||
5 | involuntary servitude, involuntary sexual servitude of a | ||||||
6 | minor, trafficking in persons for forced labor or services, | ||||||
7 | child pornography, aggravated child pornography, indecent | ||||||
8 | solicitation of a child, child abduction, luring of a minor, | ||||||
9 | sexual exploitation of a child, predatory criminal sexual | ||||||
10 | assault of a child, aggravated criminal sexual abuse in which | ||||||
11 | the victim of the offense was at the time of the commission of | ||||||
12 | the offense under 18 years of age, criminal sexual abuse by | ||||||
13 | force or threat of force in which the victim of the offense was | ||||||
14 | at the time of the commission of the offense under 18 years of | ||||||
15 | age, or aggravated criminal sexual assault in which the victim | ||||||
16 | of the offense was at the time of the commission of the offense | ||||||
17 | under 18 years of age. In all such cases, an application for an | ||||||
18 | order approving the previous or continuing use of an | ||||||
19 | eavesdropping device must be made within 48 hours of the | ||||||
20 | commencement of such use. In the absence of such an order, or | ||||||
21 | upon its denial, any continuing use shall immediately | ||||||
22 | terminate. The Director of State Police shall issue rules as | ||||||
23 | are necessary concerning the use of devices, retention of | ||||||
24 | recordings, and reports regarding their use.
Any recording or | ||||||
25 | evidence obtained or derived in the course of an investigation | ||||||
26 | of involuntary servitude, involuntary sexual servitude of a |
| |||||||
| |||||||
1 | minor, trafficking in persons for forced labor or services, | ||||||
2 | child pornography, aggravated child pornography, indecent | ||||||
3 | solicitation of a child, child abduction, luring of a minor, | ||||||
4 | sexual exploitation of a child, predatory criminal sexual | ||||||
5 | assault of a child, aggravated criminal sexual abuse in which | ||||||
6 | the victim of the offense was at the time of the commission of | ||||||
7 | the offense under 18 years of age, criminal sexual abuse by | ||||||
8 | force or threat of force in which the victim of the offense was | ||||||
9 | at the time of the commission of the offense under 18 years of | ||||||
10 | age, or aggravated criminal sexual assault in which the victim | ||||||
11 | of the offense was at the time of the commission of the offense | ||||||
12 | under 18 years of age shall, upon motion of the State's | ||||||
13 | Attorney or Attorney General prosecuting any case involving | ||||||
14 | involuntary servitude, involuntary sexual servitude of a | ||||||
15 | minor, trafficking in persons for forced labor or services, | ||||||
16 | child pornography, aggravated child pornography, indecent | ||||||
17 | solicitation of a child, child abduction, luring of a minor, | ||||||
18 | sexual exploitation of a child, predatory criminal sexual | ||||||
19 | assault of a child, aggravated criminal sexual abuse in which | ||||||
20 | the victim of the offense was at the time of the commission of | ||||||
21 | the offense under 18 years of age, criminal sexual abuse by | ||||||
22 | force or threat of force in which the victim of the offense was | ||||||
23 | at the time of the commission of the offense under 18 years of | ||||||
24 | age, or aggravated criminal sexual assault in which the victim | ||||||
25 | of the offense was at the time of the commission of the offense | ||||||
26 | under 18 years of age, be reviewed in camera with notice to all |
| |||||||
| |||||||
1 | parties present by the court presiding over the criminal case, | ||||||
2 | and, if ruled by the court to be relevant and otherwise | ||||||
3 | admissible, it shall be admissible at the trial of the criminal | ||||||
4 | case. Absent such a ruling, any such recording or evidence | ||||||
5 | shall not be admissible at the trial of the criminal case; | ||||||
6 | (h) Recordings made simultaneously with the use of an | ||||||
7 | in-car video camera recording of an oral
conversation between a | ||||||
8 | uniformed peace officer, who has identified his or her office, | ||||||
9 | and
a person in the presence of the peace officer whenever (i) | ||||||
10 | an officer assigned a patrol vehicle is conducting an | ||||||
11 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
12 | activated or would otherwise be activated if not for the need | ||||||
13 | to conceal the presence of law enforcement. | ||||||
14 | For the purposes of this subsection (h), "enforcement stop" | ||||||
15 | means an action by a law enforcement officer in relation to | ||||||
16 | enforcement and investigation duties, including but not | ||||||
17 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
18 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
19 | roadside safety checks, requests for identification, or | ||||||
20 | responses to requests for emergency assistance; | ||||||
21 | (h-5) Recordings of utterances made by a person while in | ||||||
22 | the presence of a uniformed peace officer and while an occupant | ||||||
23 | of a police vehicle including, but not limited to, (i) | ||||||
24 | recordings made simultaneously with the use of an in-car video | ||||||
25 | camera and (ii) recordings made in the presence of the peace | ||||||
26 | officer utilizing video or audio systems, or both, authorized |
| |||||||
| |||||||
1 | by the law enforcement agency; | ||||||
2 | (h-10) Recordings made simultaneously with a video camera | ||||||
3 | recording during
the use of a taser or similar weapon or device | ||||||
4 | by a peace officer if the weapon or device is equipped with | ||||||
5 | such camera; | ||||||
6 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
7 | (h-10) shall be retained by the law enforcement agency that | ||||||
8 | employs the peace officer who made the recordings for a storage | ||||||
9 | period of 90 days, unless the recordings are made as a part of | ||||||
10 | an arrest or the recordings are deemed evidence in any | ||||||
11 | criminal, civil, or administrative proceeding and then the | ||||||
12 | recordings must only be destroyed upon a final disposition and | ||||||
13 | an order from the court. Under no circumstances shall any | ||||||
14 | recording be altered or erased prior to the expiration of the | ||||||
15 | designated storage period. Upon completion of the storage | ||||||
16 | period, the recording medium may be erased and reissued for | ||||||
17 | operational use; | ||||||
18 | (i) Recording of a conversation made by or at the request | ||||||
19 | of a person, not a
law enforcement officer or agent of a law | ||||||
20 | enforcement officer, who is a party
to the conversation, under | ||||||
21 | reasonable suspicion that another party to the
conversation is | ||||||
22 | committing, is about to commit, or has committed a criminal
| ||||||
23 | offense against the person or a member of his or her immediate | ||||||
24 | household, and
there is reason to believe that evidence of the | ||||||
25 | criminal offense may be
obtained by the recording; | ||||||
26 | (j) The use of a telephone monitoring device by either (1) |
| |||||||
| |||||||
1 | a
corporation or other business entity engaged in marketing or | ||||||
2 | opinion research
or (2) a corporation or other business entity | ||||||
3 | engaged in telephone
solicitation, as
defined in this | ||||||
4 | subsection, to record or listen to oral telephone solicitation
| ||||||
5 | conversations or marketing or opinion research conversations | ||||||
6 | by an employee of
the corporation or other business entity | ||||||
7 | when: | ||||||
8 | (i) the monitoring is used for the purpose of service | ||||||
9 | quality control of
marketing or opinion research or | ||||||
10 | telephone solicitation, the education or
training of | ||||||
11 | employees or contractors
engaged in marketing or opinion | ||||||
12 | research or telephone solicitation, or internal
research | ||||||
13 | related to marketing or
opinion research or telephone
| ||||||
14 | solicitation; and | ||||||
15 | (ii) the monitoring is used with the consent of at | ||||||
16 | least one person who
is an active party to the marketing or | ||||||
17 | opinion research conversation or
telephone solicitation | ||||||
18 | conversation being
monitored. | ||||||
19 | No communication or conversation or any part, portion, or | ||||||
20 | aspect of the
communication or conversation made, acquired, or | ||||||
21 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
22 | be, directly or indirectly, furnished to any law
enforcement | ||||||
23 | officer, agency, or official for any purpose or used in any | ||||||
24 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
25 | any administrative,
judicial, or other proceeding, or divulged | ||||||
26 | to any third party. |
| |||||||
| |||||||
1 | When recording or listening authorized by this subsection | ||||||
2 | (j) on telephone
lines used for marketing or opinion research | ||||||
3 | or telephone solicitation purposes
results in recording or
| ||||||
4 | listening to a conversation that does not relate to marketing | ||||||
5 | or opinion
research or telephone solicitation; the
person | ||||||
6 | recording or listening shall, immediately upon determining | ||||||
7 | that the
conversation does not relate to marketing or opinion | ||||||
8 | research or telephone
solicitation, terminate the recording
or | ||||||
9 | listening and destroy any such recording as soon as is | ||||||
10 | practicable. | ||||||
11 | Business entities that use a telephone monitoring or | ||||||
12 | telephone recording
system pursuant to this exemption (j) shall | ||||||
13 | provide current and prospective
employees with notice that the | ||||||
14 | monitoring or recordings may occur during the
course of their | ||||||
15 | employment. The notice shall include prominent signage
| ||||||
16 | notification within the workplace. | ||||||
17 | Business entities that use a telephone monitoring or | ||||||
18 | telephone recording
system pursuant to this exemption (j) shall | ||||||
19 | provide their employees or agents
with access to personal-only | ||||||
20 | telephone lines which may be pay telephones, that
are not | ||||||
21 | subject to telephone monitoring or telephone recording. | ||||||
22 | For the purposes of this subsection (j), "telephone | ||||||
23 | solicitation" means a
communication through the use of a | ||||||
24 | telephone by live operators: | ||||||
25 | (i) soliciting the sale of goods or services; | ||||||
26 | (ii) receiving orders for the sale of goods or |
| |||||||
| |||||||
1 | services; | ||||||
2 | (iii) assisting in the use of goods or services; or | ||||||
3 | (iv) engaging in the solicitation, administration, or | ||||||
4 | collection of bank
or
retail credit accounts. | ||||||
5 | For the purposes of this subsection (j), "marketing or | ||||||
6 | opinion research"
means
a marketing or opinion research | ||||||
7 | interview conducted by a live telephone
interviewer engaged by | ||||||
8 | a corporation or other business entity whose principal
business | ||||||
9 | is the design, conduct, and analysis of polls and surveys | ||||||
10 | measuring
the
opinions, attitudes, and responses of | ||||||
11 | respondents toward products and services,
or social or | ||||||
12 | political issues, or both; | ||||||
13 | (k) Electronic recordings, including but not limited to, a | ||||||
14 | motion picture,
videotape, digital, or other visual or audio | ||||||
15 | recording, made of a custodial
interrogation of an individual | ||||||
16 | at a police station or other place of detention
by a law | ||||||
17 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
18 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
19 | Procedure of 1963; | ||||||
20 | (l) Recording the interview or statement of any person when | ||||||
21 | the person
knows that the interview is being conducted by a law | ||||||
22 | enforcement officer or
prosecutor and the interview takes place | ||||||
23 | at a police station that is currently
participating in the | ||||||
24 | Custodial Interview Pilot Program established under the
| ||||||
25 | Illinois Criminal Justice Information Act; | ||||||
26 | (m) An electronic recording, including but not limited to, |
| |||||||
| |||||||
1 | a motion picture,
videotape, digital, or other visual or audio | ||||||
2 | recording, made of the interior of a school bus while the | ||||||
3 | school bus is being used in the transportation of students to | ||||||
4 | and from school and school-sponsored activities, when the | ||||||
5 | school board has adopted a policy authorizing such recording, | ||||||
6 | notice of such recording policy is included in student | ||||||
7 | handbooks and other documents including the policies of the | ||||||
8 | school, notice of the policy regarding recording is provided to | ||||||
9 | parents of students, and notice of such recording is clearly | ||||||
10 | posted on the door of and inside the school bus.
| ||||||
11 | Recordings made pursuant to this subsection (m) shall be | ||||||
12 | confidential records and may only be used by school officials | ||||||
13 | (or their designees) and law enforcement personnel for | ||||||
14 | investigations, school disciplinary actions and hearings, | ||||||
15 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
16 | prosecutions, related to incidents occurring in or around the | ||||||
17 | school bus; | ||||||
18 | (n)
Recording or listening to an audio transmission from a | ||||||
19 | microphone placed by a person under the authority of a law | ||||||
20 | enforcement agency inside a bait car surveillance vehicle while | ||||||
21 | simultaneously capturing a photographic or video image; and | ||||||
22 | (o) The use of an eavesdropping camera or audio device | ||||||
23 | during an ongoing hostage or barricade situation by a law | ||||||
24 | enforcement officer or individual acting on behalf of a law | ||||||
25 | enforcement officer when the use of such device is necessary to | ||||||
26 | protect the safety of the general public, hostages, or law |
| |||||||
| |||||||
1 | enforcement officers or anyone acting on their behalf. | ||||||
2 | (Source: P.A. 95-258, eff. 1-1-08; 95-352, eff. 8-23-07; | ||||||
3 | 95-463, eff. 6-1-08; 95-876, eff. 8-21-08; 96-425, eff. | ||||||
4 | 8-13-09; 96-547, eff. 1-1-10; 96-643, eff. 1-1-10; 96-670, eff. | ||||||
5 | 8-25-09; revised 10-9-09.) | ||||||
6 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by changing Section 108B-3 as follows: | ||||||
8 | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | ||||||
9 | Sec. 108B-3. Authorization for the interception of private
| ||||||
10 | communication. | ||||||
11 | (a) The State's Attorney, or a person
designated in writing | ||||||
12 | or
by law to act for him and to perform his duties during his | ||||||
13 | absence or
disability, may authorize, in writing, an ex parte | ||||||
14 | application to the chief
judge of a court of competent | ||||||
15 | jurisdiction for an order authorizing the
interception of a | ||||||
16 | private communication when no
party has consented to
the | ||||||
17 | interception and (i) the interception may provide evidence of, | ||||||
18 | or may
assist in the apprehension of a person who has | ||||||
19 | committed, is committing or
is about to commit, a violation of | ||||||
20 | Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation | ||||||
21 | of murder for hire), 9-1 (first degree murder), 10-9 | ||||||
22 | (involuntary servitude, involuntary sexual servitude of a | ||||||
23 | minor, or trafficking in persons for forced labor or services), | ||||||
24 | 11-15.1 (soliciting for a minor engaged in prostitution), 11-16 |
| |||||||
| |||||||
1 | (pandering), 11-17.1 (keeping a place of juvenile | ||||||
2 | prostitution), 11-18.1 (patronizing a minor engaged in | ||||||
3 | prostitution), 11-19.1 (juvenile pimping and aggravated | ||||||
4 | juvenile pimping), or 29B-1
(money laundering) of the Criminal | ||||||
5 | Code of 1961,
Section 401, 401.1 (controlled substance
| ||||||
6 | trafficking), 405, 405.1 (criminal drug conspiracy) or 407 of | ||||||
7 | the Illinois
Controlled Substances Act or any Section of the | ||||||
8 | Methamphetamine Control and Community Protection Act, a | ||||||
9 | violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, | ||||||
10 | 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
| ||||||
11 | 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the | ||||||
12 | Criminal Code of 1961
or conspiracy to commit money laundering | ||||||
13 | or
conspiracy to commit first degree murder; (ii)
in response | ||||||
14 | to a clear and present danger of imminent death or great bodily
| ||||||
15 | harm to persons resulting from: (1) a kidnapping or the holding | ||||||
16 | of a
hostage by force or the threat of the imminent use of | ||||||
17 | force; or (2) the
occupation by force or the threat of the | ||||||
18 | imminent use of force of any
premises, place, vehicle, vessel | ||||||
19 | or aircraft; (iii) to aid an investigation
or prosecution of a | ||||||
20 | civil action brought under the Illinois Streetgang
Terrorism | ||||||
21 | Omnibus Prevention Act when there is probable cause to
believe | ||||||
22 | the
interception of the private communication will
provide | ||||||
23 | evidence that a
streetgang is committing, has committed, or | ||||||
24 | will commit a second or subsequent
gang-related offense or that | ||||||
25 | the interception of the private
communication
will aid in the | ||||||
26 | collection of a judgment entered under that Act; or (iv)
upon
|
| |||||||
| |||||||
1 | information and belief that a streetgang has committed, is | ||||||
2 | committing, or is
about to commit a felony. | ||||||
3 | (b) The State's Attorney or a person designated in writing | ||||||
4 | or by law to
act for the State's Attorney and to perform his or | ||||||
5 | her duties during his or her
absence or disability, may | ||||||
6 | authorize, in writing, an ex parte application to
the chief | ||||||
7 | judge of a circuit court for an order authorizing
the | ||||||
8 | interception of a private communication when no
party has | ||||||
9 | consented to the interception and the interception may provide
| ||||||
10 | evidence of, or may assist in the apprehension of a person who | ||||||
11 | has committed,
is committing or is about to commit, a violation | ||||||
12 | of an offense under Article
29D of the Criminal Code of 1961. | ||||||
13 | (b-1) Subsection (b) is inoperative on and after January 1, | ||||||
14 | 2005. | ||||||
15 | (b-2) No conversations recorded or monitored pursuant to | ||||||
16 | subsection (b)
shall be made inadmissible in a court of law by | ||||||
17 | virtue of subsection (b-1). | ||||||
18 | (c) As used in this Section, "streetgang" and | ||||||
19 | "gang-related" have the
meanings ascribed to them in Section 10 | ||||||
20 | of the Illinois Streetgang Terrorism
Omnibus Prevention Act. | ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10.)
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|