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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 5. The Criminal Code of 1961 is amended by changing | ||||||||||||||||||||||||
5 | Sections 3-6, 10-9, and 36.5-5 as follows:
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6 | (720 ILCS 5/3-6) (from Ch. 38, par. 3-6)
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7 | Sec. 3-6. Extended limitations. The period within which a | ||||||||||||||||||||||||
8 | prosecution
must be commenced under the provisions of Section | ||||||||||||||||||||||||
9 | 3-5 or other applicable
statute is extended under the following | ||||||||||||||||||||||||
10 | conditions:
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11 | (a) A prosecution for theft involving a breach of a | ||||||||||||||||||||||||
12 | fiduciary obligation
to the aggrieved person may be commenced | ||||||||||||||||||||||||
13 | as follows:
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14 | (1) If the aggrieved person is a minor or a person | ||||||||||||||||||||||||
15 | under legal disability,
then during the minority or legal | ||||||||||||||||||||||||
16 | disability or within one year after the
termination | ||||||||||||||||||||||||
17 | thereof.
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18 | (2) In any other instance, within one year after the | ||||||||||||||||||||||||
19 | discovery of the
offense by an aggrieved person, or by a | ||||||||||||||||||||||||
20 | person who has legal capacity to
represent an aggrieved | ||||||||||||||||||||||||
21 | person or has a legal duty to report the offense,
and is | ||||||||||||||||||||||||
22 | not himself or herself a party to the offense; or in the | ||||||||||||||||||||||||
23 | absence of such
discovery, within one year after the proper |
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1 | prosecuting officer becomes
aware of the offense. However, | ||||||
2 | in no such case is the period of limitation
so extended | ||||||
3 | more than 3 years beyond the expiration of the period | ||||||
4 | otherwise
applicable.
| ||||||
5 | (b) A prosecution for any offense based upon misconduct in | ||||||
6 | office by a
public officer or employee may be commenced within | ||||||
7 | one year after discovery
of the offense by a person having a | ||||||
8 | legal duty to report such offense, or
in the absence of such | ||||||
9 | discovery, within one year after the proper
prosecuting officer | ||||||
10 | becomes aware of the offense. However, in no such case
is the | ||||||
11 | period of limitation so extended more than 3 years beyond the
| ||||||
12 | expiration of the period otherwise applicable.
| ||||||
13 | (b-5) A prosecution for involuntary servitude, involuntary | ||||||
14 | sexual servitude of a minor, or trafficking in persons for | ||||||
15 | forced labor or services may be commenced within one year of | ||||||
16 | the victim attaining the age of 18 years. However, in no such | ||||||
17 | case shall the time period for prosecution expire sooner than 3 | ||||||
18 | years after the commission of the offense. | ||||||
19 | (c) (Blank).
| ||||||
20 | (d) A prosecution for child pornography, aggravated child | ||||||
21 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
22 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
23 | child, or promoting juvenile prostitution except for keeping a | ||||||
24 | place of juvenile prostitution may be commenced within one year | ||||||
25 | of the victim
attaining the age of 18 years. However, in no | ||||||
26 | such case shall the time
period for prosecution expire sooner |
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1 | than 3 years after the commission of
the offense. When the | ||||||
2 | victim is under 18 years of age, a prosecution for
criminal
| ||||||
3 | sexual abuse may be commenced within
one year of the victim | ||||||
4 | attaining the age of 18 years. However, in no such
case shall | ||||||
5 | the time period for prosecution expire sooner than 3 years | ||||||
6 | after
the commission of the offense.
| ||||||
7 | (e) Except as otherwise provided in subdivision (j), a | ||||||
8 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
9 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
10 | the defendant
was within a professional or fiduciary | ||||||
11 | relationship or a purported
professional or fiduciary | ||||||
12 | relationship with the victim at the
time of the commission of | ||||||
13 | the offense may be commenced within one year
after the | ||||||
14 | discovery of the offense by the victim.
| ||||||
15 | (f) A prosecution for any offense set forth in Section 44
| ||||||
16 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
17 | as amended,
may be commenced within 5 years after the discovery | ||||||
18 | of such
an offense by a person or agency having the legal duty | ||||||
19 | to report the
offense or in the absence of such discovery, | ||||||
20 | within 5 years
after the proper prosecuting officer becomes | ||||||
21 | aware of the offense.
| ||||||
22 | (f-5) A prosecution for any offense set forth in Section | ||||||
23 | 16-30 of this Code may be commenced within 5 years after the | ||||||
24 | discovery of the offense by the victim of that offense.
| ||||||
25 | (g) (Blank).
| ||||||
26 | (h) (Blank).
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1 | (i) Except as otherwise provided in subdivision (j), a | ||||||
2 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
3 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
4 | commenced within 10
years of the commission of the offense if | ||||||
5 | the victim reported the offense to
law enforcement authorities | ||||||
6 | within 3 years after the commission of the offense.
| ||||||
7 | Nothing in this subdivision (i) shall be construed to
| ||||||
8 | shorten a period within which a prosecution must be commenced | ||||||
9 | under any other
provision of this Section.
| ||||||
10 | (j) When the victim is under 18 years of age at the time of | ||||||
11 | the offense, a
prosecution
for criminal sexual assault, | ||||||
12 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
13 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
14 | criminal sexual abuse, or a
prosecution for failure of a person | ||||||
15 | who is required to report an alleged
or suspected commission of | ||||||
16 | any of these offenses under the Abused and Neglected
Child | ||||||
17 | Reporting Act may be
commenced within 20 years after the child | ||||||
18 | victim attains 18
years of age. When the victim is under 18 | ||||||
19 | years of age at the time of the offense, a
prosecution
for | ||||||
20 | misdemeanor criminal sexual abuse may be
commenced within 10 | ||||||
21 | years after the child victim attains 18
years of age.
| ||||||
22 | Nothing in this subdivision (j) shall be construed to
| ||||||
23 | shorten a period within which a prosecution must be commenced | ||||||
24 | under any other
provision of this Section.
| ||||||
25 | (k) A prosecution for theft involving real property | ||||||
26 | exceeding $100,000 in value under Section 16-1, identity theft |
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| |||||||
1 | under subsection (a) of Section 16-30, aggravated identity | ||||||
2 | theft under subsection (b) of Section 16-30, or any offense set | ||||||
3 | forth in Article 16H or Section 17-10.6 may be commenced within | ||||||
4 | 7 years of the last act committed in furtherance of the crime.
| ||||||
5 | (Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section | ||||||
6 | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. | ||||||
7 | 7-1-11; 97-597, eff. 1-1-12.) | ||||||
8 | (720 ILCS 5/10-9) | ||||||
9 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
10 | and related offenses. | ||||||
11 | (a) Definitions. In this Section: | ||||||
12 | (1) "Intimidation" has the meaning prescribed in | ||||||
13 | Section 12-6. | ||||||
14 | (2) "Commercial sexual activity" means any sex act on | ||||||
15 | account of which anything of value is given, promised to, | ||||||
16 | or received by any person.
| ||||||
17 | (3) "Financial harm" includes intimidation that brings | ||||||
18 | about financial loss, criminal usury, or employment | ||||||
19 | contracts that violate the Frauds Act. | ||||||
20 | (4) (Blank). "Forced labor or services" means labor or | ||||||
21 | services that are performed or provided by another person | ||||||
22 | and are obtained or maintained through: | ||||||
23 | (A) any scheme, plan, or pattern intending to cause | ||||||
24 | or threatening to cause serious harm to any person; | ||||||
25 | (B) an actor's physically restraining or |
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1 | threatening to physically restrain another person; | ||||||
2 | (C) an actor's abusing or threatening to abuse the | ||||||
3 | law or legal process; | ||||||
4 | (D) an actor's knowingly destroying, concealing, | ||||||
5 | removing, confiscating, or possessing any actual or | ||||||
6 | purported passport or other immigration document, or | ||||||
7 | any other actual or purported government | ||||||
8 | identification document, of another person; | ||||||
9 | (E) an actor's blackmail; or | ||||||
10 | (F) an actor's causing or threatening to cause | ||||||
11 | financial harm to or exerting financial control over | ||||||
12 | any person.
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13 | (5) "Labor" means work of economic or financial value. | ||||||
14 | (6) "Maintain" means, in relation to labor or services, | ||||||
15 | to secure continued performance thereof, regardless of any | ||||||
16 | initial agreement on the part of the victim to perform that | ||||||
17 | type of service. | ||||||
18 | (7) "Obtain" means, in relation to labor or services, | ||||||
19 | to secure performance thereof. | ||||||
20 | (7.5) "Serious harm" means any harm, whether physical | ||||||
21 | or nonphysical, including psychological, financial, or | ||||||
22 | reputational harm, that is sufficiently serious, under all | ||||||
23 | the surrounding circumstances, to compel a reasonable | ||||||
24 | person of the same background and in the same circumstances | ||||||
25 | to perform or to continue performing labor or services in | ||||||
26 | order to avoid incurring that harm. |
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1 | (8) "Services" means activities resulting from a | ||||||
2 | relationship between a person and the actor in which the | ||||||
3 | person performs activities under the supervision of or for | ||||||
4 | the benefit of the actor. Commercial sexual activity and | ||||||
5 | sexually-explicit performances are forms of activities | ||||||
6 | that are "services" under this Section. Nothing in this | ||||||
7 | definition may be construed to legitimize or legalize | ||||||
8 | prostitution. | ||||||
9 | (9) "Sexually-explicit performance" means a live, | ||||||
10 | recorded, broadcast (including over the Internet), or | ||||||
11 | public act or show intended to arouse or satisfy the sexual | ||||||
12 | desires or appeal to the prurient interests of patrons. | ||||||
13 | (10) "Trafficking victim" means a person subjected to | ||||||
14 | the practices set forth in subsection (b), (c), or (d). | ||||||
15 | (b) Involuntary servitude. A person commits the offense of | ||||||
16 | involuntary servitude when he or she knowingly subjects, | ||||||
17 | attempts to subject, or engages in a conspiracy to subject | ||||||
18 | another person to forced labor or services through any of the | ||||||
19 | following means, or any combination of these means and : | ||||||
20 | (1) causes or threatens to cause physical harm to any | ||||||
21 | person; | ||||||
22 | (2) physically restrains or threatens to physically | ||||||
23 | restrain another person; | ||||||
24 | (3) abuses or threatens to abuse the law or legal | ||||||
25 | process; | ||||||
26 | (4) knowingly destroys, conceals, removes, |
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1 | confiscates, or possesses any actual or purported passport | ||||||
2 | or other immigration document, or any other actual or | ||||||
3 | purported government identification document, of another | ||||||
4 | person; or | ||||||
5 | (5) uses intimidation , or uses or threatens to cause | ||||||
6 | financial harm to or exerts financial control over any | ||||||
7 | person ; or . | ||||||
8 | (6) uses a scheme, plan, or pattern intended to cause | ||||||
9 | the person to believe that, if the person did not perform | ||||||
10 | the labor or services, that person or another person would | ||||||
11 | suffer serious harm or physical restraint. | ||||||
12 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
13 | (f), a violation of subsection (b)(1) is a Class X felony, | ||||||
14 | (b)(2) is a Class 1 felony, (b)(3) is a Class 2 felony, (b)(4) | ||||||
15 | is a Class 3 felony, and (b)(5) , and (b)(6) is a Class 4 | ||||||
16 | felony. | ||||||
17 | (c) Involuntary sexual servitude of a minor. A person | ||||||
18 | commits the offense of involuntary sexual servitude of a minor | ||||||
19 | when he or she knowingly recruits, entices, harbors, | ||||||
20 | transports, provides, or obtains by any means, or attempts to | ||||||
21 | recruit, entice, harbor, provide, or obtain by any means, | ||||||
22 | another person under 18 years of age, knowing that the minor | ||||||
23 | will engage in commercial sexual activity, a sexually-explicit | ||||||
24 | performance, or the production of pornography, or causes or | ||||||
25 | attempts to cause a minor to engage in one or more of those | ||||||
26 | activities and: |
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| |||||||
1 | (1) there is no overt force or threat and the minor is | ||||||
2 | between the ages of 17 and 18 years; | ||||||
3 | (2) there is no overt force or threat and the minor is | ||||||
4 | under the age of 17 years; or | ||||||
5 | (3) there is overt force or threat. | ||||||
6 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
7 | (f), a violation of subsection (c)(1) is a Class 1 felony, | ||||||
8 | (c)(2) is a Class X felony, and (c)(3) is a Class X felony. | ||||||
9 | (d) Trafficking in persons for forced labor or services . A | ||||||
10 | person commits the offense of trafficking in persons for forced | ||||||
11 | labor or services when he or she knowingly: (1) recruits, | ||||||
12 | entices, harbors, transports, provides, or obtains by any | ||||||
13 | means, or attempts to recruit, entice, harbor, transport, | ||||||
14 | provide, or obtain by any means, another person, intending or | ||||||
15 | knowing that the person will be subjected to involuntary | ||||||
16 | servitude forced labor or services ; or (2) benefits, | ||||||
17 | financially or by receiving anything of value, from | ||||||
18 | participation in a venture that has engaged in an act of | ||||||
19 | involuntary servitude or involuntary sexual servitude of a | ||||||
20 | minor. | ||||||
21 | Sentence. Except as otherwise provided in subsection (e) or | ||||||
22 | (f), a violation of this subsection is a Class 1 felony. | ||||||
23 | (e) Aggravating factors. A violation of this Section | ||||||
24 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
25 | criminal sexual assault or an attempt to commit aggravated | ||||||
26 | criminal sexual assault, or an attempt to commit first degree |
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| |||||||
1 | murder is a Class X felony. | ||||||
2 | (f) Sentencing considerations. | ||||||
3 | (1) Bodily injury. If, pursuant to a violation of this | ||||||
4 | Section, a victim
suffered bodily injury, the defendant may | ||||||
5 | be sentenced to an extended-term sentence under Section | ||||||
6 | 5-8-2 of the Unified Code of Corrections. The sentencing | ||||||
7 | court must take into account the time in which the victim | ||||||
8 | was held in servitude, with increased penalties for cases | ||||||
9 | in which the victim was held for between 180 days and one | ||||||
10 | year, and increased penalties for cases in which the victim | ||||||
11 | was held for more than one year. | ||||||
12 | (2) Number of victims. In determining sentences within | ||||||
13 | statutory maximums, the sentencing court should take into | ||||||
14 | account the number of victims, and may provide for | ||||||
15 | substantially increased sentences in cases involving more | ||||||
16 | than 10 victims. | ||||||
17 | (g) Restitution. Restitution is mandatory under this | ||||||
18 | Section. In addition to any other amount of loss identified, | ||||||
19 | the court shall order restitution including the greater of (1) | ||||||
20 | the gross income or value to the defendant of the victim's | ||||||
21 | labor or services or (2) the value of the victim's labor as | ||||||
22 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
23 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
24 | whichever is greater. | ||||||
25 | (h) Trafficking victim services. Subject to the | ||||||
26 | availability of funds, the Department of Human Services may |
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| |||||||
1 | provide or fund emergency services and assistance to | ||||||
2 | individuals who are victims of one or more offenses defined in | ||||||
3 | this Section.
| ||||||
4 | (i) Certification. The Attorney General, a State's | ||||||
5 | Attorney, or any law enforcement official shall certify in | ||||||
6 | writing to the United States Department of Justice or other | ||||||
7 | federal agency, such as the United States Department of | ||||||
8 | Homeland Security, that an investigation or prosecution under | ||||||
9 | this Section has begun and the individual who is a likely | ||||||
10 | victim of a crime described in this Section is willing to | ||||||
11 | cooperate or is cooperating with the investigation to enable | ||||||
12 | the individual, if eligible under federal law, to qualify for | ||||||
13 | an appropriate special immigrant visa and to access available | ||||||
14 | federal benefits. Cooperation with law enforcement shall not be | ||||||
15 | required of victims of a crime described in this Section who | ||||||
16 | are under 18 years of age. This certification shall be made | ||||||
17 | available to the victim and his or her designated legal | ||||||
18 | representative. | ||||||
19 | (j) A person who commits the offense of involuntary | ||||||
20 | servitude, involuntary sexual servitude of a minor, or | ||||||
21 | trafficking in persons for forced labor or services under | ||||||
22 | subsection (b), (c), or (d) of this Section is subject to the | ||||||
23 | property forfeiture provisions set forth in Article 124B of the | ||||||
24 | Code of Criminal Procedure of 1963.
| ||||||
25 | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. | ||||||
26 | 1-1-10; 96-1000, eff. 7-2-10.) |
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1 | (720 ILCS 5/36.5-5) | ||||||
2 | Sec. 36.5-5. Vehicle impoundment. | ||||||
3 | (a) In addition to any other penalty , fee, or forfeiture | ||||||
4 | provided by law, a peace officer who arrests a person for a | ||||||
5 | violation of Section 10-9, 11-14 10-14 , 11-14.1, 11-14.3, | ||||||
6 | 11-14.4, 11-18, or 11-18.1 of this Code, or related municipal | ||||||
7 | ordinance, may tow and impound any vehicle used by the person | ||||||
8 | in the commission of the violation offense . The person arrested | ||||||
9 | for one or more such violations shall be charged a $1,000 fee, | ||||||
10 | to be paid to the law enforcement agency unit of government | ||||||
11 | that made the arrest , or its designated representative . The | ||||||
12 | person may recover the vehicle from the impound after a minimum | ||||||
13 | of 2 hours after arrest upon payment of the fee. | ||||||
14 | (b) $500 of the fee shall be distributed to the law | ||||||
15 | enforcement agency unit of government whose peace officers made | ||||||
16 | the arrest, for the costs incurred by the law enforcement | ||||||
17 | agency unit of government to investigate and to tow and impound | ||||||
18 | the vehicle. Upon the defendant's conviction of one or more of | ||||||
19 | the violations offenses in connection with which the vehicle | ||||||
20 | was impounded and the fee imposed under this Section, the | ||||||
21 | remaining $500 of the fee shall be deposited into the DHS State | ||||||
22 | Projects Violent Crime Victims Assistance Fund and shall be | ||||||
23 | used by the Department of Human Services to make grants to | ||||||
24 | non-governmental organizations to provide services for persons | ||||||
25 | encountered during the course of an investigation into any |
| |||||||
| |||||||
1 | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, | ||||||
2 | 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
3 | 11-19.1, or 11-19.2 of this Code, provided such persons | ||||||
4 | constitute prostituted persons or other victims of human | ||||||
5 | trafficking. | ||||||
6 | (c) Upon the presentation by the defendant of a signed | ||||||
7 | court order showing that the defendant has been acquitted of | ||||||
8 | all of the violations offenses in connection with which a | ||||||
9 | vehicle was impounded and a fee imposed under this Section, or | ||||||
10 | that the charges against the defendant for those violations | ||||||
11 | offenses have been dismissed, the law enforcement agency unit | ||||||
12 | of government shall refund the $1,000 fee to the defendant.
| ||||||
13 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. | ||||||
14 | 1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.) | ||||||
15 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
16 | amended by changing Section 115-7 as follows:
| ||||||
17 | (725 ILCS 5/115-7) (from Ch. 38, par. 115-7)
| ||||||
18 | Sec. 115-7. a. In prosecutions for predatory criminal | ||||||
19 | sexual assault of a
child, aggravated criminal sexual assault,
| ||||||
20 | criminal sexual assault, aggravated criminal sexual abuse,
| ||||||
21 | criminal sexual abuse, or criminal transmission of HIV; in | ||||||
22 | prosecutions for involuntary servitude, involuntary sexual | ||||||
23 | servitude of a minor, and trafficking in persons, when the | ||||||
24 | offense involves sexual activity and in
prosecutions for |
| |||||||
| |||||||
1 | battery and aggravated battery, when the commission of the
| ||||||
2 | offense involves sexual penetration or sexual conduct as | ||||||
3 | defined in Section
11-0.1 of the Criminal Code of 1961; and | ||||||
4 | with the trial or retrial of the
offenses formerly known as | ||||||
5 | rape, deviate sexual assault, indecent liberties
with a child, | ||||||
6 | and aggravated indecent liberties with a child, the prior
| ||||||
7 | sexual activity or the reputation of the alleged victim or | ||||||
8 | corroborating
witness under Section 115-7.3 of this Code is | ||||||
9 | inadmissible except
(1) as evidence
concerning the past sexual | ||||||
10 | conduct of the alleged victim or corroborating
witness under | ||||||
11 | Section 115-7.3 of this Code with the accused
when
this | ||||||
12 | evidence is offered by the accused upon the issue of whether | ||||||
13 | the alleged
victim or corroborating witness under Section | ||||||
14 | 115-7.3 of this Code
consented to the sexual conduct with | ||||||
15 | respect to which the offense is
alleged; or (2) when | ||||||
16 | constitutionally required to be admitted.
| ||||||
17 | b. No evidence admissible under this Section shall be | ||||||
18 | introduced unless
ruled admissible by the trial judge after an | ||||||
19 | offer of proof has been made
at a hearing to be held in camera | ||||||
20 | in order to determine whether the defense
has evidence to | ||||||
21 | impeach the witness in the event that prior sexual activity
| ||||||
22 | with the defendant is denied. Such offer of proof shall include
| ||||||
23 | reasonably specific information as to the date, time and place | ||||||
24 | of the past
sexual conduct
between the alleged victim or | ||||||
25 | corroborating witness under Section 115-7.3 of
this Code and | ||||||
26 | the defendant. Unless the court finds
that reasonably specific |
| |||||||
| |||||||
1 | information as to date, time or place, or some
combination | ||||||
2 | thereof, has been offered as to prior sexual activity with
the | ||||||
3 | defendant, counsel for the defendant shall be ordered
to | ||||||
4 | refrain from inquiring into prior sexual activity between the | ||||||
5 | alleged
victim or corroborating witness under Section 115-7.3 | ||||||
6 | of this Code and the
defendant.
The court shall not admit | ||||||
7 | evidence under this Section unless it determines at
the hearing | ||||||
8 | that the evidence is relevant and the probative value of the
| ||||||
9 | evidence outweighs the danger of unfair prejudice. The evidence | ||||||
10 | shall be
admissible at trial to the extent an order made by the | ||||||
11 | court specifies the
evidence that may be admitted and areas | ||||||
12 | with respect to which the alleged
victim or corroborating | ||||||
13 | witness under Section 115-7.3 of this Code may be
examined or | ||||||
14 | cross examined.
| ||||||
15 | (Source: P.A. 96-1551, eff. 7-1-11 .)
| ||||||
16 | Section 15. The Sex Offender Registration Act is amended by | ||||||
17 | changing Section 2 as follows:
| ||||||
18 | (730 ILCS 150/2) (from Ch. 38, par. 222)
| ||||||
19 | Sec. 2. Definitions.
| ||||||
20 | (A) As used in this Article, "sex offender" means any | ||||||
21 | person who is:
| ||||||
22 | (1) charged pursuant to Illinois law, or any | ||||||
23 | substantially similar
federal, Uniform Code of Military | ||||||
24 | Justice, sister state, or foreign country
law,
with a sex |
| |||||||
| |||||||
1 | offense set forth
in subsection (B) of this Section or the | ||||||
2 | attempt to commit an included sex
offense, and:
| ||||||
3 | (a) is convicted of such offense or an attempt to | ||||||
4 | commit such offense;
or
| ||||||
5 | (b) is found not guilty by reason of insanity of | ||||||
6 | such offense or an
attempt to commit such offense; or
| ||||||
7 | (c) is found not guilty by reason of insanity | ||||||
8 | pursuant to Section
104-25(c) of the Code of Criminal | ||||||
9 | Procedure of 1963 of such offense or an
attempt to | ||||||
10 | commit such offense; or
| ||||||
11 | (d) is the subject of a finding not resulting in an | ||||||
12 | acquittal at a
hearing conducted pursuant to Section | ||||||
13 | 104-25(a) of the Code of Criminal
Procedure of 1963 for | ||||||
14 | the alleged commission or attempted commission of such
| ||||||
15 | offense; or
| ||||||
16 | (e) is found not guilty by reason of insanity | ||||||
17 | following a hearing
conducted pursuant to a federal, | ||||||
18 | Uniform Code of Military Justice, sister
state, or | ||||||
19 | foreign country law
substantially similar to Section | ||||||
20 | 104-25(c) of the Code of Criminal Procedure
of 1963 of | ||||||
21 | such offense or of the attempted commission of such | ||||||
22 | offense; or
| ||||||
23 | (f) is the subject of a finding not resulting in an | ||||||
24 | acquittal at a
hearing conducted pursuant to a federal, | ||||||
25 | Uniform Code of Military Justice,
sister state, or | ||||||
26 | foreign country law
substantially similar to Section |
| |||||||
| |||||||
1 | 104-25(a) of the Code of Criminal Procedure
of 1963 for | ||||||
2 | the alleged violation or attempted commission of such | ||||||
3 | offense;
or
| ||||||
4 | (2) certified as a sexually dangerous person pursuant | ||||||
5 | to the Illinois
Sexually Dangerous Persons Act, or any | ||||||
6 | substantially similar federal, Uniform
Code of Military | ||||||
7 | Justice, sister
state, or foreign country law; or
| ||||||
8 | (3) subject to the provisions of Section 2 of the | ||||||
9 | Interstate
Agreements on Sexually Dangerous Persons Act; | ||||||
10 | or
| ||||||
11 | (4) found to be a sexually violent person pursuant to | ||||||
12 | the Sexually
Violent Persons Commitment Act or any | ||||||
13 | substantially similar federal, Uniform
Code of Military | ||||||
14 | Justice, sister
state, or foreign country law; or
| ||||||
15 | (5) adjudicated a juvenile delinquent as the result of | ||||||
16 | committing or
attempting to commit an act which, if | ||||||
17 | committed by an adult, would constitute
any of the offenses | ||||||
18 | specified in item (B), (C), or (C-5) of this Section or a
| ||||||
19 | violation of any substantially similar federal, Uniform | ||||||
20 | Code of Military
Justice, sister state, or foreign
country | ||||||
21 | law, or found guilty under Article V of the Juvenile Court | ||||||
22 | Act of 1987
of committing or attempting to commit an act | ||||||
23 | which, if committed by an adult,
would constitute any of | ||||||
24 | the offenses specified in item (B), (C), or (C-5) of
this | ||||||
25 | Section or a violation of any substantially similar | ||||||
26 | federal, Uniform Code
of Military Justice, sister state,
or |
| |||||||
| |||||||
1 | foreign country law.
| ||||||
2 | Convictions that result from or are connected with the same | ||||||
3 | act, or result
from offenses committed at the same time, shall | ||||||
4 | be counted for the purpose of
this Article as one conviction. | ||||||
5 | Any conviction set aside pursuant to law is
not a conviction | ||||||
6 | for purposes of this Article.
| ||||||
7 |
For purposes of this Section, "convicted" shall have the | ||||||
8 | same meaning as
"adjudicated".
| ||||||
9 | (B) As used in this Article, "sex offense" means:
| ||||||
10 | (1) A violation of any of the following Sections of the | ||||||
11 | Criminal Code of
1961:
| ||||||
12 | subsection (c) of Section 10-9 (involuntary sexual | ||||||
13 | servitude of a minor),
| ||||||
14 | 11-20.1 (child pornography),
| ||||||
15 | 11-20.1B or 11-20.3 (aggravated child | ||||||
16 | pornography),
| ||||||
17 | 11-6 (indecent solicitation of a child),
| ||||||
18 | 11-9.1 (sexual exploitation of a child),
| ||||||
19 | 11-9.2 (custodial sexual misconduct),
| ||||||
20 | 11-9.5 (sexual misconduct with a person with a | ||||||
21 | disability), | ||||||
22 | 11-14.4 (promoting juvenile prostitution),
| ||||||
23 | 11-15.1 (soliciting for a juvenile prostitute),
| ||||||
24 | 11-18.1 (patronizing a juvenile prostitute),
| ||||||
25 | 11-17.1 (keeping a place of juvenile | ||||||
26 | prostitution),
|
| |||||||
| |||||||
1 | 11-19.1 (juvenile pimping),
| ||||||
2 | 11-19.2 (exploitation of a child),
| ||||||
3 | 11-25 (grooming), | ||||||
4 | 11-26 (traveling to meet a minor),
| ||||||
5 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
6 | 11-1.30 or 12-14 (aggravated criminal sexual | ||||||
7 | assault),
| ||||||
8 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
9 | assault of a child),
| ||||||
10 | 11-1.50 or 12-15 (criminal sexual abuse),
| ||||||
11 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
12 | abuse),
| ||||||
13 | 12-33 (ritualized abuse of a child).
| ||||||
14 | An attempt to commit any of these offenses.
| ||||||
15 | (1.5)
A violation of any of the following Sections of | ||||||
16 | the
Criminal Code of 1961, when the victim is a person | ||||||
17 | under 18 years of age, the
defendant is not a parent of the | ||||||
18 | victim, the offense was sexually motivated as defined in | ||||||
19 | Section 10 of the Sex Offender Management Board Act, and | ||||||
20 | the offense was committed on or
after January 1, 1996:
| ||||||
21 | 10-1 (kidnapping),
| ||||||
22 | 10-2 (aggravated kidnapping),
| ||||||
23 | 10-3 (unlawful restraint),
| ||||||
24 | 10-3.1 (aggravated unlawful restraint).
| ||||||
25 | If the offense was committed before January 1, 1996, it | ||||||
26 | is a sex offense requiring registration only when the |
| |||||||
| |||||||
1 | person is convicted of any felony after July 1, 2011, and | ||||||
2 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
3 | applies.
| ||||||
4 | (1.6)
First degree murder under Section 9-1 of the | ||||||
5 | Criminal Code of 1961,
provided the offense was sexually | ||||||
6 | motivated as defined in Section 10 of the Sex Offender | ||||||
7 | Management Board Act.
| ||||||
8 | (1.6-5) A violation of any offense under Section 10-9 | ||||||
9 | of the Criminal Code of 1961 (trafficking in persons, | ||||||
10 | involuntary servitude, and related offenses), provided the | ||||||
11 | offense involved commercial sexual activity, a | ||||||
12 | sexually-explicit performance, or the production of | ||||||
13 | pornography.
| ||||||
14 | (1.7) (Blank).
| ||||||
15 | (1.8) A violation or attempted violation of Section | ||||||
16 | 11-11 (sexual
relations within families) of the Criminal | ||||||
17 | Code of 1961, and the offense was committed on or after
| ||||||
18 | June 1, 1997. If the offense was committed before June 1, | ||||||
19 | 1997, it is a sex offense requiring registration only when | ||||||
20 | the person is convicted of any felony after July 1, 2011, | ||||||
21 | and paragraph (2.1) of subsection (c) of Section 3 of this | ||||||
22 | Act applies.
| ||||||
23 | (1.9) Child abduction under paragraph (10) of | ||||||
24 | subsection
(b) of Section 10-5 of the Criminal Code of 1961 | ||||||
25 | committed by luring or
attempting to lure a child under the | ||||||
26 | age of 16 into a motor vehicle, building,
house trailer, or |
| |||||||
| |||||||
1 | dwelling place without the consent of the parent or lawful
| ||||||
2 | custodian of the child for other than a lawful purpose and | ||||||
3 | the offense was
committed on or after January 1, 1998, | ||||||
4 | provided the offense was sexually motivated as defined in | ||||||
5 | Section 10 of the Sex Offender Management Board Act. If the | ||||||
6 | offense was committed before January 1, 1998, it is a sex | ||||||
7 | offense requiring registration only when the person is | ||||||
8 | convicted of any felony after July 1, 2011, and paragraph | ||||||
9 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
10 | (1.10) A violation or attempted violation of any of the | ||||||
11 | following Sections
of the Criminal Code of 1961 when the | ||||||
12 | offense was committed on or after July
1, 1999:
| ||||||
13 | 10-4 (forcible detention, if the victim is under 18 | ||||||
14 | years of age), provided the offense was sexually | ||||||
15 | motivated as defined in Section 10 of the Sex Offender | ||||||
16 | Management Board Act,
| ||||||
17 | 11-6.5 (indecent solicitation of an adult),
| ||||||
18 | 11-14.3 that involves soliciting for a prostitute, | ||||||
19 | or 11-15 (soliciting for a prostitute, if the victim is | ||||||
20 | under 18 years
of age),
| ||||||
21 | subdivision (a)(2)(A) or (a)(2)(B) of Section | ||||||
22 | 11-14.3, or Section 11-16 (pandering, if the victim is | ||||||
23 | under 18 years of age),
| ||||||
24 | 11-18 (patronizing a prostitute, if the victim is | ||||||
25 | under 18 years
of age),
| ||||||
26 | subdivision (a)(2)(C) of Section 11-14.3, or |
| |||||||
| |||||||
1 | Section 11-19 (pimping, if the victim is under 18 years | ||||||
2 | of age).
| ||||||
3 | If the offense was committed before July 1, 1999, it is | ||||||
4 | a sex offense requiring registration only when the person | ||||||
5 | is convicted of any felony after July 1, 2011, and | ||||||
6 | paragraph (2.1) of subsection (c) of Section 3 of this Act | ||||||
7 | applies.
| ||||||
8 | (1.11) A violation or attempted violation of any of the | ||||||
9 | following
Sections of the Criminal Code of 1961 when the | ||||||
10 | offense was committed on or
after August 22, 2002:
| ||||||
11 | 11-9 or 11-30 (public indecency for a third or | ||||||
12 | subsequent conviction). | ||||||
13 | If the third or subsequent conviction was imposed | ||||||
14 | before August 22, 2002, it is a sex offense requiring | ||||||
15 | registration only when the person is convicted of any | ||||||
16 | felony after July 1, 2011, and paragraph (2.1) of | ||||||
17 | subsection (c) of Section 3 of this Act applies.
| ||||||
18 | (1.12) A violation or attempted violation of Section
| ||||||
19 | 5.1 of the Wrongs to Children Act or Section 11-9.1A of the | ||||||
20 | Criminal Code of 1961 (permitting sexual abuse) when the
| ||||||
21 | offense was committed on or after August 22, 2002. If the | ||||||
22 | offense was committed before August 22, 2002, it is a sex | ||||||
23 | offense requiring registration only when the person is | ||||||
24 | convicted of any felony after July 1, 2011, and paragraph | ||||||
25 | (2.1) of subsection (c) of Section 3 of this Act applies.
| ||||||
26 | (2) A violation of any former law of this State |
| |||||||
| |||||||
1 | substantially equivalent
to any offense listed in | ||||||
2 | subsection (B) of this Section.
| ||||||
3 | (C) A conviction for an offense of federal law, Uniform | ||||||
4 | Code of Military
Justice, or the law of another state
or a | ||||||
5 | foreign country that is substantially equivalent to any offense | ||||||
6 | listed
in subsections (B), (C), (E), and (E-5) of this Section | ||||||
7 | shall
constitute a
conviction for the purpose
of this Article. | ||||||
8 | A finding or adjudication as a sexually dangerous person
or a | ||||||
9 | sexually violent person under any federal law, Uniform Code of | ||||||
10 | Military
Justice, or the law of another state or
foreign | ||||||
11 | country that is substantially equivalent to the Sexually | ||||||
12 | Dangerous
Persons Act or the Sexually Violent Persons | ||||||
13 | Commitment Act shall constitute an
adjudication for the | ||||||
14 | purposes of this Article.
| ||||||
15 | (C-5) A person at least 17 years of age at the time of the | ||||||
16 | commission of
the offense who is convicted of first degree | ||||||
17 | murder under Section 9-1 of the
Criminal Code of 1961, against | ||||||
18 | a person
under 18 years of age, shall be required to register
| ||||||
19 | for natural life.
A conviction for an offense of federal, | ||||||
20 | Uniform Code of Military Justice,
sister state, or foreign | ||||||
21 | country law that is substantially equivalent to any
offense | ||||||
22 | listed in subsection (C-5) of this Section shall constitute a
| ||||||
23 | conviction for the purpose of this Article. This subsection | ||||||
24 | (C-5) applies to a person who committed the offense before June | ||||||
25 | 1, 1996 if: (i) the person is incarcerated in an Illinois | ||||||
26 | Department of Corrections facility on August 20, 2004 (the |
| |||||||
| |||||||
1 | effective date of Public Act 93-977), or (ii) subparagraph (i) | ||||||
2 | does not apply and the person is convicted of any felony after | ||||||
3 | July 1, 2011, and paragraph (2.1) of subsection (c) of Section | ||||||
4 | 3 of this Act applies.
| ||||||
5 | (C-6) A person who is convicted or adjudicated delinquent | ||||||
6 | of first degree murder as defined in Section 9-1 of the | ||||||
7 | Criminal Code of 1961, against a person 18 years of age or | ||||||
8 | over, shall be required to register for his or her natural | ||||||
9 | life. A conviction for an offense of federal, Uniform Code of | ||||||
10 | Military Justice, sister state, or foreign country law that is | ||||||
11 | substantially equivalent to any offense listed in subsection | ||||||
12 | (C-6) of this Section shall constitute a conviction for the | ||||||
13 | purpose of this Article. This subsection (C-6) does not apply | ||||||
14 | to those individuals released from incarceration more than 10 | ||||||
15 | years prior to January 1, 2012 ( the effective date of Public | ||||||
16 | Act 97-154) this amendatory Act of the 97th General Assembly . | ||||||
17 | (D) As used in this Article, "law enforcement agency having | ||||||
18 | jurisdiction"
means the Chief of Police in each of the | ||||||
19 | municipalities in which the sex offender
expects to reside, | ||||||
20 | work, or attend school (1) upon his or her discharge,
parole or | ||||||
21 | release or
(2) during the service of his or her sentence of | ||||||
22 | probation or conditional
discharge, or the Sheriff of the | ||||||
23 | county, in the event no Police Chief exists
or if the offender | ||||||
24 | intends to reside, work, or attend school in an
unincorporated | ||||||
25 | area.
"Law enforcement agency having jurisdiction" includes | ||||||
26 | the location where
out-of-state students attend school and |
| |||||||
| |||||||
1 | where out-of-state employees are
employed or are otherwise | ||||||
2 | required to register.
| ||||||
3 | (D-1) As used in this Article, "supervising officer" means | ||||||
4 | the assigned Illinois Department of Corrections parole agent or | ||||||
5 | county probation officer. | ||||||
6 | (E) As used in this Article, "sexual predator" means any | ||||||
7 | person who,
after July 1, 1999, is:
| ||||||
8 | (1) Convicted for an offense of federal, Uniform Code | ||||||
9 | of Military
Justice, sister state, or foreign country law | ||||||
10 | that is substantially equivalent
to any offense listed in | ||||||
11 | subsection (E) or (E-5) of this Section shall constitute a
| ||||||
12 | conviction for the purpose of this Article.
Convicted of a | ||||||
13 | violation or attempted violation of any of the following
| ||||||
14 | Sections of the
Criminal Code of 1961:
| ||||||
15 | 11-14.4 that involves keeping a place of juvenile | ||||||
16 | prostitution, or 11-17.1 (keeping a place of juvenile | ||||||
17 | prostitution),
| ||||||
18 | subdivision (a)(2) or (a)(3) of Section 11-14.4, | ||||||
19 | or Section 11-19.1 (juvenile pimping),
| ||||||
20 | subdivision (a)(4) of Section 11-14.4, or Section | ||||||
21 | 11-19.2 (exploitation of a child),
| ||||||
22 | 11-20.1 (child pornography),
| ||||||
23 | 11-20.1B or 11-20.3 (aggravated child | ||||||
24 | pornography),
| ||||||
25 | 11-1.20 or 12-13 (criminal sexual assault),
| ||||||
26 | 11-1.30 or 12-14 (aggravated criminal sexual |
| |||||||
| |||||||
1 | assault),
| ||||||
2 | 11-1.40 or 12-14.1 (predatory criminal sexual | ||||||
3 | assault of a child),
| ||||||
4 | 11-1.60 or 12-16 (aggravated criminal sexual | ||||||
5 | abuse),
| ||||||
6 | 12-33 (ritualized abuse of a child);
| ||||||
7 | (2) (blank);
| ||||||
8 | (3) certified as a sexually dangerous person pursuant | ||||||
9 | to the Sexually
Dangerous Persons Act or any substantially | ||||||
10 | similar federal, Uniform Code of
Military Justice, sister | ||||||
11 | state, or
foreign country law;
| ||||||
12 | (4) found to be a sexually violent person pursuant to | ||||||
13 | the Sexually Violent
Persons Commitment Act or any | ||||||
14 | substantially similar federal, Uniform Code of
Military | ||||||
15 | Justice, sister state, or
foreign country law;
| ||||||
16 | (5) convicted of a second or subsequent offense which | ||||||
17 | requires
registration pursuant to this Act. For purposes of | ||||||
18 | this paragraph
(5), "convicted" shall include a conviction | ||||||
19 | under any
substantially similar
Illinois, federal, Uniform | ||||||
20 | Code of Military Justice, sister state, or
foreign country | ||||||
21 | law;
| ||||||
22 | (6) convicted of a second or subsequent offense of | ||||||
23 | luring a minor under Section 10-5.1 of the Criminal Code of | ||||||
24 | 1961; or | ||||||
25 | (7) if the person was convicted of an offense set forth | ||||||
26 | in this subsection (E) on or before July 1, 1999, the |
| |||||||
| |||||||
1 | person is a sexual predator for whom registration is | ||||||
2 | required only when the person is convicted of a felony | ||||||
3 | offense after July 1, 2011, and paragraph (2.1) of | ||||||
4 | subsection (c) of Section 3 of this Act applies. | ||||||
5 | (E-5) As used in this Article, "sexual predator" also means | ||||||
6 | a person convicted of a violation or attempted violation of any | ||||||
7 | of the following
Sections of the
Criminal Code of 1961: | ||||||
8 | (1) Section 9-1 (first degree murder,
when the victim | ||||||
9 | was a person under 18 years of age and the defendant was at | ||||||
10 | least
17 years of age at the time of the commission of the | ||||||
11 | offense, provided the offense was sexually motivated as | ||||||
12 | defined in Section 10 of the Sex Offender Management Board | ||||||
13 | Act); | ||||||
14 | (2) Section 11-9.5 (sexual misconduct with a person | ||||||
15 | with a disability); | ||||||
16 | (3) when the victim is a person under 18 years of age, | ||||||
17 | the
defendant is not a parent of the victim, the offense | ||||||
18 | was sexually motivated as defined in Section 10 of the Sex | ||||||
19 | Offender Management Board Act, and the offense was | ||||||
20 | committed on or
after January 1, 1996: (A) Section 10-1 | ||||||
21 | (kidnapping), (B) Section 10-2 (aggravated kidnapping), | ||||||
22 | (C) Section 10-3 (unlawful restraint), and (D) Section | ||||||
23 | 10-3.1 (aggravated unlawful restraint); and | ||||||
24 | (4) Section 10-5(b)(10) (child abduction committed by | ||||||
25 | luring or
attempting to lure a child under the age of 16 | ||||||
26 | into a motor vehicle, building,
house trailer, or dwelling |
| |||||||
| |||||||
1 | place without the consent of the parent or lawful
custodian | ||||||
2 | of the child for other than a lawful purpose and the | ||||||
3 | offense was
committed on or after January 1, 1998, provided | ||||||
4 | the offense was sexually motivated as defined in Section 10 | ||||||
5 | of the Sex Offender Management Board Act). | ||||||
6 | (E-10) As used in this Article, "sexual predator" also | ||||||
7 | means a person required to register in another State due to a | ||||||
8 | conviction, adjudication or other action of any court | ||||||
9 | triggering an obligation to register as a sex offender, sexual | ||||||
10 | predator, or substantially similar status under the laws of | ||||||
11 | that State. | ||||||
12 | (F) As used in this Article, "out-of-state student" means | ||||||
13 | any sex
offender, as defined in this Section,
or sexual | ||||||
14 | predator who is enrolled in Illinois, on a full-time or | ||||||
15 | part-time
basis, in any public or private educational | ||||||
16 | institution, including, but not
limited to, any secondary | ||||||
17 | school, trade or professional institution, or
institution of | ||||||
18 | higher learning.
| ||||||
19 | (G) As used in this Article, "out-of-state employee" means | ||||||
20 | any sex
offender, as defined in this Section,
or sexual | ||||||
21 | predator who works in Illinois, regardless of whether the | ||||||
22 | individual
receives payment for services performed, for a | ||||||
23 | period of time of 10 or more days
or for an aggregate period of | ||||||
24 | time of 30 or more days
during any calendar year.
Persons who | ||||||
25 | operate motor vehicles in the State accrue one day of | ||||||
26 | employment
time for any portion of a day spent in Illinois.
|
| |||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (H) As used in this Article, "school" means any public or | ||||||||||||||||||||||||||||||||||||||||||||||||||
2 | private educational institution, including, but not limited | ||||||||||||||||||||||||||||||||||||||||||||||||||
3 | to, any elementary or secondary school, trade or professional | ||||||||||||||||||||||||||||||||||||||||||||||||||
4 | institution, or institution of higher education. | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (I) As used in this Article, "fixed residence" means any | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | and all places that a sex offender resides for an aggregate | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | period of time of 5 or more days in a calendar year.
| ||||||||||||||||||||||||||||||||||||||||||||||||||
8 | (J) As used in this Article, "Internet protocol address" | ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | means the string of numbers by which a location on the Internet | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | is identified by routers or other computers connected to the | ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Internet. | ||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (Source: P.A. 96-301, eff. 8-11-09; 96-1089, eff. 1-1-11; | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | 96-1551, eff. 7-1-11; 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; | ||||||||||||||||||||||||||||||||||||||||||||||||||
14 | revised 9-27-11.)
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||