HB5278 EngrossedLRB097 18978 RLC 64217 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Abused and Neglected Child Reporting Act is
5amended 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
8requires:
9    "Adult resident" means any person between 18 and 22 years
10of age who resides in any facility licensed by the Department
11under the Child Care Act of 1969. For purposes of this Act, the
12criteria set forth in the definitions of "abused child" and
13"neglected child" shall be used in determining whether an adult
14resident is abused or neglected.
15    "Child" means any person under the age of 18 years, unless
16legally emancipated by reason of marriage or entry into a
17branch of the United States armed services.
18    "Department" means Department of Children and Family
19Services.
20    "Local law enforcement agency" means the police of a city,
21town, village or other incorporated area or the sheriff of an
22unincorporated area or any sworn officer of the Illinois
23Department of State Police.

 

 

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1    "Abused child" means a child whose parent or immediate
2family member, or any person responsible for the child's
3welfare, or any individual residing in the same home as the
4child, or a paramour of the child's parent:
5        (a) inflicts, causes to be inflicted, or allows to be
6    inflicted upon such child physical injury, by other than
7    accidental means, which causes death, disfigurement,
8    impairment of physical or emotional health, or loss or
9    impairment of any bodily function;
10        (b) creates a substantial risk of physical injury to
11    such child by other than accidental means which would be
12    likely to cause death, disfigurement, impairment of
13    physical or emotional health, or loss or impairment of any
14    bodily function;
15        (c) commits or allows to be committed any sex offense
16    against such child, as such sex offenses are defined in the
17    Criminal Code of 1961, as amended, or in the Wrongs to
18    Children Act, and extending those definitions of sex
19    offenses to include children under 18 years of age;
20        (d) commits or allows to be committed an act or acts of
21    torture upon such child;
22        (e) inflicts excessive corporal punishment;
23        (f) commits or allows to be committed the offense of
24    female genital mutilation, as defined in Section 12-34 of
25    the Criminal Code of 1961, against the child;
26        (g) causes to be sold, transferred, distributed, or

 

 

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1    given to such child under 18 years of age, a controlled
2    substance as defined in Section 102 of the Illinois
3    Controlled Substances Act in violation of Article IV of the
4    Illinois Controlled Substances Act or in violation of the
5    Methamphetamine Control and Community Protection Act,
6    except for controlled substances that are prescribed in
7    accordance with Article III of the Illinois Controlled
8    Substances Act and are dispensed to such child in a manner
9    that substantially complies with the prescription; or
10        (h) commits or allows to be committed the offense of
11    involuntary servitude, involuntary sexual servitude of a
12    minor, trafficking in persons, or trafficking in persons
13    for forced labor or services as defined in Section 10-9 of
14    the Criminal Code of 1961 against the child.
15    A child shall not be considered abused for the sole reason
16that the child has been relinquished in accordance with the
17Abandoned Newborn Infant Protection Act.
18    "Neglected child" means any child who is not receiving the
19proper or necessary nourishment or medically indicated
20treatment including food or care not provided solely on the
21basis of the present or anticipated mental or physical
22impairment as determined by a physician acting alone or in
23consultation with other physicians or otherwise is not
24receiving the proper or necessary support or medical or other
25remedial care recognized under State law as necessary for a
26child's well-being, or other care necessary for his or her

 

 

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1well-being, including adequate food, clothing and shelter; or
2who is abandoned by his or her parents or other person
3responsible for the child's welfare without a proper plan of
4care; or who has been provided with interim crisis intervention
5services under Section 3-5 of the Juvenile Court Act of 1987
6and whose parent, guardian, or custodian refuses to permit the
7child to return home and no other living arrangement agreeable
8to the parent, guardian, or custodian can be made, and the
9parent, guardian, or custodian has not made any other
10appropriate living arrangement for the child; or who is a
11newborn infant whose blood, urine, or meconium contains any
12amount of a controlled substance as defined in subsection (f)
13of Section 102 of the Illinois Controlled Substances Act or a
14metabolite thereof, with the exception of a controlled
15substance or metabolite thereof whose presence in the newborn
16infant is the result of medical treatment administered to the
17mother or the newborn infant. A child shall not be considered
18neglected for the sole reason that the child's parent or other
19person responsible for his or her welfare has left the child in
20the care of an adult relative for any period of time. A child
21shall not be considered neglected for the sole reason that the
22child has been relinquished in accordance with the Abandoned
23Newborn Infant Protection Act. A child shall not be considered
24neglected or abused for the sole reason that such child's
25parent or other person responsible for his or her welfare
26depends upon spiritual means through prayer alone for the

 

 

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1treatment or cure of disease or remedial care as provided under
2Section 4 of this Act. A child shall not be considered
3neglected or abused solely because the child is not attending
4school in accordance with the requirements of Article 26 of The
5School Code, as amended.
6    "Child Protective Service Unit" means certain specialized
7State employees of the Department assigned by the Director to
8perform the duties and responsibilities as provided under
9Section 7.2 of this Act.
10    "Person responsible for the child's welfare" means the
11child's parent; guardian; foster parent; relative caregiver;
12any person responsible for the child's welfare in a public or
13private residential agency or institution; any person
14responsible for the child's welfare within a public or private
15profit or not for profit child care facility; or any other
16person responsible for the child's welfare at the time of the
17alleged abuse or neglect, or any person who came to know the
18child through an official capacity or position of trust,
19including but not limited to health care professionals,
20educational personnel, recreational supervisors, members of
21the clergy, and volunteers or support personnel in any setting
22where children may be subject to abuse or neglect.
23    "Temporary protective custody" means custody within a
24hospital or other medical facility or a place previously
25designated for such custody by the Department, subject to
26review by the Court, including a licensed foster home, group

 

 

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1home, or other institution; but such place shall not be a jail
2or other place for the detention of criminal or juvenile
3offenders.
4    "An unfounded report" means any report made under this Act
5for which it is determined after an investigation that no
6credible evidence of abuse or neglect exists.
7    "An indicated report" means a report made under this Act if
8an investigation determines that credible evidence of the
9alleged abuse or neglect exists.
10    "An undetermined report" means any report made under this
11Act in which it was not possible to initiate or complete an
12investigation on the basis of information provided to the
13Department.
14    "Subject of report" means any child reported to the central
15register of child abuse and neglect established under Section
167.7 of this Act as an alleged victim of child abuse or neglect
17and the parent or guardian of the alleged victim or other
18person responsible for the alleged victim's welfare who is
19named in the report or added to the report as an alleged
20perpetrator of child abuse or neglect.
21    "Perpetrator" means a person who, as a result of
22investigation, has been determined by the Department to have
23caused child abuse or neglect.
24    "Member of the clergy" means a clergyman or practitioner of
25any religious denomination accredited by the religious body to
26which he or she belongs.

 

 

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1(Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10;
296-1464, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
3    Section 10. The Juvenile Court Act of 1987 is amended by
4changing Sections 2-3 and 2-18 as follows:
 
5    (705 ILCS 405/2-3)  (from Ch. 37, par. 802-3)
6    Sec. 2-3. Neglected or abused minor.
7    (1) Those who are neglected include:
8        (a) any minor under 18 years of age who is not
9    receiving the proper or necessary support, education as
10    required by law, or medical or other remedial care
11    recognized under State law as necessary for a minor's
12    well-being, or other care necessary for his or her
13    well-being, including adequate food, clothing and shelter,
14    or who is abandoned by his or her parent or parents or
15    other person or persons responsible for the minor's
16    welfare, except that a minor shall not be considered
17    neglected for the sole reason that the minor's parent or
18    parents or other person or persons responsible for the
19    minor's welfare have left the minor in the care of an adult
20    relative for any period of time, who the parent or parents
21    or other person responsible for the minor's welfare know is
22    both a mentally capable adult relative and physically
23    capable adult relative, as defined by this Act; or
24        (b) any minor under 18 years of age whose environment

 

 

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1    is injurious to his or her welfare; or
2        (c) any newborn infant whose blood, urine, or meconium
3    contains any amount of a controlled substance as defined in
4    subsection (f) of Section 102 of the Illinois Controlled
5    Substances Act, as now or hereafter amended, or a
6    metabolite of a controlled substance, with the exception of
7    controlled substances or metabolites of such substances,
8    the presence of which in the newborn infant is the result
9    of medical treatment administered to the mother or the
10    newborn infant; or
11        (d) any minor under the age of 14 years whose parent or
12    other person responsible for the minor's welfare leaves the
13    minor without supervision for an unreasonable period of
14    time without regard for the mental or physical health,
15    safety, or welfare of that minor; or
16        (e) any minor who has been provided with interim crisis
17    intervention services under Section 3-5 of this Act and
18    whose parent, guardian, or custodian refuses to permit the
19    minor to return home unless the minor is an immediate
20    physical danger to himself, herself, or others living in
21    the home.
22    Whether the minor was left without regard for the mental or
23physical health, safety, or welfare of that minor or the period
24of time was unreasonable shall be determined by considering the
25following factors, including but not limited to:
26        (1) the age of the minor;

 

 

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1        (2) the number of minors left at the location;
2        (3) special needs of the minor, including whether the
3    minor is physically or mentally handicapped, or otherwise
4    in need of ongoing prescribed medical treatment such as
5    periodic doses of insulin or other medications;
6        (4) the duration of time in which the minor was left
7    without supervision;
8        (5) the condition and location of the place where the
9    minor was left without supervision;
10        (6) the time of day or night when the minor was left
11    without supervision;
12        (7) the weather conditions, including whether the
13    minor was left in a location with adequate protection from
14    the natural elements such as adequate heat or light;
15        (8) the location of the parent or guardian at the time
16    the minor was left without supervision, the physical
17    distance the minor was from the parent or guardian at the
18    time the minor was without supervision;
19        (9) whether the minor's movement was restricted, or the
20    minor was otherwise locked within a room or other
21    structure;
22        (10) whether the minor was given a phone number of a
23    person or location to call in the event of an emergency and
24    whether the minor was capable of making an emergency call;
25        (11) whether there was food and other provision left
26    for the minor;

 

 

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1        (12) whether any of the conduct is attributable to
2    economic hardship or illness and the parent, guardian or
3    other person having physical custody or control of the
4    child made a good faith effort to provide for the health
5    and safety of the minor;
6        (13) the age and physical and mental capabilities of
7    the person or persons who provided supervision for the
8    minor;
9        (14) whether the minor was left under the supervision
10    of another person;
11        (15) any other factor that would endanger the health
12    and safety of that particular minor.
13    A minor shall not be considered neglected for the sole
14reason that the minor has been relinquished in accordance with
15the Abandoned Newborn Infant Protection Act.
16    (2) Those who are abused include any minor under 18 years
17of age whose parent or immediate family member, or any person
18responsible for the minor's welfare, or any person who is in
19the same family or household as the minor, or any individual
20residing in the same home as the minor, or a paramour of the
21minor's parent:
22        (i) inflicts, causes to be inflicted, or allows to be
23    inflicted upon such minor physical injury, by other than
24    accidental means, which causes death, disfigurement,
25    impairment of physical or emotional health, or loss or
26    impairment of any bodily function;

 

 

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1        (ii) creates a substantial risk of physical injury to
2    such minor by other than accidental means which would be
3    likely to cause death, disfigurement, impairment of
4    emotional health, or loss or impairment of any bodily
5    function;
6        (iii) commits or allows to be committed any sex offense
7    against such minor, as such sex offenses are defined in the
8    Criminal Code of 1961, as amended, or in the Wrongs to
9    Children Act, and extending those definitions of sex
10    offenses to include minors under 18 years of age;
11        (iv) commits or allows to be committed an act or acts
12    of torture upon such minor;
13        (v) inflicts excessive corporal punishment;
14        (vi) commits or allows to be committed the offense of
15    involuntary servitude, involuntary sexual servitude of a
16    minor, trafficking in persons, or trafficking in persons
17    for forced labor or services defined in Section 10-9 of the
18    Criminal Code of 1961, upon such minor; or
19        (vii) allows, encourages or requires a minor to commit
20    any act of prostitution, as defined in the Criminal Code of
21    1961, and extending those definitions to include minors
22    under 18 years of age.
23    A minor shall not be considered abused for the sole reason
24that the minor has been relinquished in accordance with the
25Abandoned Newborn Infant Protection Act.
26    (3) This Section does not apply to a minor who would be

 

 

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1included herein solely for the purpose of qualifying for
2financial assistance for himself, his parents, guardian or
3custodian.
4(Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09;
596-1464, eff. 8-20-10.)
 
6    (705 ILCS 405/2-18)  (from Ch. 37, par. 802-18)
7    Sec. 2-18. Evidence.
8    (1) At the adjudicatory hearing, the court shall first
9consider only the question whether the minor is abused,
10neglected or dependent. The standard of proof and the rules of
11evidence in the nature of civil proceedings in this State are
12applicable to proceedings under this Article. If the petition
13also seeks the appointment of a guardian of the person with
14power to consent to adoption of the minor under Section 2-29,
15the court may also consider legally admissible evidence at the
16adjudicatory hearing that one or more grounds of unfitness
17exists under subdivision D of Section 1 of the Adoption Act.
18    (2) In any hearing under this Act, the following shall
19constitute prima facie evidence of abuse or neglect, as the
20case may be:
21        (a) proof that a minor has a medical diagnosis of
22    battered child syndrome is prima facie evidence of abuse;
23        (b) proof that a minor has a medical diagnosis of
24    failure to thrive syndrome is prima facie evidence of
25    neglect;

 

 

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1        (c) proof that a minor has a medical diagnosis of fetal
2    alcohol syndrome is prima facie evidence of neglect;
3        (d) proof that a minor has a medical diagnosis at birth
4    of withdrawal symptoms from narcotics or barbiturates is
5    prima facie evidence of neglect;
6        (e) proof of injuries sustained by a minor or of the
7    condition of a minor of such a nature as would ordinarily
8    not be sustained or exist except by reason of the acts or
9    omissions of the parent, custodian or guardian of such
10    minor shall be prima facie evidence of abuse or neglect, as
11    the case may be;
12        (f) proof that a parent, custodian or guardian of a
13    minor repeatedly used a drug, to the extent that it has or
14    would ordinarily have the effect of producing in the user a
15    substantial state of stupor, unconsciousness,
16    intoxication, hallucination, disorientation or
17    incompetence, or a substantial impairment of judgment, or a
18    substantial manifestation of irrationality, shall be prima
19    facie evidence of neglect;
20        (g) proof that a parent, custodian, or guardian of a
21    minor repeatedly used a controlled substance, as defined in
22    subsection (f) of Section 102 of the Illinois Controlled
23    Substances Act, in the presence of the minor or a sibling
24    of the minor is prima facie evidence of neglect. "Repeated
25    use", for the purpose of this subsection, means more than
26    one use of a controlled substance as defined in subsection

 

 

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1    (f) of Section 102 of the Illinois Controlled Substances
2    Act;
3        (h) proof that a newborn infant's blood, urine, or
4    meconium contains any amount of a controlled substance as
5    defined in subsection (f) of Section 102 of the Illinois
6    Controlled Substances Act, or a metabolite of a controlled
7    substance, with the exception of controlled substances or
8    metabolites of those substances, the presence of which is
9    the result of medical treatment administered to the mother
10    or the newborn, is prime facie evidence of neglect;
11        (i) proof that a minor was present in a structure or
12    vehicle in which the minor's parent, custodian, or guardian
13    was involved in the manufacture of methamphetamine
14    constitutes prima facie evidence of abuse and neglect;
15        (j) proof that a parent, custodian, or guardian of a
16    minor allows, encourages, or requires a minor to perform,
17    offer, or agree to perform any act of sexual penetration as
18    defined in Section 12-12 of the Criminal Code of 1961 for
19    any money, property, token, object, or article or anything
20    of value, or any touching or fondling of the sex organs of
21    one person by another person, for any money, property,
22    token, object, or article or anything of value, for the
23    purpose of sexual arousal or gratification, constitutes
24    prima facie evidence of abuse and neglect;
25        (k) proof that a parent, custodian, or guardian of a
26    minor commits or allows to be committed the offense of

 

 

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1    involuntary servitude, involuntary sexual servitude of a
2    minor, trafficking in persons, or trafficking in persons
3    for forced labor or services defined in Section 10-9 of the
4    Criminal Code of 1961, upon such minor, constitutes prima
5    facie evidence of abuse and neglect.
6    (3) In any hearing under this Act, proof of the abuse,
7neglect or dependency of one minor shall be admissible evidence
8on the issue of the abuse, neglect or dependency of any other
9minor for whom the respondent is responsible.
10    (4) (a) Any writing, record, photograph or x-ray of any
11hospital or public or private agency, whether in the form of an
12entry in a book or otherwise, made as a memorandum or record of
13any condition, act, transaction, occurrence or event relating
14to a minor in an abuse, neglect or dependency proceeding, shall
15be admissible in evidence as proof of that condition, act,
16transaction, occurrence or event, if the court finds that the
17document was made in the regular course of the business of the
18hospital or agency and that it was in the regular course of
19such business to make it, at the time of the act, transaction,
20occurrence or event, or within a reasonable time thereafter. A
21certification by the head or responsible employee of the
22hospital or agency that the writing, record, photograph or
23x-ray is the full and complete record of the condition, act,
24transaction, occurrence or event and that it satisfies the
25conditions of this paragraph shall be prima facie evidence of
26the facts contained in such certification. A certification by

 

 

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1someone other than the head of the hospital or agency shall be
2accompanied by a photocopy of a delegation of authority signed
3by both the head of the hospital or agency and by such other
4employee. All other circumstances of the making of the
5memorandum, record, photograph or x-ray, including lack of
6personal knowledge of the maker, may be proved to affect the
7weight to be accorded such evidence, but shall not affect its
8admissibility.
9    (b) Any indicated report filed pursuant to the Abused and
10Neglected Child Reporting Act shall be admissible in evidence.
11    (c) Previous statements made by the minor relating to any
12allegations of abuse or neglect shall be admissible in
13evidence. However, no such statement, if uncorroborated and not
14subject to cross-examination, shall be sufficient in itself to
15support a finding of abuse or neglect.
16    (d) There shall be a rebuttable presumption that a minor is
17competent to testify in abuse or neglect proceedings. The court
18shall determine how much weight to give to the minor's
19testimony, and may allow the minor to testify in chambers with
20only the court, the court reporter and attorneys for the
21parties present.
22    (e) The privileged character of communication between any
23professional person and patient or client, except privilege
24between attorney and client, shall not apply to proceedings
25subject to this Article.
26    (f) Proof of the impairment of emotional health or

 

 

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1impairment of mental or emotional condition as a result of the
2failure of the respondent to exercise a minimum degree of care
3toward a minor may include competent opinion or expert
4testimony, and may include proof that such impairment lessened
5during a period when the minor was in the care, custody or
6supervision of a person or agency other than the respondent.
7    (5) In any hearing under this Act alleging neglect for
8failure to provide education as required by law under
9subsection (1) of Section 2-3, proof that a minor under 13
10years of age who is subject to compulsory school attendance
11under the School Code is a chronic truant as defined under the
12School Code shall be prima facie evidence of neglect by the
13parent or guardian in any hearing under this Act and proof that
14a minor who is 13 years of age or older who is subject to
15compulsory school attendance under the School Code is a chronic
16truant shall raise a rebuttable presumption of neglect by the
17parent or guardian. This subsection (5) shall not apply in
18counties with 2,000,000 or more inhabitants.
19    (6) In any hearing under this Act, the court may take
20judicial notice of prior sworn testimony or evidence admitted
21in prior proceedings involving the same minor if (a) the
22parties were either represented by counsel at such prior
23proceedings or the right to counsel was knowingly waived and
24(b) the taking of judicial notice would not result in admitting
25hearsay evidence at a hearing where it would otherwise be
26prohibited.

 

 

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1(Source: P.A. 96-1464, eff. 8-20-10.)
 
2    Section 15. The Criminal Code of 1961 is amended by
3changing Sections 3-6, 10-9, 14-3, and 36.5-5 as follows:
 
4    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)
5    Sec. 3-6. Extended limitations. The period within which a
6prosecution must be commenced under the provisions of Section
73-5 or other applicable statute is extended under the following
8conditions:
9    (a) A prosecution for theft involving a breach of a
10fiduciary obligation to the aggrieved person may be commenced
11as follows:
12        (1) If the aggrieved person is a minor or a person
13    under legal disability, then during the minority or legal
14    disability or within one year after the termination
15    thereof.
16        (2) In any other instance, within one year after the
17    discovery of the offense by an aggrieved person, or by a
18    person who has legal capacity to represent an aggrieved
19    person or has a legal duty to report the offense, and is
20    not himself or herself a party to the offense; or in the
21    absence of such discovery, within one year after the proper
22    prosecuting officer becomes aware of the offense. However,
23    in no such case is the period of limitation so extended
24    more than 3 years beyond the expiration of the period

 

 

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1    otherwise applicable.
2    (b) A prosecution for any offense based upon misconduct in
3office by a public officer or employee may be commenced within
4one year after discovery of the offense by a person having a
5legal duty to report such offense, or in the absence of such
6discovery, within one year after the proper prosecuting officer
7becomes aware of the offense. However, in no such case is the
8period of limitation so extended more than 3 years beyond the
9expiration of the period otherwise applicable.
10    (b-5) When the victim is under 18 years of age at the time
11of the offense, a prosecution for involuntary servitude,
12involuntary sexual servitude of a minor, or trafficking in
13persons and related offenses under Section 10-9 of this Code
14may be commenced within one year of the victim attaining the
15age of 18 years. However, in no such case shall the time period
16for prosecution expire sooner than 3 years after the commission
17of the offense.
18    (c) (Blank).
19    (d) A prosecution for child pornography, aggravated child
20pornography, indecent solicitation of a child, soliciting for a
21juvenile prostitute, juvenile pimping, exploitation of a
22child, or promoting juvenile prostitution except for keeping a
23place of juvenile prostitution may be commenced within one year
24of the victim attaining the age of 18 years. However, in no
25such case shall the time period for prosecution expire sooner
26than 3 years after the commission of the offense. When the

 

 

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1victim is under 18 years of age, a prosecution for criminal
2sexual abuse may be commenced within one year of the victim
3attaining the age of 18 years. However, in no such case shall
4the time period for prosecution expire sooner than 3 years
5after the commission of the offense.
6    (e) Except as otherwise provided in subdivision (j), a
7prosecution for any offense involving sexual conduct or sexual
8penetration, as defined in Section 11-0.1 of this Code, where
9the defendant was within a professional or fiduciary
10relationship or a purported professional or fiduciary
11relationship with the victim at the time of the commission of
12the offense may be commenced within one year after the
13discovery of the offense by the victim.
14    (f) A prosecution for any offense set forth in Section 44
15of the "Environmental Protection Act", approved June 29, 1970,
16as amended, may be commenced within 5 years after the discovery
17of such an offense by a person or agency having the legal duty
18to report the offense or in the absence of such discovery,
19within 5 years after the proper prosecuting officer becomes
20aware of the offense.
21    (f-5) A prosecution for any offense set forth in Section
2216-30 of this Code may be commenced within 5 years after the
23discovery of the offense by the victim of that offense.
24    (g) (Blank).
25    (h) (Blank).
26    (i) Except as otherwise provided in subdivision (j), a

 

 

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1prosecution for criminal sexual assault, aggravated criminal
2sexual assault, or aggravated criminal sexual abuse may be
3commenced within 10 years of the commission of the offense if
4the victim reported the offense to law enforcement authorities
5within 3 years after the commission of the offense.
6    Nothing in this subdivision (i) shall be construed to
7shorten a period within which a prosecution must be commenced
8under any other provision of this Section.
9    (j) When the victim is under 18 years of age at the time of
10the offense, a prosecution for criminal sexual assault,
11aggravated criminal sexual assault, predatory criminal sexual
12assault of a child, aggravated criminal sexual abuse, or felony
13criminal sexual abuse, or a prosecution for failure of a person
14who is required to report an alleged or suspected commission of
15any of these offenses under the Abused and Neglected Child
16Reporting Act may be commenced within 20 years after the child
17victim attains 18 years of age. When the victim is under 18
18years of age at the time of the offense, a prosecution for
19misdemeanor criminal sexual abuse may be commenced within 10
20years after the child victim attains 18 years of age.
21    Nothing in this subdivision (j) shall be construed to
22shorten a period within which a prosecution must be commenced
23under any other provision of this Section.
24    (k) A prosecution for theft involving real property
25exceeding $100,000 in value under Section 16-1, identity theft
26under subsection (a) of Section 16-30, aggravated identity

 

 

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1theft under subsection (b) of Section 16-30, or any offense set
2forth in Article 16H or Section 17-10.6 may be commenced within
37 years of the last act committed in furtherance of the crime.
4(Source: P.A. 96-233, eff. 1-1-10; 96-1551, Article 2, Section
51035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff.
67-1-11; 97-597, eff. 1-1-12.)
 
7    (720 ILCS 5/10-9)
8    Sec. 10-9. Trafficking in persons, involuntary servitude,
9and related offenses.
10    (a) Definitions. In this Section:
11        (1) "Intimidation" has the meaning prescribed in
12    Section 12-6.
13        (2) "Commercial sexual activity" means any sex act on
14    account of which anything of value is given, promised to,
15    or received by any person.
16        (3) "Financial harm" includes intimidation that brings
17    about financial loss, criminal usury, or employment
18    contracts that violate the Frauds Act.
19        (4) (Blank). "Forced labor or services" means labor or
20    services that are performed or provided by another person
21    and are obtained or maintained through:
22            (A) any scheme, plan, or pattern intending to cause
23        or threatening to cause serious harm to any person;
24            (B) an actor's physically restraining or
25        threatening to physically restrain another person;

 

 

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1            (C) an actor's abusing or threatening to abuse the
2        law or legal process;
3            (D) an actor's knowingly destroying, concealing,
4        removing, confiscating, or possessing any actual or
5        purported passport or other immigration document, or
6        any other actual or purported government
7        identification document, of another person;
8            (E) an actor's blackmail; or
9            (F) an actor's causing or threatening to cause
10        financial harm to or exerting financial control over
11        any person.
12        (5) "Labor" means work of economic or financial value.
13        (6) "Maintain" means, in relation to labor or services,
14    to secure continued performance thereof, regardless of any
15    initial agreement on the part of the victim to perform that
16    type of service.
17        (7) "Obtain" means, in relation to labor or services,
18    to secure performance thereof.
19        (7.5) "Serious harm" means any harm, whether physical
20    or nonphysical, including psychological, financial, or
21    reputational harm, that is sufficiently serious, under all
22    the surrounding circumstances, to compel a reasonable
23    person of the same background and in the same circumstances
24    to perform or to continue performing labor or services in
25    order to avoid incurring that harm.
26        (8) "Services" means activities resulting from a

 

 

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1    relationship between a person and the actor in which the
2    person performs activities under the supervision of or for
3    the benefit of the actor. Commercial sexual activity and
4    sexually-explicit performances are forms of activities
5    that are "services" under this Section. Nothing in this
6    definition may be construed to legitimize or legalize
7    prostitution.
8        (9) "Sexually-explicit performance" means a live,
9    recorded, broadcast (including over the Internet), or
10    public act or show intended to arouse or satisfy the sexual
11    desires or appeal to the prurient interests of patrons.
12        (10) "Trafficking victim" means a person subjected to
13    the practices set forth in subsection (b), (c), or (d).
14    (b) Involuntary servitude. A person commits the offense of
15involuntary servitude when he or she knowingly subjects,
16attempts to subject, or engages in a conspiracy to subject
17another person to forced labor or services obtained or
18maintained through any of the following means, or any
19combination 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 any 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)
15is a Class 3 felony, and (b)(5) and (b)(6) is a Class 4 felony.
16    (c) Involuntary sexual servitude of a minor. A person
17commits the offense of involuntary sexual servitude of a minor
18when he or she knowingly recruits, entices, harbors,
19transports, provides, or obtains by any means, or attempts to
20recruit, entice, harbor, provide, or obtain by any means,
21another person under 18 years of age, knowing that the minor
22will engage in commercial sexual activity, a sexually-explicit
23performance, or the production of pornography, or causes or
24attempts to cause a minor to engage in one or more of those
25activities and:
26        (1) there is no overt force or threat and the minor is

 

 

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1    between the ages of 17 and 18 years;
2        (2) there is no overt force or threat and the minor is
3    under the age of 17 years; or
4        (3) there is overt force or threat.
5    Sentence. Except as otherwise provided in subsection (e) or
6(f), a violation of subsection (c)(1) is a Class 1 felony,
7(c)(2) is a Class X felony, and (c)(3) is a Class X felony.
8    (d) Trafficking in persons for forced labor or services. A
9person commits the offense of trafficking in persons for forced
10labor or services when he or she knowingly: (1) recruits,
11entices, harbors, transports, provides, or obtains by any
12means, or attempts to recruit, entice, harbor, transport,
13provide, or obtain by any means, another person, intending or
14knowing that the person will be subjected to involuntary
15servitude forced labor or services; or (2) benefits,
16financially or by receiving anything of value, from
17participation in a venture that has engaged in an act of
18involuntary servitude or involuntary sexual servitude of a
19minor.
20    Sentence. Except as otherwise provided in subsection (e) or
21(f), a violation of this subsection is a Class 1 felony.
22    (e) Aggravating factors. A violation of this Section
23involving kidnapping or an attempt to kidnap, aggravated
24criminal sexual assault or an attempt to commit aggravated
25criminal sexual assault, or an attempt to commit first degree
26murder is a Class X felony.

 

 

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1    (f) Sentencing considerations.
2        (1) Bodily injury. If, pursuant to a violation of this
3    Section, a victim suffered bodily injury, the defendant may
4    be sentenced to an extended-term sentence under Section
5    5-8-2 of the Unified Code of Corrections. The sentencing
6    court must take into account the time in which the victim
7    was held in servitude, with increased penalties for cases
8    in which the victim was held for between 180 days and one
9    year, and increased penalties for cases in which the victim
10    was held for more than one year.
11        (2) Number of victims. In determining sentences within
12    statutory maximums, the sentencing court should take into
13    account the number of victims, and may provide for
14    substantially increased sentences in cases involving more
15    than 10 victims.
16    (g) Restitution. Restitution is mandatory under this
17Section. In addition to any other amount of loss identified,
18the court shall order restitution including the greater of (1)
19the gross income or value to the defendant of the victim's
20labor or services or (2) the value of the victim's labor as
21guaranteed under the Minimum Wage Law and overtime provisions
22of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law,
23whichever is greater.
24    (h) Trafficking victim services. Subject to the
25availability of funds, the Department of Human Services may
26provide or fund emergency services and assistance to

 

 

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1individuals who are victims of one or more offenses defined in
2this Section.
3    (i) Certification. The Attorney General, a State's
4Attorney, or any law enforcement official shall certify in
5writing to the United States Department of Justice or other
6federal agency, such as the United States Department of
7Homeland Security, that an investigation or prosecution under
8this Section has begun and the individual who is a likely
9victim of a crime described in this Section is willing to
10cooperate or is cooperating with the investigation to enable
11the individual, if eligible under federal law, to qualify for
12an appropriate special immigrant visa and to access available
13federal benefits. Cooperation with law enforcement shall not be
14required of victims of a crime described in this Section who
15are under 18 years of age. This certification shall be made
16available to the victim and his or her designated legal
17representative.
18    (j) A person who commits the offense of involuntary
19servitude, involuntary sexual servitude of a minor, or
20trafficking in persons for forced labor or services under
21subsection (b), (c), or (d) of this Section is subject to the
22property forfeiture provisions set forth in Article 124B of the
23Code of Criminal Procedure of 1963.
24(Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff.
251-1-10; 96-1000, eff. 7-2-10.)
 

 

 

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1    (720 ILCS 5/14-3)
2    Sec. 14-3. Exemptions. The following activities shall be
3exempt from the provisions of this Article:
4    (a) Listening to radio, wireless and television
5communications of any sort where the same are publicly made;
6    (b) Hearing conversation when heard by employees of any
7common carrier by wire incidental to the normal course of their
8employment in the operation, maintenance or repair of the
9equipment of such common carrier by wire so long as no
10information obtained thereby is used or divulged by the hearer;
11    (c) Any broadcast by radio, television or otherwise whether
12it be a broadcast or recorded for the purpose of later
13broadcasts of any function where the public is in attendance
14and the conversations are overheard incidental to the main
15purpose for which such broadcasts are then being made;
16    (d) Recording or listening with the aid of any device to
17any emergency communication made in the normal course of
18operations by any federal, state or local law enforcement
19agency or institutions dealing in emergency services,
20including, but not limited to, hospitals, clinics, ambulance
21services, fire fighting agencies, any public utility,
22emergency repair facility, civilian defense establishment or
23military installation;
24    (e) Recording the proceedings of any meeting required to be
25open by the Open Meetings Act, as amended;
26    (f) Recording or listening with the aid of any device to

 

 

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1incoming telephone calls of phone lines publicly listed or
2advertised as consumer "hotlines" by manufacturers or
3retailers of food and drug products. Such recordings must be
4destroyed, erased or turned over to local law enforcement
5authorities within 24 hours from the time of such recording and
6shall not be otherwise disseminated. Failure on the part of the
7individual or business operating any such recording or
8listening device to comply with the requirements of this
9subsection shall eliminate any civil or criminal immunity
10conferred upon that individual or business by the operation of
11this Section;
12    (g) With prior notification to the State's Attorney of the
13county in which it is to occur, recording or listening with the
14aid of any device to any conversation where a law enforcement
15officer, or any person acting at the direction of law
16enforcement, is a party to the conversation and has consented
17to it being intercepted or recorded under circumstances where
18the use of the device is necessary for the protection of the
19law enforcement officer or any person acting at the direction
20of law enforcement, in the course of an investigation of a
21forcible felony, a felony offense of involuntary servitude,
22involuntary sexual servitude of a minor, trafficking in
23persons, or trafficking in persons for forced labor or services
24under Section 10-9 of this Code, an offense involving
25prostitution, solicitation of a sexual act, or pandering, a
26felony violation of the Illinois Controlled Substances Act, a

 

 

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1felony violation of the Cannabis Control Act, a felony
2violation of the Methamphetamine Control and Community
3Protection Act, any "streetgang related" or "gang-related"
4felony as those terms are defined in the Illinois Streetgang
5Terrorism Omnibus Prevention Act, or any felony offense
6involving any weapon listed in paragraphs (1) through (11) of
7subsection (a) of Section 24-1 of this Code. Any recording or
8evidence derived as the result of this exemption shall be
9inadmissible in any proceeding, criminal, civil or
10administrative, except (i) where a party to the conversation
11suffers great bodily injury or is killed during such
12conversation, or (ii) when used as direct impeachment of a
13witness concerning matters contained in the interception or
14recording. The Director of the Department of State Police shall
15issue regulations as are necessary concerning the use of
16devices, retention of tape recordings, and reports regarding
17their use;
18    (g-5) With approval of the State's Attorney of the county
19in which it is to occur, recording or listening with the aid of
20any device to any conversation where a law enforcement officer,
21or any person acting at the direction of law enforcement, is a
22party to the conversation and has consented to it being
23intercepted or recorded in the course of an investigation of
24any offense defined in Article 29D of this Code. In all such
25cases, an application for an order approving the previous or
26continuing use of an eavesdropping device must be made within

 

 

HB5278 Engrossed- 32 -LRB097 18978 RLC 64217 b

148 hours of the commencement of such use. In the absence of
2such an order, or upon its denial, any continuing use shall
3immediately terminate. The Director of State Police shall issue
4rules as are necessary concerning the use of devices, retention
5of tape recordings, and reports regarding their use.
6    Any recording or evidence obtained or derived in the course
7of an investigation of any offense defined in Article 29D of
8this Code shall, upon motion of the State's Attorney or
9Attorney General prosecuting any violation of Article 29D, be
10reviewed in camera with notice to all parties present by the
11court presiding over the criminal case, and, if ruled by the
12court to be relevant and otherwise admissible, it shall be
13admissible at the trial of the criminal case.
14    This subsection (g-5) is inoperative on and after January
151, 2005. No conversations recorded or monitored pursuant to
16this subsection (g-5) shall be inadmissible in a court of law
17by virtue of the repeal of this subsection (g-5) on January 1,
182005;
19    (g-6) With approval of the State's Attorney of the county
20in which it is to occur, recording or listening with the aid of
21any device to any conversation where a law enforcement officer,
22or any person acting at the direction of law enforcement, is a
23party to the conversation and has consented to it being
24intercepted or recorded in the course of an investigation of
25involuntary servitude, involuntary sexual servitude of a
26minor, trafficking in persons, trafficking in persons for

 

 

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1forced labor or services, child pornography, aggravated child
2pornography, indecent solicitation of a child, child
3abduction, luring of a minor, sexual exploitation of a child,
4predatory criminal sexual assault of a child, aggravated
5criminal sexual abuse in which the victim of the offense was at
6the time of the commission of the offense under 18 years of
7age, criminal sexual abuse by force or threat of force in which
8the victim of the offense was at the time of the commission of
9the offense under 18 years of age, or aggravated criminal
10sexual assault in which the victim of the offense was at the
11time of the commission of the offense under 18 years of age. In
12all such cases, an application for an order approving the
13previous or continuing use of an eavesdropping device must be
14made within 48 hours of the commencement of such use. In the
15absence of such an order, or upon its denial, any continuing
16use shall immediately terminate. The Director of State Police
17shall issue rules as are necessary concerning the use of
18devices, retention of recordings, and reports regarding their
19use. Any recording or evidence obtained or derived in the
20course of an investigation of involuntary servitude,
21involuntary sexual servitude of a minor, trafficking in
22persons, trafficking in persons for forced labor or services,
23child pornography, aggravated child pornography, indecent
24solicitation of a child, child abduction, luring of a minor,
25sexual exploitation of a child, predatory criminal sexual
26assault of a child, aggravated criminal sexual abuse in which

 

 

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1the victim of the offense was at the time of the commission of
2the offense under 18 years of age, criminal sexual abuse by
3force or threat of force in which the victim of the offense was
4at the time of the commission of the offense under 18 years of
5age, or aggravated criminal sexual assault in which the victim
6of the offense was at the time of the commission of the offense
7under 18 years of age shall, upon motion of the State's
8Attorney or Attorney General prosecuting any case involving
9involuntary servitude, involuntary sexual servitude of a
10minor, trafficking in persons, trafficking in persons for
11forced labor or services, child pornography, aggravated child
12pornography, indecent solicitation of a child, child
13abduction, luring of a minor, sexual exploitation of a child,
14predatory criminal sexual assault of a child, aggravated
15criminal sexual abuse in which the victim of the offense was at
16the time of the commission of the offense under 18 years of
17age, criminal sexual abuse by force or threat of force in which
18the victim of the offense was at the time of the commission of
19the offense under 18 years of age, or aggravated criminal
20sexual assault in which the victim of the offense was at the
21time of the commission of the offense under 18 years of age, be
22reviewed in camera with notice to all parties present by the
23court presiding over the criminal case, and, if ruled by the
24court to be relevant and otherwise admissible, it shall be
25admissible at the trial of the criminal case. Absent such a
26ruling, any such recording or evidence shall not be admissible

 

 

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1at the trial of the criminal case;
2    (h) Recordings made simultaneously with the use of an
3in-car video camera recording of an oral conversation between a
4uniformed peace officer, who has identified his or her office,
5and a person in the presence of the peace officer whenever (i)
6an officer assigned a patrol vehicle is conducting an
7enforcement stop; or (ii) patrol vehicle emergency lights are
8activated or would otherwise be activated if not for the need
9to conceal the presence of law enforcement.
10    For the purposes of this subsection (h), "enforcement stop"
11means an action by a law enforcement officer in relation to
12enforcement and investigation duties, including but not
13limited to, traffic stops, pedestrian stops, abandoned vehicle
14contacts, motorist assists, commercial motor vehicle stops,
15roadside safety checks, requests for identification, or
16responses to requests for emergency assistance;
17    (h-5) Recordings of utterances made by a person while in
18the presence of a uniformed peace officer and while an occupant
19of a police vehicle including, but not limited to, (i)
20recordings made simultaneously with the use of an in-car video
21camera and (ii) recordings made in the presence of the peace
22officer utilizing video or audio systems, or both, authorized
23by the law enforcement agency;
24    (h-10) Recordings made simultaneously with a video camera
25recording during the use of a taser or similar weapon or device
26by a peace officer if the weapon or device is equipped with

 

 

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1such camera;
2    (h-15) Recordings made under subsection (h), (h-5), or
3(h-10) shall be retained by the law enforcement agency that
4employs the peace officer who made the recordings for a storage
5period of 90 days, unless the recordings are made as a part of
6an arrest or the recordings are deemed evidence in any
7criminal, civil, or administrative proceeding and then the
8recordings must only be destroyed upon a final disposition and
9an order from the court. Under no circumstances shall any
10recording be altered or erased prior to the expiration of the
11designated storage period. Upon completion of the storage
12period, the recording medium may be erased and reissued for
13operational use;
14    (i) Recording of a conversation made by or at the request
15of a person, not a law enforcement officer or agent of a law
16enforcement officer, who is a party to the conversation, under
17reasonable suspicion that another party to the conversation is
18committing, is about to commit, or has committed a criminal
19offense against the person or a member of his or her immediate
20household, and there is reason to believe that evidence of the
21criminal offense may be obtained by the recording;
22    (j) The use of a telephone monitoring device by either (1)
23a corporation or other business entity engaged in marketing or
24opinion research or (2) a corporation or other business entity
25engaged in telephone solicitation, as defined in this
26subsection, to record or listen to oral telephone solicitation

 

 

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1conversations or marketing or opinion research conversations
2by an employee of the corporation or other business entity
3when:
4        (i) the monitoring is used for the purpose of service
5    quality control of marketing or opinion research or
6    telephone solicitation, the education or training of
7    employees or contractors engaged in marketing or opinion
8    research or telephone solicitation, or internal research
9    related to marketing or opinion research or telephone
10    solicitation; and
11        (ii) the monitoring is used with the consent of at
12    least one person who is an active party to the marketing or
13    opinion research conversation or telephone solicitation
14    conversation being monitored.
15    No communication or conversation or any part, portion, or
16aspect of the communication or conversation made, acquired, or
17obtained, directly or indirectly, under this exemption (j), may
18be, directly or indirectly, furnished to any law enforcement
19officer, agency, or official for any purpose or used in any
20inquiry or investigation, or used, directly or indirectly, in
21any administrative, judicial, or other proceeding, or divulged
22to any third party.
23    When recording or listening authorized by this subsection
24(j) on telephone lines used for marketing or opinion research
25or telephone solicitation purposes results in recording or
26listening to a conversation that does not relate to marketing

 

 

HB5278 Engrossed- 38 -LRB097 18978 RLC 64217 b

1or opinion research or telephone solicitation; the person
2recording or listening shall, immediately upon determining
3that the conversation does not relate to marketing or opinion
4research or telephone solicitation, terminate the recording or
5listening and destroy any such recording as soon as is
6practicable.
7    Business entities that use a telephone monitoring or
8telephone recording system pursuant to this exemption (j) shall
9provide current and prospective employees with notice that the
10monitoring or recordings may occur during the course of their
11employment. The notice shall include prominent signage
12notification within the workplace.
13    Business entities that use a telephone monitoring or
14telephone recording system pursuant to this exemption (j) shall
15provide their employees or agents with access to personal-only
16telephone lines which may be pay telephones, that are not
17subject to telephone monitoring or telephone recording.
18    For the purposes of this subsection (j), "telephone
19solicitation" means a communication through the use of a
20telephone by live operators:
21        (i) soliciting the sale of goods or services;
22        (ii) receiving orders for the sale of goods or
23    services;
24        (iii) assisting in the use of goods or services; or
25        (iv) engaging in the solicitation, administration, or
26    collection of bank or retail credit accounts.

 

 

HB5278 Engrossed- 39 -LRB097 18978 RLC 64217 b

1    For the purposes of this subsection (j), "marketing or
2opinion research" means a marketing or opinion research
3interview conducted by a live telephone interviewer engaged by
4a corporation or other business entity whose principal business
5is the design, conduct, and analysis of polls and surveys
6measuring the opinions, attitudes, and responses of
7respondents toward products and services, or social or
8political issues, or both;
9    (k) Electronic recordings, including but not limited to, a
10motion picture, videotape, digital, or other visual or audio
11recording, made of a custodial interrogation of an individual
12at a police station or other place of detention by a law
13enforcement officer under Section 5-401.5 of the Juvenile Court
14Act of 1987 or Section 103-2.1 of the Code of Criminal
15Procedure of 1963;
16    (l) Recording the interview or statement of any person when
17the person knows that the interview is being conducted by a law
18enforcement officer or prosecutor and the interview takes place
19at a police station that is currently participating in the
20Custodial Interview Pilot Program established under the
21Illinois Criminal Justice Information Act;
22    (m) An electronic recording, including but not limited to,
23a motion picture, videotape, digital, or other visual or audio
24recording, made of the interior of a school bus while the
25school bus is being used in the transportation of students to
26and from school and school-sponsored activities, when the

 

 

HB5278 Engrossed- 40 -LRB097 18978 RLC 64217 b

1school board has adopted a policy authorizing such recording,
2notice of such recording policy is included in student
3handbooks and other documents including the policies of the
4school, notice of the policy regarding recording is provided to
5parents of students, and notice of such recording is clearly
6posted on the door of and inside the school bus.
7    Recordings made pursuant to this subsection (m) shall be
8confidential records and may only be used by school officials
9(or their designees) and law enforcement personnel for
10investigations, school disciplinary actions and hearings,
11proceedings under the Juvenile Court Act of 1987, and criminal
12prosecutions, related to incidents occurring in or around the
13school bus;
14    (n) Recording or listening to an audio transmission from a
15microphone placed by a person under the authority of a law
16enforcement agency inside a bait car surveillance vehicle while
17simultaneously capturing a photographic or video image;
18    (o) The use of an eavesdropping camera or audio device
19during an ongoing hostage or barricade situation by a law
20enforcement officer or individual acting on behalf of a law
21enforcement officer when the use of such device is necessary to
22protect the safety of the general public, hostages, or law
23enforcement officers or anyone acting on their behalf; and
24    (p) Recording or listening with the aid of any device to
25incoming telephone calls of phone lines publicly listed or
26advertised as the "CPS Violence Prevention Hotline", but only

 

 

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1where the notice of recording is given at the beginning of each
2call as required by Section 34-21.8 of the School Code. The
3recordings may be retained only by the Chicago Police
4Department or other law enforcement authorities, and shall not
5be otherwise retained or disseminated.
6(Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10;
796-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff.
87-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333,
9eff. 8-12-11.)
 
10    (720 ILCS 5/36.5-5)
11    Sec. 36.5-5. Vehicle impoundment.
12    (a) In addition to any other penalty, fee or forfeiture
13provided by law, a peace officer who arrests a person for a
14violation of Section 10-9, 11-14 10-14, 11-14.1, 11-14.3,
1511-14.4, 11-18, or 11-18.1 of this Code or related municipal
16ordinance, may tow and impound any vehicle used by the person
17in the commission of the violation offense. The person arrested
18for one or more such violations shall be charged a $1,000 fee,
19to be paid to the law enforcement agency unit of government
20that made the arrest or its designated representative. The
21person may recover the vehicle from the impound after a minimum
22of 2 hours after arrest upon payment of the fee.
23    (b) $500 of the fee shall be distributed to the law
24enforcement agency unit of government whose peace officers made
25the arrest, for the costs incurred by the law enforcement

 

 

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1agency unit of government to investigate and to tow and impound
2the vehicle. Upon the defendant's conviction of one or more of
3the violations offenses in connection with which the vehicle
4was impounded and the fee imposed under this Section, the
5remaining $500 of the fee shall be deposited into the DHS State
6Projects Violent Crime Victims Assistance Fund and shall be
7used by the Department of Human Services to make grants to
8non-governmental organizations to provide services for persons
9encountered during the course of an investigation into any
10violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4,
1111-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19,
1211-19.1, or 11-19.2 of this Code, provided such persons
13constitute prostituted persons or other victims of human
14trafficking.
15    (c) Upon the presentation by the defendant of a signed
16court order showing that the defendant has been acquitted of
17all of the violations offenses in connection with which a
18vehicle was impounded and a fee imposed under this Section, or
19that the charges against the defendant for those violations
20offenses have been dismissed, the law enforcement agency unit
21of government shall refund the $1,000 fee to the defendant.
22(Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff.
231-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
 
24    Section 20. The Code of Criminal Procedure of 1963 is
25amended by changing the heading of Part 300 of Article 124B and

 

 

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1Sections 108B-3, 116-2.1, 124B-10, 124B-100, and 124B-305 as
2follows:
 
3    (725 ILCS 5/108B-3)  (from Ch. 38, par. 108B-3)
4    Sec. 108B-3. Authorization for the interception of private
5communication.
6    (a) The State's Attorney, or a person designated in writing
7or by law to act for him and to perform his duties during his
8absence or disability, may authorize, in writing, an ex parte
9application to the chief judge of a court of competent
10jurisdiction for an order authorizing the interception of a
11private communication when no party has consented to the
12interception and (i) the interception may provide evidence of,
13or may assist in the apprehension of a person who has
14committed, is committing or is about to commit, a violation of
15Section 8-1(b) (solicitation of murder), 8-1.2 (solicitation
16of murder for hire), 9-1 (first degree murder), 10-9
17(involuntary servitude, involuntary sexual servitude of a
18minor, trafficking in persons, or trafficking in persons for
19forced labor or services), 11-15.1 (soliciting for a minor
20engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping
21a place of juvenile prostitution), 11-18.1 (patronizing a minor
22engaged in prostitution), 11-19.1 (juvenile pimping and
23aggravated juvenile pimping), or 29B-1 (money laundering) of
24the Criminal Code of 1961, Section 401, 401.1 (controlled
25substance trafficking), 405, 405.1 (criminal drug conspiracy)

 

 

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1or 407 of the Illinois Controlled Substances Act or any Section
2of the Methamphetamine Control and Community Protection Act, a
3violation of Section 24-2.1, 24-2.2, 24-3, 24-3.1, 24-3.3,
424-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
524-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the
6Criminal Code of 1961 or conspiracy to commit money laundering
7or conspiracy to commit first degree murder; (ii) in response
8to a clear and present danger of imminent death or great bodily
9harm to persons resulting from: (1) a kidnapping or the holding
10of a hostage by force or the threat of the imminent use of
11force; or (2) the occupation by force or the threat of the
12imminent use of force of any premises, place, vehicle, vessel
13or aircraft; (iii) to aid an investigation or prosecution of a
14civil action brought under the Illinois Streetgang Terrorism
15Omnibus Prevention Act when there is probable cause to believe
16the interception of the private communication will provide
17evidence that a streetgang is committing, has committed, or
18will commit a second or subsequent gang-related offense or that
19the interception of the private communication will aid in the
20collection of a judgment entered under that Act; or (iv) upon
21information and belief that a streetgang has committed, is
22committing, or is about to commit a felony.
23    (b) The State's Attorney or a person designated in writing
24or by law to act for the State's Attorney and to perform his or
25her duties during his or her absence or disability, may
26authorize, in writing, an ex parte application to the chief

 

 

HB5278 Engrossed- 45 -LRB097 18978 RLC 64217 b

1judge of a circuit court for an order authorizing the
2interception of a private communication when no party has
3consented to the interception and the interception may provide
4evidence of, or may assist in the apprehension of a person who
5has committed, is committing or is about to commit, a violation
6of an offense under Article 29D of the Criminal Code of 1961.
7    (b-1) Subsection (b) is inoperative on and after January 1,
82005.
9    (b-2) No conversations recorded or monitored pursuant to
10subsection (b) shall be made inadmissible in a court of law by
11virtue of subsection (b-1).
12    (c) As used in this Section, "streetgang" and
13"gang-related" have the meanings ascribed to them in Section 10
14of the Illinois Streetgang Terrorism Omnibus Prevention Act.
15(Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10;
1696-1464, eff. 8-20-10.)
 
17    (725 ILCS 5/116-2.1)
18    Sec. 116-2.1. Motion to vacate prostitution convictions
19for sex trafficking victims.
20    (a) A motion under this Section may be filed at any time
21following the entry of a verdict or finding of guilty where the
22conviction was under Section 11-14 (prostitution) or Section
2311-14.2 (first offender; felony prostitution) of the Criminal
24Code of 1961 or a similar local ordinance and the defendant's
25participation in the offense was a result of having been a

 

 

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1trafficking victim under Section 10-9 (involuntary servitude,
2involuntary sexual servitude of a minor, trafficking in
3persons, or trafficking in persons for forced labor or
4services) of the Criminal Code of 1961; or a victim of a severe
5form of trafficking under the federal Trafficking Victims
6Protection Act (22 U.S.C. Section 7102(13)); provided that:
7        (1) a motion under this Section shall state why the
8    facts giving rise to this motion were not presented to the
9    trial court, and shall be made with due diligence, after
10    the defendant has ceased to be a victim of such trafficking
11    or has sought services for victims of such trafficking,
12    subject to reasonable concerns for the safety of the
13    defendant, family members of the defendant, or other
14    victims of such trafficking that may be jeopardized by the
15    bringing of such motion, or for other reasons consistent
16    with the purpose of this Section; and
17        (2) reasonable notice of the motion shall be served
18    upon the State.
19    (b) The court may grant the motion if, in the discretion of
20the court, the violation was a result of the defendant having
21been a victim of human trafficking. Evidence of such may
22include, but is not limited to:
23        (1) certified records of federal or State court
24    proceedings which demonstrate that the defendant was a
25    victim of a trafficker charged with a trafficking offense
26    under Section 10-9 of the Criminal Code of 1961 or under 22

 

 

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1    U.S.C. Chapter 78;
2        (2) certified records of "approval notices" or "law
3    enforcement certifications" generated from federal
4    immigration proceedings available to such victims; or
5        (3) a sworn statement from a trained professional staff
6    of a victim services organization, an attorney, a member of
7    the clergy, or a medical or other professional from whom
8    the defendant has sought assistance in addressing the
9    trauma associated with being trafficked.
10    Alternatively, the court may consider such other evidence
11as it deems of sufficient credibility and probative value in
12determining whether the defendant is a trafficking victim or
13victim of a severe form of trafficking.
14    (c) If the court grants a motion under this Section, it
15must vacate the conviction and may take such additional action
16as is appropriate in the circumstances.
17(Source: P.A. 97-267, eff. 1-1-12.)
 
18    (725 ILCS 5/124B-10)
19    Sec. 124B-10. Applicability; offenses. This Article
20applies to forfeiture of property in connection with the
21following:
22        (1) A violation of Section 10-9 or 10A-10 of the
23    Criminal Code of 1961 (involuntary servitude; involuntary
24    servitude of a minor; trafficking in persons; trafficking
25    of persons for forced labor or services).

 

 

HB5278 Engrossed- 48 -LRB097 18978 RLC 64217 b

1        (2) A violation of subdivision (a)(1) of Section
2    11-14.4 of the Criminal Code of 1961 (promoting juvenile
3    prostitution) or a violation of Section 11-17.1 of the
4    Criminal Code of 1961 (keeping a place of juvenile
5    prostitution).
6        (3) A violation of subdivision (a)(4) of Section
7    11-14.4 of the Criminal Code of 1961 (promoting juvenile
8    prostitution) or a violation of Section 11-19.2 of the
9    Criminal Code of 1961 (exploitation of a child).
10        (4) A violation of Section 11-20 of the Criminal Code
11    of 1961 (obscenity).
12        (5) A second or subsequent violation of Section 11-20.1
13    of the Criminal Code of 1961 (child pornography).
14        (6) A violation of Section 11-20.1B or 11-20.3 of the
15    Criminal Code of 1961 (aggravated child pornography).
16        (7) A violation of Section 16D-5 of the Criminal Code
17    of 1961 (computer fraud).
18        (8) A felony violation of Article 17B of the Criminal
19    Code of 1961 (WIC fraud).
20        (9) A felony violation of Section 26-5 of the Criminal
21    Code of 1961 (dog fighting).
22        (10) A violation of Article 29D of the Criminal Code of
23    1961 (terrorism).
24        (11) A felony violation of Section 4.01 of the Humane
25    Care for Animals Act (animals in entertainment).
26(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 

 

 

HB5278 Engrossed- 49 -LRB097 18978 RLC 64217 b

1    (725 ILCS 5/124B-100)
2    Sec. 124B-100. Definition; "offense". For purposes of this
3Article, "offense" is defined as follows:
4        (1) In the case of forfeiture authorized under Section
5    10A-15 of the Criminal Code of 1961, "offense" means the
6    offense of involuntary servitude, involuntary servitude of
7    a minor, trafficking in persons, or trafficking of persons
8    for forced labor or services in violation of Section 10-9
9    or 10A-10 of that Code.
10        (2) In the case of forfeiture authorized under
11    subdivision (a)(1) of Section 11-14.4, or Section 11-17.1,
12    of the Criminal Code of 1961, "offense" means the offense
13    of promoting juvenile prostitution or keeping a place of
14    juvenile prostitution in violation of subdivision (a)(1)
15    of Section 11-14.4, or Section 11-17.1, of that Code.
16        (3) In the case of forfeiture authorized under
17    subdivision (a)(4) of Section 11-14.4, or Section 11-19.2,
18    of the Criminal Code of 1961, "offense" means the offense
19    of promoting juvenile prostitution or exploitation of a
20    child in violation of subdivision (a)(4) of Section
21    11-14.4, or Section 11-19.2, of that Code.
22        (4) In the case of forfeiture authorized under Section
23    11-20 of the Criminal Code of 1961, "offense" means the
24    offense of obscenity in violation of that Section.
25        (5) In the case of forfeiture authorized under Section

 

 

HB5278 Engrossed- 50 -LRB097 18978 RLC 64217 b

1    11-20.1 of the Criminal Code of 1961, "offense" means the
2    offense of child pornography in violation of Section
3    11-20.1 of that Code.
4        (6) In the case of forfeiture authorized under Section
5    11-20.1B or 11-20.3 of the Criminal Code of 1961, "offense"
6    means the offense of aggravated child pornography in
7    violation of Section 11-20.1B or 11-20.3 of that Code.
8        (7) In the case of forfeiture authorized under Section
9    16D-6 of the Criminal Code of 1961, "offense" means the
10    offense of computer fraud in violation of Section 16D-5 of
11    that Code.
12        (8) In the case of forfeiture authorized under Section
13    17B-25 of the Criminal Code of 1961, "offense" means any
14    felony violation of Article 17B of that Code.
15        (9) In the case of forfeiture authorized under Section
16    29D-65 of the Criminal Code of 1961, "offense" means any
17    offense under Article 29D of that Code.
18        (10) In the case of forfeiture authorized under Section
19    4.01 of the Humane Care for Animals Act or Section 26-5 of
20    the Criminal Code of 1961, "offense" means any felony
21    offense under either of those Sections.
22(Source: P.A. 96-712, eff. 1-1-10; 96-1551, eff. 7-1-11.)
 
23    (725 ILCS 5/Art. 124B Pt. 300 heading)
24
Part 300. Forfeiture; Involuntary Servitude
25
and Trafficking in of Persons

 

 

HB5278 Engrossed- 51 -LRB097 18978 RLC 64217 b

1(Source: P.A. 96-712, eff. 1-1-10.)
 
2    (725 ILCS 5/124B-305)
3    Sec. 124B-305. Distribution of property and sale proceeds.
4All moneys and the sale proceeds of all other property
5forfeited and seized under this Part 300 shall be distributed
6as follows:
7        (1) 50% shall be divided equally between all State
8    agencies and units of local government whose officers or
9    employees conducted the investigation that resulted in the
10    forfeiture.
11        (2) 50% shall be deposited into the Violent Crime
12    Victims Assistance Fund and targeted to services for
13    victims of the offenses of involuntary servitude,
14    involuntary servitude of a minor, trafficking in persons,
15    and trafficking of persons for forced labor or services.
16(Source: P.A. 96-712, eff. 1-1-10.)
 
17    Section 25. The Predator Accountability Act is amended by
18changing Section 10 as follows:
 
19    (740 ILCS 128/10)
20    Sec. 10. Definitions. As used in this Act:
21    "Sex trade" means any act, which if proven beyond a
22reasonable doubt could support a conviction for a violation or
23attempted violation of any of the following Sections of the

 

 

HB5278 Engrossed- 52 -LRB097 18978 RLC 64217 b

1Criminal Code of 1961: 11-14.3 (promoting prostitution);
211-14.4 (promoting juvenile prostitution); 11-15 (soliciting
3for a prostitute); 11-15.1 (soliciting for a juvenile
4prostitute); 11-16 (pandering); 11-17 (keeping a place of
5prostitution); 11-17.1 (keeping a place of juvenile
6prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and
7aggravated juvenile pimping); 11-19.2 (exploitation of a
8child); 11-20 (obscenity); 11-20.1 (child pornography); or
911-20.1B or 11-20.3 (aggravated child pornography); or Section
1010-9 of the Criminal Code of 1961 (trafficking in of persons
11and involuntary servitude).
12    "Sex trade" activity may involve adults and youth of all
13genders and sexual orientations.
14    "Victim of the sex trade" means, for the following sex
15trade acts, the person or persons indicated:
16        (1) soliciting for a prostitute: the prostitute who is
17    the object of the solicitation;
18        (2) soliciting for a juvenile prostitute: the juvenile
19    prostitute, or severely or profoundly intellectually
20    disabled person, who is the object of the solicitation;
21        (3) promoting prostitution as described in subdivision
22    (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal
23    Code of 1961, or pandering: the person intended or
24    compelled to act as a prostitute;
25        (4) keeping a place of prostitution: any person
26    intended or compelled to act as a prostitute, while present

 

 

HB5278 Engrossed- 53 -LRB097 18978 RLC 64217 b

1    at the place, during the time period in question;
2        (5) keeping a place of juvenile prostitution: any
3    juvenile intended or compelled to act as a prostitute,
4    while present at the place, during the time period in
5    question;
6        (6) promoting prostitution as described in subdivision
7    (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961,
8    or pimping: the prostitute from whom anything of value is
9    received;
10        (7) promoting juvenile prostitution as described in
11    subdivision (a)(2) or (a)(3) of Section 11-14.4 of the
12    Criminal Code of 1961, or juvenile pimping and aggravated
13    juvenile pimping: the juvenile, or severely or profoundly
14    intellectually disabled person, from whom anything of
15    value is received for that person's act of prostitution;
16        (8) promoting juvenile prostitution as described in
17    subdivision (a)(4) of Section 11-14.4 of the Criminal Code
18    of 1961, or exploitation of a child: the juvenile, or
19    severely or profoundly intellectually disabled person,
20    intended or compelled to act as a prostitute or from whom
21    anything of value is received for that person's act of
22    prostitution;
23        (9) obscenity: any person who appears in or is
24    described or depicted in the offending conduct or material;
25        (10) child pornography or aggravated child
26    pornography: any child, or severely or profoundly

 

 

HB5278 Engrossed- 54 -LRB097 18978 RLC 64217 b

1    intellectually disabled person, who appears in or is
2    described or depicted in the offending conduct or material;
3    or
4        (11) trafficking of persons or involuntary servitude:
5    a "trafficking victim" as defined in Section 10-9 of the
6    Criminal Code of 1961.
7(Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11;
897-227, eff. 1-1-12; revised 9-15-11.)