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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 Abused and Neglected Child Reporting Act is | ||||||
5 | amended by changing Section 3 as follows: | ||||||
6 | (325 ILCS 5/3) (from Ch. 23, par. 2053) | ||||||
7 | Sec. 3. As used in this Act unless the context otherwise | ||||||
8 | requires: | ||||||
9 | "Adult resident" means any person between 18 and 22 years | ||||||
10 | of age who resides in any facility licensed by the Department | ||||||
11 | under the Child Care Act of 1969. For purposes of this Act, the | ||||||
12 | criteria set forth in the definitions of "abused child" and | ||||||
13 | "neglected child" shall be used in determining whether an adult | ||||||
14 | resident is abused or neglected. | ||||||
15 | "Child" means any person under the age of 18 years, unless | ||||||
16 | legally
emancipated by reason of marriage or entry into a | ||||||
17 | branch of the United
States armed services. | ||||||
18 | "Department" means Department of Children and Family | ||||||
19 | Services. | ||||||
20 | "Local law enforcement agency" means the police of a city, | ||||||
21 | town,
village or other incorporated area or the sheriff of an | ||||||
22 | unincorporated
area or any sworn officer of the Illinois | ||||||
23 | Department of State Police. |
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1 | "Abused child"
means a child whose parent or immediate | ||||||
2 | family
member,
or any person responsible for the child's | ||||||
3 | welfare, or any individual
residing in the same home as the | ||||||
4 | child, 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, or 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 | ||||||
16 | that the child
has been relinquished in accordance with the | ||||||
17 | Abandoned Newborn Infant
Protection Act. | ||||||
18 | "Neglected child" means any child who is not receiving the | ||||||
19 | proper or
necessary nourishment or medically indicated | ||||||
20 | treatment including food or care
not provided solely on the | ||||||
21 | basis of the present or anticipated mental or
physical | ||||||
22 | impairment as determined by a physician acting alone or in
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23 | consultation with other physicians or otherwise is not | ||||||
24 | receiving the proper or
necessary support or medical or other | ||||||
25 | remedial care recognized under State law
as necessary for a | ||||||
26 | child's well-being, or other care necessary for his or her
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1 | well-being, including adequate food, clothing and shelter; or | ||||||
2 | who is abandoned
by his or her parents or other person | ||||||
3 | responsible for the child's welfare
without a proper plan of | ||||||
4 | care; or who has been provided with interim crisis intervention | ||||||
5 | services under
Section 3-5 of
the Juvenile Court Act of 1987 | ||||||
6 | and whose parent, guardian, or custodian refuses to
permit
the | ||||||
7 | child to return home and no other living arrangement agreeable
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8 | to the parent, guardian, or custodian can be made, and the | ||||||
9 | parent, guardian, or custodian has not made any other | ||||||
10 | appropriate living arrangement for the child; or who is a | ||||||
11 | newborn infant whose blood, urine,
or meconium
contains any | ||||||
12 | amount of a controlled substance as defined in subsection (f) | ||||||
13 | of
Section 102 of the Illinois Controlled Substances Act or a | ||||||
14 | metabolite thereof,
with the exception of a controlled | ||||||
15 | substance or metabolite thereof whose
presence in the newborn | ||||||
16 | infant is the result of medical treatment administered
to the | ||||||
17 | mother or the newborn infant. A child shall not be considered | ||||||
18 | neglected
for the sole reason that the child's parent or other | ||||||
19 | person responsible for his
or her welfare has left the child in | ||||||
20 | the care of an adult relative for any
period of time. A child | ||||||
21 | shall not be considered neglected for the sole reason
that the | ||||||
22 | child has been relinquished in accordance with the Abandoned | ||||||
23 | Newborn
Infant Protection Act. A child shall not be considered | ||||||
24 | neglected or abused
for the
sole reason that such child's | ||||||
25 | parent or other person responsible for his or her
welfare | ||||||
26 | depends upon spiritual means through prayer alone for the |
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| |||||||
1 | treatment or
cure of disease or remedial care as provided under | ||||||
2 | Section 4 of this Act. A
child shall not be considered | ||||||
3 | neglected or abused solely because the child is
not attending | ||||||
4 | school in accordance with the requirements of Article 26 of The
| ||||||
5 | School Code, as amended. | ||||||
6 | "Child Protective Service Unit" means certain specialized | ||||||
7 | State employees of
the Department assigned by the Director to | ||||||
8 | perform the duties and
responsibilities as provided under | ||||||
9 | Section 7.2 of this Act. | ||||||
10 | "Person responsible for the child's welfare" means the | ||||||
11 | child's parent;
guardian; foster parent; relative caregiver; | ||||||
12 | any person responsible for the
child's welfare in a public or | ||||||
13 | private residential agency or institution; any
person | ||||||
14 | responsible for the child's welfare within a public or private | ||||||
15 | profit or
not for profit child care facility; or any other | ||||||
16 | person responsible for the
child's welfare at the time of the | ||||||
17 | alleged abuse or neglect, or any person who
came to know the | ||||||
18 | child through an official capacity or position of trust,
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19 | including but not limited to health care professionals, | ||||||
20 | educational personnel,
recreational supervisors, members of | ||||||
21 | the clergy, and volunteers or
support personnel in any setting
| ||||||
22 | where children may be subject to abuse or neglect. | ||||||
23 | "Temporary protective custody" means custody within a | ||||||
24 | hospital or
other medical facility or a place previously | ||||||
25 | designated for such custody
by the Department, subject to | ||||||
26 | review by the Court, including a licensed
foster home, group |
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1 | home, or other institution; but such place shall not
be a jail | ||||||
2 | or other place for the detention of criminal or juvenile | ||||||
3 | offenders. | ||||||
4 | "An unfounded report" means any report made under this Act | ||||||
5 | for which
it is determined after an investigation that no | ||||||
6 | credible evidence of
abuse or neglect exists. | ||||||
7 | "An indicated report" means a report made under this Act if | ||||||
8 | an
investigation determines that credible evidence of the | ||||||
9 | alleged
abuse or neglect exists. | ||||||
10 | "An undetermined report" means any report made under this | ||||||
11 | Act in
which it was not possible to initiate or complete an | ||||||
12 | investigation on
the basis of information provided to the | ||||||
13 | Department. | ||||||
14 | "Subject of report" means any child reported to the central | ||||||
15 | register
of child abuse and neglect established under Section | ||||||
16 | 7.7 of this Act as an alleged victim of child abuse or neglect | ||||||
17 | and
the parent or guardian of the alleged victim or other | ||||||
18 | person responsible for the alleged victim's welfare who is | ||||||
19 | named in the report or added to the report as an alleged | ||||||
20 | perpetrator of child abuse or neglect. | ||||||
21 | "Perpetrator" means a person who, as a result of | ||||||
22 | investigation, has
been determined by the Department to have | ||||||
23 | caused child abuse or neglect. | ||||||
24 | "Member of the clergy" means a clergyman or practitioner of | ||||||
25 | any religious
denomination accredited by the religious body to | ||||||
26 | which he or she belongs. |
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1 | (Source: P.A. 96-1196, eff. 1-1-11; 96-1446, eff. 8-20-10; | ||||||
2 | 96-1464, eff. 8-20-10; 97-333, eff. 8-12-11.) | ||||||
3 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
4 | changing 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
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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
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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.
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22 | Whether the minor was left without regard for the mental or | ||||||
23 | physical health,
safety, or welfare of that minor or the period | ||||||
24 | of time was unreasonable shall
be determined by considering the | ||||||
25 | following 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 | ||||||
14 | reason that the
minor has been relinquished in accordance with | ||||||
15 | the Abandoned Newborn Infant
Protection Act. | ||||||
16 | (2) Those who are abused include any minor under 18 years | ||||||
17 | of age whose
parent or immediate family member, or any person | ||||||
18 | responsible
for the minor's welfare, or any person who is in | ||||||
19 | the same family or household
as the minor, or any individual | ||||||
20 | residing in the same home as the minor, or
a paramour of the | ||||||
21 | minor'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, or trafficking in persons as or trafficking in | ||||||
17 | persons for forced labor or services defined in Section | ||||||
18 | 10-9 of the 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 | ||||||
24 | that the minor
has been relinquished in accordance with the | ||||||
25 | Abandoned Newborn Infant
Protection Act. | ||||||
26 | (3) This Section does not apply to a minor who would be |
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| |||||||
1 | included
herein solely for the purpose of qualifying for | ||||||
2 | financial assistance for
himself, his parents, guardian or | ||||||
3 | custodian. | ||||||
4 | (Source: P.A. 95-443, eff. 1-1-08; 96-168, eff. 8-10-09; | ||||||
5 | 96-1464, 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 | ||||||
9 | consider only the
question whether the minor is abused, | ||||||
10 | neglected or dependent. The standard of
proof and the rules of | ||||||
11 | evidence in the nature of civil proceedings in this
State are | ||||||
12 | applicable to proceedings under this Article. If the petition | ||||||
13 | also
seeks the appointment of a guardian of the person with
| ||||||
14 | power to consent to adoption of the minor under Section 2-29, | ||||||
15 | the court may
also consider legally admissible evidence at the | ||||||
16 | adjudicatory hearing that one
or more grounds of unfitness | ||||||
17 | exists under subdivision D of Section 1 of the
Adoption Act. | ||||||
18 | (2) In any hearing under this Act, the following shall | ||||||
19 | constitute prima
facie evidence of abuse or neglect, as the | ||||||
20 | case 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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | involuntary servitude, involuntary sexual servitude of a | ||||||
2 | minor, or trafficking in persons as or trafficking in | ||||||
3 | persons for forced labor or services defined in Section | ||||||
4 | 10-9 of the Criminal Code of 1961, upon such minor, | ||||||
5 | constitutes prima facie evidence of abuse and neglect. | ||||||
6 | (3) In any hearing under this Act, proof of the abuse, | ||||||
7 | neglect or dependency
of one minor shall be admissible evidence | ||||||
8 | on the issue of the abuse, neglect or
dependency of any other | ||||||
9 | minor for whom the respondent is responsible. | ||||||
10 | (4) (a) Any writing, record, photograph or x-ray of any | ||||||
11 | hospital or public
or private agency, whether in the form of an | ||||||
12 | entry in a book or otherwise,
made as a memorandum or record of | ||||||
13 | any condition, act, transaction, occurrence
or event relating | ||||||
14 | to a minor in an abuse, neglect or
dependency proceeding, shall | ||||||
15 | be
admissible in evidence as proof of that condition, act, | ||||||
16 | transaction, occurrence
or event, if the court finds that the | ||||||
17 | document was made in the regular course
of the business of the | ||||||
18 | hospital or agency and that it was in the regular
course of | ||||||
19 | such business to make it, at the time of the act, transaction,
| ||||||
20 | occurrence or event, or within a reasonable time thereafter. A | ||||||
21 | certification
by the head or responsible employee of the | ||||||
22 | hospital or agency that the writing,
record, photograph or | ||||||
23 | x-ray is the full and complete record of the condition,
act, | ||||||
24 | transaction, occurrence or event and that it satisfies the | ||||||
25 | conditions
of this paragraph shall be prima facie evidence of | ||||||
26 | the facts contained in
such certification. A certification by |
| |||||||
| |||||||
1 | someone other than the head of the
hospital or agency shall be | ||||||
2 | accompanied by a photocopy of a delegation of
authority signed | ||||||
3 | by both the head of the hospital or agency and by such
other | ||||||
4 | employee. All other circumstances of the making of the | ||||||
5 | memorandum,
record, photograph or x-ray, including lack of | ||||||
6 | personal knowledge of the
maker, may be proved to affect the | ||||||
7 | weight to be accorded such evidence,
but shall not affect its | ||||||
8 | admissibility. | ||||||
9 | (b) Any indicated report filed pursuant to the Abused and | ||||||
10 | Neglected Child
Reporting Act shall be admissible in evidence. | ||||||
11 | (c) Previous statements made by the minor relating to any | ||||||
12 | allegations
of abuse or neglect shall be admissible in | ||||||
13 | evidence. However, no such
statement, if uncorroborated and not | ||||||
14 | subject to cross-examination, shall be
sufficient in itself to | ||||||
15 | support a finding of abuse or neglect. | ||||||
16 | (d) There shall be a rebuttable presumption that a minor is | ||||||
17 | competent
to testify in abuse or neglect proceedings. The court | ||||||
18 | shall determine how
much weight to give to the minor's | ||||||
19 | testimony, and may allow the minor to
testify in chambers with | ||||||
20 | only the court, the court reporter and attorneys
for the | ||||||
21 | parties present. | ||||||
22 | (e) The privileged character of communication between any | ||||||
23 | professional
person and patient or client, except privilege | ||||||
24 | between attorney and client,
shall not apply to proceedings | ||||||
25 | subject to this Article. | ||||||
26 | (f) Proof of the impairment of emotional health or |
| |||||||
| |||||||
1 | impairment of mental
or emotional condition as a result of the | ||||||
2 | failure of the respondent to exercise
a minimum degree of care | ||||||
3 | toward a minor may include competent opinion or
expert | ||||||
4 | testimony, and may include proof that such impairment lessened | ||||||
5 | during
a period when the minor was in the care, custody or | ||||||
6 | supervision of a person
or agency other than the respondent. | ||||||
7 | (5) In any hearing under this Act alleging neglect for | ||||||
8 | failure to
provide education as required by law under | ||||||
9 | subsection (1) of Section 2-3,
proof that a minor under 13 | ||||||
10 | years of age who is subject to compulsory
school attendance | ||||||
11 | under the School Code is a chronic truant as defined
under the | ||||||
12 | School Code shall be prima facie evidence of neglect by the
| ||||||
13 | parent or guardian in any hearing under this Act and proof that | ||||||
14 | a minor who
is 13 years of age or older who is subject to | ||||||
15 | compulsory school attendance
under the School Code is a chronic | ||||||
16 | truant shall raise a rebuttable
presumption of neglect by the | ||||||
17 | parent or guardian. This subsection (5)
shall not apply in | ||||||
18 | counties with 2,000,000 or more inhabitants. | ||||||
19 | (6) In any hearing under this Act, the court may take | ||||||
20 | judicial notice of
prior sworn testimony or evidence admitted | ||||||
21 | in prior proceedings involving
the same minor if (a) the | ||||||
22 | parties were either represented by counsel at such
prior | ||||||
23 | proceedings or the right to counsel was knowingly waived and | ||||||
24 | (b) the
taking of judicial notice would not result in admitting | ||||||
25 | hearsay evidence at a
hearing where it would otherwise be | ||||||
26 | prohibited. |
| |||||||
| |||||||
1 | (Source: P.A. 96-1464, eff. 8-20-10.) | ||||||
2 | Section 15. The Criminal Code of 1961 is amended by | ||||||
3 | changing 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 | ||||||
6 | prosecution
must be commenced under the provisions of Section | ||||||
7 | 3-5 or other applicable
statute is extended under the following | ||||||
8 | conditions:
| ||||||
9 | (a) A prosecution for theft involving a breach of a | ||||||
10 | fiduciary obligation
to the aggrieved person may be commenced | ||||||
11 | as 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 |
| |||||||
| |||||||
1 | otherwise
applicable.
| ||||||
2 | (b) A prosecution for any offense based upon misconduct in | ||||||
3 | office by a
public officer or employee may be commenced within | ||||||
4 | one year after discovery
of the offense by a person having a | ||||||
5 | legal duty to report such offense, or
in the absence of such | ||||||
6 | discovery, within one year after the proper
prosecuting officer | ||||||
7 | becomes aware of the offense. However, in no such case
is the | ||||||
8 | period of limitation so extended more than 3 years beyond the
| ||||||
9 | expiration of the period otherwise applicable.
| ||||||
10 | (b-5) When the victim is under 18 years of age at the time | ||||||
11 | of the offense, a prosecution for involuntary servitude, | ||||||
12 | involuntary sexual servitude of a minor, or trafficking in | ||||||
13 | persons and related offenses under Section 10-9 of this Code | ||||||
14 | may be commenced within one year of the victim attaining the | ||||||
15 | age of 18 years. However, in no such case shall the time period | ||||||
16 | for prosecution expire sooner than 3 years after the commission | ||||||
17 | of the offense. | ||||||
18 | (c) (Blank).
| ||||||
19 | (d) A prosecution for child pornography, aggravated child | ||||||
20 | pornography, indecent
solicitation of a
child, soliciting for a | ||||||
21 | juvenile prostitute, juvenile pimping,
exploitation of a | ||||||
22 | child, or promoting juvenile prostitution except for keeping a | ||||||
23 | place of juvenile prostitution may be commenced within one year | ||||||
24 | of the victim
attaining the age of 18 years. However, in no | ||||||
25 | such case shall the time
period for prosecution expire sooner | ||||||
26 | than 3 years after the commission of
the offense. When the |
| |||||||
| |||||||
1 | victim is under 18 years of age, a prosecution for
criminal
| ||||||
2 | sexual abuse may be commenced within
one year of the victim | ||||||
3 | attaining the age of 18 years. However, in no such
case shall | ||||||
4 | the time period for prosecution expire sooner than 3 years | ||||||
5 | after
the commission of the offense.
| ||||||
6 | (e) Except as otherwise provided in subdivision (j), a | ||||||
7 | prosecution for
any offense involving sexual conduct or sexual
| ||||||
8 | penetration, as defined in Section 11-0.1 of this Code, where | ||||||
9 | the defendant
was within a professional or fiduciary | ||||||
10 | relationship or a purported
professional or fiduciary | ||||||
11 | relationship with the victim at the
time of the commission of | ||||||
12 | the offense may be commenced within one year
after the | ||||||
13 | discovery of the offense by the victim.
| ||||||
14 | (f) A prosecution for any offense set forth in Section 44
| ||||||
15 | of the "Environmental Protection Act", approved June 29, 1970, | ||||||
16 | as amended,
may be commenced within 5 years after the discovery | ||||||
17 | of such
an offense by a person or agency having the legal duty | ||||||
18 | to report the
offense or in the absence of such discovery, | ||||||
19 | within 5 years
after the proper prosecuting officer becomes | ||||||
20 | aware of the offense.
| ||||||
21 | (f-5) A prosecution for any offense set forth in Section | ||||||
22 | 16-30 of this Code may be commenced within 5 years after the | ||||||
23 | discovery 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 |
| |||||||
| |||||||
1 | prosecution for
criminal sexual assault, aggravated criminal
| ||||||
2 | sexual assault, or aggravated criminal sexual abuse may be | ||||||
3 | commenced within 10
years of the commission of the offense if | ||||||
4 | the victim reported the offense to
law enforcement authorities | ||||||
5 | within 3 years after the commission of the offense.
| ||||||
6 | Nothing in this subdivision (i) shall be construed to
| ||||||
7 | shorten a period within which a prosecution must be commenced | ||||||
8 | under any other
provision of this Section.
| ||||||
9 | (j) When the victim is under 18 years of age at the time of | ||||||
10 | the offense, a
prosecution
for criminal sexual assault, | ||||||
11 | aggravated criminal sexual assault, predatory
criminal sexual | ||||||
12 | assault of a child, aggravated criminal sexual abuse, or felony | ||||||
13 | criminal sexual abuse, or a
prosecution for failure of a person | ||||||
14 | who is required to report an alleged
or suspected commission of | ||||||
15 | any of these offenses under the Abused and Neglected
Child | ||||||
16 | Reporting Act may be
commenced within 20 years after the child | ||||||
17 | victim attains 18
years of age. When the victim is under 18 | ||||||
18 | years of age at the time of the offense, a
prosecution
for | ||||||
19 | misdemeanor criminal sexual abuse may be
commenced within 10 | ||||||
20 | years after the child victim attains 18
years of age.
| ||||||
21 | Nothing in this subdivision (j) shall be construed to
| ||||||
22 | shorten a period within which a prosecution must be commenced | ||||||
23 | under any other
provision of this Section.
| ||||||
24 | (k) A prosecution for theft involving real property | ||||||
25 | exceeding $100,000 in value under Section 16-1, identity theft | ||||||
26 | under subsection (a) of Section 16-30, aggravated identity |
| |||||||
| |||||||
1 | theft under subsection (b) of Section 16-30, or any offense set | ||||||
2 | forth in Article 16H or Section 17-10.6 may be commenced within | ||||||
3 | 7 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 | ||||||
5 | 1035, eff. 7-1-11; 96-1551, Article 10, Section 10-140, eff. | ||||||
6 | 7-1-11; 97-597, eff. 1-1-12.) | ||||||
7 | (720 ILCS 5/10-9) | ||||||
8 | Sec. 10-9. Trafficking in persons, involuntary servitude, | ||||||
9 | and 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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 | ||||||
15 | involuntary servitude when he or she knowingly subjects, | ||||||
16 | attempts to subject, or engages in a conspiracy to subject | ||||||
17 | another person to forced labor or services obtained or | ||||||
18 | maintained through any of the following means, or any | ||||||
19 | 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, |
| |||||||
| |||||||
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) | ||||||
15 | is 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 | ||||||
17 | commits the offense of involuntary sexual servitude of a minor | ||||||
18 | when he or she knowingly recruits, entices, harbors, | ||||||
19 | transports, provides, or obtains by any means, or attempts to | ||||||
20 | recruit, entice, harbor, provide, or obtain by any means, | ||||||
21 | another person under 18 years of age, knowing that the minor | ||||||
22 | will engage in commercial sexual activity, a sexually-explicit | ||||||
23 | performance, or the production of pornography, or causes or | ||||||
24 | attempts to cause a minor to engage in one or more of those | ||||||
25 | activities and: | ||||||
26 | (1) there is no overt force or threat and the minor is |
| |||||||
| |||||||
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 | ||||||
9 | person commits the offense of trafficking in persons for forced | ||||||
10 | labor or services when he or she knowingly: (1) recruits, | ||||||
11 | entices, harbors, transports, provides, or obtains by any | ||||||
12 | means, or attempts to recruit, entice, harbor, transport, | ||||||
13 | provide, or obtain by any means, another person, intending or | ||||||
14 | knowing that the person will be subjected to involuntary | ||||||
15 | servitude forced labor or services ; or (2) benefits, | ||||||
16 | financially or by receiving anything of value, from | ||||||
17 | participation in a venture that has engaged in an act of | ||||||
18 | involuntary servitude or involuntary sexual servitude of a | ||||||
19 | minor. | ||||||
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 | ||||||
23 | involving kidnapping or an attempt to kidnap, aggravated | ||||||
24 | criminal sexual assault or an attempt to commit aggravated | ||||||
25 | criminal sexual assault, or an attempt to commit first degree | ||||||
26 | murder is a Class X felony. |
| |||||||
| |||||||
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 | ||||||
17 | Section. In addition to any other amount of loss identified, | ||||||
18 | the court shall order restitution including the greater of (1) | ||||||
19 | the gross income or value to the defendant of the victim's | ||||||
20 | labor or services or (2) the value of the victim's labor as | ||||||
21 | guaranteed under the Minimum Wage Law and overtime provisions | ||||||
22 | of the Fair Labor Standards Act (FLSA) or the Minimum Wage Law, | ||||||
23 | whichever is greater. | ||||||
24 | (h) Trafficking victim services. Subject to the | ||||||
25 | availability of funds, the Department of Human Services may | ||||||
26 | provide or fund emergency services and assistance to |
| |||||||
| |||||||
1 | individuals who are victims of one or more offenses defined in | ||||||
2 | this Section.
| ||||||
3 | (i) Certification. The Attorney General, a State's | ||||||
4 | Attorney, or any law enforcement official shall certify in | ||||||
5 | writing to the United States Department of Justice or other | ||||||
6 | federal agency, such as the United States Department of | ||||||
7 | Homeland Security, that an investigation or prosecution under | ||||||
8 | this Section has begun and the individual who is a likely | ||||||
9 | victim of a crime described in this Section is willing to | ||||||
10 | cooperate or is cooperating with the investigation to enable | ||||||
11 | the individual, if eligible under federal law, to qualify for | ||||||
12 | an appropriate special immigrant visa and to access available | ||||||
13 | federal benefits. Cooperation with law enforcement shall not be | ||||||
14 | required of victims of a crime described in this Section who | ||||||
15 | are under 18 years of age. This certification shall be made | ||||||
16 | available to the victim and his or her designated legal | ||||||
17 | representative. | ||||||
18 | (j) A person who commits the offense of involuntary | ||||||
19 | servitude, involuntary sexual servitude of a minor, or | ||||||
20 | trafficking in persons for forced labor or services under | ||||||
21 | subsection (b), (c), or (d) of this Section is subject to the | ||||||
22 | property forfeiture provisions set forth in Article 124B of the | ||||||
23 | Code of Criminal Procedure of 1963.
| ||||||
24 | (Source: P.A. 96-710, eff. 1-1-10; incorporates 96-712, eff. | ||||||
25 | 1-1-10; 96-1000, eff. 7-2-10.) |
| |||||||
| |||||||
1 | (720 ILCS 5/14-3) | ||||||
2 | Sec. 14-3. Exemptions. The following activities shall be
| ||||||
3 | exempt from the provisions of this Article: | ||||||
4 | (a) Listening to radio, wireless and television | ||||||
5 | communications of
any sort where the same are publicly made; | ||||||
6 | (b) Hearing conversation when heard by employees of any | ||||||
7 | common
carrier by wire incidental to the normal course of their | ||||||
8 | employment in
the operation, maintenance or repair of the | ||||||
9 | equipment of such common
carrier by wire so long as no | ||||||
10 | information obtained thereby is used or
divulged by the hearer; | ||||||
11 | (c) Any broadcast by radio, television or otherwise whether | ||||||
12 | it be a
broadcast or recorded for the purpose of later | ||||||
13 | broadcasts of any
function where the public is in attendance | ||||||
14 | and the conversations are
overheard incidental to the main | ||||||
15 | purpose for which such broadcasts are
then being made; | ||||||
16 | (d) Recording or listening with the aid of any device to | ||||||
17 | any
emergency communication made in the normal course of | ||||||
18 | operations by any
federal, state or local law enforcement | ||||||
19 | agency or institutions dealing
in emergency services, | ||||||
20 | including, but not limited to, hospitals,
clinics, ambulance | ||||||
21 | services, fire fighting agencies, any public utility,
| ||||||
22 | emergency repair facility, civilian defense establishment or | ||||||
23 | military
installation; | ||||||
24 | (e) Recording the proceedings of any meeting required to be | ||||||
25 | open by
the Open Meetings Act, as amended; | ||||||
26 | (f) Recording or listening with the aid of any device to |
| |||||||
| |||||||
1 | incoming
telephone calls of phone lines publicly listed or | ||||||
2 | advertised as consumer
"hotlines" by manufacturers or | ||||||
3 | retailers of food and drug products. Such
recordings must be | ||||||
4 | destroyed, erased or turned over to local law
enforcement | ||||||
5 | authorities within 24 hours from the time of such recording and
| ||||||
6 | shall not be otherwise disseminated. Failure on the part of the | ||||||
7 | individual
or business operating any such recording or | ||||||
8 | listening device to comply with
the requirements of this | ||||||
9 | subsection shall eliminate any civil or criminal
immunity | ||||||
10 | conferred upon that individual or business by the operation of
| ||||||
11 | this Section; | ||||||
12 | (g) With prior notification to the State's Attorney of the
| ||||||
13 | county in which
it is to occur, recording or listening with the | ||||||
14 | aid of any device to any
conversation
where a law enforcement | ||||||
15 | officer, or any person acting at the direction of law
| ||||||
16 | enforcement, is a party to the conversation and has consented | ||||||
17 | to it being
intercepted or recorded under circumstances where | ||||||
18 | the use of the device is
necessary for the protection of the | ||||||
19 | law enforcement officer or any person
acting at the direction | ||||||
20 | of law enforcement, in the course of an
investigation
of a | ||||||
21 | forcible felony, a felony offense of involuntary servitude, | ||||||
22 | involuntary sexual servitude of a minor, or trafficking in | ||||||
23 | persons or trafficking in persons for forced labor or services | ||||||
24 | under Section 10-9 of this Code, an offense involving | ||||||
25 | prostitution, solicitation of a sexual act, or pandering, a | ||||||
26 | felony violation of the Illinois Controlled Substances
Act, a |
| |||||||
| |||||||
1 | felony violation of the Cannabis Control Act, a felony | ||||||
2 | violation of the Methamphetamine Control and Community | ||||||
3 | Protection Act, any "streetgang
related" or "gang-related" | ||||||
4 | felony as those terms are defined in the Illinois
Streetgang | ||||||
5 | Terrorism Omnibus Prevention Act, or any felony offense | ||||||
6 | involving any weapon listed in paragraphs (1) through (11) of | ||||||
7 | subsection (a) of Section 24-1 of this Code.
Any recording or | ||||||
8 | evidence derived
as the
result of this exemption shall be | ||||||
9 | inadmissible in any proceeding, criminal,
civil or
| ||||||
10 | administrative, except (i) where a party to the conversation | ||||||
11 | suffers great
bodily injury or is killed during such | ||||||
12 | conversation, or
(ii)
when used as direct impeachment of a | ||||||
13 | witness concerning matters contained in
the interception or | ||||||
14 | recording. The Director of the
Department of
State Police shall | ||||||
15 | issue regulations as are necessary concerning the use of
| ||||||
16 | devices, retention of tape recordings, and reports regarding | ||||||
17 | their
use; | ||||||
18 | (g-5) With approval of the State's Attorney of the county | ||||||
19 | in
which it is to occur, recording or listening with the aid of | ||||||
20 | any device to any
conversation where a law enforcement officer, | ||||||
21 | or any person acting at the
direction of law enforcement, is a | ||||||
22 | party to the conversation and has consented
to it being | ||||||
23 | intercepted or recorded in the course of an investigation of | ||||||
24 | any
offense defined in Article 29D of this Code.
In all such | ||||||
25 | cases, an application for an order approving
the previous or | ||||||
26 | continuing use of an eavesdropping
device must be made within |
| |||||||
| |||||||
1 | 48 hours of the commencement of
such use. In the absence of | ||||||
2 | such an order, or upon its denial,
any continuing use shall | ||||||
3 | immediately terminate.
The Director of
State Police shall issue | ||||||
4 | rules as are necessary concerning the use of
devices, retention | ||||||
5 | of tape recordings, and reports regarding their use. | ||||||
6 | Any recording or evidence obtained or derived in the course | ||||||
7 | of an
investigation of any offense defined in Article 29D of | ||||||
8 | this Code shall, upon
motion of the State's Attorney or | ||||||
9 | Attorney General prosecuting any violation of
Article 29D, be | ||||||
10 | reviewed in camera with notice to all parties present by the
| ||||||
11 | court presiding over the criminal
case, and, if ruled by the | ||||||
12 | court to be relevant and otherwise admissible,
it shall be | ||||||
13 | admissible at the trial of the criminal
case. | ||||||
14 | This subsection (g-5) is inoperative on and after January | ||||||
15 | 1, 2005.
No conversations recorded or monitored pursuant to | ||||||
16 | this subsection (g-5)
shall be inadmissible in a court of law | ||||||
17 | by virtue of the repeal of this
subsection (g-5) on January 1, | ||||||
18 | 2005; | ||||||
19 | (g-6) With approval of the State's Attorney of the county | ||||||
20 | in which it is to occur, recording or listening with the aid of | ||||||
21 | any device to any conversation where a law enforcement officer, | ||||||
22 | or any person acting at the direction of law enforcement, is a | ||||||
23 | party to the conversation and has consented to it being | ||||||
24 | intercepted or recorded in the course of an investigation of | ||||||
25 | involuntary servitude, involuntary sexual servitude of a | ||||||
26 | minor, trafficking in persons, trafficking in persons for |
| |||||||
| |||||||
1 | forced labor or services, child pornography, aggravated child | ||||||
2 | pornography, indecent solicitation of a child, child | ||||||
3 | abduction, luring of a minor, sexual exploitation of a child, | ||||||
4 | predatory criminal sexual assault of a child, aggravated | ||||||
5 | criminal sexual abuse in which the victim of the offense was at | ||||||
6 | the time of the commission of the offense under 18 years of | ||||||
7 | age, criminal sexual abuse by force or threat of force in which | ||||||
8 | the victim of the offense was at the time of the commission of | ||||||
9 | the offense under 18 years of age, or aggravated criminal | ||||||
10 | sexual assault in which the victim of the offense was at the | ||||||
11 | time of the commission of the offense under 18 years of age. In | ||||||
12 | all such cases, an application for an order approving the | ||||||
13 | previous or continuing use of an eavesdropping device must be | ||||||
14 | made within 48 hours of the commencement of such use. In the | ||||||
15 | absence of such an order, or upon its denial, any continuing | ||||||
16 | use shall immediately terminate. The Director of State Police | ||||||
17 | shall issue rules as are necessary concerning the use of | ||||||
18 | devices, retention of recordings, and reports regarding their | ||||||
19 | use.
Any recording or evidence obtained or derived in the | ||||||
20 | course of an investigation of involuntary servitude, | ||||||
21 | involuntary sexual servitude of a minor, trafficking in | ||||||
22 | persons, trafficking in persons for forced labor or services, | ||||||
23 | child pornography, aggravated child pornography, indecent | ||||||
24 | solicitation of a child, child abduction, luring of a minor, | ||||||
25 | sexual exploitation of a child, predatory criminal sexual | ||||||
26 | assault of a child, aggravated criminal sexual abuse in which |
| |||||||
| |||||||
1 | the victim of the offense was at the time of the commission of | ||||||
2 | the offense under 18 years of age, criminal sexual abuse by | ||||||
3 | force or threat of force in which the victim of the offense was | ||||||
4 | at the time of the commission of the offense under 18 years of | ||||||
5 | age, or aggravated criminal sexual assault in which the victim | ||||||
6 | of the offense was at the time of the commission of the offense | ||||||
7 | under 18 years of age shall, upon motion of the State's | ||||||
8 | Attorney or Attorney General prosecuting any case involving | ||||||
9 | involuntary servitude, involuntary sexual servitude of a | ||||||
10 | minor, trafficking in persons, trafficking in persons for | ||||||
11 | forced labor or services, child pornography, aggravated child | ||||||
12 | pornography, indecent solicitation of a child, child | ||||||
13 | abduction, luring of a minor, sexual exploitation of a child, | ||||||
14 | predatory criminal sexual assault of a child, aggravated | ||||||
15 | criminal sexual abuse in which the victim of the offense was at | ||||||
16 | the time of the commission of the offense under 18 years of | ||||||
17 | age, criminal sexual abuse by force or threat of force in which | ||||||
18 | the victim of the offense was at the time of the commission of | ||||||
19 | the offense under 18 years of age, or aggravated criminal | ||||||
20 | sexual assault in which the victim of the offense was at the | ||||||
21 | time of the commission of the offense under 18 years of age, be | ||||||
22 | reviewed in camera with notice to all parties present by the | ||||||
23 | court presiding over the criminal case, and, if ruled by the | ||||||
24 | court to be relevant and otherwise admissible, it shall be | ||||||
25 | admissible at the trial of the criminal case. Absent such a | ||||||
26 | ruling, any such recording or evidence shall not be admissible |
| |||||||
| |||||||
1 | at the trial of the criminal case; | ||||||
2 | (h) Recordings made simultaneously with the use of an | ||||||
3 | in-car video camera recording of an oral
conversation between a | ||||||
4 | uniformed peace officer, who has identified his or her office, | ||||||
5 | and
a person in the presence of the peace officer whenever (i) | ||||||
6 | an officer assigned a patrol vehicle is conducting an | ||||||
7 | enforcement stop; or (ii) patrol vehicle emergency lights are | ||||||
8 | activated or would otherwise be activated if not for the need | ||||||
9 | to conceal the presence of law enforcement. | ||||||
10 | For the purposes of this subsection (h), "enforcement stop" | ||||||
11 | means an action by a law enforcement officer in relation to | ||||||
12 | enforcement and investigation duties, including but not | ||||||
13 | limited to, traffic stops, pedestrian stops, abandoned vehicle | ||||||
14 | contacts, motorist assists, commercial motor vehicle stops, | ||||||
15 | roadside safety checks, requests for identification, or | ||||||
16 | responses to requests for emergency assistance; | ||||||
17 | (h-5) Recordings of utterances made by a person while in | ||||||
18 | the presence of a uniformed peace officer and while an occupant | ||||||
19 | of a police vehicle including, but not limited to, (i) | ||||||
20 | recordings made simultaneously with the use of an in-car video | ||||||
21 | camera and (ii) recordings made in the presence of the peace | ||||||
22 | officer utilizing video or audio systems, or both, authorized | ||||||
23 | by the law enforcement agency; | ||||||
24 | (h-10) Recordings made simultaneously with a video camera | ||||||
25 | recording during
the use of a taser or similar weapon or device | ||||||
26 | by a peace officer if the weapon or device is equipped with |
| |||||||
| |||||||
1 | such camera; | ||||||
2 | (h-15) Recordings made under subsection (h), (h-5), or | ||||||
3 | (h-10) shall be retained by the law enforcement agency that | ||||||
4 | employs the peace officer who made the recordings for a storage | ||||||
5 | period of 90 days, unless the recordings are made as a part of | ||||||
6 | an arrest or the recordings are deemed evidence in any | ||||||
7 | criminal, civil, or administrative proceeding and then the | ||||||
8 | recordings must only be destroyed upon a final disposition and | ||||||
9 | an order from the court. Under no circumstances shall any | ||||||
10 | recording be altered or erased prior to the expiration of the | ||||||
11 | designated storage period. Upon completion of the storage | ||||||
12 | period, the recording medium may be erased and reissued for | ||||||
13 | operational use; | ||||||
14 | (i) Recording of a conversation made by or at the request | ||||||
15 | of a person, not a
law enforcement officer or agent of a law | ||||||
16 | enforcement officer, who is a party
to the conversation, under | ||||||
17 | reasonable suspicion that another party to the
conversation is | ||||||
18 | committing, is about to commit, or has committed a criminal
| ||||||
19 | offense against the person or a member of his or her immediate | ||||||
20 | household, and
there is reason to believe that evidence of the | ||||||
21 | criminal offense may be
obtained by the recording; | ||||||
22 | (j) The use of a telephone monitoring device by either (1) | ||||||
23 | a
corporation or other business entity engaged in marketing or | ||||||
24 | opinion research
or (2) a corporation or other business entity | ||||||
25 | engaged in telephone
solicitation, as
defined in this | ||||||
26 | subsection, to record or listen to oral telephone solicitation
|
| |||||||
| |||||||
1 | conversations or marketing or opinion research conversations | ||||||
2 | by an employee of
the corporation or other business entity | ||||||
3 | when: | ||||||
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 | ||||||
16 | aspect of the
communication or conversation made, acquired, or | ||||||
17 | obtained, directly or
indirectly,
under this exemption (j), may | ||||||
18 | be, directly or indirectly, furnished to any law
enforcement | ||||||
19 | officer, agency, or official for any purpose or used in any | ||||||
20 | inquiry
or investigation, or used, directly or indirectly, in | ||||||
21 | any administrative,
judicial, or other proceeding, or divulged | ||||||
22 | to any third party. | ||||||
23 | When recording or listening authorized by this subsection | ||||||
24 | (j) on telephone
lines used for marketing or opinion research | ||||||
25 | or telephone solicitation purposes
results in recording or
| ||||||
26 | listening to a conversation that does not relate to marketing |
| |||||||
| |||||||
1 | or opinion
research or telephone solicitation; the
person | ||||||
2 | recording or listening shall, immediately upon determining | ||||||
3 | that the
conversation does not relate to marketing or opinion | ||||||
4 | research or telephone
solicitation, terminate the recording
or | ||||||
5 | listening and destroy any such recording as soon as is | ||||||
6 | practicable. | ||||||
7 | Business entities that use a telephone monitoring or | ||||||
8 | telephone recording
system pursuant to this exemption (j) shall | ||||||
9 | provide current and prospective
employees with notice that the | ||||||
10 | monitoring or recordings may occur during the
course of their | ||||||
11 | employment. The notice shall include prominent signage
| ||||||
12 | notification within the workplace. | ||||||
13 | Business entities that use a telephone monitoring or | ||||||
14 | telephone recording
system pursuant to this exemption (j) shall | ||||||
15 | provide their employees or agents
with access to personal-only | ||||||
16 | telephone lines which may be pay telephones, that
are not | ||||||
17 | subject to telephone monitoring or telephone recording. | ||||||
18 | For the purposes of this subsection (j), "telephone | ||||||
19 | solicitation" means a
communication through the use of a | ||||||
20 | telephone 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. |
| |||||||
| |||||||
1 | For the purposes of this subsection (j), "marketing or | ||||||
2 | opinion research"
means
a marketing or opinion research | ||||||
3 | interview conducted by a live telephone
interviewer engaged by | ||||||
4 | a corporation or other business entity whose principal
business | ||||||
5 | is the design, conduct, and analysis of polls and surveys | ||||||
6 | measuring
the
opinions, attitudes, and responses of | ||||||
7 | respondents toward products and services,
or social or | ||||||
8 | political issues, or both; | ||||||
9 | (k) Electronic recordings, including but not limited to, a | ||||||
10 | motion picture,
videotape, digital, or other visual or audio | ||||||
11 | recording, made of a custodial
interrogation of an individual | ||||||
12 | at a police station or other place of detention
by a law | ||||||
13 | enforcement officer under Section 5-401.5 of the Juvenile Court | ||||||
14 | Act of
1987 or Section 103-2.1 of the Code of Criminal | ||||||
15 | Procedure of 1963; | ||||||
16 | (l) Recording the interview or statement of any person when | ||||||
17 | the person
knows that the interview is being conducted by a law | ||||||
18 | enforcement officer or
prosecutor and the interview takes place | ||||||
19 | at a police station that is currently
participating in the | ||||||
20 | Custodial Interview Pilot Program established under the
| ||||||
21 | Illinois Criminal Justice Information Act; | ||||||
22 | (m) An electronic recording, including but not limited to, | ||||||
23 | a motion picture,
videotape, digital, or other visual or audio | ||||||
24 | recording, made of the interior of a school bus while the | ||||||
25 | school bus is being used in the transportation of students to | ||||||
26 | and from school and school-sponsored activities, when the |
| |||||||
| |||||||
1 | school board has adopted a policy authorizing such recording, | ||||||
2 | notice of such recording policy is included in student | ||||||
3 | handbooks and other documents including the policies of the | ||||||
4 | school, notice of the policy regarding recording is provided to | ||||||
5 | parents of students, and notice of such recording is clearly | ||||||
6 | posted on the door of and inside the school bus.
| ||||||
7 | Recordings made pursuant to this subsection (m) shall be | ||||||
8 | confidential records and may only be used by school officials | ||||||
9 | (or their designees) and law enforcement personnel for | ||||||
10 | investigations, school disciplinary actions and hearings, | ||||||
11 | proceedings under the Juvenile Court Act of 1987, and criminal | ||||||
12 | prosecutions, related to incidents occurring in or around the | ||||||
13 | school bus; | ||||||
14 | (n)
Recording or listening to an audio transmission from a | ||||||
15 | microphone placed by a person under the authority of a law | ||||||
16 | enforcement agency inside a bait car surveillance vehicle while | ||||||
17 | simultaneously capturing a photographic or video image; | ||||||
18 | (o) The use of an eavesdropping camera or audio device | ||||||
19 | during an ongoing hostage or barricade situation by a law | ||||||
20 | enforcement officer or individual acting on behalf of a law | ||||||
21 | enforcement officer when the use of such device is necessary to | ||||||
22 | protect the safety of the general public, hostages, or law | ||||||
23 | enforcement officers or anyone acting on their behalf; and | ||||||
24 | (p) Recording or listening with the aid of any device to | ||||||
25 | incoming telephone calls of phone lines publicly listed or | ||||||
26 | advertised as the "CPS Violence Prevention Hotline", but only |
| |||||||
| |||||||
1 | where the notice of recording is given at the beginning of each | ||||||
2 | call as required by Section 34-21.8 of the School Code. The | ||||||
3 | recordings may be retained only by the Chicago Police | ||||||
4 | Department or other law enforcement authorities, and shall not | ||||||
5 | be otherwise retained or disseminated. | ||||||
6 | (Source: P.A. 96-425, eff. 8-13-09; 96-547, eff. 1-1-10; | ||||||
7 | 96-643, eff. 1-1-10; 96-670, eff. 8-25-09; 96-1000, eff. | ||||||
8 | 7-2-10; 96-1425, eff. 1-1-11; 96-1464, eff. 8-20-10; 97-333, | ||||||
9 | eff. 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 | ||||||
13 | provided by law, a peace officer who arrests a person for a | ||||||
14 | violation of Section 10-9, 11-14 10-14 , 11-14.1, 11-14.3, | ||||||
15 | 11-14.4, 11-18, or 11-18.1 of this Code or related municipal | ||||||
16 | ordinance , may tow and impound any vehicle used by the person | ||||||
17 | in the commission of the violation offense . The person arrested | ||||||
18 | for one or more such violations shall be charged a $1,000 fee, | ||||||
19 | to be paid to the law enforcement agency unit of government | ||||||
20 | that made the arrest or its designated representative . The | ||||||
21 | person may recover the vehicle from the impound after a minimum | ||||||
22 | of 2 hours after arrest upon payment of the fee. | ||||||
23 | (b) $500 of the fee shall be distributed to the law | ||||||
24 | enforcement agency unit of government whose peace officers made | ||||||
25 | the arrest, for the costs incurred by the law enforcement |
| |||||||
| |||||||
1 | agency unit of government to investigate and to tow and impound | ||||||
2 | the vehicle. Upon the defendant's conviction of one or more of | ||||||
3 | the violations offenses in connection with which the vehicle | ||||||
4 | was impounded and the fee imposed under this Section, the | ||||||
5 | remaining $500 of the fee shall be deposited into the DHS State | ||||||
6 | Projects Violent Crime Victims Assistance Fund and shall be | ||||||
7 | used by the Department of Human Services to make grants to | ||||||
8 | non-governmental organizations to provide services for persons | ||||||
9 | encountered during the course of an investigation into any | ||||||
10 | violation of Section 10-9, 11-14, 11-14.1, 11-14.3, 11-14.4, | ||||||
11 | 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18, 11-18.1, 11-19, | ||||||
12 | 11-19.1, or 11-19.2 of this Code, provided such persons | ||||||
13 | constitute prostituted persons or other victims of human | ||||||
14 | trafficking. | ||||||
15 | (c) Upon the presentation by the defendant of a signed | ||||||
16 | court order showing that the defendant has been acquitted of | ||||||
17 | all of the violations offenses in connection with which a | ||||||
18 | vehicle was impounded and a fee imposed under this Section, or | ||||||
19 | that the charges against the defendant for those violations | ||||||
20 | offenses have been dismissed, the law enforcement agency unit | ||||||
21 | of government shall refund the $1,000 fee to the defendant.
| ||||||
22 | (Source: P.A. 96-1551, eff. 7-1-11; incorporates 96-1503, eff. | ||||||
23 | 1-27-11, and 97-333, eff. 8-12-11; revised 9-14-11.)
| ||||||
24 | Section 20. The Code of Criminal Procedure of 1963 is | ||||||
25 | amended by changing the heading of Part 300 of Article 124B and |
| |||||||
| |||||||
1 | Sections 108B-3, 116-2.1, 124B-10, 124B-100, and 124B-305 as | ||||||
2 | follows: | ||||||
3 | (725 ILCS 5/108B-3) (from Ch. 38, par. 108B-3) | ||||||
4 | Sec. 108B-3. Authorization for the interception of private
| ||||||
5 | communication. | ||||||
6 | (a) The State's Attorney, or a person
designated in writing | ||||||
7 | or
by law to act for him and to perform his duties during his | ||||||
8 | absence or
disability, may authorize, in writing, an ex parte | ||||||
9 | application to the chief
judge of a court of competent | ||||||
10 | jurisdiction for an order authorizing the
interception of a | ||||||
11 | private communication when no
party has consented to
the | ||||||
12 | interception and (i) the interception may provide evidence of, | ||||||
13 | or may
assist in the apprehension of a person who has | ||||||
14 | committed, is committing or
is about to commit, a violation of | ||||||
15 | Section 8-1(b) (solicitation of murder),
8-1.2 (solicitation | ||||||
16 | of murder for hire), 9-1 (first degree murder), 10-9 | ||||||
17 | (involuntary servitude, involuntary sexual servitude of a | ||||||
18 | minor, or trafficking in persons or trafficking in persons for | ||||||
19 | forced labor or services ), 11-15.1 (soliciting for a minor | ||||||
20 | engaged in prostitution), 11-16 (pandering), 11-17.1 (keeping | ||||||
21 | a place of juvenile prostitution), 11-18.1 (patronizing a minor | ||||||
22 | engaged in prostitution), 11-19.1 (juvenile pimping and | ||||||
23 | aggravated juvenile pimping), or 29B-1
(money laundering) of | ||||||
24 | the Criminal Code of 1961,
Section 401, 401.1 (controlled | ||||||
25 | substance
trafficking), 405, 405.1 (criminal drug conspiracy) |
| |||||||
| |||||||
1 | or 407 of the Illinois
Controlled Substances Act or any Section | ||||||
2 | of the Methamphetamine Control and Community Protection Act, a | ||||||
3 | violation of Section 24-2.1, 24-2.2,
24-3,
24-3.1, 24-3.3, | ||||||
4 | 24-3.4, 24-4, or 24-5 or subsection 24-1(a)(4), 24-1(a)(6),
| ||||||
5 | 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), or 24-1(c) of the | ||||||
6 | Criminal Code of 1961
or conspiracy to commit money laundering | ||||||
7 | or
conspiracy to commit first degree murder; (ii)
in response | ||||||
8 | to a clear and present danger of imminent death or great bodily
| ||||||
9 | harm to persons resulting from: (1) a kidnapping or the holding | ||||||
10 | of a
hostage by force or the threat of the imminent use of | ||||||
11 | force; or (2) the
occupation by force or the threat of the | ||||||
12 | imminent use of force of any
premises, place, vehicle, vessel | ||||||
13 | or aircraft; (iii) to aid an investigation
or prosecution of a | ||||||
14 | civil action brought under the Illinois Streetgang
Terrorism | ||||||
15 | Omnibus Prevention Act when there is probable cause to
believe | ||||||
16 | the
interception of the private communication will
provide | ||||||
17 | evidence that a
streetgang is committing, has committed, or | ||||||
18 | will commit a second or subsequent
gang-related offense or that | ||||||
19 | the interception of the private
communication
will aid in the | ||||||
20 | collection of a judgment entered under that Act; or (iv)
upon
| ||||||
21 | information and belief that a streetgang has committed, is | ||||||
22 | committing, or is
about to commit a felony. | ||||||
23 | (b) The State's Attorney or a person designated in writing | ||||||
24 | or by law to
act for the State's Attorney and to perform his or | ||||||
25 | her duties during his or her
absence or disability, may | ||||||
26 | authorize, in writing, an ex parte application to
the chief |
| |||||||
| |||||||
1 | judge of a circuit court for an order authorizing
the | ||||||
2 | interception of a private communication when no
party has | ||||||
3 | consented to the interception and the interception may provide
| ||||||
4 | evidence of, or may assist in the apprehension of a person who | ||||||
5 | has committed,
is committing or is about to commit, a violation | ||||||
6 | of an offense under Article
29D of the Criminal Code of 1961. | ||||||
7 | (b-1) Subsection (b) is inoperative on and after January 1, | ||||||
8 | 2005. | ||||||
9 | (b-2) No conversations recorded or monitored pursuant to | ||||||
10 | subsection (b)
shall be made inadmissible in a court of law by | ||||||
11 | virtue 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 | ||||||
14 | of the Illinois Streetgang Terrorism
Omnibus Prevention Act. | ||||||
15 | (Source: P.A. 95-331, eff. 8-21-07; 96-710, eff. 1-1-10; | ||||||
16 | 96-1464, eff. 8-20-10.) | ||||||
17 | (725 ILCS 5/116-2.1) | ||||||
18 | Sec. 116-2.1. Motion to vacate prostitution convictions | ||||||
19 | for sex trafficking victims. | ||||||
20 | (a) A motion under this Section may be filed at any time | ||||||
21 | following the entry of a verdict or finding of guilty where the | ||||||
22 | conviction was under Section 11-14 (prostitution) or Section | ||||||
23 | 11-14.2 (first offender; felony prostitution) of the Criminal | ||||||
24 | Code of 1961 or a similar local ordinance and the defendant's | ||||||
25 | participation in the offense was a result of having been a |
| |||||||
| |||||||
1 | trafficking victim under Section 10-9 (involuntary servitude, | ||||||
2 | involuntary sexual servitude of a minor, or trafficking in | ||||||
3 | persons or trafficking in persons for forced labor or services ) | ||||||
4 | of the Criminal Code of 1961; or a victim of a severe form of | ||||||
5 | trafficking under the federal Trafficking Victims Protection | ||||||
6 | 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 | ||||||
20 | the court, the violation was a result of the defendant having | ||||||
21 | been a victim of human trafficking. Evidence of such may | ||||||
22 | include, 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 |
| |||||||
| |||||||
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 | ||||||
11 | as it deems of sufficient credibility and probative value in | ||||||
12 | determining whether the defendant is a trafficking victim or | ||||||
13 | victim of a severe form of trafficking. | ||||||
14 | (c) If the court grants a motion under this Section, it | ||||||
15 | must vacate the conviction and may take such additional action | ||||||
16 | as 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 | ||||||
20 | applies to forfeiture of property in connection with the | ||||||
21 | following: | ||||||
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; or trafficking in persons trafficking | ||||||
25 | of persons for forced labor or services ). |
| |||||||
| |||||||
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 .) |
| |||||||
| |||||||
1 | (725 ILCS 5/124B-100) | ||||||
2 | Sec. 124B-100. Definition; "offense". For purposes of this | ||||||
3 | Article, "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, or trafficking in persons or trafficking of | ||||||
8 | persons for forced labor or services in violation of | ||||||
9 | Section 10-9 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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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. | ||||||
4 | All moneys and the sale proceeds of all other property | ||||||
5 | forfeited and seized under this Part 300 shall be distributed | ||||||
6 | as 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 DHS State Projects | ||||||
12 | Violent Crime Victims Assistance Fund and targeted to | ||||||
13 | services for victims of the offenses of involuntary | ||||||
14 | servitude, involuntary sexual servitude of a minor, and | ||||||
15 | trafficking in
persons and trafficking of persons for | ||||||
16 | forced labor or services .
| ||||||
17 | (Source: P.A. 96-712, eff. 1-1-10.) | ||||||
18 | Section 25. The Predator Accountability Act is amended by | ||||||
19 | changing Section 10 as follows: | ||||||
20 | (740 ILCS 128/10)
| ||||||
21 | Sec. 10. Definitions. As used in this Act: | ||||||
22 | "Sex trade" means any act, which if proven beyond a | ||||||
23 | reasonable doubt could support a conviction for a violation or |
| |||||||
| |||||||
1 | attempted violation of any of the following Sections of the | ||||||
2 | Criminal Code of 1961: 11-14.3 (promoting prostitution); | ||||||
3 | 11-14.4 (promoting juvenile prostitution); 11-15 (soliciting | ||||||
4 | for a prostitute); 11-15.1 (soliciting for a juvenile | ||||||
5 | prostitute); 11-16 (pandering); 11-17 (keeping a place of | ||||||
6 | prostitution); 11-17.1 (keeping a place of juvenile | ||||||
7 | prostitution); 11-19 (pimping); 11-19.1 (juvenile pimping and | ||||||
8 | aggravated juvenile pimping); 11-19.2 (exploitation of a | ||||||
9 | child); 11-20 (obscenity); 11-20.1 (child pornography); or | ||||||
10 | 11-20.1B or 11-20.3 (aggravated child pornography); or Section | ||||||
11 | 10-9 of the Criminal Code of 1961 (trafficking in of persons | ||||||
12 | and involuntary servitude). | ||||||
13 | "Sex trade" activity may involve adults and youth of all | ||||||
14 | genders and sexual orientations.
| ||||||
15 | "Victim of the sex trade" means, for the following sex | ||||||
16 | trade acts, the person or persons indicated: | ||||||
17 | (1) soliciting for a prostitute: the prostitute who is | ||||||
18 | the object of the solicitation; | ||||||
19 | (2) soliciting for a juvenile prostitute: the juvenile | ||||||
20 | prostitute, or severely or profoundly intellectually | ||||||
21 | disabled person, who is the object of the solicitation; | ||||||
22 | (3) promoting prostitution as described in subdivision | ||||||
23 | (a)(2)(A) or (a)(2)(B) of Section 11-14.3 of the Criminal | ||||||
24 | Code of 1961, or pandering: the person intended or | ||||||
25 | compelled to act as a prostitute; | ||||||
26 | (4) keeping a place of prostitution: any person |
| |||||||
| |||||||
1 | intended or compelled to act as a prostitute, while present | ||||||
2 | at the place, during the time period in question; | ||||||
3 | (5) keeping a place of juvenile prostitution: any | ||||||
4 | juvenile intended or compelled to act as a prostitute, | ||||||
5 | while present at the place, during the time period in | ||||||
6 | question; | ||||||
7 | (6) promoting prostitution as described in subdivision | ||||||
8 | (a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961, | ||||||
9 | or pimping: the prostitute from whom anything of value is | ||||||
10 | received; | ||||||
11 | (7) promoting juvenile prostitution as described in | ||||||
12 | subdivision (a)(2) or (a)(3) of Section 11-14.4 of the | ||||||
13 | Criminal Code of 1961, or juvenile pimping and aggravated | ||||||
14 | juvenile pimping: the juvenile, or severely or profoundly | ||||||
15 | intellectually disabled person, from whom anything of | ||||||
16 | value is received for that person's act of prostitution; | ||||||
17 | (8) promoting juvenile prostitution as described in | ||||||
18 | subdivision (a)(4) of Section 11-14.4 of the Criminal Code | ||||||
19 | of 1961, or exploitation of a child: the juvenile, or | ||||||
20 | severely or profoundly intellectually disabled person, | ||||||
21 | intended or compelled to act as a prostitute or from whom | ||||||
22 | anything of value is received for that person's act of | ||||||
23 | prostitution; | ||||||
24 | (9) obscenity: any person who appears in or is | ||||||
25 | described or depicted in the offending conduct or material; | ||||||
26 | (10) child pornography or aggravated child |
| |||||||
| |||||||
1 | pornography: any child, or severely or profoundly | ||||||
2 | intellectually disabled person, who appears in or is | ||||||
3 | described or depicted in the offending conduct or material; | ||||||
4 | or | ||||||
5 | (11) trafficking of persons or involuntary servitude: | ||||||
6 | a "trafficking victim" as defined in Section 10-9 of the | ||||||
7 | Criminal Code of 1961.
| ||||||
8 | (Source: P.A. 96-710, eff. 1-1-10; 96-1551, eff. 7-1-11; | ||||||
9 | 97-227, eff. 1-1-12; revised 9-15-11.) |